Can Some Please Review My Web Site Disclaimer? - geek/talk: Signature-free discourse for serious web publishers

willsii · 01-16-2001, 01:44 AM

Can someone please review my disclaimer and tell me if its ok, or if I need to change it in any way.
Url- http://www.angelfire.com/geek/affiliate4u/legal.htm

Thanks!! http://geekvillage.com/ubb/smile.gif

------------------
Affiliate-4-you.com

Ted S · 01-16-2001, 10:35 AM

If I was to write my thoughts like you wrote your tos, it would come out something like "I think this tos needs some work, let me know if you agree". http://geekvillage.com/ubb/wink.gif

Basically, your tos fails on a few major key points. First and most foremost, it hardly acts as a disclaimer. A good tos about affiliate programs should say things including "the content on this site is determined by user input. Reviews and opinions are those of individual members and not necessarily representative of this site's opinion." Of course if you are making your own reviews and not using user input, this won't work but the idea remains.

Your tos also lacks power. If I was a decent sized Affiliate Company being badmouthed by your site and I saw that tos I'd probably be MORE likely to sue you than if you had no tos. Near the end you flat out ask people how disagree to tell you to stop. A good review site is just that, a review. You are allowed to say what you believe and the experiences they have had. If however your tos is written with no strength, the first person or company to disagree will have you changing your reviews and becoming their pawn.

Try reading some other site's legal disclaimers. Review the disclaimers of affiliate programs and major companies. And then, without taking any of their actual language formulates ideas about what you want your tos to say. Remember, your tos speaks for your entire site, it's validity, it's power and its professionalism. Having a tos of a few sentences that was clearly written in haste will not do well in the end where as one written with time, effort and thought may actually do you some good http://geekvillage.com/ubb/smile.gif

------------------
Ted Sindzinski
Extreme Factor Scuba & Extreme Sporting
Image Harbor Free Image Galleries

Questy · 01-16-2001, 12:11 PM

Ted has brought up some very good points.

RE: >> Your tos also lacks power. If I was a decent sized Affiliate Company being badmouthed by your site and I saw that tos I'd probably be MORE likely to sue you than if you had no tos.

There's an old proverb that goes something like this... "it is better to be quiet and have someone think you are foolish, than to open your mouth, and remove all doubt."

Overall it sounds like an apology letter.

In legal matters, which this is, a poorly worded disclaimer or contract can do more to hurt you than to help you.

While I could critique you on general business writing, this goes deeper than just general business writing. I would do a bit of research before I said anything. Check out many sites similar yours to see what they have to say. Search out some legal sites on the net for pro's and con's of online disclaimers.

willsii · 01-16-2001, 09:08 PM

I have changed my disclaimer-
http://www.angelfire.com/geek/affiliate4u/legal.htm

thanks!

Ted S · 01-16-2001, 11:12 PM

Much Much Much better

BUT you still talk about errors or typos as if it's just hitting the wrong key. That leaves out the possibility of user opinion, individual experience, etc...

Still, you're getting real close. Remember, tehre's nothing wrong with a 2 page tos.

01-16-2001, 01:44 AM	#1
willsii Registered User Join Date: Dec 2000 Location: Perth, Australia Posts: 57	Can Some Please Review My Web Site Disclaimer? Can someone please review my disclaimer and tell me if its ok, or if I need to change it in any way. Url- http://www.angelfire.com/geek/affiliate4u/legal.htm Thanks!! http://geekvillage.com/ubb/smile.gif ------------------ Affiliate-4-you.com

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01-16-2001, 10:35 AM	#2
Ted S Registered User Join Date: Sep 1999 Location: Irvine, California Posts: 667	If I was to write my thoughts like you wrote your tos, it would come out something like "I think this tos needs some work, let me know if you agree". http://geekvillage.com/ubb/wink.gif Basically, your tos fails on a few major key points. First and most foremost, it hardly acts as a disclaimer. A good tos about affiliate programs should say things including "the content on this site is determined by user input. Reviews and opinions are those of individual members and not necessarily representative of this site's opinion." Of course if you are making your own reviews and not using user input, this won't work but the idea remains. Your tos also lacks power. If I was a decent sized Affiliate Company being badmouthed by your site and I saw that tos I'd probably be MORE likely to sue you than if you had no tos. Near the end you flat out ask people how disagree to tell you to stop. A good review site is just that, a review. You are allowed to say what you believe and the experiences they have had. If however your tos is written with no strength, the first person or company to disagree will have you changing your reviews and becoming their pawn. Try reading some other site's legal disclaimers. Review the disclaimers of affiliate programs and major companies. And then, without taking any of their actual language formulates ideas about what you want your tos to say. Remember, your tos speaks for your entire site, it's validity, it's power and its professionalism. Having a tos of a few sentences that was clearly written in haste will not do well in the end where as one written with time, effort and thought may actually do you some good http://geekvillage.com/ubb/smile.gif ------------------ Ted Sindzinski Extreme Factor Scuba & Extreme Sporting Image Harbor Free Image Galleries

01-16-2001, 12:11 PM	#3
Questy Registered User Join Date: Jan 1999 Location: Slower Lower Delaware, USA Posts: 868	Ted has brought up some very good points. RE: >> Your tos also lacks power. If I was a decent sized Affiliate Company being badmouthed by your site and I saw that tos I'd probably be MORE likely to sue you than if you had no tos. There's an old proverb that goes something like this... "it is better to be quiet and have someone think you are foolish, than to open your mouth, and remove all doubt." Overall it sounds like an apology letter. In legal matters, which this is, a poorly worded disclaimer or contract can do more to hurt you than to help you. While I could critique you on general business writing, this goes deeper than just general business writing. I would do a bit of research before I said anything. Check out many sites similar yours to see what they have to say. Search out some legal sites on the net for pro's and con's of online disclaimers.

01-16-2001, 09:08 PM	#4
willsii Registered User Join Date: Dec 2000 Location: Perth, Australia Posts: 57	I have changed my disclaimer- http://www.angelfire.com/geek/affiliate4u/legal.htm thanks!

01-16-2001, 11:12 PM	#5
Ted S Registered User Join Date: Sep 1999 Location: Irvine, California Posts: 667	Much Much Much better BUT you still talk about errors or typos as if it's just hitting the wrong key. That leaves out the possibility of user opinion, individual experience, etc... Still, you're getting real close. Remember, tehre's nothing wrong with a 2 page tos.