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Thread: Suggestions - Terms of Use template?

  1. #1
    bogart's Avatar
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    Suggestions - Terms of Use template?

    I'm looking for a terms of use template. I need the terms of use to include

    Legal Disclaimer
    Limitations of Liability
    Indemnification

    Any suggestions?

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    Replace "BOGART" with your company name and "STATE OF BOGART" with a state name.

    Web Site Terms and Conditions of Use


    1. Terms

    By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
    2. Use License


    1. Permission is granted to temporarily download one copy of the materials (information or software) on BOGART's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on BOGART's web site;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or "mirror" the materials on any other server.

    2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BOGART at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

    3. Disclaimer


    1. The materials on BOGART's web site are provided "as is". BOGART makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BOGART does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

    4. Limitations

    In no event shall BOGART or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BOGART's Internet site, even if BOGART or a BOGART authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
    5. Revisions and Errata

    The materials appearing on BOGART's web site could include technical, typographical, or photographic errors. BOGART does not warrant that any of the materials on its web site are accurate, complete, or current. BOGART may make changes to the materials contained on its web site at any time without notice. BOGART does not, however, make any commitment to update the materials.
    6. Links

    BOGART has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BOGART of the site. Use of any such linked web site is at the user's own risk.
    7. Site Terms of Use Modifications

    BOGART may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
    8. Governing Law

    Any claim relating to BOGART's web site shall be governed by the laws of the State of STATE OF BOGART without regard to its conflict of law provisions.
    General Terms and Conditions applicable to Use of a Web Site.
    Privacy Policy

    Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

    • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
    • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
    • We will only retain personal information as long as necessary for the fulfillment of those purposes.
    • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
    • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
    • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
    • We will make readily available to customers information about our policies and practices relating to the management of personal information.

    We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

  3. Thanked by:

    Aziz (1 November, 2009), bogart (1 November, 2009)

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    Quote Originally Posted by menj View Post
    Nice template there, will use it. Can this also be used to comply with Google's Privacy Policy?
    For that, you will want to use a separate Privacy Policy. For example:

    Privacy Policy for ____.com


    The privacy of our visitors to ____.com is important to us.

    At _____.com, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit _____.com, and how we safeguard your information. We never sell your personal information to third parties.


    Log Files
    As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.


    Cookies and Web Beacons
    We do use cookies to store information, such as your personal preferences when you visit our site. This could include only showing you a popup once in your visit, or the ability to login to some of our features, such as forums.
    We also use third party advertisements on ____.com to support our site.

    Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed.

    This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).


    You can chose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.

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