legal, websiteI host a flash based gaming website where content is free to use without an account, therefore anyone is able to navigate and play a game on my site. The problem is that there could be possible (although hopefully never) events where a user might suffer a seizure from a game on my website and might try to take legal action against me, claiming that they never had to explicitly agree to a terms and conditions before using my services. Even though I have outlined within the terms of service that you should not use my site if you are prone to such conditions. Is there a way to protect myself against this without having the user to explicitly agree to the document? I’ve seem some terms and conditions documents that have clauses like “by using the services on this website you agree to be bound by our terms and conditions…” is this a legally acceptable clause? Also whenever a user creates an account I have a required checkbox that verifies they agree to the terms and conditions of the site.
Unfortunately legal matters are rarely clear cut. Some questions to at least ask yourself
1) If your site is free to use, why do users register?
2) Is there a particular risk of seizures from your site compared to say miniclip?
3) Do you own the site personally or via a corporate entity of some kind?
There may be difference between someone who bought something off you that needed some particular safe handling and giving something for free.
Having a box that says ‘I agree…’ may be sufficient, but perhaps not if your content was a particular danger.
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