Terms of Use – gatewaybnb

Introductory and general clauses

Acceptance of Terms: By accessing or using the website, users agree to be bound by the terms. Legal enforceability often requires users to click an “I agree” checkbox (a “clickwrap” agreement).
User Eligibility: This defines who can legally use the site. It often specifies an age requirement, such as being over 18, and that users are competent to enter a binding agreement.
Modifications: The website owner can update or change the terms at any time. Continued use of the website implies acceptance of the new terms.
Privacy Policy Reference: The user’s data is also governed by a separate Privacy Policy, and it is crucial to link to that document.

Intellectual property and content

Intellectual Property Rights: This declares the website’s ownership of all its content, including text, graphics, logos, and software. This material is protected by copyright and trademark law.
User-Generated Content: If users can post content, this section defines the rules for submissions and clarifies what rights the user retains. It also grants the website a license to use or redistribute the content.
Restrictions on Use: This outlines prohibited activities, such as copying content without permission, using bots to scrape data, distributing malware, or engaging in abusive behavior.

Liability and disclaimers

Disclaimer of Warranties: The website and its content are provided “as is” and “as available,” without any guarantees of accuracy, reliability, or fitness for a particular purpose.
Limitation of Liability: This limits the website owner’s legal responsibility for any damages or losses that users may incur from using the site. It often includes caps on the maximum amount of financial liability.
Links to Third-Party Sites: The website is not responsible for the content, privacy practices, or activities of any external sites linked to from its pages.

Account and dispute clauses

Account Termination: The website owner can suspend or terminate a user’s account at any time, for any reason, particularly if the user violates the terms.
Governing Law and Jurisdiction: This specifies which jurisdiction’s laws govern the terms of the agreement and where any legal disputes must be resolved. This is often the location of the company’s headquarters.
Dispute Resolution: This may outline the process for resolving conflicts, such as through binding arbitration rather than a lawsuit, to minimize costly legal proceedings.

Key differences between legal documents

Terms of Use vs. Privacy Policy: The terms of use outlines the rules for using the service, while a Privacy Policy explains how personal data is collected, used, and stored. A Privacy Policy is legally required in many jurisdictions, whereas terms of use are not, but are highly recommended.
Terms of Use vs. Terms and Conditions (T&C): These two terms are generally used interchangeably to refer to the same document.