A Terms and Conditions agreement (also known as a Terms of Use or Terms of Service agreement) is a legally enforceable agreement that lays out the rules users must abide by in order to use a website, mobile app, or service. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. To comply with international privacy laws and avoid being fined, your site needs a privacy policy. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. These terms and conditions for a website set out key issues such as acceptable use, privacy, cookies, registration and passwords, intellectual property, links to other sites, termination and disclaimers of responsibility. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. Our Terms & Conditions Example Generator will create a sample terms & conditions document for your site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. This section should include a special clause regarding user-generated content in forums and comments. Filing a false Counter Notification constitutes perjury. a variety of rules and guidelines for how users access and use your website or mobile app Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. use any information obtained from the Site in order to harass, abuse, or harm another person. As a pop-up — As well as including them in the footer, you can have a pop-up appear when users access your site for the first time. 10/20/2018; 3 minutes to read; E; D; d; E; In this article. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Contributions may be viewable by other users of the Site and through third-party websites. On this page, your visitors can quickly learn the rules for using the website. The user is bound by the Terms whether they read them or not once they check that box. We care about data privacy and security. For example, to make the text box one inch high on a 96 dpi display, enter 96. These terms will also reduce your probable losses due to returns or refunds. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. Fill in your details. Optimized for e-commerce, marketplace, SaaS, apps and more. Particularly useful if you offer software as a service (SaaS) applications, this section protects you from abusive users by giving you the right to suspend user accounts and delete any content they post. You may not access or use the Site for any purpose other than that for which we make the Site available. Terms and conditions also explain the rules the website administrator will abide by. Just including a mention of it and a link to the separate agreement will work and is a good option if your Refund Policy is very long and worth separating. use the Site to advertise or offer to sell goods and services. As a user, your continued use of Template.net services shall immediately indicate you have read the terms and conditions, and have therefore agreed upon the provisions stated herein. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. For example, to help you remove offensive usernames. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Terms and Conditions policy is something every business needs to comply with. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. What is the legal font size for terms and conditions? Terms and Conditions Generator. It used to be a hassle & cost a fortune. ], [If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. Both template formats can be easily added to the HTML of your site. You represent and warrant that you are aware that, among other requirements, the TCPA requires prior express written consent from a consumer before you can send them marketing text messages using an autodialer, with no purchase required as a condition of their consent, and such consent must be clear and conspicuous. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). Terms and conditions are used and necessary to … If you have time, a share would mean a lot to us — don’t forget to @Termly_io and use the hashtag #Termly! However, your governing law doesn’t necessarily need to be your company’s physical location. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Without a Terms and Conditions agreement your business and customers are lacking clearly defined rights, responsibilities and duties. Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Let me show that setting in a bit more detail by showing an example. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Explicitly listing prohibited activities is another way to stop visitors misusing your site. The clause clearly states that any unauthorized commercial use will violate its intellectual property rights: Costco's Intellectual Property clause is split up into three sections and clearly states everything on their site belongs to them, as well as naming all of their trademarks. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. Enter your email address where you'd like to receive the new Free Terms and Conditions and click "Generate": Once generated, you can copy and paste your Free Terms and Conditions agreement on your website or app or link to your hosted Free Terms and Conditions page. We’re all human. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. The terms clearly define what is considered acceptable use of Apple’s services, and importantly, what is not. McDonald’s requires users to click “I agree to the terms and conditions” in order to use their free WiFi in stores, as well as to their terms and conditions for online services when using their website. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Requiring users to take that extra step of clicking the box helps you get that high level of clear agreement that will be very likely to hold up in court if ever needed. For example, if you’re selling online and incorrectly price an item, your terms and conditions are what will enable you to cancel the order. The best way to get agreement is with a checkbox. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [_________] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$_________]. Although the GDPR doesn’t regulate what your terms and conditions must include, it mandates that you create a separate website privacy policy, as does the newly enacted California Consumer Privacy Act (CCPA). harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. [If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]. As the company collects substantial personal data, there is special consideration for passwords and security: While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). One way of protecting your business is through the use of legal agreements. Benefits of Having a Terms and Conditions Agreement, Clauses For Your Terms and Conditions Agreement, How to Display Your Terms and Conditions Agreement, How to Get Agreement For Your Terms and Conditions, 5 Key Legal Agreements Your Business Needs, Terms and Conditions for E-commerce Stores, Privacy Policies versus Terms and Conditions, Free Terms and Conditions Sample Template, Free GDPR Data Processing Sample Template. By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. They are also known as terms of service and terms of use, and are abbreviated as T&Cs (or ToS and ToU, respectively). This gives you an advantage in the event of a legal dispute, because you can demonstrate that the user was made aware of your terms before they browsed your site. The use and distribution may occur in any media formats and through any media channels. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. It's a good idea to use multiple methods of displaying your Terms. Overall, checkboxes are the best method to get agreement to your Terms as it requires the user to take action to agree with them. Writing in simple language, instead of complicated legalese, makes life easier for your visitors and strengthens your defense if legal action is taken against you. Having terms and conditions isn’t a legal requirement, but they are critical to maintaining your rights and protecting your business. Unsurprisingly, Apple’s terms and conditions have been very carefully crafted by its legal team. We may assign any or all of our rights and obligations to others at any time. In addition, whilst not required by law, Terms and Conditions are a good place to include any disclosures that are required by law. Use at your own risk. Expand the component below to view our standard terms and conditions template in its entirety, or click the button to download the sample in Microsoft Word and PDF file formats. Terms and Conditions Sample. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Obtain consent & manage cookie preferences, Scan your website for GDPR and CCPA compliance, Informational articles on privacy law compliance & best practices, Frequently asked questions and answers about data privacy and regulations, [, or if a minor, you have received parental permission to use the Site], [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site]; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; (8) your use of the Site will not violate any applicable law or regulation. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (6) your physical or electronic signature.
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