Legal Garb
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Legal Garb
I need some legal jargon for the agreement before they sign up for an account on this site.
Aside from paying a lawyer, are there any suggestions for a good place to look?
Aside from paying a lawyer, are there any suggestions for a good place to look?
- RobertGonzalez
- Site Administrator
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- Joined: Tue Sep 09, 2003 6:04 pm
- Location: Fremont, CA, USA
Do you have any idea what the requirements are going to be? I think it would help to start with what you expect from the user and what the user could expect from the site. If there is money involved, make all pricing and terms clear in the agreement and make sure the agreement doesn't change.
If there is any chance that you could get sued over what is in the agreement or what is in the site, see a lawyer before moving forward with any of it.
If there is any chance that you could get sued over what is in the agreement or what is in the site, see a lawyer before moving forward with any of it.
- John Cartwright
- Site Admin
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- Location: Toronto
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From my understanding *disclaimer*, even if you force them into some agreement stating to not upload copywritted material and they have done so, it is your obligation to monitor/remove it immediatly. Failure to do so would be considered your responsibility.. (Napster comes to mind)Bigun wrote:The site will have the ability to store MP3's. And I don't want copyrighted stuff getting uploaded (it will be for unsigned artists only). I don't want to be sued because some tit uploaded Metallica...
- John Cartwright
- Site Admin
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- Joined: Tue Dec 23, 2003 2:10 am
- Location: Toronto
- Contact:
- RobertGonzalez
- Site Administrator
- Posts: 14293
- Joined: Tue Sep 09, 2003 6:04 pm
- Location: Fremont, CA, USA
But seriously, check with a lawyer and make sure you can preempt these possible legal issues with some sort of disclaimer, agreement or contract. In many cases, even with a disclaimer, the claimant has a right to pursue legal action against you in full view of the fact that you stated you would not be responsible for their indiscretion.
A few cases come to mind, mostly in brick and mortar establishments, where a disclaimer is posted, a waiver is signed, something occurs and both the disclaimer and the waiver are completely overlooked in favor of a suit.
Protect yourself and your business at all costs.
A few cases come to mind, mostly in brick and mortar establishments, where a disclaimer is posted, a waiver is signed, something occurs and both the disclaimer and the waiver are completely overlooked in favor of a suit.
Protect yourself and your business at all costs.