What should be in a disclaimer

Beyond content, other pieces of your site that could be covered by a disclaimer include potential copyright issues, the transmission of viruses, and more.

Technically, just about anything you place on your site can be addressed through the use of a disclaimer. As you prepare to take your site live onto the web, it is wise to think through everything you are publishing and consider placing a disclaimer on anything that you feel may open you up to a lawsuit in the future. It does need to be highlighted that the use of a disclaimer does not in any way eliminate the possibility of a lawsuit. Anyone can file a lawsuit at any time for any reason, whether you have a disclaimer in place or not.

It will be up to the courts to determine the validity of a lawsuit that has been levied against you, which is where a quality disclaimer could come into the picture. If a court determines that your disclaimers do, in fact, cover the items in question in the lawsuit, you may be protected from liability.

It is easy to assume that disclaimer and website terms and conditions are the same things. They are not the same thing, however, and it is important to understand the difference as you are assembling your site. Rather than attempting to reduce liability through the use of a disclaimer, someone using terms and conditions on a website is laying out a specific framework for rules related to using that site.

For example, some of the items which could be included on a terms and conditions page include the following:. While it is true that there can be some overlap between terms and conditions and disclaimers, they should not be thought of as the same thing. A disclaimer may be included in the content of a terms and conditions page; however, these are separate issues that should be handled separately as you assemble the legal section of your website.

The content that should be included in a disclaimer is going to depend greatly on the type of website you own. It is impossible to say exactly what should be included in each and every website disclaimer because sites come in all different shapes and sizes.

With that said, there are a few things which you should consider including in your disclaimer, provided that they match up with the content and purpose of your site. A disclaimer protects your rights over your intellectual property against infringement by other people.

Assuming that your work is literary or artistic in nature, a disclaimer can contain a claim of ownership over the copyright of your content. Other forms of intellectual property will be fully protected only upon registration as per law. If your intellectual property consists of a technical solution to a problem, you should file for a patent. On the other hand, if you want to claim ownership over words, phrases, symbols, and designs that identify your goods or services, it is better to register a trademark.

Since it serves as both a warning and a way to mitigate risks, a disclaimer protects you from liability. Anyone who reads your disclaimer should understand the risks involved in using your website or acting upon the information in it. A disclaimer notifies your readers of your qualifications or background, as well as delimits the scope of your obligations to them. This is especially useful when you are advising in an area that is not necessarily within your expertise. There may be instances when third parties can interact with your customers or clients through your website or blog, thus exposing you to liability from their actions or statements.

Your website or social media account, for instance, may allow comments or advertisements from other parties. In these cases, a disclaimer will protect you from incurring liability from the actions of those who comment or advertise on your website or page. If you belong to an organization or company, your website or blog can be easily linked to them, which may be damaging to both you and the organization or company. In this case, a disclaimer can clarify that your opinions are solely your own, and it does not reflect the views of those of the organization or company.

It is vital for you to note that a disclaimer will not completely protect you from liability. For example, you may still be held liable if a person is injured because of your negligence or if you failed to do something required by law. Nonetheless, writing and putting a disclaimer on your website is still worthwhile to best protect you and your business.

As mentioned earlier, a disclaimer helps protect your ownership over your intellectual property. A disclaimer that states your ownership over your work dissuades theft of such work, and at the same time, protects you from accusations that such work was copied or stolen.

You are exposing yourself to legal liability, whether it is through selling goods or services or publishing information on a website. For instance, someone could get hurt when using your product, or someone could misconstrue information posted on your website. When making a disclaimer, try to think of the possible scenarios that could expose you to legal liability.

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Interesting, I thumbed through a lot of nonfiction books and found no disclaimers. I suspect the authors and publishers stand on their own research without hiding behind a disclaimer. Her disclaimer turns the traditional fiction disclaimer on its head:.

This is a work of nonfiction. No names have been changed, no characters invented, no events fabricated. Although I am a lawyer, I am not your lawyer. Reading this book does not create an attorney-client relationship between us. This Handbook should not be used as a substitute for the advice of a competent attorney admitted or authorized to practice in your jurisdiction.

Legal disclaimers are like chicken soup when you have a cold. While they are unlikely to stop a lawsuit, they may put an obstacle in the way. In at least one lawsuit, disclaimers became part of the solution. Then both Burroughs and his publisher were sued for liable by a family who claimed they were portrayed negatively in the work.

As part of settling the case, the book was relabeled as a novel and disclaimers were added, including:. I would like to thank the real-life members of the family portrayed in this book for taking me into their home and accepting me as one of their own. I recognize that their memories of the events described in this book are different than my own.

They are each fine, decent, and hard-working people. The book was not intended to hurt the family. Both my publisher and I regret any unintentional harm resulting from the publishing and marketing of Running with Scissors. Bottom line — spend a little time on your disclaimer. Use it as an opportunity to explain your purpose and point of view, and most of all, to highlight your literary voice.

Attorney and author Helen Sedwick uses thirty years of experience to show writers how to stay out of court and at their desks.

Disclaimer: Helen Sedwick is licensed to practice in California only. This information is general in nature and should not be used as a substitute for the advice of an attorney authorized to practice in your jurisdiction. Photo: pixabay. Finished Revolutionary War historical novel that might leave folks wondering about the motives inserted into the minds of my own family.

Several imaginary characters weave the mostly true incidents around the real-life characters. Thinking some unknown family member might be offended, I wrote a full-page disclaimer. I am making scrapbooks for my brother and my sisters for Christmas and am trying to write a humorous disclaimer for their story. I already made one for my dad.

Since this book is documented by me, the sister, it reflects my recollection and views, but I was obviously not always present or I admit not always paying attention.

Details were drawn from a variety of sources such as legal documents, comments on the back of pictures, memory, etc. I would like to mention that no names were intentionally changed, no typos made on purpose, and the hairdos, styles and facial expressions were beyond my control. I am just hopeful that no one sues me or beats me up. I am obviously not a writer, but I love to scrap book!

I wanted to share another excellent disclaimer. I found this one in the program notes for Roe, a play by Lisa Loomer that explores the people and the passions surrounding the Roe v Wade Supreme Court decision.

The play uses the names and biographical information of real people in dramatized and fictionalized scenes. This play is a fictional dramatization based on a true story and real events and was drawn from a variety of sources, including published materials and interviews. For dramatic and narrative purposes, the play contains fictionalized scenes, composite and representative characters and dialogue, and time compression.

The views and opinions expressed in the play are those of the characters only and do not necessarily reflect or represent the views and opinions held by individuals on which those characters are based. Thanks for the advice, due to this I will try writing my first Disclaimer.

Hi Helen! I keep thinking that the writing of a disclaimer seems to be difficult for someone who has never written one before! So thank you so much for sharing such an interesting information here!

I enjoyed reading all the examples of disclaimers you shared though this article and I am sure they will help me for writing my own disclaimers! Best wishes! I enjoyed reading the creativeness of the disclaimers in your blog.

In a draft biography for a competition I wrote about terraced houses around a commons in Sydney which was redeveloped 25 years later and named Chifley Square. I mentioned the name Chifley Square phrasing in the context of the story and was howled down in a critique. He highlighted the anomaly rather than the context.