What does this statement in the Terms of Service mean?

+10 votes
134 views

I was reading through the Terms of Service linked to from the Help Index:  "Although we reserve the right to refuse access or edit or remove content that violates these Terms, you acknowledge and accept responsibility and liability for content posted by you or any other user ("User Content")."

I suspect this means we are each responsible for the material we post.  But it sort of sounds like I am jointly responsible for anything anyone posts here.  Is it possible to clarify this so some sue-happy lawyer doesn't decide to sue each and every WikiTree member for something one member posts in an obscure corner of the site?  I'm not too worried that it will happen, but better safe than sorry.  

http://www.wikitree.com/about/terms.html

in Policy and Style by Dave Dardinger G2G6 Pilot (408k points)
retagged by Ellen Smith
Great catch, Dave!

I'm no legal expert, but that statement seems to open ALL of us WT members to liability for ANY AND ALL unauthorized content posted to the site - regardless of who actually posted the content!!

I suggest whoever is in charge of the 'legalese" on WT get that statement changed IMMEDIATELY!!!!

2 Answers

+5 votes
Only a lawyer could explain it! I do agree the wording is odd.

I think that since the section is headlined "Your Responsibility for Posting Content" and the other sentences in it refer to content posted by you, it's clear that this isn't meant to make you responsible for content posted by others.
by Chris Whitten G2G Astronaut (1.3m points)
I guess since you're the founder here, I could point to the answer to claim indemnity if it ever came up.
+4 votes
I suspect what it was "intended" to mean is that you are responsible for content posted by you or any other person who you permit to use your logon.
by Chase Ashley G2G6 Pilot (217k points)

It is difficult to imagine that people would think that "assuming" is OK in contract language. The letter of the contract over-rides "it could mean" always. If this phrase was intended to be the content one allows someone else to make in their name (logon), then it should state that clearly and unambiguously.

I am not responsible legally or otherwise for what other people post, and make that statement without qualification.

This language should be clarified. If it is not, it means that all members of WT are legally responsible for all content of the site. "Could mean" is, and should be, unacceptable.

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