Hi all
I'll shortly be launching a members only web site, I'm trying to put together my terms of use. Rather than just take the copy & paste approach, I'd like to write my own from scratch so I can make sure I've covered everything. I'd appreciate if some of you could review the framework for my terms of use, and give me any pointers/suggestions before I start to flesh it out?
My site will let established real-world clubs and organisations form on-line communities, similar to the services offered by yahoo groups. I'll be targetting a very specific type of club/organisation though. The site will offer them the usual community features : newsletters, chat room, guestbook, forums, photo galleries, member directory etc. Each community will have it's own administrator who will control the site. Paid members will also get a feature which will let them contact others in the club organisation who are not members of the on-line community, for example, because they have no internet access. This works by the member sending their message to the administrator, who then prints it off and delivers it to the intended recipient.
Listed below is the framework I've got so far (the privacy policy will be a seperate document).
Any advice appreciated.
ahmed
- Introduction
- Brief info about the site and operators
- Changes to the agreement - members responsibility to check for updates
- Use of any part of site constitutes acceptance of these terms, that
acceptance is re-affirmed on each subsequent use or visit.
- Sign-up & registration
- Some parts of the site are members only.
- Applications for membership can be declined for any reason - decision
can't be appealed
- User must provide registration information which is to the best of their
knowledge competely true and accurate
- User's under the age of 13 MUST get parental consent,
to be verified by site operators, before signing up
- User's cannot attempt to impersonate any person, ficticious or real
during signup.
- Approved members must pay subscription fee
- Approved members receive a 7 day restricted trial, view content but
not submit it.
- Operators can end trial at any time for any reason
- All information provided during registration process and during any
subsequent use of the site is subject to site's privacy policy.
- Site use & availability
- Operators may pull part or all of the site at any time without notice
for technical, legal or other reasons.
- No guarantees as to the availability of the site. It may not be available
due to technical problems
- Operators make no claims or guarantees as to the suitability or compatibility
of the site for any purpose.
- User's responsibility to make sure they have the required hardware,
software & skill to use the site.
- Use of site is entirely at users own risk.
- Site operators make no guarantees that community administrator will
deliver messages in a timely manner or at all. Members should check the
administrators policy with regards to delivery of messages before
signing up.
- Site operators make no guarantees about availability of any member submitted
content such as photo's and newsletters.
- Member conduct
- Members have access to chat room, guestbook, message boards and photo
galleries.
- Some or all of these features may be moderated - no guarantee that content
submitted will be included on site.
- Members agree not to submit any content which is :
1) vulgar, racist, threatening, abusive or otherwise offensive
2) of a sexual or adult nature
3) illegal
4) damaging to site operators and it's business partners
5) copyrighted without prior written consent from copyright owners.
- site operators get full & final say over which content is deemed
to fall into any of the above categories.
- site operator can remove or modify any content as they see fit.
- members agree not to use the site for any commercial purpose, including
but not limited to advertising their products and services on site, or
gathering information on site members for commercial use or re-sale.
- Members must not attempt to impersonate any person, ficticious or otherwise,
in order to gain access to information, areas or features which would
otherwise be off-limits. This includes pretending to be a site operator,
admin or moderator to gain password.
- Copyright Policy
- Members may not submit any copyrigthed content without written consent
from the copyright owners.
- Members may not copy, modify or re-distribute outside the site, any
content from the site without prior written consent from the site operators.
- Members agree that site operators get non-exclusive, royalty-free, non-terminable
right to copy, modify, distribute, show in public and create derivative
works in any form, anywhere, from content submitted by members.
- Membership fees
- Membership fees are non refundable, non-transferable.
- Cost of future subscriptions may change after initial membership period
has expired. Site operators reserve the right to change membership prices
at any time, and charge the new price for members wishing to renew their
subscriptions.
- Suspension and termination of service.
- Site operators may suspend or terminate user's membership for breach
of these terms or for any other inappropriate behaviour at operators sole
discretion. Members are not eligible to a full or partial refund or rebate
of their membership fee if membership is suspended or terminated.
- Business partners & affiliates.
- Site operators may allow business partners and affiliates to offer and/or
advertise their products & services on site.
- Site operators make no guarantees as to suitability of any 3rd party
products or services for any use.
- Members agree that any transactions carried out with a business partner
or affiliate of site operator, are subject to business partner or affiliates
terms & conditions, except when those terms are in conflict with site
operators own terms.
- Site operators are not responsible or liable in any way for behaviour,
conduct or actions of business partners and affiliates.
- Liability
- Site operators not liable to users or any third party for any indirect
or consequential loss or damage, or for any loss of data, profit, revenue
or business, howsoever caused.
- Site operators not responsible for conduct of members, and take no responsibility
for their actions.
- Site operators not liable for failure to perform any of its obligations
under this Agreement caused by matters beyond its reasonable control.
- Jurisdiction
- This agreement governed by laws of England & Wales
- In the event any part of this agreement is found to be invalid or unenforceable
by law, remainder of agreement shall remain valid and enforceable.
