Questions tagged [disclaimers]
Terms that disclaim (i.e., renounce) liability. See also tag terms-of-service
49
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How to put a disclaimer about IP in an open source fangame? [closed]
I am creating a fangame. Specifically a game where you can open weapon cases from Counter-Strike: Global Offensive for free and collect or trade skins that you obtain. The entire game source is my own ...
26
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7
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10k
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Peanut butter - may contain peanuts
Some products have disclaimers that serve no apparent purpose or which are obviously redundant. For example, a peanut butter jar that lists the ingredients as peanuts, and then provides a warning ...
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1
answer
110
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Are an AI's claims on behalf of a company enforceable?
TLDR: If an AI system on behalf of a company makes a claim, is the company compelled to abide by that claim?
Background:
I was hoping to sign up for an account with a leading AI company in order to ...
4
votes
1
answer
386
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Does it actually do anything legally to state "this is not financial advice" after giving financial advice?
When people talk about investing online they often say "this is not financial advice" after giving financial advice. Sometimes they use it as a twitter bio in an attempt to immunize ...
0
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1
answer
153
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On the disclaimer about everything in a work being fictional
Sorry if I am putting this under the wrong tabs.
But I am writing a game and am concerned about inclusion of the statement that "This is a work of fiction. Names, characters, places and incidents ...
2
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1
answer
108
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Why do some companies explicitly assign a very low cash value to promotions?
I came across this small print for the opening days promotion on the Tim Hortons UK website:
Specifically, both offers contain the following disclaimers in the small print:
Cash value £0.0001p. Not ...
2
votes
1
answer
85
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How to protect your idea/application to be stolen by investors?
Think person A has a great software business idea. He also knows software programming and converts his idea to a mobile application. Then he needs to raise some money to launch the application, do ...
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2
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110
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Is a disclaimer of liability on a web page sufficient?
Cycling with a group is even more enjoyable than solitary cycling—most of the time anyway.
But those who were tempted to organize murmur that organizing a biking trip presents an inherent risk. If/...
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1
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66
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Storing data from stock data feed provider like Yahoo! Finance or FMP Cloud
Suppose a developer creates a web application for stock market alerts and notifications. Is it legal to store data obtained from purchased subscription of data feed providers like Yahoo! Finance or ...
0
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1
answer
62
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Is there some kind of universal Terms of Service and Privacy policy to disclaim any kind of liability while testing startup ideas? [closed]
I've seen this kind of disclamer a lot:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, ...
13
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4
answers
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What effect does bad English have on warnings / disclaimers?
I've come across more than one case of ill-phrased 'legalese' and often wondered where the line is with respect to enforcibalilty etc. For example, a McDonalds promotion which disclaimed: "Offer ...
3
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What is the point of the disclaimer in Narcos?
Each episode of Narcos opens with a disclaimer that "Any similarity to name, character, history of any person is entirely coincidental and unintentional". Why do they have this disclaimer, ...
0
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2
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I want to provide a online service/app to the world which might not legal in all countries/jurisdictions but mine. What next?
If i provide an online service/app to the world which is legal in my country/jurisdiction but might not be legal in other locations, what i have to do or what might happen to me?
I mean every ...
1
vote
1
answer
206
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Am i responsible for fees from FedEx i was not made aware of and did not agree to pay?
last month I ordered a computer from an American company that shipped it through FedEx. I paid for shipping when I purchased the computer and if I remember right I also paid a small import tax when ...
3
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1
answer
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Are the abbreviations "IANAL" and "TINLA" legally valid substitutes for their full forms?
tl;dr:
I've often seen the disclaimer "I am not a lawyer" abbreviated as "IANAL".
And I've often seen the disclaimer "this is not legal advice" abbreviated as "TINLA".
Is it legally just as ...
3
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1
answer
257
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Why don’t video game consoles have seizure warnings anymore?
On the Wii, every time you’d start it up there would be a big screen with white text on black saying that it can cause seizures in a small group of people. I’ve heard that the PlayStation 3 also has ...
0
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1
answer
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Can licenses and disclaimers be summarized?
Software licenses try to avoid ambiguity, which results in them being rather lengthy and hard to read. Would I be okay with flippantly summarizing the gist or spirit of a license in another place (...
2
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3
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381
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Difference between information and opinion?
I saw this disclaimer.
This article provides information, rather than advice or opinion.
I could understand that "advice" aka legal advice may be scary since that could lead to liability for ...
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1
answer
93
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Is there a boilerplate text to avoid legal liability for the content of a book?
I am self-publishing a book on CreateSpace. The appendix contains some forms that readers are welcome to print out and use in their workplace. Although I don't offer any recommendation or description ...
35
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6
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What is the purpose of a disclaimer like "this is not legal advice"?
If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"?
For the purposes of this question, I ...
25
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2
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In fiction, is it legal to state a newspaper wrote an article when in fact it never did?
I'm writing a novel. I have a line in my book that goes something like this:
He looked at the newspaper on the table. The Chicago Tribune featured an article that read, "Hank Reed sentenced to 20 ...
0
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2
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46
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In a disclaimer of liability, does the order of sentences matter?
Supposing that a "disclaimer of liability" is phrased in such a way that the meanings of sentences are independent of each other - would the order of presentation of the sentences have any impact on ...
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3
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356
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Is a software developer responsible for source code they give away for a tutorial
If a software developer produces a YouTube video covering a programming subject as a tutorial and gives the code away at the end are they responsible for what someone does with the code? For example, ...
2
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3
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3k
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Is a disclaimer for a medical product enough to protect the company against prosecution for fraud?
I keep seeing adds for garbage products that directly claim medical benefits to using their product, then at the bottom of the site will have a disclaimer stating that their product "is not intended ...
6
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2
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What is the purpose of including the statement "All trademarks are property of their respective owners"?
I see this phrase everywhere. Isn't it a pointless statement? Is it not equivalent to "Trademarks are owned by their owners"?
6
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2
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436
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Do I need a disclaimer on a fake confidential document?
As part of a small project, I mocked up a "confidential" "NSA" document. While it isn't real, friends are saying that it's convincing enough that I should place some text at the bottom saying
...
1
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1
answer
74
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How can I know if I can modify/copy resources on this website?
I was visiting a website/forum, and I saw that any content belongs to their respective owners.
Does this mean I cannot copy/reuse/edit source-codes or other resources/contents the users are posting? ...
0
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1
answer
114
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File a patent disclosure after paper publication
We were trying to file a patent, but unfortunately delayed the submission of the disclosure. Now the paper is accepted by the conference, not yet published. However, we uploaded the paper in advanced ...
0
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1
answer
89
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Does the intent of justifiable fair use supersede the implication of unjustifiable intent?
The question Legal status of "no copyright infringement intended" has an answer that states in part,
Ultimately, I don't think such a notice does anything to aid the defendant's argument ...
5
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1
answer
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Legal status of "no copyright infringement intended"
Occasionally on the internet you see people posting things with the phrase "no copyright infringement intended". (I've seen this most frequently on YouTube videos, but I've also seen it after quotes ...
2
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1
answer
125
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Is it legal to sell a product whose primary function is illegal?
I saw these stickers for sale here, and it got me curious about the legality of selling them. Is the seller at risk of being charged as an accessory to vandalism (or some similar crime) ?
They do ...
1
vote
1
answer
281
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Disclaimer for App
I'm developing an App, through which illustrators/creators can distribute their own comic books for free and other readers can download the books for free as well. I don't want anyone to distribute ...
0
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1
answer
151
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What to include in disclaimer and privacy policy of IoT devices and services?
IoT allows any devices to connect to a server which collect sensitive privacy data such as whether or not you are at home etc.
What are the main consent of users that need to be addressed when it ...
1
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1
answer
197
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Can contract have a clause that changes the contract
So there is a noncompete that I may have signed, but I don't feel the noncompete will be held up in the courts due to it being unreasonable in its restrictions.
Here's the Kicker. There is a clause ...
2
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0
answers
431
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"Plain English" website Terms & Conditions [closed]
I'm attempting to launch a website - to be specific a job portal.
There will be two target users: 1 - Employees, 2 - Job Seekers
I wish to offer a plain English Terms of Service/Terms and Conditions/...
1
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1
answer
171
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Can placing prominent disclaimers prevent legal responsibility?
I'm in the process of creating an app that facilitates communication between users to buy/sell (legal) items. My team was talking about forming an LLC to prevent getting sued for personal assets.
...
4
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2
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411
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Does posting a photo of a couple on a website require permission from both people in the photo?
Working on a unique concept website, I am questioning how legal it is and what sort of disclaimer would need to be present in the T&C to remain protected.
Basically, a user pays a fee and is ...
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0
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73
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Implications of and necessity (or lack thereof) for a contract clause that requires the user to back up data frequently
One clause of the Windows Insider Program Agreement strikes me as potentially burdensome because it mandates activity which does not appear to directly benefit Microsoft (emphasis original):
By ...
0
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2
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121
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What is "tortuous action" in the ISC license?
So, I read disclaimers sometimes. And this one has as a phrase I find amusing...
In no event shall the author be liable for any special, direct,
# indirect, or consequential damages or any damages ...
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vote
1
answer
251
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Can a US government official legally deny they are a US government official
I was wondering if it is illegal or legal for a US government official/employee to deny that they work as a US government official/employee, even if they are requested to deny this information(I'm not ...
2
votes
1
answer
41
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Handling user feature requests
First time poster in this forum so apologies if I am not framing this question correctly. If I am in the wrong forum or you require more information please just ask before downvoting.
I am wondering ...
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2
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170
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What are the applicable laws for an educational app that teachers could promote in classrooms?
I am working on an educational app for the iOS App Store. The app requires teachers and students, so the teachers would have to encourage students to download it. I was recently advised that I should ...
3
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2
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231
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Is it possible to distribute BSD (derived) software with a warranty?
(In the following, assume that "I" is not personal, but could be a corporation or group suitable in size and training to perform the tasks)
I have received sample code carrying a license patterned ...
2
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0
answers
73
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Why Does My Client Say They Need This Long Paragraph Under Their Web Forms?
Apparently their compliance department (they're a for profit college) says they have to have this under every form, but I've never seen anything like this:
Clicking the contact us today button ...
5
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1
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910
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Coat checks warning
I got into a debate with a friend about the disclaimer you see on coat checks, parking lot tickets, and other similar "contracts." There is often text printed on the back of the tickets you receive. ...
6
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1
answer
143
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How prominent must terms of service be?
How easy must it be to find a website's terms of service? I assume that if it's very difficult to find, then users couldn't be reasonably expected to know the terms of service. Are there any ...
19
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1
answer
9k
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Do warranty disclaimers in software licenses carry any legal weight?
Most open source software licenses contain, in capital letters, the following disclaimer:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT ...
5
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1
answer
464
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Do claimless advertisements need to have disclaimers?
My question concerns the requirement for advertisements to carry a disclaimer stating that they are advertisements, specifically in the United States. According to the FTC (though not in these words), ...
30
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3
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6k
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Do disclaimers need to be capitalized?
Are disclaimers of warranty, liability, and the like legally required to be in all-caps? For example, the "disclaimer of warranty" section from the GNU GPL:
THERE IS NO WARRANTY FOR THE PROGRAM, TO ...