The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. A basic disclaimer template should include these terms are others, as well. Your terms and conditions text is a contract between your website and its users. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Select the required policy policy from our Policies Pack . Please note that legal information, including legal templates and legal policies, is not legal advice. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. The best way to get agreement is with a checkbox. One way of protecting your business is through the use of legal agreements. 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. You won’t find a major company without at least a basic terms and conditions for its online store or website. The General Data Protection Regulation (GDPR) — Europe’s strict privacy law that applies to companies worldwide with EU users — does not directly affect the terms and conditions of your website. The company can do so by refusing their service to customers who fail to comply with the agreement. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. Quick & Simple to Create Expertly drafted by legal experts. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). They are also known as terms of service and terms of use, and are abbreviated as T&Cs (or ToS and ToU, respectively). As a user, your continued use of services shall immediately indicate you have read the terms and conditions, and have therefore agreed upon the provisions stated herein. A Terms & Conditions agreement will help you prevent abuses such as theft of your content, reverse-engineering of your app and spamming of your users. There are two common and effective ways to present your terms and conditions where they can be easily found by users: In your footer — Most terms and conditions appear in the footers of websites. If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. Currently, there are millions of e-commerce websites from across the globe selling products and services to consumers every minute of the day. For example, if a user was displaying abusive behavior on your forum, you could delete the person's account and ban their email address from your site. There are a few ways to display your Terms and Conditions. There's so much to do in the initial part of setting up a business, and creating a Terms and Conditions (T&C) agreement may not be the most exciting thing on your to-do list. It's important to include this clause as websites and apps can be based anywhere in the world and reach users around the globe. 1.3 “Affiliate” has the meaning defined in section 3.2. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. For example, when you sign up to use Facebook or iTunes, instead of simply agreeing to the terms and conditions read through them. Or, if you’re looking for a different type of terms and conditions, check out our other template pages to find what you need: Disclaimer: Termly Inc is not a lawyer or a law firm and does not engage in the practice of law or provide legal advice or legal representation. We hope we’ve helped you on your path to making your website or app legally compliant. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. Unsurprisingly, Apple’s terms and conditions have been very carefully crafted by its legal team. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. This ensures anyone purchasing goods or services from your website has access to your Terms at a time when they may need the information found within them the most. Choose your Policies . This is why including a user generated content clause, and asking users to agree to it, is so important. 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. The accuracy of the generated terms & conditions are not legally binding. You must not use this Website, if you have any objection to any of th… Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. What are Terms and Conditions Agreements? Customizable from hundreds of combinations, available in 8 languages, powerful and precise — our solution is capable of handling even the most complex, individual scenarios. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. delete the copyright or other proprietary rights notice from any Content. In addition, the company follows up with a welcome email, which includes a link to the Terms agreement and a big reminder that by signing up, you agreed to those Terms: A good place to display your T&C is during checkout (if applicable). your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute 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. Find out the difference between a terms of use and a privacy policy in our guide. Sample Terms and Conditions Template by Jennifer L. Legal writer. Every website needs a Terms and Conditions. Quick and easy way to secure our company website. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. You need to reserve the right to ban or restrict users from your website or app at your discretion. Here are some examples of how to display Terms and Conditons: Many companies choose to show their Terms and Conditions in their website's footer. When I create initial custom Terms and Conditions, it will look like the following screenshots that include an example of what it looks like on Windows Phone 8.1. Your company must make sure that it's handling its users' personal data appropriately and protecting itself against any potential legal problems. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. This way is the best since it's clear and unambiguous and requires the user to check the box, thereby explicitly agreeing to the terms. 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. Having website terms and conditions is considered standard business practice in the US, Canada, the UK, and just about everywhere else — from South Africa to Australia. The company also waives responsibility for screening user-submitted content in comments and forums, while establishing its right to use and license any such material as it sees fit. Our Terms & Conditions Example Generator will create a sample terms & conditions document for your site. There isn't a tick box, but the site states that by placing an order you agree to the Terms of Use. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; make improper use of our support services or submit false reports of abuse or misconduct. Read through various terms and conditions you find to get ideas about how to structure your terms and conditions. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. However, your governing law doesn’t necessarily need to be your company’s physical location. 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. 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 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. General terms and conditions (T&Cs) set out those arrangements, provisions, requirements, rules and specifications which occur in every transaction that a seller makes. your Contributions are not false, inaccurate, or misleading. Both template formats can be easily added to the HTML of your site. If you have time, a share would mean a lot to us — don’t forget to @Termly_io and use the hashtag #Termly! To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration. These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of state], without regard to its conflict of law principles.