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Legal Contract creation for digital sales website  Add to shortlist

Client Details

IanIan M   
United Kingdom  United Kingdom
  • Member Since: Jan 2010
  • Last Login: 21 Oct 2010
  • Jobs Posted: 5
  • Jobs Awarded: 9
  • Paid out: $1,264

Job Details

Category:Accounting/Legal > Legal

ID:17913

Title:Legal Contract creation for digital sales website

Location:Anywhere

Job Description

Hello,

I'm looking for someone who can compose the following website-related legal documents: User Terms and Conditions (example document attached), Membership Terms and Conditions, Privacy Policy, Licensing Terms (Regular and Extended) and any other legal document required to operate a digital media-sales related website in the United Kingdom. I would be interested to explore the potential for an ongoing legal relationship upon successful completion of this initial exercise, be it retainer-based or piecemeal.

I look forward to hearing from you. Should you require further information, please do not hesitate to contact me through the clarification board.

Kind regards,

Ian

Job Budget

Type:Fixed Price

Budget:Not Specified

Additional Information

Attached Files: None

Bidding ends:Bidding Closed

Job Posted:09/02/2010 15:04

Bidding activity on this Job

Bids:4

Who has Bid:


View 1 more bids

Clarification Board

J. B.J. B. on 09/02/2010 15:59
Dear Ian

I would like to bid for this project, and it would be helpful to see the document you proposed to attach with the project description. Could you post it, please?

Thanks

Juliette
I. M.I. M. on 09/02/2010 16:19
Juliette,

It would appear those in control of this site may well have prevented the document from being displayed to you as I certainly uploaded it. Apologies. It should be noted that this is very much a 'cobbled together' document though I hope it enables you to get the gist of what I require. Please find a cut and paste version to follow:

The Sites are owned and operated by Company Name. (Company Name or we or us).
Your use of, and access to, the Sites indicates your acceptance of these Terms and Conditions.
1. Membership
You need not be a member of the Sites to access the Sites or use the content or services. However, access to some areas of the Sites and some content and services may also be restricted to members only.
On becoming a member, you will be required to enter into a separate Membership Agreement.
2. Proprietary Rights
Your use of the Sites does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites.
You may download a single copy of any content contained on the Sites, solely for your personal, non-commercial use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content. This excludes products available for sale/licensing on the Sites.
Your use of the Sites does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites.
If you make other use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided above, you will violate copyright and other laws of England, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use.
3. Copyright Agent
We respect the intellectual property rights of others, and require that those people who use the Sites, or the services or features made available on or through the Sites, do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Company Name:
1. your address, telephone number, and email address;
2. a description of where the alleged infringing material is located;
3. a description of the copyrighted work that you claim has been infringed; and
4. a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.
4. Trade Marks
The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Sites, or on content available through the Sites, are registered and unregistered Trade Marks of Company Name and others.
Nothing contained on the Sites should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Sites without the written permission of Company Name or the third party that may own the applicable Trademark.
5. Changes to Terms of and Conditions
Company Name may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you.
Changes in the Terms and Conditions will be effective when posted by us on the Sites.
Your continued use of the Sites and/or the services made available on or through the Sites after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
6. User Information
In the course of your use of the Sites and/or the content or services made available on, or through, the Sites, you may be asked to provide certain personalised information to us (User Information). Company Name’s information collection and use policies with respect to the privacy of such User Information are set out in the Sites’ Privacy Policy.
You are solely responsible for the accuracy and content of User Information.
7. Linking to the Sites
You agree that if you include a link from any other web site to the Sites, such link must link to the full version of an HTML formatted page of the Sites.
You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another web site.
You agree not to link from any other web site to the Sites in any manner such that the Sites, or any page of the Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve our right to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.
8. Third Party Sites.
You may be able to move from the Sites to third party web sites (Linked Sites).
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
The inclusion of any link to such web sites on our Sites does not imply Company Names’s endorsement, sponsorship, or recommendation of that web site.
Company Name disclaims any liability for links to another web site.
9. Disclaimer
The Trade Practices Act and similar state and territory legislation in England may confer rights and remedies on you in relation to the provision goods or services on the Sites which cannot be excluded, restricted or modified by Company Name (Non-excludable Rights).
Company Name does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
1. all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
2. Company Name and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
3. Company Name does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
4. Company Name does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Company Name) will Company Name or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites or the content.
To the fullest extent permitted by law, Company Name’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Company Name to the following:
1. in the case of services supplied or offered by Company Name:
1. the supply of the services again;
2. the payment of the cost of having services supplied again; and
2. in the case of goods supplied or offered by us:
1. the replacement of the goods or the supply of equivalent goods; or
2. the payment of the cost of replacing the goods or acquiring equivalent goods.
10. Applicable Laws
We control and operate the Sites from our offices in the UK in accordance with the laws of England. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

C. F.C. F. on 09/02/2010 21:04
Ian,

Thanks for the bid invitation. Could you clarify what you are selling/marketing/granting access to on these sties to the "Customer". It is relevant to what the contract says and how it is structured.

Thanks.

Chris.
I. M.I. M. on 09/02/2010 21:23
Chris,
Thanks for your question.
Php and HTML code downloadable on receipt of payment.

Ian
H. B.H. B. on 13/02/2010 23:20
have extensive experience with start up etc.
so what do you want?
D. S.D. S. on 15/02/2010 11:38
Hi Ian

I would also like to bid for the project as I have relevant e-commerce expertise that I would like to offer you.

Would appreciate being extended an invitation to bid.

Thanks.

Daryn Stilwell

Bidding closed

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Bidding has ended for this project, the client has accepted the bid(s) below:

Accepted Bid #1

Amount: $549 Fixed Fee

Country of Freelancer: United Kingdom  United Kingdom

Estimated Start Date: Within 3 Business Days





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