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 Post subject: lawyers
PostPosted: Wed Dec 24, 2008 3:00 pm 
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Joined: Tue Apr 18, 2006 2:09 pm
Posts: 1649
Location: Regina, Saskatchewan, Canada
I just read the new rules and like the fact that they concentrate on community rather then indemnity. One thing about the last section which was to indemnify Envirolink that I think is missing is to say that nobody can sue for the use of the information or links found here, usually worded as suitability of use. Of course being a free service, that is not a likely possibility but there is still the chance... like rat lovers suing for emotional damage from seeing the dead rat pictures that were recently complained about (just to make a relavent example, I had no problems with the photos myself in spite of my love of rats). When lawyers get on a case to defend someone like maybe a child-porn site, they may drag other website owners into the fray to try to make their client look better by making other site owners look bad so you want to make sure links and content found here are used at the users own risk.


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 Post subject: Re: lawyers
PostPosted: Wed Dec 24, 2008 9:55 pm 
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Joined: Tue Jun 24, 2003 11:53 am
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Location: Pittsburgh, PA USA
Ann-

Thanks for the suggestion. Do you have any sample language you think we should be looking at?

-josh


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 Post subject: Re: lawyers
PostPosted: Thu Jan 08, 2009 4:01 pm 
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Joined: Tue Apr 18, 2006 2:09 pm
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Location: Regina, Saskatchewan, Canada
here are some quotes from other forums:

"You will not hold the forum owners responsible for any material transmitted through the site by other users" (this identical wording found on most)

or this "over the top" one
Quote:
Use of the ___ site, and any information obtained from the service or links to it, is entirely at the users risk. The ___ does not warrant, and hereby disclaims any warranties, either express or implied, including but not limited to warranties or accuracy, completeness, noninfringement, merchantability or fitness for a particular purpose of any information, products or services obtained from the service or a link to it. The ___ does not warrant that the service will operate in an uninterrupted or error-free manner or that the service is free of viruses or other harmful components.

You agree that neither the ___, nor its agents, affiliates, licensees, or third party content or service providers, will be liable to you for any loss or damages, either actual or consequential, including personal injury or death, arising out of or relating to these terms, your (or any third party's) use or inability to use the service, or to your placement of content on the service, or to your reliance upon information obtained from or through the service. In particular, neither the ___, nor its agents, affiliates, licensees or third party content or service providers, will have liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable (including, but not limited to claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these terms, your use or inability to use the service, or to your placement of content on the service, or to your reliance upon information obtained from or through the service, whether based in contract, tort, statutory or other law
I would suggest something like this (I wrote it on the spot)
Quote:
You will not hold this forum, this forum's owners or any affiliates in any way responsible for the information found in this forum or any information found in any of the internet links found on this forum including (but not limited to) any issues involving accuracy, availability, safety from malicious programming, defamation, suitability of use, copyright infringement, and emotional damage.


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