Release of Liability Clause

[Winterblues]

Hey all,

I'm new to this site, and web design in general. I apologize if this is in the wrong place mods. Please move if need be.

I just started a site where users post their stories on a certain subject, and I heard I need a good release of liability clause. I've been searching on google but am not sure what exactly I need to include in it, or how to write it. I joined this forum to obviously help me out as I continue this project, and any advice is greatly appreciated! I will of course keep researching it, but if anyone has experience with this I would love to hear from you. Thank you!

 

[chrishirst]

For what???


Release of Liability pertains mainly to selling motor vehicles, where the purchaser signs a document to indemnify the seller from any legal requirements regarding the ownership and use of the vehicle.

If you are using photographs of people taken in public places you need what are called "release forms", where the person in the images give you approval to use their image.

 

[Winterblues]

The content of the site comes from users who post their stories. I was talking to a friend who has an online business, and he said I would need the release of liability for what people say. There is also a photo and video section on the site. So, would I need release forms for those sections, and nothing for the main content (stories)? He basically said to put it in the terms and services page and have a check box that acts as an agreement in the sign up process.

 

[chrishirst]

Not really needed, because the people themselves place the content there they are giving taciturn permission for it to be used on that website's URLs. It is only if you then republish to a third party site would you need explicit permission from the originator.

As for indemnifying yourself from prosecution or being sued for libellous remarks, you need to have a content policy statement that goes something like.

"[wherever] does not control the content posted by members and the opinions and views expressed by members of [wherever] are their own and are not necessarily the views held by the owners and operators of [whatever]. Should you feel that you have been unfairly represented, please contact [whomever] with your reasons and request that it be removed or that your opinions or comments be shown alongside it."

 

[Winterblues]

Thanks a bunch Chris!

 

[Winterblues]

Will I also need a privacy policy if it's not republished to third parties?

 

[chrishirst]

Privacy policies deal with how you use the names and contact details of your members with regards to third parties.

 

[Winterblues]

Chris - Was just curious if you could take a quick look at the site and the terms of use and privacy policy statements I wrote? They aren't too long and the site isn't that complex