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A disclaimer is a legal statement that defines rights, liabilities, and risks that may be assumed when a user accesses website content. They appear on blogs, websites, and sometimes, CZcams videos.
General functions
Operators of blogs and CZcams channels implement disclaimers for three primary reasons. These include:
Providing information - A disclaimer may indicate that contacting the operator through the CZcams channel or comments is not a good way to reach them. They may also use the disclaimer as a way to explain the moderation of video comments and control of content on the CZcams channel.
Controlling liability - If the operator is a professional, like a lawyer, doctor, researcher, or an accountant, they may add a disclaimer indicating that watching the video does not form a professional relationship or constitute receiving professional advice. Consulting with that professional is the best course of action rather than relying only on the video. For retailers and others who do not fall under the category of professional, the disclaimer may include a general waiver of warranties or liability.
Legal compliance - Federal Trade Commission (FTC) requires truthful advertising and that includes disclosing any affiliate relationships. If the online product involves creating income, it must include an earnings disclaimer. These are U.S. consumer protection requirements that can result in fines if they are not followed.
For these reasons, disclaimers may show up everywhere information is shared, including videos.
Issues addressed
While the list of legal issues addressed by disclaimers is nearly endless, there are five that are most relevant to videos.
Depending on your field, the disclaimer will address one of these issues or a combination of them. Reading current CZcams disclaimers, the following appear the most frequently:
Professional liability - It is easy for consumers to become confused and assume a video on medical research or local laws is professional advice. A disclaimer stating that CZcams videos do not create a professional relationships or obligations to the consumer helps deter possible professional liability.
General liability - A video advertising a product may seem to offer warranties. This disclaimer makes it clear that there are no warranties or guarantees that a product will work as expected based on the video.
Content control - Most operators allow users to comment on CZcams videos. While this type of disclaimer sounds more like Terms & Conditions, it acts as a way to control content in the comments and delete inappropriate ones.
Fair use - CZcams videos may borrow from copyrighted material. While there is significant dispute on the effectiveness of these disclaimers, an operator may indicate that use of that material constitutes fair use and is not a violation of a protected copyright.
Use at your risk - This is a disclosure that lets users know that anything that happens after following the advice in a video is the responsibility of the viewer and not the video creator. Investment advice or even portrayals of dangerous activities should contain a CZcams disclaimer that assigns responsibility to the user rather than the operator.
While CZcams disclaimers offer definite advantages, they are not widely used. If you would like to enjoy the protection offered by them, here is how to make them work best for you.
Using CZcams/video disclaimers
It can be difficult to find examples of CZcams disclaimers but the few that are available are very helpful. You want to focus on placement of the disclaimer then work on its content--especially if you need to draft one in order to comply with FTC regulations.
Placement
CZcams disclaimers are most likely found on an operator's webpage. It is a separate agreement with its own link. Lundbeck Worldwide and Bernard are two companies that take this approach.
Lundbeck Worldwide is a global pharmaceutical company that provides medical information. Here's its CZcams disclaimer:
Lundbeck Worldwide
The disclaimer focuses primarily on professional liability and making it clear to users that its videos on medical research do not replace the opinions of their own doctors.
Bernard is a gun company that builds and sells guns. Here's a portion of the disclaimer from Bernard:
Bernard CZcams disclaimer
Bernard's Disclaimer also focuses on professional liability by indicating that any instructional videos do not replace the advice of a welding professional and that any

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