Disclaimer help and Privacy Statement

March 10th, 2019

I setting up a music site. I was thinking would this be ok as a disclaimer:
All media valiable on this site is only for promotional use.  It is advised anything obtained from this should be deleted within 24 hours.
Or

We are not responsible for any media contained in the external links.  Also links are by third party uploadeders.

Or combining both of them together.
What do you think?
Edit: Also help on a Privacy Statement aswell.
Thanks

Answer #1
I say look up some other sites that have been up for a long time and see what their using.
Answer #2
one site uses media used only for promotion use and delete within 24 hours.
Answer #3
can someone give me a structure of a disclaimer.
Please don't double-post, use the edit button instead. Members are allowed to double or triple post only if their previous post has exceeded the maximum characters limit.
Kindly visit our rules:
www..org/rules

Answer #4
Something like this:

website-name is based on its links to third party sites. The linked sites are not under the control of website-name and website-name is not responsible for the content of any linked sites or any links contained in a linked site. website-name is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by website-name of the site or any association with their operators.
website-name has number of automated features which are out of operator's control. The links are gathered automatically either through the submission tool. We do not manually check every file for copyright issues, and therefore we do not assume any responsibility or liability for the contents of the file, from completeness to legalities including, but not limited to copyright issues. However, website-name is sensitive to the rights of copyright owners. You may not use this site to distribute or download any copyrighted material in which you do not have the legal rights to do so.
website-name user agrees that website-name is hereby absolved from any and all liabilities, losses, costs and claims, including attorney's fees asserted against website-name, employees, or associates, that may arise or result from any service provided, performed, be agreed to be performed by website-name.
website-name makes no warranties, expressed or implied, for the services we provide. website-name will not be held responsible for any damages you or your business may suffer from using website-name services. website-name will not be held responsible for any interruptions, delays, failures, inaccuracies, or typographical errors.
website-name does not represent or warrant that the Service or the server that makes it available, are free of viruses or other harmful components. website-name does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
website-name reserves the right to update this policy at any time without notice. By using this site in an way, you agree that it is your responsibility to make sure you are adhereing to the disclaimer and terms of service at all times.
No reference links to commercial albums are ever approved. Download links to third-party hosts of 'underground' or 'free' musicians are only acceptablable. All other titles and names data, are not archived hereby organized for the acknowledgement of non-acceptance to our policy.

Answer #5
Thanks dude, where did you get it from? Seems familar.
Answer #6
What about saying something like: “You may only listen or download these songs if you’ve already legally purchased a copy.”
Answer #7
how will that protect me?
Could i write somthing like all media is posted by third party sites and no control what those links contain.
Answer #8
I setting up a music site. I was thinking would this be ok as a disclaimer:
All media valiable on this site is only for promotional use.  It is advised anything obtained from this should be deleted within 24 hours.
Or

We are not responsible for any media contained in the external links.  Also links are by third party uploadeders.

Or combining both of them together.
What do you think?
Edit: Also help on a Privacy Statement aswell.
Thanks

Neither of them would protect you enough if it got into the hands of the music industry.

kidd wrote: Select all

Something like this:

website-name is based on its links to third party sites. The linked sites are not under the control of website-name and website-name is not responsible for the content of any linked sites or any links contained in a linked site. website-name is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by website-name of the site or any association with their operators.
website-name has number of automated features which are out of operator's control. The links are gathered automatically either through the submission tool. We do not manually check every file for copyright issues, and therefore we do not assume any responsibility or liability for the contents of the file, from completeness to legalities including, but not limited to copyright issues. However, website-name is sensitive to the rights of copyright owners. You may not use this site to distribute or download any copyrighted material in which you do not have the legal rights to do so.
website-name user agrees that website-name is hereby absolved from any and all liabilities, losses, costs and claims, including attorney's fees asserted against website-name, employees, or associates, that may arise or result from any service provided, performed, be agreed to be performed by website-name.
website-name makes no warranties, expressed or implied, for the services we provide. website-name will not be held responsible for any damages you or your business may suffer from using website-name services. website-name will not be held responsible for any interruptions, delays, failures, inaccuracies, or typographical errors.
website-name does not represent or warrant that the Service or the server that makes it available, are free of viruses or other harmful components. website-name does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
website-name reserves the right to update this policy at any time without notice. By using this site in an way, you agree that it is your responsibility to make sure you are adhereing to the disclaimer and terms of service at all times.
No reference links to commercial albums are ever approved. Download links to third-party hosts of 'underground' or 'free' musicians are only acceptablable. All other titles and names data, are not archived hereby organized for the acknowledgement of non-acceptance to our policy.

This is better, although most of it might be irrelevance depending on the feature of the site.
—-
You need to also explain that your users must stay within the terms of service and that they need to make sure they only share things they own the copyright to. Also it could help to put in a bit about what you would do in the even of being informed of copyright infringement.
State that all posts made are the responsibility of the creator and not the website. We are here only to provide the a convenience service.
Also state that your site is not liable for any direct or indirect incidents that may arise from the use or use of any linked site or information that was accessed via this site.
State that all trademarks, service names, company names that may appear in the site are of their respectful owners.
To try and protect you more you could write a part about how user agree to indemnify and guarantee your site against any claim or action that may arise form the misuse of this site and by breaking the TofS.
You also need to put in information about how you handle users information to if it is going to count as a Privacy Statement, if I’m honest though, it is best to separate the two into two documents.
Hope this helps a little bit mate. Sorry I don’t have time to write any more atm.
This can get you into very deep and legal stuff mate. Make sure you do your research before launching the site to make sure you are protected.
Answer #9
Well my site is not a forum just a normal site. I am so clueless about this, i made the mistake of setting up the site, no content is on there yet though. State that all trademarks, service names, company names that may appear in the site are of their respectful owners.

Would that be in the terms of servce?
Terms of service. ,before accessing external lniks, the user must agree:
he or she will not modify, redistribute, copy, or transfer anything copyrighted material. This is scary, im so clueless.
Answer #10
Well my site is not a forum just a normal site. I am so clueless about this, i made the mistake of setting up the site, no content is on there yet though. State that all trademarks, service names, company names that may appear in the site are of their respectful owners.

Would that be in the terms of servce?
Terms of service. ,before accessing external lniks, the user must agree:
he or she will not modify, redistribute, copy, or transfer anything copyrighted material. This is scary, im so clueless.

Yep place that under the terms of service.
It is scary mate, but you need to get it right first time, so make sure you put the time in finding out about it. Post around the web abit and see what else people think. Also try and find a similar website to one which your trying to use, and give theirs a read. If your new to this, that’s the best way to find any hole in your Terms of Service and other Policies.
May I ask what sort of site it is? It would help in giving you some advice (If I can, it all depends on what sort of site it is ).
Answer #11
music sharing site
Answer #12
music sharing site
Is that one that you post up links yourself? or is the music stored on the websites hosting servers and people download it directly?
If users aren’t the ones posting the links, it could be quite hard to get yourself out of it legally, as technically you are making the links available in a way which is easily accessible and findable on the web, so you couldn’t use the old, this website is for my own personal use only and should not be used/downloaded by anyone else trick.
Answer #13
welll the links will be posted on zippyshare.
Btw my sites host is blue host and using word press.
Edit: Coudnt i avoid, i saw somewhere you can make accoutns for wordpress site, using some plug in or script.
Edit:
Found this disclaimer:
1. Content
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
3. Copyright The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author�s agreement.
4. Privacy policy If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
If you own any music that is posted on the site and would like to request it to be taken off please email me with proof of ownership and I will take the link down withing 3 business days.

Answer #14
welll the links will be posted on zippyshare.
Btw my sites host is blue host and using word press.

So its more like a personal blogging site. Hmmm… I’m not overly sure on the legal bits you’d need to protect yourself from that, you would need to include the same bits from what I wrote above, but need to aim it more at how these links are not here to be distributed and are for my own personal use, I am not to be held responsible for any loss of data, profits, income, customers, or any other similar economical problem that may come from using the links on this site.
This sortof thing however does not protect you 100%. Because it is your own personal web domain which you have set up, a court would see that you are aware that you would be making these links visible to the public and therefore no longer keeping them online just for personal use.
Taking a different approach (or both) you could say that this website is here only to collect links that are freely available on the internet and are not responsible for the content that is held within them. Any files which may inflict on copyright should be dealt with via the information which should be available on the links website. Any data posted here which is reported to contain copyrighted data will therefore also be removed from here.
So a bit like what I wrote above, just rewording it to try and take all blame from your shoulders.
Hope this is of some help, if I get the chance, I’ll have a little look into this for you and post back here.
*EDIT*
2. Referrals and links The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
What you edited in above is good, except for the bit I have put in bold above
You might want to remove that.
Answer #15
once i have some time i will read over waht you wrote. Had a brief read, thanks for the help. Will take a longer look over it a bit later.
Really appreciate it
Edit: will post a disclaimer later today
Answer #16
Here is my disclaimer:
1. Content
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages.  If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author�s agreement.
4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
If you own any music that is posted on the site and would like to request it to be taken off please email me with proof of ownership and I will take the link down withing 3 business days.

What do you think for the disclaimer?
Edit: The music files will have my site taggedon each file and uploaded on zippy share.