TOU help

[sevvlor]

This is probably not the best forum to ask this kind of help but I'll give it a shot!

I have a Terms of Use on my website but I'd like to know how fool proof it really is!
I wrote it my self and I'm not entirely sure I did the right thing.

http://www.industrialgaming.net/tou.html

[jacek]

Well it's very long, so you probably covered everything I'm terrible at this kind of thin but there is plenty of help online and even some templates you can copy bits from.

[Helx]

You may want to include something of a 'license'

Permission is granted to temporarily download one copy of the materials (information or software) on IndustrialGaming'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:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on IndustrialGaming's web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by IndustrialGaming 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.

You may want to replace the disclaimer with something like this:

The materials on IndustrialGaming's web site are provided "as is". IndustrialGaming 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, IndustrialGaming 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.

Revisions and Errata (there wasn't enough info):

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

Links (you didn't have too much covering this):

IndustrialGaming 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 IndustrialGaming of the site. Use of any such linked web site is at the user's own risk.

Governing Law (VERY important):

Any claim relating to IndustrialGaming's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Note that New York has quite strict rules about the internet, but its important you use your state/country (assuming it has the same laws).

And yes, this is from my website. I just replaced "StratusCraft.net" with "IndustrialGaming"

If you would like to see how I have setup my TOU, its here: http://stratuscraft.net/?act=terms (looks a little sad at the moment, I may give it a facelift )

[sevvlor]

Thanks, that helped out tremendously. I'll use the things you've said in my next update for the TOU.

I'll add the governing law right away because it is not in there.

It is supposed to be Dutch, aka the Netherlands, I believe the Netherlands has even more strict/retarded rules about the internet.



But that's a Dutch thing, make a rule about just everything including the obnoxious tracking-cookie rule which is cryptic as F...