Ownership of content: This specifies who owns the content that is included or shared on your site and outlines how users may, or may not, use or share your content. Make sure to state if you own intellectual property rights, such as copyrights or trademarks, to any of the site’s content.
Limit liability: This is a disclaimer alerting users that you are not liable for any errors or inaccuracies in your web content. And if you allow users to post content or comments, you should state that you aren’t liable for any illegal, abusive, or defamatory posts generated by third parties.
Governing law: This states where your business is located and specifies which law (state or country) you are governed by in the event you are taken to court.
As tempting as it may be to simply copy and paste terms from another company’s website, this is a bad idea. For one, you may be liable for copyright infringement, but more importantly, if you copy terms from another company, they likely won’t properly protect your business if you wind up in court.
In the second method, also known as “Clickwrap,” you obtain the user’s assent by have them checked a box or click a button to confirm they’ve read and agree to accept the terms before they can use your site. This is the most effective way to establish an enforceable legal agreement between you and the user, as the court is more likely to find that an agreement exists if the user has to take some kind of action.
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This article is a service of Sky Unlimited Legal Advisory PC, Personal Family Lawyer® . We're not your traditional law firm, we stand apart from the rest by helping you make informed and empowered decisions on how to deal with your business throughout life and in the event of an emergency. We offer a complete spectrum of legal services, including a New Business Planning Session or an Existing Business Review Session, which includes a review of all the legal, insurance, financial, and tax systems you need for your business. You can begin by calling our office at (650) 761-0992 today or book online to schedule a Business Planning Session and mention this article to find out how to get this $950 session at no charge.
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