DISLAIMER: This is not a final revision of this disclaimer
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not DavisWiki, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the DavisWiki Site. No user shall transmit Content or otherwise conduct or participate in any activities on DavisWiki Sites that, in the judgment of DavisWiki, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
DavisWiki shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the terms above or be otherwise illegal. DavisWiki, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by DavisWiki to protect the rights, property, or personal safety of DavisWiki's users and the public. DavisWiki does not control the Content posted to the DavisWiki Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will DavisWiki be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via DavisWiki Site.
Each user, by using DavisWiki Site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
I don't think the disclaimer will work very well. IM me if you want to discuss it further. -jr
Jaime - Log into Yahoo! IM, please. — Evan "JabberWokky" E.
...okay, failing that, here are my notes (from jw):
- This is strictly a content and use disclaimer. Privacy and other issues are separate, but this is a core point to start from. Basically: "The views and opinions expressed on DavisWiki are those of it's users and do not necessarily represent those of this station, it's staff or advertisers". (Did that one at signoff for years).
- DavisWiki as an entity needs to be defined. You had mentioned creating a non-profit. Normally I deal with companies either incorporated or individuals dba a business. You'll have to add a paragraph at the beginning saying what comprises ("DavisWiki") at the top.
- I removed several points. There is no clause for outages and closure of the site since the one I had was full of references to fees and there are no fees for this site.
- The key clause I removed was the Indemnification clause. It will have to be rewritten, but is generic enough to be available as a template on a legal site.
I like DruidWiki.org's disclaimer a lot. It's not legal, but I think it gives a good informal feel:
Unlike standard web sites, here what is posted is open to all. We make it absolutely clear, therefore, that DruidWiki support staff do not necessarily agree with, support or condone anything posted on these Wiki pages, but we do feel that all informational content is a valid form of expression.
This Wiki offers a completely open space, for anyone who has registered, to add and edit pages. As a result, some may find the content anarchic, provocative, and at times even offensive. Equally it may be thought-provoking or inspiring. We emphasize that it is up to all who use these pages to do so creatively, respectfully, honestly and responsibly.
The intention is that the pages here will become the result of creative collaboration, honest dialogue and intelligent reflection.