Free Digital Content + User Content Website Terms and Conditions
These Free Digital Content Website + User Content Terms and Conditions are
designed for use with websites offering free media such as information,
images, sound and video (“digital content”) for general use, with the
facility for users to upload and share their own material. They are
suitable for a wide range of different websites – particularly those
designed with the sharing of creative content in mind.
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.
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
User content is handled separately. Under these terms, in common with most
websites offering similar features, users retain the copyright (and any
other IP rights) in their content, and grant a licence to you, the website
operator, by submitting it to the site. Specific provisions protecting user
content can be selected from a number of options, ranging from free,
unrestricted use, to heavily restricted. A further option has been included
for sites offering users the ability to select from different usage
permissions as they add their content. It is important that these options
are clearly explained to users on your site as they are not included in
these terms and conditions. A further optional clause refers to technical
measures you may wish to implement to further protect users’ content.
Again, these should be clearly explained.
Disclaimers and liability provisions in this document seek to protect
website operators to the maximum extent deemed reasonable. It is important,
however, to ensure that such provisions are not unduly biased against users
– particularly when dealing with consumers – lest they be considered unfair
in the eyes of the law. Additional liability provisions, therefore, are
provided that apply only to business users.
In addition, the IP protection provisions in this document also make it
clear that the content of your website is not designed for commercial use
but that users in a commercial environment are not prohibited from
accessing it. An optional phrase is included to clarify this.
Of further relevance to the submission of user content is the Acceptable
Usage Policy. Applying to the use of the website in general, but in
particular to the submission of user content, the policy sets out clearly
the types of material and conduct that will not be accepted. Sanctions for
breach are also included.
An optional reference to advertising is included, informing users that
advertising may appear on the site along with their user content and
prohibiting them from attempting to hide or remove it. A further option
explains that the website operator is not responsible for the content of
advertising, pointing out who is. Note that these provisions only represent
a basic example and that more complex terms may apply depending upon the
source of the advertising on your website.
Further key clauses address internet security, data protection, privacy and
cookies (integrating separate policies into the terms and conditions by
reference), and opting in and out of marketing communications. All parts of
this template are designed to be compatible with consumer protection
legislation including, but not limited to, the Consumer Rights Act 2015.
This template is duplicated in the Internet & E-Commerce group.
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.
These Free Digital Content + User Content Website Terms and Conditions
contain the following clauses:
1. Definitions and Interpretation
2. Information About Us
3. Access to Our Site
5. Intellectual Property Rights and Our Site
6. User Content
7. Intellectual Property Rights and User Content
8. Acceptable Usage Policy
9. Links to Our Site
10. Links to Other Sites
12. Disclaimers and Legal Rights
13. Our Liability
14. Viruses, Malware and Security
15. Privacy and Cookies
16. Data Protection
17. Communications from Us
18. Changes to these Terms and Conditions
19. Contacting Us
20. Law and Jurisdiction
This document is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
Once you have purchased access to the appropriate document folder click on
the “Download Document” link below. You will be asked what you want to do
with the file. It is recommended that you save the document to a location
of your choice prior to viewing.