Here's a template of the one I'm currently using. I've put in placeholder text for the unique parts, easy find/replace.
Placeholders: $SITE_URL (www.mysite.com) $SITE_NAME (My Site) $SITE_NAME_UPPERCASE (MY SITE) $COMPANY_NAME (My Company, Inc.) $CONTACT_EMAIL ([EMAIL PROTECTED]) Terms of Service Introduction Please read these Terms carefully. They are the legal terms and conditions that govern your use of the services available on $SITE_URL , your rights as regards all information, images, text, data and other materials (“Content”) on the site, and your use of all software, programs, and code (the “Service”) employed by $COMPANY_NAME This Service is operated by $COMPANY_NAME under the trade name $SITE_NAME. ‘$SITE_NAME’ is also referred to below as “we”, “our”, and “us”. “Terms” shall collectively refer to the General Terms and the Additional Terms, as applicable. By using our Service, you have consented to be bound by Section I of the Terms spelled out below (“General Terms”). The General Terms apply to all who visit and use the $SITE_URL website (the “Site”). If you choose to register an account with us on our Site, you must also consent to be bound by Section II of the Terms (“Additional Terms”). When registering, you will be required to indicate that you have read and agree to the conditions spelled out in the Additional Terms. Section I. General Terms Availability The Service is provided by $COMPANY_NAME as is, as available, and at our discretion. We reserve the right to modify, suspend or discontinue the Service at any time and without warning. You agree that $COMPANY_NAME will not be liable to you for any modification, suspension, or discontinuation of the Service. You specifically agree that $COMPANY_NAME is not responsible for any conduct of any Member that submits Content or other Submissions hereunder. Proprietary Rights Our Site contains information, text, photographic images, sound recordings, designs, graphics and other materials and effects (including logos) that are protected by copyrights, trademarks or other intellectual or proprietary rights owned by $COMPANY_NAME or other third parties. You agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. The $SITE_NAME logo and product service names are also likewise protected and owned by us. Privacy $SITE_NAME takes your privacy very seriously. See our Privacy Policy for details. Copyright Unless otherwise noted, $COMPANY_NAME owns all copyright and data rights to the Site, the Service, and its Content. Copyright to works posted on the Site by individuals is either owned by the individual in question or licensed under law from the copyright owner. You may not publicly display, reproduce, distribute, or use in any derivative form any of the Content without the express permission of $COMPANY_NAME or of the copyright owner. $COMPANY_NAME makes no claims of ownership of any Content that you post to the Site. You agree not to alter or use any portion of the Service other than your Content in any medium other than as permitted by these Terms of Service unless expressly permitted by $COMPANY_NAME or by the functions available within the Service. Reporting Copyright Violations $COMPANY_NAME respects the intellectual property of others and expects its users to do the same. At our discretion, in cases of alleged copyright violation we reserve the right to suspend your account and remove your work from the Site. If while on the Site you come across content that you know to be the copyrighted work of an unacknowledged party, please contact us, at $CONTACT_EMAIL. Your must provide him with the following information, which $COMPANY_NAME can then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 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 the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 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. 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. External Links The Site may contain links to other sites. These linked sites are not under our control and you agree that we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We reserve the right to terminate any link or linking program at any time. $COMPANY_NAME provides these links to you only as a convenience and does not endorse companies or products to which we link. If you decide to access any of the third party sites linked to this Site, you do so at your own risk. Online Conduct By using our Site, you agree to be subject to all applicable local, state, federal and international law. You agree not to use this Site or any of the contents contained herein for any illegal purpose nor to transmit to or through this site any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or other objectionable material, or to interfere with, abuse, or otherwise violate the legal rights of any third party using the site (including by using any merchandise or the services offered on or in connection with the site). You specifically agree not to: i. Upload, post, email, or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable in our sole discretion; ii. Harm minors in anyway; iii. Disguise your identity from us, impersonate any person, entity, corporation, or government, or falsely state your association with said person or entity; iv. Disguise the origin of any content transmitted through our Site and/or Service; v. Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or any contractual or fiduciary relationships; vi. Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; vii. Upload, post, email, or otherwise transmit any material that contains software or other electronic viruses of any kind, or any computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecom equipment; viii. Act in any way that would negatively affect other users’ ability to engage in real time exchanges; ix. Interfere with or disrupt the Service, servers, or networks connected to the Service. Security You agree not to violate or attempt to violate the security of this Site including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning, or testing the vulnerability of any system or network related in any way to the Site or Service without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products or services; or (g) attempting to do any of the preceding. Disclaimer of Warranty and Limitation of Liability THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. $SITE_NAME_UPPERCASE IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, $SITE_NAME_UPPERCASE EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, $SITE_NAME_UPPERCASE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY $SITE_NAME_UPPERCASE NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER $SITE_NAME_UPPERCASE NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM $SITE_NAME_UPPERCASE OR THE SITE OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERURRUPTION IN SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO $SITE_NAME_UPPERCASE RECORDS OR THE SITE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law. Indemnity You agree to defend, indemnify and hold $COMPANY_NAME, including all of its parents, subsidiaries, affiliates, directors, officers, partners, owners and employees, harmless from and against any claims, liabilities, damages, losses, expenses and/or demands including, without limitation, reasonable attorneys’ fees and expert fees, that are made by any third party and arise out and/or causally relate to your misuse of the Service, any misuse of your account by any third party, the violation of any General Terms and/or Additional Terms by you and/or anyone else that you permit access, or the infringement by you of any third party’s proprietary rights through use of your account. Amendment of Terms We reserve the right to amend these Terms at our discretion at any time. Registered members will receive notification of any material changes to the Terms in the form of an email sent to the account provided to $SITE_NAME_UPPERCASE by the members in question. General If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. $COMPANY_NAME reserves the right to wholly, or in part, delegate its rights and obligations to any person or business entity. You may not delegate your rights or obligations to any person or business entity without the express consent of $COMPANY_NAME If $COMPANY_NAME fails or declines to enforce any right or provision in these Terms, it shall in no circumstance constitute a waiver of such right or provision unless acknowledged and agreed to by $COMPANY_NAME in writing. These Terms comprise the entire agreement between you and $COMPANY_NAME and supersede all prior or contemporaneous negotiations, discussions, or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site and/or Service is subject to the additional disclaimers and caveats that may appear throughout the Site. If you violate these Terms, $COMPANY_NAME reserves the right to terminate service to you without notice. Section II: Additional Terms In addition to the foregoing General Terms, you additionally agree to comply with and be bound by these Additional Terms, if and when you elect to register with our Service as provided herein: 2.1 Registration You must be 18 years of age or older to register with our Service. Minors may not submit content to the Service. You agree that all information provided to us at the time of your registration will be accurate, complete, and current. You also agree to ensure the accuracy, completeness, and currency of all information at all times. If you do not keep a current email address, we will be unable to communicate with you. 2.2 Password When you register, you will create a private password. You are responsible for protecting the password and you agree not to share it with any third party. You agree that you are solely responsible for all actions undertaken under your password, regardless of whether or not such actions received your authorization. You agree to notify $COMPANY_NAME immediately of any unauthorized use of your password. 2.3 Submitting Content You may post Content in the form of text on your profile page subject to your compliance with the Terms. You (the “Member”) may also submit Content in the form of digital representations of media (“Submissions”) to the Site, subject to the following conditions: 2.3.1 Term When the Member posts Submissions to the Site, the time frame over which the following conditions apply shall be known as the “Term”. The Term shall extend as long as the member retains the Submissions on the site or until either $COMPANY_NAME or the Member ends the Term in writing. 2.3.2 Ownership Member at all times retains all right, title and interest in and to the Submissions provided by Member hereunder (including, without limitation, the copyrights in and to the Submissions), subject to the non-exclusive rights in the licenses granted to $COMPANY_NAME under these Terms. The Member is free to grant similar rights to others during and after the Term. 2.3.3 License to Use Submissions (“Agreement”) When Submissions are uploaded to the $SITE_URL site, and during the Term, Member grants to $SITE_NAME a worldwide, royalty-free, non- exclusive license to: a) prepare and encode Submissions or any portion thereof for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented; b) display, copy, reproduce, exhibit, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Submissions, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented; c) modify, adapt, change or otherwise alter the Submissions and use the Submissions as described in Section 2.3.3(b); d) use any part of the Submissions in the promotion, advertising or marketing of the $SITE_NAME sites. e) As used in this Agreement, the term "Submissions" means any content uploaded to the $SITE_NAME Site which may include without limitation Member's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, visual materials, artwork, and other graphical, or textual materials and any and all "skins," computer-generated images or other artwork or images that Member submits to $COMPANY_NAME in any medium or format whatsoever. 2.3.4 Name and Likeness Member also grants to $SITE_NAME: a) a worldwide, royalty-free, non-exclusive license to use Member's name(s), photograph and/or likeness(es) and biographical materials in connection with the distribution, promotion, marketing and advertising of the Submission, and the $SITE_NAME Site as described hereunder, during the Term. b) Member also agrees not to assert against $COMPANY_NAME any privacy, publicity, moral or similar rights held by Member and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Submissions. Member also agrees that any persons other than Member appearing recognizably or otherwise in Submissions will not assert of any privacy, publicity, moral or similar rights) under the laws of the United States and any other country in connection with the exploitation of the materials as described in this Agreement; and, c) To the extent that the Submissions contain the name(s), photograph and/or likeness(es) and biographical materials of any other person, Member hereby grants to $COMPANY_NAME a worldwide, royalty-free, non- exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Submissions, as described in this Agreement, during the Term. 2.3.5 Limitation of Rights $COMPANY_NAME will not buy, license, re-sell or re-publish or commercially use any Submissions for any purpose not expressly stated in sections 2.3.3 and 2.3.4 of this Agreement. No additional consent is required for any other licensed uses under this Agreement of Submissions either as part of the $SITE_NAME Site or in connection with the distribution of content groups from the $SITE_NAME Site(s). 2.3.6 Representations and Warranties a) Member has the full right and power to enter into and perform this Agreement and to grant $COMPANY_NAME all rights to use the Submissions as contemplated in this Agreement, including, without limitation, the license grants in Sections 2.3.3, 2.3.4 and 2.3.5; b) Member has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Member to enter into and perform this Agreement and to grant $COMPANY_NAME the rights to use the Submissions as specified in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Submissions); c) Both the Member’s Submissions and $COMPANY_NAME’s employment of them under this Agreement do not, nor will they infringe any rights of any third party, including any trademark, copyright, patent, trade secret, or right of privacy of any third party; d) The Submissions shall not, nor will they, violate any statute, law, ordinance, or regulation; e) The Submissions do not, nor will they be defamatory, harmful to minors, libelous, obscene, pornographic, threatening, or in violation of any child pornography or child sexual exploitation laws; f) The Submissions do not, nor will they, contain any viruses or programming routines that may interfere with the computer systems or data of the Service, Site or of any third party. 2.3.8 Sales The Member may offer Submissions for sale at a price of his or her choosing through the Service. Sales are subject to the terms of the Sales Agreement in section 2.8 below. 2.3.9 $SITE_NAME Performance Member acknowledges that the Service may at some time experience interruptions due to technical problems or other errors and that $COMPANY_NAME will not be responsible to $SITE_NAME or others for any errors, interruptions of Service or outright discontinuation of Service. $SITE_NAME reserves the right to remove Submissions at any time for any reason. Copyright in Your Content $COMPANY_NAME makes no claims to the copyright of any Content submitted by Members. All rights to Content are reserved to the Member except for those laid out in section 2.3 above. Monitoring Content $COMPANY_NAME has no responsibility to nor means of monitoring your Content, and you agree that you are responsible for all Content that you upload. Content and Data Storage Policy $COMPANY_NAME provides free online storage for all uploaded data and Content. However, we reserve the right to limit the quantity or the duration that said data or Content will be retained by the Service. $COMPANY_NAME shall not bear any liability or responsibility for the deletion or failure of said Content. Suspension and Termination of Access You agree that $COMPANY_NAME may at any time and without notice suspend or terminate any portion of the Service or of your registered account if you fail to comply with these Terms. --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Lovd by Less" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/lovdbyless?hl=en Who loves ya baby? -~----------~----~----~----~------~----~------~--~---
