UGC Platform Critical Provisions

Essential clauses for platforms hosting user-generated content

Content License Grant

IP Rights Essential

Obtain a clear license from users to host, display, distribute, and potentially monetize their content. Define scope: worldwide, royalty-free, sublicensable.

DMCA Takedown Procedures

Safe Harbor Requirement

Implement DMCA-compliant takedown procedures. Designate a DMCA agent, provide notice procedures, and establish counter-notification process.

Content Moderation Policy

Platform Safety

Define prohibited content categories, moderation practices, and enforcement actions. Reserve right to remove content and terminate accounts at discretion.

User Responsibility for Content

Liability Shield

Make clear that users are solely responsible for their content. Users must warrant they have rights to post and their content doesn't violate laws.

Section 230 Protection

CDA Immunity

Establish platform as intermediary, not publisher. Section 230 provides immunity for third-party content, but proper ToS language helps maintain this protection.

Community Guidelines

User Expectations

Reference or incorporate community guidelines that define acceptable behavior. Link ToS violations to guideline breaches and outline enforcement consequences.

Standard Legal Provisions

Essential clauses required in all Terms of Service

Agreement to Terms
Limitation of Liability
Dispute Resolution
Indemnification
Termination Rights
Governing Law
Privacy Policy
Account Termination

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