terms and conditions text

[tonyw]

this is surely a faq, but a quick search hasn't revealed anything to me. So... where do folks go to get their terms and conditions text? There must be a template to start from somewhere?

Or, maybe some kind soul will let me start from theirs ;)

thanks
tony

[Tom Gilleland]

We used to write these big legal Terms and Conditions documents in our products years ago. For our first one we just took one from some big software company and modified it to meet our needs. Now we don't even include any in our products. It's not like anyone reads them anyway, and if they did it is all in legaleze that they don't understand. And then even if they didn't follow the rules, how are you going to enforce them?

On one product we did I just made up a parody one and not a single customer even noticed.

So basically I say just skip them.

Tom

[tonyw]

So basically I say just skip them.

Tom

Thanks for the reply! I rather like the idea of writing a humourous parody. If it gets a laugh that could be quite benificial customer phychology...

[dmikesell]

We used to write these big legal Terms and Conditions documents in our products years ago. For our first one we just took one from some big software company and modified it to meet our needs. Now we don't even include any in our products. It's not like anyone reads them anyway, and if they did it is all in legaleze that they don't understand. And then even if they didn't follow the rules, how are you going to enforce them?

On one product we did I just made up a parody one and not a single customer even noticed.

So basically I say just skip them.

Tom

What's your protection against someone redistributing under their name?

[bignobody]

Not to mention people trying to sue you because "your game broke my computer!"

Even if people don't read it, the license agreement is where you absolve yourself and anyone else involved with the product of all legal liability! Do not skip this, it is very important.

Do what Tom originally suggested, grab and modify an existing one.

Regards,

[tonyw]

but, can we absolve ourselves from responsibility for breaking someones machine simply by saying "If this game breaks your pc, we are not responsible" as opposed to the legalesque waffle that is normally written?

[bignobody]

IANAL (so drink up, regular forum members!) but I think you could. However, in my opinion putting it that way would be worse the the legalese version. For the 2 people who will actually read it may go "What!? It's going to break my computer? Oh Noes!"... Not to mention that the legalese version will absolve you from everything, not just breaking their PC. "My computer caught fire while I was playing your game and burned my house down!" :)

Regards,

[Tom Gilleland]

What's your protection against someone redistributing under their name?

Copyright law. (In theory at least)

I realize that by having a Copyrights and Trademark symbols all over your product will give you a bit stronger legal standing. But at what cost to artistic design and product usability? Simply by publishing a product you will get almost as much protection as publishing a product and covering it with Copyright and Trademark symbols. (In my opinion) I think those click-thru license agreements are terrible product design.

And then if some evil person took your product and sold it as there own, do you have the monetary resources to go after that person in a civil case? No. The cost for this is anywhere from $30,000 to $100,000 with a decent lawyer. Sure you can do a small claims court process for a few thousand dollars claim, but have fun collecting on it. I know developers who have pursued cases like this and have spent $60,000+, won the case, and never collected a penny. Now there's always criminal prosecution, but getting a case picked up for a small developer is nearly impossible.

So basically after 15 years of software development business, I've decided that I will just skip all that legal stuff. And we've done scores of products and sold well over a million units since we started in 1990. Crooks will be crooks, pirates will pirate stuff. Just look at all the warez sites, I'm sure you'll find your games posted there. Did the Term and Conditions statment help you out there? Most people are good and honest and that's who I'm trying to cater to. These people don't need to read those legaleze documents, and I'm not going to make them do it. And if someone's house burns down and blames one of my games, do you think they will win a case? Or even get it picked up by a lawyer in the first place?

You just have to figure this all into your business plan. Think of it in terms of a retail store. They just estimate that 1.8% of product will be stolen and they price accordingly.

Of course I'm not a lawyer, or even play one on Forums; so you might want to disregard everything I say on this subject. :)

Tom