Private servers (Open tibia)

Someone claims that a proper disclaimer can stop you from being liable for other users being told to use the software in an illegal manner, is this true? He wrote this:

I originally posted this on OTFans but I thought I'd go ahead and bring it to this community. This will serve as both and explanation and as a tutorial for you to make your own OT Server completely legal. Enjoy it.

An OT Server, technically speaking, is an illegal use of CipSoft's Tibia Client. However, the server program that is being used to contact that Client (i.e. Neverland, YurOTs, etc.) is not illegal.

So how can the owner of the OT not be held responsible for any issues regarding the Tibia Client? Simple. All you have to do is write a nice disclaimer. In the case that you don't really know what to say, you can use the following:

Disclaimer
By connecting to <Insert company/server name here> server, you are agreeing that <Insert company/server name here> is not responsible for any damages done to your computer through use of any program you are using. You are also agreeing that you are to be held fully legally responsible for any use of any program used to connect to <Insert company/server name here> server. In the case that you are using the Tibia Client, created and copyrighted by CipSoft GmbH, <Insert company/server name here> is not responsible for any legal issues that may arise between CipSoft GmbH and yourself.

All you need to do is copy/paste either that Disclaimer or one that you write on your own that is somewhat similar to that into your website. Note: You must make the disclaimer very obvious/easily noticed for it to be strong enough evidence against your case in the case that CipSoft actually tried to start a legal issue with you. (A good place to put it would be before they get to the A.A.C.)

Alright, now that we have solved the issue of legalities with the use of CipSoft's client, we need to deal with the issue of the donation money that you are accepting from someone who is using a copyrighted client to illegally connect to your server. Just as we did before, we must write another disclaimer. A good disclaimer would be much like the following:

Disclaimer
By donating to <Insert company/server name here> server you are agreeing that the money you give is to be recognized as a donation or a gift, and not as a payment. <Insert company/server name here> is not liable to give anything in return, but there is always a possibility that as a "thank you" for your donation you could get a small reward in return of lesser value. Such rewards could consist of the following:

If you donated $10, <Insert company/server name here> may reward you with <Insert reward here>

If you donated $5, <Insert company/server name here> may reward you with <Insert reward here>

By placing the donation disclaimer on the same page as your "Donate" link, you are clearing yourself of legal issues. This disclaimer states that they are basically giving you a gift, which is completely legal, and you are saying that you "may" reward the individual that donates to you. That "may" is what saves you. It means you are not liable for returning, so they are not buying anything. Note: It may be a smart thing to mention later on somewhere outside of the disclaimer that you will give them their reward so people don't think you are scamming them.

Well that should just about cover it. Donations are completely legal if you go about getting them the proper way. If you want to use any of my Disclaimers on your own OT, you have full permission to do so.

My own little disclaimer:

Disclaimer
This tutorial/explanation is completely mine, so if you would like to post it anywhere else, please give the credit to "MZ990."

Thanks for the read and good luck with your OT,
~MZ990

EDIT: I FORGOT TO PUT THIS IN THE ORIGINAL VERSION OF MY POST, SO I AM GOING TO ADD IT JUST AS IT IS WRITTEN ON OTFANS.

Alright, I missed out on one big issue so I'm gonna add it down here.

Most OT owners like to place download links to the Tibia Client and an I.P. Changer, which is an illegal thing. But as with everything else in life, you can bypass this with those wonderful things that I like to call disclaimers. All you have to do is put the following disclaimer on the same page as your links to an I.P. Changer and CipSoft's Tibia Client.

Disclaimer
By choosing to download any programs via the <Insert company/server name here> website, you are agreeing that <Insert company/server name here> is in no way responsible for any legal issues or damages caused by using these programs. The Tibia Client is copyrighted by CipSoft GmbH and it is unlawful for you to use it to connect to any servers other than the servers supplied by CipSoft GmbH. Use these programs at your own risk.

So there we go, all you have to do is put that on your downloads page and voila, no more legal issues. That disclaimer is telling the person who downloads the programs that you are not responsible for any damages the programs cause to their computer and you are not responsible for their choosing to download the Tibia Client.

Thanks for the read, and if you can think of any other possible legalities, please post them and I'll see what I can do to handle them.

Good luck and have fun,
~MZ990
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Private servers (Open tibia)

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