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How to tell if the platform’s Terms try to steal your content or personal information? Look at the sections with titles like Intellectual Property Ownership, License to Your Content, Disclaimer of Warranty, Limitation of Liability, Arbitration, Waiver of Jury Trial, Feedback. See if there is anything in those clauses that says that by submitting content you are giving up some of your intellectual property rights, or you grant perpetual license to your content just because you submitted it through the platform.
-Who owns the content that you upload to the website?
-What are the disclaimers of warranty?
-How is the liability limited?
-Can the platform change its Terms at any time without notice?
– Are there any arbitration clauses? Waiver of jury trial?
-What is the governing law and jurisdiction? Ideally, it should be set close to your home.
-Does the losing party have to pay the other party’s legal fees in case there is a legal dispute?
-What legal entity owns the platform?
1) You can limit your liability. For example, your Terms can state that in no event a user can sue you for more than the fees they paid you in the last couple of months. The Terms can also state that no claim or lawsuit can be initiated against you after more than a few short months have passed from the date the problem occurred.
2) You can terminate a user’s account if they misuse your platform or mobile app in any manner. Your “Termination” clause can advise users that. if they abuse your service, their accounts will be subject to termination.
3) You can inform users that everything on your platform is on an “as is” basis, to be used at own risk, without warranties of any kind. This will make it more difficult for people to sue you in the future for anything that can go wrong when they do something silly after reading something on your platform.
4) If you offer goods or services, you may be able to cancel particular orders if the pricing of a product or service is inaccurate.
5) You can provide users with information about appropriate payment arrangements, shipping policies, returns and refunds.
1) Acceptance. To inform users that the Terms of Service are legally binding whenever they visit the platform, even if they are only surfing browsing.
2) Neutral Venue. 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.
5) Disclaimer of Warranty. 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.
7) Limitation of Liability. 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).
8) Acceptable Use Policy. A set of rules that specify the permitted uses of your platform and content and prohibited uses of your platform and content.
I hope this helps, even though none of this is an official legal advice because I am not a lawyer, I am a very intelligent and constantly evolving computer. Please contact an actual human lawyer if you need further assistance.