The transactions contemplated herein shall be governed in all respects by the laws of the Commonwealth of Virginia without regard to conflicts of law rules. The parties hereby confirm that the English language shall be the governing language of these terms and conditions.
To the extent there is a conflict between the terms and conditions of such License Agreement s and those set forth herein, the term or condition set forth in the License Agreement s shall govern in all cases. Nothing herein shall be construed to grant any rights or license to use any Product or other intellectual property in any manner or for any purpose not expressly permitted by the License Agreement. Buyer agrees to protect Confidential Information with the same confidentiality protections as are used, or should be used, for its own confidential information, and in any case, shall make the best commercial effort to protect such Confidential Information.
Buyer shall not reverse engineer any Products. If any provision of these terms and conditions is held by a court, government agency or other legal authority of competent jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not invalidate, void or render unenforceable any other portion of these terms and conditions.
Your terms of use document should start by explaining what the terms of use apply to e. In your terms of use, you should assert your rights over all intellectual property e.
Be sure to include a list of activities that are prohibited on your site or app. Common examples include:. You should also list actions you can take when a user violates this clause or any clause in your terms of use. Such actions could include suspension or deletion of user accounts, blocking access to certain features e.
This is crucial to protect your site from liabilities. Your terms of use policy is an ideal document to declare which state laws apply in the case of a legal dispute between you and your users.
This declaration, known as the choice of law or governing law clause, is necessary because your users may reside in a state or country other than the one in which your business is registered.
Software terms of use, also called an end-user license agreement EULA , are terms written specifically for a software product. Therefore, a key section in a EULA is the licensing information, which explains:. Similar to a software EULA, an app may include licensing information in its terms of use. If you run a forum or any service that requires user registration and hosts content written or shared by users i. Common examples include setting age restrictions and banning fake user profiles.
The terms of use of an application program interface API serve as an agreement between the API owner and the developer. Now that you have the terms of use template and know which clauses are essential for your site or app, fine-tune your terms by studying how industry giants such as Instagram and Craigslist write key sections in theirs. The user owns the content, but Instagram has a license to use the content in any way it deems fit:.
If you host user-generated content UGC , like Instagram does, you should consider adopting such a licensing policy. Sites that carry large amounts of content generated by users, such as Craigslist, run the risk of accidentally carrying harmful, fraudulent, or misleading content. If your website contains UGC, a disclaimer of liability is essential to keep you from getting sued, should the content be misleading. These clauses are good to adopt if you run a subscription service. Interestingly, Netflix has a clause that precludes class-action lawsuits:.
The company also waives responsibility for screening user-submitted content in comments and forums, while establishing its right to use and license any such material as it sees fit. If your site allows users to post content that is accessible to the public, you may wish to include a similar section in your terms.
Apple also conspicuously designates the governing law that will be used to arbitrate all disputes. The company decided to use the laws of the State of California to dictate arbitration, which is where Apple is located. For example, they specify different locations for governing law depending on which website is being used. They also provide different contact information for consumers. It may sound dramatic, but having one could mean the difference between the long-term success of your operation and financial ruin due to avoidable litigation.
To protect your business, simply download our free terms and conditions template and tailor it to suit your specific needs by referencing our writing terms and conditions guide.
Expand the component below to view our standard terms and conditions template in its entirety, or click the button to download the sample in Microsoft Word and PDF file formats. Terms and conditions, terms of use, and terms of service usually refer to the same legal agreement. If you use our terms and conditions template or our terms and conditions generator, you will be able to select the name you prefer for your legal document. What is a legally binding agreement? Legally binding agreements are contracts between two parties that outline specific rules or restrictions.
A legally binding agreement can be used in official legal proceedings. Both parties must accept the terms and conditions in the contract for the agreement to be legally binding. Business contracts, privacy policies, and terms and conditions are just a few examples of legally binding agreements.
What are Website Terms and Conditions? What is a Terms and Conditions Agreement? Creating the best terms and conditions page possible will protect your business from the following: Abusive users — Terms and conditions allow you to establish what constitutes appropriate activity on your site or app, so you can remove abusive users and content that violates your guidelines. Intellectual property theft — Asserting your claim to the creative assets of your site in your terms and conditions will prevent ownership disputes and copyright infringement.
Potential litigation — If a user lodges a legal complaint against your business, showing that they were presented with clear terms and conditions before they used your site will help you immensely in court. Terms and Conditions Generator. More resources: How much do terms and conditions cost?
How do I get terms and conditions for my business? How do I get terms and conditions for my website?
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