This sample form, a detailed Web Site Use Agreement document, is adaptable for use the internet industry. Tailor to fit your circumstances. In the context of Internet sales, disclaimers of warranties should be plainly visible to customers before they make a purchase. Courts may find that the disclaimer of a warranty is conspicuous even if contained within the site and not discovered before a user agrees to a sale from the site.
Many Internet users are concerned that personal identifying information will be sold to entities that market their products through the Internet. A privacy statement gives assurance that information gathered will not be distributed.
Privacy statements and disclosures also allow those who visit a Website to assess how private information will be collected and used. Accordingly, the visitor can make an informed decision on whether or not to interface with the Website. The following form is a sample of such a privacy statement.
New York Website Subscription User Agreement — Terms of Use for a Website that Invites Posts and is not Primarily Engaged in the Sales of Products or Services I. Introduction Welcome to our website! This New York Website Subscription User Agreement — Terms of Use (hereinafter referred to as "Agreement") governs your use of our website subscription service, which invites users to post and share content. Please read this Agreement carefully before using our service. By accessing or using our website, you agree to be bound by this Agreement. II. User Agreement 1. Eligibility To use our website, you must be at least 18 years old and capable of entering into a legally binding agreement. If you are accessing our website on behalf of a company or organization, you represent and warrant that you have the authority to bind them to this Agreement. 2. User Responsibilities a. Account Registration: You may be required to create an account to access certain features. You agree to provide accurate and complete information during the registration process and to keep your account credentials confidential. b. User Conduct: You agree to use this website in compliance with all applicable laws and regulations. You will not post or share any content that is illegal, misleading, defamatory, infringing, or violates the rights of others. c. Moderation: The website may be moderated to ensure compliance with our Content Policies and prevent abuse. We reserve the right to remove or restrict any content that violates these policies. III. Intellectual Property Rights 1. Ownership All content posted on the website, including text, images, videos, graphics, and user-generated content, are protected by intellectual property laws. You retain ownership of your content, but, by posting it on our website, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, modify, adapt, publish, translate, distribute, perform, and display your content. 2. Copyright Infringement We respect intellectual property rights. If you believe that your copyrighted material has been infringed upon, please follow our designated procedure for reporting copyright infringement. IV. Limitation of Liability 1. Disclaimer The website is provided on an "as is" and "as available" basis. We do not guarantee the accuracy, timeliness, completeness, reliability, or availability of the website or its content. Your use of the website is at your own risk. 2. Indemnity You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the website, including any content you post or share. V. Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in New York. Types of New York Website Subscription User Agreement — Terms of Use for a Website that Invites Posts and is not Primarily Engaged in the Sales of Products or Services: 1. Standard User Agreement: This agreement outlines the general terms and conditions that all users must abide by when using the website's subscription service. It covers eligibility, user responsibilities, ownership of content, and limitation of liability. 2. Content Policies Addendum: Some websites may include an additional policy document outlining specific content guidelines and prohibited activities. This addendum ensures that users understand the website's standards and provides guidance on appropriate behavior. 3. Privacy Policy: To protect user data and comply with privacy laws, websites may include a separate privacy policy that explains how user information is collected, used, and protected. This policy informs users about data collection practices, cookies, and their rights regarding their personal information. 4. Copyright Infringement Policy: Websites that allow users to post and share content may include a specific policy addressing copyright infringement. This policy outlines the procedure for reporting copyright violations and the actions the website will take to address such claims. These are just some examples of the different types of New York Website Subscription User Agreement — Terms of Use documents that may exist, depending on the specific requirements and features of the website.
