Website Terms of Use - E-Commerce Sale of Digital Content (B2B)
These E-Commerce Sale of Digital Content Website Terms of Use are designed for use by online retailers on e-commerce websites providing digital content to business customers.
This document has been recently updated and now includes a clause prohibiting scraping and text and data mining, practices commonly used in the development and training of AI models. The clause is designed to ensure that such activities are a direct breach of the website’s terms of use. It is also recommended that technical measures be taken to further protect a website’s content from scraping and text and data mining.
This document is designed for use with a counterpart set of terms of sale. This template applies to the use of your website itself, leaving the terms governing the sale of digital content to a separate document.
Please Note: This template, together with the counterpart terms of sale, replaces the previous TR.WEB.TC.08 and TR.WEB.TC.09 templates, formerly known as ‘Information Provider’ terms and conditions. Now referring to ‘digital content’, these terms remain applicable to websites providing information but can now also be applied to a broad range of other digital content.
As with many website terms and conditions, these are designed for acceptance through use. In other words, visitors to your website are deemed to have accepted them as soon as they start using the site. Optional wording also provides for the terms to be accepted as part of the process of signing up for an account on the site.
Important information about the website operator is provided, including company registration details, trading address, and details of any relevant regulatory bodies or associations. For certain trades and professions there may be additional information that website operators are required by law to provide. If, for example, the operator is an investment company, it must identify itself as such. Members of regulated professions should include professional titles, links to professional rules and other important details. Such details are not included in this template and professional advice should be sought by those working in regulated professions.
IP rights including, but not limited to, copyright are protected by these terms and conditions. Optional provisions are included in the template to allow you to choose how many freedoms to give to your users with regard to saving and copying material from your site, as well as establishing deep-links to pages within your site on other sites. Further provisions concerning linking are also designed to help to prohibit users from establishing links to your site from sites publishing unsavoury or unlawful content.
Disclaimers and liability provisions in this template seek to protect website operators to the maximum extent deemed reasonable. Moreover, in this context, it important to note that such provisions relate only to the use of the website itself, not to the sale of digital content.
Further key clauses address internet security, data protection, privacy and cookies (integrating separate policies into the terms and conditions by reference), acceptable use of the website, and opting in and out of marketing communications.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This document is duplicated in the Internet & E-Commerce Group.
These Digital Content Website Terms of Use contain the following clauses:
1. Definitions and Interpretation
2. Information About Us
3. Access to Our Site
4. Accounts
5. Intellectual Property
6. User Content
7. No Scraping, Text or Data Mining
8. Links to Our Site
9. Links to Other Sites
10. Liability and Disclaimers
11. Viruses, Malware and Security
12. Acceptable Usage Policy
13. Privacy and Cookies
14. Changes to these Terms of Use
15. Contacting Us
16. Communications from Us
17. Data Protection
18. Law and Jurisdiction
These website terms of use are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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