I need legal documents for an adult website how do I go about this?

Business 7 views 3 answers
I'll save the fluff and cut to the chase. I decided to start an adult website and I need the following documents: DMCA, Privacy Policy, TOS and Disclaimer. My hosting service is located in the US (Dallas, TX )and I reside in Canada. Where do I go to get these documents? Anyone know of any lawyers who would write up such documents? Roughly, how much would something like this cost? Thank you in advance! Sincerely, Jorden L.

Attorney Answers

3
Damon Moore ·
My firm is located in Texas, and I have provided legal services for entertainment matters in Canada (Regina, Vancouver, Toronto, and Montreal). I am happy to talk to you about your business needs. You are welcome to initiate contact with me by e-mail or telephone. My firm would not charge you for the initial consultation. You might have some difficulty obtaining price estimates in this forum. The information that you have provided is not enough to allow a competent lawyer to determine the cost. A thorough lawyer is going to want to talk to you about your business and ask questions that will give the lawyer a better feel for what you are trying to do. For example, although you have asked for a price quote on four documents, I am already wondering what kind of entity you are going to file (LLC, Corp., etc.), where you are going to file (Texas, Canada, some other state/province), what the format of the website will be (webcam, video contribution by members, one guy holding a camera, etc.), and the manner in which you plan to earn your profit. I am also wondering whether you have addressed your trademark and copyright needs. Your response to those questions/concerns could not only impact the price you pay for the documents but also cause you to need additional documents that you have not asked about in the forum. I could imagine someone in your situation paying several hundred dollars for the documents that you have requested. This is particularly likely if you utilize a do-it-yourself website. You could just as easily pay several thousand dollars once you account for the structures that you should put in place prior to producing those documents.
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Lawrence Walters ·
Our firm routinely provides the sort of advice you seek. We will need to review the nature of your operation, and draft the appropriate online agreements and policies tailored to your business model. You will not be buying forms, but instead you will receive legal advice that includes custom online agreements and policies that best protect your specific operation. There are websites that purport to sell legal terms and policies, but using such 'one size fits all' legal documentation is very dangerous. In addition to agreements, you'll need advice on Section 2257 compliance, DMCA Agent registration, intellectual property advice, Section 2258A protocols, and advice on a variety of other issues. Feel free to email me for more information, [email protected], or review our qualifications on www.firstamendment.xxx.
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Andrew Jaffe ·
Adult web sites are targets for those who do not like their content. You need to retain the legal services or an Internet attorney who understands all these issues and how to protect you from liability. Here is what I say to clients who want to start up a new e-commerce site: There is much you need to know as you begin your new business. Further, your web site will need legal policies. I suggest you do not attempt to write your own legal policies. This is not where your training and background lie, and though you are probably as smart as an attorney, you do not have their experience. 1. Business Model – Is your idea viable as a web based business? Do you have a business model written out? 2. Business entity - Are you going to be a C corp, a sub-S, an LLC or a sole proprietorship? There are liability and tax issues that can dramatically affect how your business prospers and selecting the proper entity is a critical first step. 3. Terms of Service - This is your contract with your visitors and is the most important item for any e-commerce site. A little work here brings big dividends in the future. The absence of a written “Terms of Service” can expose your business and possibly you to both criminal and civil liability. 4. Privacy Policy - Every e-commerce site needs a Privacy Policy! Operating an e-commerce site without a Privacy Policy exposes you to civil and criminal liability. Further, the absence of a Privacy Policy will cause a red flag for many legitimate visitors who will not deal a web site not professional enough to have a Privacy Policy. 5. FTC guidelines - The FTC has been regulating business advertising for almost a century. All of their advertising guidelines apply to e-commerce sites. The FTC negotiates with established e-commerce businesses but new ones are frequently sanctioned with fines, etc. 6. Domain Name issues? Is your name available? Can you create a Trademark? Domain names, trademarks and service marks can become valuable assets but the failure to properly protect them may deprive you of much of their value. 7. Trademark - Do you have a brand name free from conflict? Should you start with just common law rights? When Should you register the mark? 8. Copyright - If it is on the web, it already belongs to somebody. Did you buy a license for the images you are using? Using copyrighted materials without proper licensing is not only expensive but under some conditions criminal. 9. Do you need a DMCA policy? This is a very inexpensive “insurance policy” which gives you a “safe harbor” from liability if your visitors post copyright material on your web site. 10. Web Site security issues? Ask Target, etc. if this is an issue. 11. Do you need and have an EIN? You can get that for free. If your business is a corporation (C or S) you need an EIN. Even if you’re a single member LLC or sole proprietorship, you’ll need an EIN to open your bank account. 12. Do you need an arbitration clause? Arbitration is not always pleasant but it’s cheaper and quicker than litigation. Further, an arbitration clause will create a barrier against any class action being brought against you. 13. Do you have employees? If so you need written policies regarding their authority and use of the internet. This can be part of your employee manual. 14. Do you know the difference between a "browser wrap" and a "click wrap" and which do you need? Using a click wrap will greatly decrease your liability. 15. Are you abiding by the Child's Online Privacy Protection Act (COPPA) rules? There are serious repercussions if you run afoul of COPPA. I discuss this list with clients other issues arise. Finally, I always discuss with my clients their need for good accounting services. An accountant's advice as you start-up can save you many dollars in tax that you might not save if you wait to speak to an accountant un
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