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Legal Garb

Posted: Mon Jul 03, 2006 1:18 pm
by Bigun
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?

Posted: Wed Jul 05, 2006 9:19 am
by Bigun
Wow... all I have left is this..

Posted: Wed Jul 05, 2006 10:24 am
by RobertGonzalez
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.

Posted: Wed Jul 05, 2006 1:28 pm
by Bigun
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...

Posted: Wed Jul 05, 2006 1:31 pm
by John Cartwright
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...
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)

Posted: Wed Jul 05, 2006 1:44 pm
by Bigun
Believe me, I will, I just don't wanna get sued because I didn't get to it within one hour.

Posted: Wed Jul 05, 2006 1:46 pm
by John Cartwright
Bigun wrote:Believe me, I will, I just don't wanna get sued because I didn't get to it within one hour.
You will be asked to remove the content first, upon failure to do so then you will be sued.

Posted: Wed Jul 05, 2006 1:47 pm
by Bigun
Jcart wrote:
Bigun wrote:Believe me, I will, I just don't wanna get sued because I didn't get to it within one hour.
You will be asked to remove the content first, upon failure to do so then you will be sued.
That I can handle..

Posted: Wed Jul 05, 2006 1:57 pm
by RobertGonzalez
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.