Legal issues for the web site?

  • ng
  • 11/10/08 31/12/20
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Posted: Thu, 16/10/2008 - 21:21

A question has been raised about possible legal liability of this site (and it's administrators and editors) in the event of, for example, libellous postings. A related topic is that of data privacy, and what our exposure may be.

Please tell me who here can help with getting set up:

  • A terms and conditions of use for the site.
  • A privacy policy
  • Anything else we might need.
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Privacy policy

  • ng
  • 11/10/08 31/12/20
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  • Sat, 18/10/2008 - 12:33

Google's privacy policy is a good indication of the types of points that need to be covered.


Internet litergation

  • Monkeyface3604
  • 10/10/08 31/05/09
  • unspecified
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  • Sat, 18/10/2008 - 12:25

Elgee is an internet litergator, he would definately be worth approaching


Internet litergation

  • ng
  • 11/10/08 31/12/20
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  • Sat, 18/10/2008 - 12:31

Thanks for the info. The guys here seem to me to have done a great job, but one more to check it over would be worthwhile.


AndyIsh + Cold-Dose pls look

  • occams razor
  • 10/10/08 31/05/09
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  • Fri, 17/10/2008 - 22:28

Ok, I think I have incorporated all the suggestions into the document. Please have a last careful look at the document which is here:

http://www.ksfiomdepositors.netgenius.co.uk/?q=node/287


Occams, ng and Cold Dose - Looks good to me

  • Andy Ish
  • 10/10/08 31/05/09
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  • Sat, 18/10/2008 - 07:46

Occams and Cold Dose - Looks good to me.
I have read it and I think it covers all angles. My question here will be where do we want to have this. A first page with people clicking yes they accept the conditions if they are not signed in and for people who sign in need to accept it perahps once?

What do you all think?


Link at the bottom

  • cold-dose
  • 11/10/08 31/05/09
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  • Sat, 18/10/2008 - 12:22

Link at the bottom of every page seems more than sufficient.


website terms and conditions

  • ng
  • 11/10/08 31/12/20
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  • Sat, 18/10/2008 - 12:28

When I get a chance (which will be some time in 2009 at this rate) I will add a tickbox to the user registration from "I have read and understood the website terms and conditions" which they have to tick before registration is allowed. Then we just have to go back and try to get 1300 existing registered users to do the same!


Could we not have it as a

  • occams razor
  • 10/10/08 31/05/09
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  • Sat, 18/10/2008 - 12:38

Could we not have it as a checkbox on the "login" form, then kill/change all existing cookies, thus forcing everyone to log in again once?
It wouldn't directly help with guests, but at least means if someone posts anything they have read the conditions.


T&C's for existing users

  • ng
  • 11/10/08 31/12/20
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  • Sat, 18/10/2008 - 12:45

Good idea, that's one way. Probably the best way actually, since then they would have to agree before further access to the site, which is basically what we want. Ok, that's the way forward.


Website terms and Conditions

  • ng
  • 11/10/08 31/12/20
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  • Fri, 17/10/2008 - 23:59

... also now as a link at the bottom of every page.


Site legalities: website name and email addresses

  • ng
  • 11/10/08 31/12/20
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  • Fri, 17/10/2008 - 00:35

Andy, what name should it be for the site? Currently, www.ksfiomdepositors.com is being re-directed to what you see in the browser, www.ksfiomdepositors.netgenius.co.uk - This only needs to be temporary, later we can do away with the redirection and have www.ksfiomdepositors.com directly again. It makes no difference what server we're on nor where it is physically, it's just a matter of "pointing" the domain name to the right place. So, what name should we be using in the document? Seems www.ksfiomdepositors.com would be more consistent.

Email addresses - do they need to be email addresses? Could they be links to contact forms on the site itself? Right now we do not have any (at) ksfiomdepositors.com addresses set up, but it could be done.

Sorry if these are really minor unimportant details. I and at least one other would like to feel comfortable that we've got it right and minimised risk. Originally I thought, no problem, any risk is tiny - but then remembered that's what I thought about Kaupthing!


t&cs

  • occams razor
  • 10/10/08 31/05/09
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  • Fri, 17/10/2008 - 01:21

www.ksfiomdepositors.com is a better address.
If the domain can still be pointed to the current servers, I would prefer the above address as main, with a redirect from netgenius address.
I presume the T&Cs should refer to the main address, as a cite-redirect is merely a transitory signpost.


Site legalities - what about copyright?

  • ng
  • 11/10/08 31/12/20
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  • Fri, 17/10/2008 - 00:08

Sincere thanks for the input so far. We (admin/editors) have been feeling uncomfortable about this.

One related topic I forgot - copyright. Does it matter? Maybe creative commons license or something?


Copyright?

  • cold-dose
  • 11/10/08 31/05/09
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  • Fri, 17/10/2008 - 00:14

I don't think it's worth bothering over in this case.


Possible T&Ss for the website and disclaimer

  • Andy Ish
  • 10/10/08 31/05/09
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  • Thu, 16/10/2008 - 23:40

Kaupthing IOM Action Group website legal disclaimer

The information contained in this website is for general information purposes only. The information is provided by individuals and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related url links contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Through this website you are able to link to other websites which are not under the control of "Kaupthing Isle of Man (KSF IOM depositors Action Group". We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, "Kaupthing Isle of Man (KSF IOM depositors Action Group" takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

All Rights Reserved.

All material on this website is the property of Kaupthing Action Group and its members and users, except for some material that my be copyrighted by others and is used here.

All material may not be copied, reproduced or otherwise used for commercial purposes without the written permission of the Kaupthing Action Group and the comment or statement owner. If you wish to request permission to use materials in a manner otherwise prohibited herein, please send email to

Please add contacts here

Additional Terms and Conditions Disclaimer for Interactive Services

Kaupthing IOM Action Group website ksfiomdepositors.netgenius.co.uk contains certain message boards that are provided as a service to users who agree to abide by the following terms and conditions. Kaupthing IOM Action Group Website ksfiomdepositors.netgenius.co.uk assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material on a message board contained on this Web site. In addition, it does not endorse any opinions or recommendations posted by others. The information posted here is the responsibility of the person or persons posting the message.

The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Kaupthing IOM Action Group Website ksfiomdepositors.netgenius.co.uk may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Kaupthing IOM Action Group Website ksfiomdepositors.netgenius.co.uk MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL Kaupthing IOM Action Group Website ksfiomdepositors.netgenius.co.uk BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF Kaupthing IOM Action Group Website ksfiomdepositors.netgenius.co.uk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Kaupthing IOM Action Group Website ksfiomdepositors.netgenius.co.uk HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Kaupthing IOM Action Group Website ksfiomdepositors.netgenius.co.uk BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED · WITH THE USE OR PERFORMANCE OF THIS WEB SITE, · WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, · WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR · FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Kaupthing IOM Action Group Website ksfiomdepositors.netgenius.co.uk HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNISE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

By Accessing the site you automatically acknowledge and agree that any material, and/or data downloaded or otherwise obtained through the use of the message boards on this Web site is done at your own discretion and risk that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material, and/or data. ksfiomdepositors.netgenius.co.uk it's operators, webmasters, owners, agents, users and employees, shall not be liable to you or anyone else for any loss or injury resulting from the use of the message boards contained on it's Web site, or for any decision made or action taken by you in reliance on content contained in its message boards. Its officers, directors, owners, agents, users and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibility of such damages, resulting from the use or inability to use the service.

All Rights Reserved.

All material on this website is the property of Kaupthing Action Group and its members and users, except for some material that my be copyrighted by others and is used here.

All material may not be copied, reproduced or otherwise used for commercial purposes without the written permission of the Kaupthing Action Group and the comment or statement owner. If you wish to request permission to use materials in a manner otherwise prohibited herein, please send email to

Please add contacts here


LEGAL PEOPLE please read

  • ng
  • 11/10/08 31/12/20
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  • Thu, 16/10/2008 - 21:23

This is just so those who only watch the "recent comments" list will notice!


Jursidiction?

  • cold-dose
  • 11/10/08 31/05/09
  • unspecified
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  • Thu, 16/10/2008 - 23:48

English law?

Or Manx law? :)

Also maybe an idea to specifically state "Nothing on this website should be relied upon or construed as constituting legal advice or investment advice."


message for cold-dose

  • mikepapa
  • 10/10/08 n/a (free)
  • a depositor
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  • Fri, 17/10/2008 - 00:11

cold-dose

Could you please check out Interesting Point on general discussion page

http://www.ksfiomdepositors.netgenius.co.uk/?q=node/27#comment-4632


Cold Dose Its there....please read

  • Andy Ish
  • 10/10/08 31/05/09
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  • Fri, 17/10/2008 - 00:01

Cold Dose that is already included and it also states for both gains and losses either way this site and comment owner not responsible.


Jurisdiction

  • Andy Ish
  • 10/10/08 31/05/09
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  • Thu, 16/10/2008 - 23:59

I used a US and International template instead of UK. There is a disclaimer about regions that access the website indemnifying us highlighted below.......anyone have ideas feel free to add UK law or IOM which ever you see fit. Only comment I have on this is the website is co.uk and not .IM or COM.
Where is the server hosted??

DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNISE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

By Accessing the site you automatically acknowledge and agree that any material, and/or data downloaded or otherwise obtained through the use of the message boards on this Web site is done at your own discretion and risk that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material, and/or data. ksfiomdepositors.netgenius.co.uk it's operators, webmasters, owners, agents, users and employees, shall not be liable to you or anyone else for any loss or injury resulting from the use of the message boards contained on it's Web site, or for any decision made or action taken by you in reliance on content contained in its message boards. Its officers, directors, owners, agents, users and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibility of such damages, resulting from the use or inability to use the service.


Server

  • cold-dose
  • 11/10/08 31/05/09
  • unspecified
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  • Fri, 17/10/2008 - 00:07

It's not to important where the server is, it's a contract and you can choose the 'forum' (as in legal jurisdiction, not 'forum' as in 'web forum'!)

Just add "This agreement operates under the laws of England and Wales", avoids any confusion.

Best to avoid Manx law at the moment methinks - all the lawyers there will be booked up with work for months to come the way things are looking! :)

Sorry for missing the other bits about legal/investment advice.


Totally agree

  • Andy Ish
  • 10/10/08 31/05/09
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  • Fri, 17/10/2008 - 01:04

NG I have put something in there about copy right and the fact that there are some content thats may be other people link copy right like links to C4 news and BBC....etc

I have also added a point on the use of the information is for personal and not commercial and for any commercial use an explicit request should be made to the admin email and to the poster of the comment. This just in case someone's statement is singled out and put all over the press.

I really would feel more comfortable if people read it completely. I must admit I am working long hours and trying to keep up with this website. Its 5am in the morning here and I am unable to sleep. I am sure I am not alone but I guess just an explenation to my worry about having a clouded brain or have missed something out. More brains better than one.

Hope this helps.

One area we haven't discussed is if we want to have some rules for people using the site. For example not posting personal information on the site or content that is unacceptable. Not that there is a chance of that. But its just to have a complete website. Also gives us the ability to stop unwanted people from having access by terminating their user access, for example someone posting viruses intentially or someone trying to use the site to spam or anything we all would do with out. But I leave that to you guys to let me know.


Site legalities: Acceptable use ?

  • ng
  • 11/10/08 31/12/20
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  • Fri, 17/10/2008 - 01:21

Thanks Andy. I totally understand the 5am thing - only 03:17am here, so I still have the best part of a couple of hours to continue working.

I think you are referring to what most sites seem to call an Acceptable Use policy. Yes, I guess we need that too, it's subtly different form T&Cs of access (but maybe could be incorporated into a single document?)

I will put the document up in it's current form, a lot better than nothing.

Again, thanks.


Cold Dose, Occams and ng

  • Andy Ish
  • 10/10/08 31/05/09
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  • Sat, 18/10/2008 - 07:48

We need to have this part displayed on every page at the bottom not just a link

All material may not be copied, reproduced or otherwise used for commercial purposes without the written permission of the Kaupthing Isle of Man (KSFIOM) Depositors Action Group and the comment or statement owner. If you wish to request permission to use materials in a manner otherwise prohibited herein, please contact www.ksfiomdepositors.com

All Rights Reserved.
This agreement operates under the laws of England and Wales.


Thanks for your super work on

  • occams razor
  • 10/10/08 31/05/09
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  • Fri, 17/10/2008 - 01:17

Thanks for your super work on this Andy, cold-dose et al. You're not alone in the early hours...
I think there is a typo error here, see my addition in bold:

Kaupthing IOM Action Group Website ksfiomdepositors.netgenius.co.uk (WILL NOT) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,