Questions tagged [disclaimers]

Terms that disclaim (i.e., renounce) liability. See also tag terms-of-service

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2
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3answers
45 views

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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1answer
58 views

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 ...
33
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5answers
8k views

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 ...
24
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2answers
9k views

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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2answers
38 views

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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3answers
152 views

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, ...
1
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3answers
3k views

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 ...
4
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2answers
730 views

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"?
5
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2answers
155 views

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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1answer
54 views

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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1answer
92 views

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 ...
5
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1answer
1k views

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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1answer
107 views

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 ...
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1answer
211 views

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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1answer
94 views

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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1answer
100 views

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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0answers
324 views

“Plain English” website Terms & Conditions

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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1answer
144 views

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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2answers
260 views

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 ...
1
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0answers
69 views

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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2answers
99 views

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 ...
0
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1answer
165 views

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
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1answer
31 views

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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2answers
48 views

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 ...
2
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2answers
130 views

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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0answers
69 views

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 ...
3
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1answer
362 views

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. ...
5
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1answer
81 views

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 ...
13
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1answer
5k views

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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1answer
253 views

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), ...
18
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3answers
2k views

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 ...