Thanks to Italy's actions with Google...
I just got back from my attorney's office and the following is what he is recommending I add to my Conditions of Use page for my website.
I recommend that you all schedule an appointment with your business attorney and have him review your Conditions of Use pages or even have him look this over to see if it applies to you and your individual cases.
You will note that it makes the poster completely and totally responsible for what is posted and that any fines or criminal actions become their responsibility and not yours. "and that you will indemnify DET Enterprises, its subsidiaries or its associates for all claims resulting from content you supply" It also removes the responsibility of removing objectionable content from you stating that you can do this but you are not obligated to do so. "DET Enterprises LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content."
I hope this helps in these crazy times when someone can spill hot coffee on them and sue the restaurant because it was hot, or a country can arbitrarily charge you with criminal activity and then have a trial without you being present to defend yourself.
I recommend that you all schedule an appointment with your business attorney and have him review your Conditions of Use pages or even have him look this over to see if it applies to you and your individual cases.
|
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DET Enterprises LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant DET Enterprises, its subsidiaries and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DET Enterprises, its subsidiaries, its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify DET Enterprises, its subsidiaries or its associates for all claims resulting from content you supply. DET Enterprises LLC has the right but not the obligation to monitor and edit or remove any activity or content. DET Enterprises LLC, its subsidiaries, its associates and partners takes no responsibility and assumes no liability for any content posted by you or any third party. |
I hope this helps in these crazy times when someone can spill hot coffee on them and sue the restaurant because it was hot, or a country can arbitrarily charge you with criminal activity and then have a trial without you being present to defend yourself.