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On our website we have an HTML5 arcade. For each game it has an embed this game on your website copy + paste code box.

We've done the approval process of games as strictly and safely as possible, we don't actually think it is possible to have any malicious code in the games. However, we are aware that there's a bunch of people out there smarter than us and they might be able to exploit it.

For webmasters wanting to copy + paste our games on their websites, we want to warn them that they are doing it at their own risk - but could we be held responsible if say for instance a malicious game was hosted on an important website and it stole their users credentials and cause them damage?

I'm wondering if having an HTML comment in the copy + paste code saying "Use at your own risk" is sufficient.

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up vote 2 down vote accepted

You can do better than that and include these and more obsevations in a Privacy Policy and a Terms of Use/Service pages. Put link to those pages in all page footers, as well as some short notice aside the "copy code here" box. Will make your site even look more pro.

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Thanks! Not worried about it looking pro, just want to cover ourselves if something did go wrong. –  Tom Gullen Nov 25 '11 at 23:03
    
Well, looking pro is just a nice side effect. Legally speaking, declaring your terms, whether they are in the current page or in a separate page (terms of use, policy privacy) which is/are linked to, discharge the legal responsability from you. In a court of law, if you eventually reach that point, the point will be: you have a page warning people about your codes and their risks. If people downloading didn't read them properly, its their problem to use something without reading this warnings. –  Dave Nov 27 '11 at 23:41

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