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Can I copy Terms from another website? Are terms and conditions copyright protected?
Original Terms may be protected by copyright law, like books, music, and artwork. As a result, if you replicate someone else’s Terms without their permission, you may be breaching copyright law. You may, however, utilize an existing set of Terms as a starting point, then change and add your own sections to it. Be sure to review them carefully to make sure they are appropriate for your own platform.
. To inform users that the Terms of Service are legally binding whenever they visit the platform, even if they are only surfing browsing.
. The law shields neutral eCommerce service owners from liability for materials/transactions of the service users, if their function is just to provide a neutral platform for users to transact. The Neutral Venue clause states unequivocally that the owner is neutral and, as such, is entitled to liability protection.
. To disclaim any responsibility for the accuracy, timeliness, or completeness of information on the platform and to limit liability for damages resulting from its use.
. To limit your company’s maximum liability for any damages that may result from use of the platform (to fees received or some nominal amount).
. A set of rules that specify the permitted uses of your platform and content and prohibited uses of your platform and content.
. Include an arbitration clause stating that any dispute between you and a user that arises out of or in connection with the ToU or use of the platform will be finally settled by binding arbitration in [insert city], [insert state/province] pursuant to the rules of the American Arbitration Association.
. Include a class action waiver clause stating that any arbitration under the ToU will take place on an individual basis; class arbitrations and class actions are not permitted.
. Include your company’s contact information in the ToU so that users can easily get in touch with you if they have any questions or concerns about the ToU or the platform.