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Website Notices and Disclaimers to Help Protect Your Brand

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Website Notices and Disclaimers to Help Protect Your Brand

Branding is essential. Now that every business uses the online market, it’s great to file a trademark name for your brand to protect yourself. Also, make sure you have the necessary disclaimer to avoid trademark infringement. A little comes a long way in protecting you from any legal suits in the future.

How do you write a disclaimer for a website? Here are some website notices and disclaimers you have to consider to protect your brand and to protect you from any legal actions:

1. Copyright Notice

Include a copyright notice on your Website to protect your information, logos, and graphics. This can prevent others from copying your work and using it for their gains. Copyright is a notification of ownership and a warning not to use information irresponsibly. It is typically located at the bottom portion of your Website and looks as follows:

Copyright © 2005 by ABC, Inc. All Rights Reserved.

2. Disclosure of Terms of Use or Online Contract

This is needed for websites which offer users or buyers good and services. The Website must contain significant reference to the Terms of Use Agreement or other online contracts. It can be placed as a hyperlink. See the example below:

The use of this site, and the terms and conditions for the sale of any goods and services, is governed by a Terms of Use Agreement. By using this site, you acknowledge that you have read the Terms of Use Agreement and the disclaimers and caveats contained in this site and that you accept and will be bound by the terms thereof.

3. General Disclaimers of Liability

As a site owner, you can also limit your liability by posting this statement:

THE SERVICE AND CONTENT FROM OR THROUGH THIS SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE OWNER OF THIS SITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE.

This statement outlines general disclaimers about the goods, services, or information that you provide.

4. Hyperlink Disclaimers

Websites usually use a hyperlink to reference other websites. A hyperlink disclaimer is used to say that your Website is not in any way endorsing, related to, or approving whatever product or services are in the hyperlinked Website. To make sure you get this message across, you can post this hyperlink disclaimer:

This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information on such sites has been endorsed or approved by us.

5. Limitation on access by Minors

There are rules in place for businesses that minors should not access – be it online or offline. If your company’s business is prohibited to children, you should make sure a disclaimer alerts users to this.

In practice, this disclaimer is posted as an alert before anyone can enter the Website, where it warns minors that they should not proceed onto the site. Should they still decide to go on, your disclaimer has already afforded you your protection.

See below for an example:

WARNING. This site contains sexually oriented adult material intended for individuals 18 years of age or older. If you are not yet 18, if adult material offends you, or if you are accessing this site from any country or locale where adult material is prohibited by law, PLEASE LEAVE NOW! If you understand and accept these terms, you may ENTER.

6. Trademarks

Websites must refer to registered trademarks. That’s why you see statements such as “as seen on Fox News, CBS, NBC,” and etc., and include trademarked logos of these companies.

Without a trademark disclaimer on your Website or blog, you are at the risk of trademark infringement. Since this area of the law is not yet very clear, it’s best to guard all your bases.

See below for a trademark disclaimer example for the website:

TRADEMARKS: Microsoft, Windows, Windows NT, MSN, The Microsoft Network, and other Microsoft products referenced herein are either trademarks or registered trademarks of Microsoft. Other product and company names mentioned herein may be trademarks of their respective owners.

7. Privacy Policy

This is another vital piece of notification you need to have on your Website. With information being the new oil, users must know how you are going to use their information.


A Privacy Policy will help you inform them how and agreeing to the Privacy Policy will be understood as their consent. You can check out different Privacy Policy templates on the web.

Adhering to these website notices and disclaimers is very important to protect you and your business. Suppose you want to protect your brand, file a trademark name or copyright. If you want to protect yourself from any possible violations, make sure you have all the necessary disclaimers in place.


Comments

Centfie from Kenya on May 24, 2021:

I find it frustrating when my online work is stolen. Indeed copyright infringements are rampant online. This is useful information for website owners.

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