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They include topics such as acceptable use, restricted behavior and limitations of liability. This article will get you started with creating your own custom Terms and Conditions agreement. We've also put together a Sample Terms and Conditions Template that you can use to help you write your own.
They are a legally binding document and allow you to set your rules, within applicable law. For example, they may help you define how users can interact with your product or service, how your original content can be used, or the rules concerning the cancellation or suspension of a user's account.
A contract is an oral or written agreement between two or more persons to take or refrain from taking some action. A legally enforceable contract is one in which both (or all) parties to the contract provide something of value to the other party or parties in the agreement.
You can include pretty much whatever you want in your Terms and Conditions agreement. However, there are certain clauses that the courts won't enforce because they are considered to be "unfair" or "unconscionable." Some Terms and Conditions agreements contain an "exclusion of liability" clause.
Write your clauses clearly and in plain language. Limit them to one paragraph in length. Use a new clause for each unique point. Use any predefined terms, such as Site, in your clauses.
Every contract, whether simple or complex, is considered legally enforceable when it incorporates six essential elements: Offer, Acceptance, Awareness, Consideration, Capacity and Legality. It is critical that all six elements are present?just one missing element can make a contract invalid and unenforceable.
General terms and conditions are the rules that apply to an agreement. For example, when your customer buys a product or purchases a service from you.
What To Include In Your Terms and Conditions Introduction. Effective Date. Changes to the Agreement. User Guidelines and Acceptable Uses. Prohibited Behaviors and Activities. User Contributions Clause. Digital Millennium Copyright Act (DMCA) Notice and Policy. Intellectual Property Disclosure.