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Legal standing on forum indemnity
endomorph1




msg:1562802
 7:57 pm on Apr 26, 2005 (gmt 0)

Looking for advice here if any of you have been in a similar situation.

I run a forum which is mainly for consumer complaints in an industry which is renowned for cons and scams.

There are several posts regarding one particular company. The comments in these posts are not really defamatory or contain liable, they are opinions of consumers.

Part of the terms and conditions of the site are -

13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT *********** SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF *********** HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

15. INDEMNITY
You agree to indemnify and hold ***********, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

Today, I received a letter requesting o "remove all information ascertaining to our Company" otherwise they will set their legal hounds on us.

For the moment I have dynamically replaced their company name with {Restricted Word/Phrase} across the whole forum.

My questions are -

- Does my replacing the company name across the forum but keeping the remaining text around constitute "remove all information ascertaining to our Company"

- Do our T & C cover our a*se and can I say no to him.

All advice would be much appreciated. I will be seeking legal advice too, but you know what solicitors are like, they know nothing about the internet apart from the ones on 1000 a day!

Cheers

 

HughMungus




msg:1562803
 9:52 pm on Apr 26, 2005 (gmt 0)

- Does my replacing the company name across the forum but keeping the remaining text around constitute "remove all information ascertaining to our Company"

Not sure. I'd bet that the company can't force you to remove your users' opinions. Ask a lawyer (like I've said before: you can pay for one now or you can pay for one later).

- Do our T & C cover our a*se and can I say no to him.

T&C's are meaningless in the face of the law. I could write a T&C saying that you will give me your first-born child if you post in my forum but it would not be enforcable.

FourDegreez




msg:1562804
 3:01 pm on Apr 27, 2005 (gmt 0)

See: [chillingeffects.org ]

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