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 having them check 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.
This article is a service of Liz Smith, Family Business Lawyer™. We offer a complete spectrum of legal services for businesses and can help you make the wisest choices on how to deal with your business throughout life and in the event of your death. We also offer a LIFT Start-Up Session™ or a LIFT Audit for an ongoing business, which includes a review of all the legal, financial, and tax systems you need for your business. Call us today to schedule your appointment at 907-312-5436, or find a time for us to call you.