Website Disclaimer

Written by Sudipta Bandyopadhyay, Lawyer

Introduction

Movies display "Cigarette Smoking is Injurious to Health," which is known as a disclaimer. Fans follow their heroes as role models, use smoking patterns, and succumb to deadly consequences.

Through a disclaimer, a company or website denies the responsibility or liability for any damage that occurred to any user or consumer. A Website Disclaimer is a digital document equivalent to an agreement.

Explanation of Website Disclaimer:

A website disclaimer is a legal notice. It tries to limit the liabilities of a website owner who may suffer for the contents of the website used by the user. Websites or web pages always contain information, links, and content on several topics. People navigate browsers for tiny words to detailed information. Books are only available in some places, so websites are the only speedy resort. Accurate information is not possible on websites, but people are becoming more dependent on them. An amateur does research in medical, legal, rumours, or follows yoga steps without practical guidance and accidentally causes damage. These types of incidents are fatal to the business and reputation of website owners. Website disclaimers work as a legal shield for the company against such activities.

Display of Disclaimer:

Websites should first display the disclaimer. It is the key to opening the website. It informs the users about the legal conditions that restrict the use of information and any other sensitive details displayed on the website.

Topics included in the disclaimer:

• Contents of the Website:

Every person can start a website depending on their content. They can be e-commerce websites, business websites, blog websites, personal websites, event websites, and others. A disclaimer must contain the following:

• Name of Company or owner of the website.

• The purpose of the website is referred to as "Service."

• User as "You."

• [WEBSITE_NAME] as website, accessible from the [WEBSITE_URL]

• Information in the content is general information. Any user following the information will do at their own risk, so the company is not liable.

• Addition, deletion, and modifications to the content of the service can be made without notice, and for such actions, companies are not liable.

• Affiliate links and External Links:

A Disclaimer must mention the consequence of affiliated links and external links. The Federal Trade Commission of the United States says to be honest about endorsements made by companies. E-commerce has its payment links. Users use this link with trust for payment. Hence, the company must hold the liability of payment through affiliated links. Likewise, the company is held not liable when a user uses any external links given on websites.

• Disclaimer and Intellectual Property Rights of the owners:

Teaching, Journaling, and Blogging websites often use quotes from the author and images of the original owner. This is termed "Fair Use" under the Copyright law. Fair dealing with a literary, dramatic, musical, or artistic work for

• Research or private study

• Criticism or review

• Reporting current events in a newspaper, magazine, or similar periodical

• Reporting by broadcast or in a cinematographic film, or using photographs

It is permitted subject to certain conditions.

A disclaimer will prevent the user from using this copyrighted work for personal use. And can only apply for the copyrighted work after the original author's permission. It also relieves the website owner from any copyright infringement.

• Views, opinions, and the liability of website owners:

The public casts their opinions, views, and criticisms in the comment section of journal websites, YouTube channels, etc. If a website disclaimer clearly states that the public's views have no connection with the company, then it is not liable for any public opinion.

• The user using at his own risk:

"Mutual Fund investments are subject to market risk."

In this scenario, the user invests his money at his own risk. The disclaimers clearly state that the company is not responsible for any investment decision of the user.

• Interruption of service:

A disclaimer should state that 'services may be interrupted or 'subject to technical difficulties to protect the interest of a company in case of any server error or technical problems.

• Check box:

At the end of the disclaimer, a checkbox has to be filled with the user after reading the clauses. Clicking the check box implies the user's consent to follow the clauses.

Conclusion:

A user's acceptance of a disclaimer is equivalent to their agreement. Although there is always a chance of a legal disagreement, a disclaimer serves as proof that the corporation is avoiding liability. A disclaimer must be ready to consider all potential issues.

References:

• Wadehra, D. B. L, Law Relating to Intellectual Property. (Published book)

• IndiaFilings, Website Disclaimer Format (IndiaFilings)

• FreePrivacyPolicy, Examples of Common Disclaimers (Freeprivacypolicy)

Follow us on LinkedIn, Facebook, and Instagram for more updates.