Contributions may be viewable by other users of the Site and through third-party websites. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. You may be required to register with the Site. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). if you do not agree to be bound by these terms of use, do not access or use … This is how the Terms of Use of Parklet is structured: This is an example of a clause in the agreement from Parklet: The link where you can find Terms of Use of coUrbanize is: http://courbanize.com/help/#terms. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We respect the intellectual property rights of others. (3) you have the legal capacity and you agree to comply with these Terms of Use; (5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site]; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; (8) your use of the Site will not violate any applicable law or regulation. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. This is how the Terms of Use of Algolia is structured: This is an example of a clause in the agreement from Algolia: The link where you can find Terms of Use of Ongig is: http://www.ongig.com/terms_of_service. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]. When you create or make available any Contributions, you thereby represent and warrant that: Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. Your accessing and using the site affirms that you have read and accepted the Terms of Use. You need to include a disclaimer stating that users access and use the site/app at their own risk. Thanks for downloading our free template! D. Online Access to Financial Institutions, Wave Pros and Other Services. From a legal perspective, terms of use and terms of service are the same. When drafting terms of use content, your goal should be to make it as comprehensive as possible. Every minute without a terms of use policy puts your business at increasing risk of lawsuits that you may lose. On this page, your visitors can quickly learn the rules for using the website. ], DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY. These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. It’s up to you to decide what name you assign to your terms document. These clauses are good to adopt if you run a subscription service. Please be advised the Site is hosted in the United States. Option 1: The Site is intended for users who are at least 18 years old. https://www.websitepolicies.com/blog/sample-terms-conditions-template This is how the Terms of Use of Skilljar is structured: This is an example of a clause in the agreement from Skilljar: The link where you can find Terms of Use of Vidcaster is: http://www.vidcaster.com/terms-of-service, It has over 4224 words. 3.2 After the expiration of the Evaluation Period. Although terms of use are legal and enforceable documents, almost nobody reads them. This agreement covers several crucial aspects of your site’s relationship with the user, such as the ownership of all content on your property, and the rules that users need to follow. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. This is how the Terms of Use of POPAPP is structured: This is an example of a clause in the agreement from POPAPP: The link where you can find Terms of Use of Crystal is: https://www.crystalknows.com/tos, It has over 2693 words. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. We may provide you areas on the Site to leave reviews or ratings. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Crystal. Before we look at what to include in your Terms of Use agreement, let's answer some common questions about what this agreement is and how it can help you. [Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. And are terms of use enforceable? Compliance With All Laws and Regulations. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. With our terms of use generator or our template, creating a terms agreement costs you zero dollars and a few minutes. This is how the Terms of Use of SchoolMint is structured: This is an example of a clause in the agreement from SchoolMint: The link where you can find Terms of Use of Import2 is: http://www.import2.com/terms_of_service, It has over 4714 words. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. That’s likely because terms are filled with legal jargon, making them uninteresting to most readers. RESERVATION OF RIGHTS; COPYRIGHT AND TRADEMARK. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. delete the copyright or other proprietary rights notice from any Content. This is how the Terms of Use of Weaved is structured: This is an example of a clause in the agreement from Weaved: The link where you can find Terms of Use of Wave Accounting is: https://my.waveapps.com/terms/. The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. You may not access or use the Site for any purpose other than that for which we make the Site available. Unlike a Privacy Policy, you aren't legally required to have a Terms and Conditions agreement. Moreover, what’s the difference between terms of use and terms of service? THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. Essentially, if the visitor continues to use the website after accepting the Terms, they enter into a contract with you. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Examples.com focuses on general information which is available to us through the internet. Terms and Conditions: The terms and conditions that users see and must either accept or reject. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (6) your physical or electronic signature.
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