I do NOT have an LLC. I'm creating a website that allows users to submit their photos and artwork for voting. (no cost for memberships)
When a user signs up, they'll check a box saying they've read and agree with an "Acceptable Use Policy\TOS" which states that only original material to which they have the rights, and non pornographic material can be uploaded (of course explained in much more detail.. Essentially nothing illegal).
I know Copyright law (in the USA) has a safe harbor provision for content host, and I'll have a link on each image which allows people to report the image for copyright violation, or for any other abuse of the TOS.
Is this enough to keep me personally protected? One of my fears is that someone will upload an image that's either copyright or child pornography and that someone ELSE will successfully sue me for damages.
Is this a rational concern? And will an Acceptable Use Policy\TOS protect me (if properly written)?
(Note: I will eventually get an LLC, but I want to get this site published first until I have the funds to hire a lawyer.)