Looking for Terms of Service for Adult Site

ehdonhon · Oct 14, 2008

I'm helping somebody put together an adult-oriented site, and we're trying to find some boilerplate legal text to use as a basis for the "terms of service" Basically we're looking for some "hold harmless" / "entertainment purposes only" kind of disclaimers. Any good places to find stuff like that?

Alternately, any pointers to legal services that would provide something like that for me without charging an arm and a leg? (Any lawyers out there, feel free to PM me).

Thanks.

Domagon · Oct 21, 2008

A disclaimer, etc isn't going be of any real help, if the adult site features underaged sexual content, extreme content (rape, etc), and/or sells memberships / products to people residing in well known problem locations that have, and actively enforce, strict local community standards.

Running most any adult site is risky - in my view, if one stays "stay under the radar", that alone greatly minimizes potential problems.

Don't offer anything too far outside of the "mainstream" (ie. beyond what other large, well known adult sites offer), but if not possible, then a better option may be operate as legally anonymously as possible, possibly utilizing offshore entities.

With all that said, if the adult site is going to be a traditonal pay site with "vanilla" content obtained from well known content providers, then the main concern is ensuring obiding the record keeping requirements of 2257 (google it), including having a prominent notice at the bottom of all webpages, which links to details regarding custodian of records.

Check out GFY.com (not work safe) and read up on 2257, disclaimers, local community standards, etc. Also, you'll find contact info there for attorneys that assist adult businesses.

Ron

marcorandazza · Oct 25, 2008

Good advice, Domagon. There is a LOT you need to know before launching an adult site. Section 2257, potential obscenity problems, and a whole slew of special intellectual property concerns that are unique to the adult entertainment industry. It is a great field to get into, but not something I would dive into without legal help - and go with a lawyer who knows the field already - not someone looking to get into it.

ehdonhon · Oct 25, 2008

Thanks for the tips, all.

What I'm learning from all of this is that there are "adult sites" and then there's what I'm trying to do, which doesn't quite fit into that category.

In my particular niche, a disclaimer is exactly what I need. My biggest concern is some idiot out there getting an idea to try something after visiting the site and hurting themselves.

I understand nothing can protect me from being sued. But I'd like to protect myself as much as possible from loosing. Before I launch the site, I'll try to find somebody that can write some kind of "for entertainment purposes only" kind of disclaimer for me.

Thanks to the attorneys that did PM me. Once I have the capital in place, I'll be in touch.

Domagon · Oct 26, 2008

You've already got a decent disclaimer "for entertainment purposes only"...

It works good enough for the big names ... check out MTV's http://www.jackassworld.com/ disclaimer.

YouTube has no obvious disclaimer at all on their homepage; they do have a tiny link to terms, but few will actually see it, let alone click it - point is they don't seem overly concerned, because if they were the disclaimer would be right on the mainpage. Much of the stuff posted on YouTube makes MTV's Jackass stuff look tame in comparison.

If concerned about minors getting in, add a gateway page that comes up regardless of where one enters the site; is done using session cookies. A more easier way, though not as good, is to have the gateway page before the homepage only.

Ron