Some Basics in Advance
A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk.
A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.
Disclaimers vary in terms of their uniformity. Some may vary depending on the specific context and parties involved, while other types of disclaimers may strictly adhere to a uniform and established set of formalities that are rarely or never modified, except under official authority. Some of these formal disclaimers are required pursuant to industry regulation, qualification for protection under a safe harbor, and other situations where the exact wording of a particular clause or document may be dispositive in the event of a legal dispute. (See e.g., Product liability, Toxicity Class, Rule against perpetuities, Public Health Cigarette Smoking Act.)
The presence of a disclaimer in a legally binding agreement does not necessarily guarantee that the terms of the disclaimer will be recognized and enforced in a legal dispute. There may be other legal considerations that render a disclaimer void either in whole or part (source: Wikipedia.org).
1st version of ASR’s Website Disclaimer (status: 30th June 2016):
This website disclaimer does three different jobs for ASR – Avanced Study Room (as a website operator): it disclaims certain liabilities that might arise out of the use of the website; it sets out the basis upon which a website may be used; and it prompts certain disclosures that are or may be required of website operators by English/EU law. ASR league gives credits to SEQ Legal LLP which delivered to ASR – Advanced Study Room following version.
2.1 This (legal) document was created using a template from SEQ Legal (http://www.seqlegal.com) – Howbery Park, Wallingford – Oxfordshire OX10 8BA (U.K.) – Tel: +44(0)1491 821123.
- Copyright notice
3.1 Copyright (c) 2007 | ASR – Advanced Study Room (with historical roots going back to 2002). 3.2 Subject to the express provisions of this disclaimer: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website – only – for caching in a web browser;
(c) print pages from our website, subject to the other provisions of this disclaimer and
(d) use the teaching materials indexed as content which underlies CC licence (BY-NC-ND).
4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer. 4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes. 4.4 Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) exploit material from our website for a commercial purpose; or (e) redistribute material from our website. 4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
5.1 You must not: (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; (e) access or otherwise interact with our website using any robot, spider or other automated means. For now there is no exception others than for the purpose of search engine indexing; (f) violate the directives set out in the robots.txt file for our website; or (g) use data collected from our website for any public activity and direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). 5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities. 5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Limited warranties
6.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our website; (b) that the material on the website is up to date; or (c) that the website or any service on the website will remain available. 6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website. 6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
- Limitations and exclusions of liability
7.1 Nothing in this disclaimer will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law. 7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer: (a) are subject to Section 7.1; and (b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer. 7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. 7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. 7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. 7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage. 7.8 You accept that we have an interest in limiting the personal liability of our officers, employees and volunteers and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8.1 We may revise this disclaimer from time to time. 8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.
9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Law and jurisdiction
10.1 This disclaimer shall be governed by and construed in accordance with European/French/Canadian law. <- in preperations 10.2 Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the Canadian and European courts, mainly the courts of France.
- Statutory and regulatory disclosures (details in preperations)
11.1 We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [number]. <- in preperations 11.2 We are subject to [authorisation scheme], which is supervised by [supervisory authority]. <- in preperations 11.3 We are registered as [title] with [professional body] in [country] and are subject to [rules], which can be found at [URL]. <- in preperations 11.4 We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)]. <- in preperations 11.5 Our VAT number is [number]. <- in preperations
- Our details
12.1 This website is owned and operated by Guillaume Douron (France/Lyon and China/Hangzhou) 12.2 We are registered in [country] under registration number [number], and our registered office is at [address]. <- in preperations 12.3 Our principal place of [commercially/noncommercially] business is at [address]. <- in preperations 12.4 You can contact us: (a) by using our central website and it’s contact form; (b) by using our email address published on our website from time to time (@: ). (c) by skype telephone published on our website from time to time () (d) by different social media platforms, e.g. Facebook page + FB group and Google plus and/or others (e.g. Twitter, Reddit, Youtube Channel, Twitch.TV). ###