Legal Question in Technology Law in California

A couple of things you might consider are having an attorney write a good agreement and disclaimer (instead of just copying one from another website that doesnt apply to you) and forming a separate entity, and maybe getting business insurance. Let me know if you want help.

Best,

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

Hire an attorney to help you. Don't just copy another site's terms of service and privacy policy. If you're sick, you go to a doctor, right? You don't just take your friend's medicine and hope for the best.

Consider getting some insurance to cover potential liability, and make sure that the advertisers on the site have to do a click-through agreement for EACH ad. The agreement should provide for various warranties and an indemnity.

Your post contains a number of very good questions that are too lengthy and complicated to respond to adequately in this forum. I have experience in these areas and would be pleased to speak with you further. What risk reduction strategies we might consider would be based on specifics about your website design. By way of example, you may want to consider a clause in your user agreement that permits you sole discretion to block abusers or remove postings. Additionally, you may want some language indicating that you do not take responsibility for the content of posts or links going to third party sites.

(1) This post is intended only concerning California legal matters. We are licensed in the State of California. Laws in other states may vary in a substantial manner from laws within California. (2) Nothing in this post is intended to create an attorney-client relationship. The Law Offices of Cathy Cowin specifically requires a conflict check and written letter of engagement before an attorney-client relationship is formed. (3) Nothing in this response is intended to constitute legal advice. Materials posted are for general education only and are not guaranteed for updating accuracy or applicability to your facts and circumstances. For specific legal advice, please make an appointment.

A terms or service agreement and disclaimer should be drafted for your particular site for a reasonable fee. Contact me directly.