when you sell a product, a Warranty of Noninfringement is implied. Specifically exclude implied warranty of noninfringement. Clearly document that "In no event shall you be liable for incidental, or consequential damages arising out of use of product.

=> Offer a Limited Warranty

When you sell a product, you should exclude all of Uniform Commercial Code's implied warranties. Instead, provide your own limited warranty. Warrent only that product will, for a limited period of time, be free from defects in materials and craftsmanship when used for purpose for which it was designed. The warranty should limit buyer's remedy to repair of defect in product, replacement of product, or refund of purchase price.

Any statement that you publish in your advertising and marketing creates an "express" warranty. Be careful about what your advertising and marketing says. Avoid making express warranties that you don't mean to make. If your products are being sold through distributors, make sure that your distributors are aware of limited warranty and that they avoid making statements that create express warranties.

If you sell products online, make sure that customers are required to review warranty before completing transaction. They should have to read limited warranty and then click on an [I Accept] button prior to completing transaction. Make sure they have ability to print limited warranty.

Disclaimer: This information is provided with understanding that author is not a lawyer. If legal advice is required, services of a competent professional should be sought. By using this material, user assumes complete responsibility for any and all damages resulting from that use.

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Determining whether you need permission to use a person's name or picture depends on whether it's used to help sell a product or service. You cannot use a person's name, picture, or voice for commercial benefit without obtaining their permission. Sometimes distinction between use as news and use for commercial purposes and is blurred. For example, a web site might feature news stories and advertising.

Never position a person's name or picture on a web page in a way that implies that they endorse a product or service without their permission. Never position a person's name or picture on a web page in proximity to a news story with a negative connotation. For example, if you position a person's picture just above a story about homosexuality, you might be sued for character defamation.

=> Use of Trademarks

You can use a trademark to advertise that you sell or service products of a particular brand. Don't use a trademark to falsely misrepresent yourself as an authorized agent of that brand's company. You can also use a competitor's trademark in comparative advertising. If you do, make sure your claims are absolutely honest and can be substantiated.

Sometimes a trademark inadvertently shows up in a photograph. For example, an advertisement or a container's label may show up in a photograph. There is rarely a problem using a photograph for noncommercial use that shows a trademark. Never use a photograph showing a trademark in such a way as to imply that trademark's owner endorses a product or service.

To be absolutely safe, you should get trademark owner's permission. Many trademark owners will be happy to give you permission without charge. In fact, many companies pay fees to promote their trademark.

=> Copyright Infringement

Other than for fair use purposes, don't expect to get away with using copyrighted material from Web without owner's permission. Some companies use Web crawlers to search for unauthorized use of their copyrighted material.

Make sure person who gives you permission to use copyrighted material actually owns copyright to material, or real owner could sue you for infringement. Usually, if person who gave you permission misrepresented their ownership, you cannot be sued because you would be an "innocent infringer".

In this article you have learned that there are many purposes for which you can legally use copyrighted material from web. If you follow copyright law's rules for fair use it is not a copyright infringement.

Disclaimer: This information is provided with understanding that author is not a lawyer. If legal advice is required, services of a competent professional should be sought. By using this material, user assumes complete responsibility for any and all damages resulting from that use.

---------------------------------------------------------- To learn how to maintain your computer and use it more effectively to design a Web site and make money on Web visit http://bucarotechelp.com To subscribe to Bucaro TecHelp Newsletter Send a blank email to mailto:bucarotechelp-subscribe@topica.com ----------------------------------------------------------