- Modification – Next it is important to reserve the right for the website to modify the terms at any time.
- About the Website – This serves as a brief overview of how the website functions. What is the purpose of the website? What kind of services does the Website offer? It is important for Users to understand what the website does in a nutshell.
- Warranties and Representations – You want the User to warrant (i.e. validate) that they are at least a certain age, typically no younger than 18. This protects the website owner from legal ramifications stemming from underage Users.
- Account Creation, Payment, & Termination – Users need to know how to create and cancel their accounts on the website. Users also need to know how payments are processed and by who. It is important to make clear that Users are solely responsible for keeping their account accurate and secure.
- User Generated Content (“UGC”) – This. Is. HUGE. If the website has any type of UGC, whether it is elaborate forums or simple reviews, there must be a UGC clause. This clause indicates that Users own their UGC, but warrant that they will not upload any infringing (i.e. illegal) material. It is also important for the website to be able to remove UGC at any time for any reason.
- Communications Decency Act – For liability purposes, websites do not want to be considered interactive computer service providers. If a User gets in trouble, the website wants to avoid getting in trouble too.
- Third Party Links & No Endorsement – Any links that go outside the website are not endorsed by the website in anyway.
- Disclaimer of Warranties & Limitation of Liability– “Disclaimers” foreclose responsibility and limit liability on behalf the website. These clauses include disclaimers that limit liability for any harm arising from the website, any errors or interruptions with the website’s services, and any damages that could result from liability, among others.
- Indemnification – To “indemnify” means to make compensation for incurred hurt, loss, or damage. This clause establishes that in the event of infringement, personal injury, or death that results from a User’s use of the website, the user will indemnify, or compensate, the website.
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