How would that even work? If I browse to any random public page of your website, it's served to me before you've even transmitted the terms of service. How could I be bound by those terms of service when I haven't even seen them?
How would that even work? If I browse to any random public page of your website, it's served to me before you've even transmitted the terms of service. How could I be bound by those terms of service when I haven't even seen them?
I think these sorts of contracts are called Adhesion Contracts (https://www.investopedia.com/terms/a/adhesion-contract.asp) and we interact with them all the time. For example, if you valet your car, the valet will hand you a piece of paper with a number printed on it to retrieve your car. On that paper you will find an adhesion contract that is valid and real (although not as powerful as the types of contracts that you sign)
A paper served you by the valet is not an immediate contract as you can deny agreeing to it and service does not happen.
You cannot do that with a publicly visible website, unless you show ToS and require agreement before first use. If you allow a non-transferable license then said data cannot be used by a search engine. If it's transferable you just pushed the problem towards scraping a different bot. (Well, you could have a direct agreement with a few major search engines.)
Caveat emptor: not a lawyer.
Except it sounds like the owner doesn't. If the information is on the page made public, the owner of the page can't place terms on what is done with the data downstream. They'd have to implement some real binding system such as authentication where CFAA would apply. (IANAL)
And said ToS would have to force copyright reassignment rather than a general licence, making LinkedIn culpable for any unlawful content published by users of its site.