Option 2: [The Site is intended for users who are at least 13 years of age.] 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. Terms and conditions are not required by law, but are extremely important to the long-term success and viability of your website. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. However, users don't have to agree to them when they're solely placed in the footer. We have no obligation to monitor your Contributions. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. The company decided to use the laws of the State of California to dictate arbitration, which is where Apple is located. You can do this at sign up or check out, or anywhere else that makes sense. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; 6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof. Basically, this would provide enough information about the content of the website and how users and customers are supposed to use it. However, it leaves your business open to copyright infringement and potentially abusive content. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. If you target users in the EU, the GDPR affects you and threatens crippling fines for noncompliance. 1.4 “Agreement” means the entire contractual relationship between the Parties, including these standard terms and conditions. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon. How do I get terms and conditions for my business? Use of this site is subject to our Terms of Use. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. use the Site in a manner inconsistent with any applicable laws or regulations. Please note that legal information, including legal templates and legal policies, is not legal advice. If you run a business and it has a website, then it's a good idea to have a Terms and Conditions agreement (T&C) and display it online. Benefits of Having a Terms and Conditions Agreement, Clauses For Your Terms and Conditions Agreement, How to Display Your Terms and Conditions Agreement, How to Get Agreement For Your Terms and Conditions, 5 Key Legal Agreements Your Business Needs, Terms and Conditions for E-commerce Stores, Privacy Policies versus Terms and Conditions, Free Terms and Conditions Sample Template, Free GDPR Data Processing Sample Template. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. We care about data privacy and security. Copyright © 2008 - 2021 FreePrivacyPolicy.com. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. They will know what's expected of them an… If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). See our CCPA vs GDPR infographic to understand the differences between these two laws. Terms & Conditions Example Preview. It must be a separate document, but you can include a link in this section of your terms and conditions. If you have time, a share would mean a lot to us — don’t forget to @Termly_io and use the hashtag #Termly! Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. This section specifies that you will remove any material that infringes users’ copyright according to the Digital Millennium Copyright Act. The third paragraph defines restrictions of use. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. You may see Terms and Conditions agreements referred to as Terms of Service (ToS) or Terms of Use (ToU). Do I need terms and conditions on my website? If users are able to create an account for your website or app, it's good practice to include your Terms and Conditions at the point of sign up. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Mastercard's Terms of Use contains an intellectual property rights clause which makes it clear what the company owns and what cannot be done with its materials. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. https://www.freeprivacypolicy.com/blog/sample-terms-conditions-template Many websites offer a checkbox that says 'I agree' with a link to their Terms and Conditions next to it. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. https://www.websitepolicies.com/blog/sample-terms-conditions-template All Notifications should meet the requirements of DMCA 17 U.S.C. Obtain consent & manage cookie preferences, Scan your website for GDPR and CCPA compliance, Informational articles on privacy law compliance & best practices, Frequently asked questions and answers about data privacy and regulations, [, or if a minor, you have received parental permission to use the Site], [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.