Lets say I have a website that tells people how to get away with robbery. It has movies, pictures, documents, tips, techniques, and others. It has everything someone would need to get away with a robbery. Months later, someone gets caught during a robbery, shoots a police officer dead trying to get away, and tells the police he followed the instructions on my site and when things didn't go as planned he panic'd and killed the cop. The robbers mother OR the wife, brother, son, daughter or whoever of the cop try to take legal action against me. I have a disclaimer AND terms of service agreement on my site that users HAVE TO CLICK before viewing my content EVERYTIME they view it (Unless bookmarked). The disclaimer clearly states I am not responsible for anything anyone does with the content of the site and that they are responsible, on and on and on. Questions: 1) Is a disclaimer as easy as creating a writing that states who is responsible and who is not, the rules, regulations, yaddayaddayadda and then putting it on the site and requiring it to be clicked before entering or viewing the content? (I searched google, no answers. I do know that a lot of webmasters do it like that, but I was wondering if those disclaimers are actually legal protection or just a bluff...) 2) Does a Terms of Service cost money or can I just write one out? 3) What else could someone do to protect a site like that?
Before I took a chance, I would definately contact an attorney. Also, keep in mind that the laws vary from state to state, so if it's okay in one state it may not be in another or country. Everyone accesses the internet.
You will need/want to discuss all the specifics with an attorney(s) before putting this into action. Get a good ToS but also remember that a website ToS won't always stand up in court in all circumstances. Plus, you'd get sued like crazy no matter what your site says, so even if you can win a case, consider the hassles you'll face. As for question 3, setup the site in a foreign country, kind of like how The Pirate Bay operates.
I think what I should of asked is this: Does a disclaimer have to be put into legal documentation OR can it just be put in writing and posted on the site as a warning. Again, I know a lot of sites just write out or copy a disclaimer, slap it on the site, and that is all. I'm wondering if that makes it a valid disclaimer?? (I'm sure someone here knows the answer.) Please PM me if you know the answer. Th anks.
ee.. What kind of a black hearted %$#@@%$soul would create such a site? Anyway.. consult a lawyer. personally I would set anyone who creates such a site on Fire