Website Terms of Use - E-Commerce Sale of Digital Content (B2C)

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 consumers.

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, available here. 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.06 and TR.WEB.TC.07 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.

These Terms of Use are designed for acceptance through use. When a user visits your website, they are deemed to have accepted the terms of use. Optional wording in this template also allows for the terms to be accepted as part of the sign-up process on your website.

Important information about the website operator is set out in these terms of use, including company registration details, trading address, and details of any relevant regulatory bodies or associations. For some trades and professions, additional information may be required. 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.

Intellectual property rights are protected by these website terms and conditions, not least copyright. Unlike many such provisions, however, those included in this template are relatively generous to users. Primarily, this has been done to assist in realistic enforceability. While not allowing complete free rein, therefore, the provisions protecting copyright and other IP do take an accommodating approach to modern internet use habits. Rather than attempting to prevent users from copying material through draconian clauses in your terms and conditions, it may instead be preferable to use technical measures, such as coding preventing right-clicks to save images or scripts designed to interfere with printscreen functions.

Website linking is another area benefitting from more open, pragmatic terms. Many terms and conditions prohibit so-called “deep-linking” (linking to specific pages on a site, rather than its homepage). Others may allow users to only link from sites the content of which is under their full control. Deep linking may or may not be permitted in this document by selecting the appropriate option. Prohibiting users from linking from sites they do not control is not covered, not least given the value to website operators of having links to their sites spread around social media. Instead, users are restricted from linking from sites that mainly comprise unsavoury or unlawful material.

Disclaimers and liability provisions in this template seek to protect website operators to the maximum extent deemed reasonable. It is important to ensure that such provisions are not made excessively tough – particularly when dealing with consumer users – or they run the risk of being considered legally unfair. 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. Disclaimers
11. Our Liability
12. Viruses, Malware and Security
13. Acceptable Usage Policy
14. Privacy and Cookies
15. Changes to these Terms of Use
16. Contacting Us
17. Communications from Us
18. Data Protection
19. 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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