Website Disclaimer

INTRODUCTION

Website Disclaimer Policy

A ‘Website Disclaimer Policy’ is a legal notice on the website limiting the liability of website owner with regards to how he/she operates, whether the content is true and up to date or even for any damage that a person may suffer from the use of the website.

PROCESS

While the content largely depends on the type of website one owns, a few essentials are necessary:

1. First, one should identify what all rights one seeks to protect – for example it can help protect intellectual property and prevents its infringement in addition to protecting one from accusations that the work is copied/stolen.
2. Second, it is important to identify areas which can be exposed to liability and protect oneself from the same by having appropriate clauses in the policy. For example, to avoid defamation there could be a disclaimer that the content is mere opinion and professional websites could include clauses to say that content is not professional advice and so users who act on the information do so at their own risk. Moreover, if the business involves third parties then a disclaimer as to exclusion of any liability from their actions should also be given.
3. Finally, in order to ensure enforcement, it is necessary that the terms are fair and customers are aware of the disclaimer.

ADVANTAGES / FEATURES

1. It protects one’s right over the intellectual property.
2. It limits one’s liabilities.
3. It provides disclaimer liability arising from errors of a third party.
4. It also protects the organization or company as a whole.

DOCUMENTS REQUIRED

1. As provided above, while there is no particular document required, it would require a careful analysis of potential rights that one wants to protect as well potential liabilities that one wants to limit. These would largely depend on the type and content of a particular website and there is not straightjacket formula.

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