1. The Policies should be in plain English. There is no need for the ‘hereto’ ‘where from’ language. A well written policy can achieve the same legal protection without all the legal jargon. I will however, say that there are some areas that will forever sound legal no matter what one does. Those areas are generally focused on indemnification and warranties. That being said that does not mean you could not accompany the ‘legal’ paragraph with a side bar that explains in one-two sentences what that term means to the user.
2. Don’t try to be sneaky with your Intellectual Property terms. Be absolutely clear in what you own, don’t own, license, or don’t license. This is a big problem for web and app service providers in that they try to own everything and then some. You want to engage with users and not make them think you are profiting off of them. User generated content has become a very personal issue for users and Company’s need to address these issues up front. If you want to own it then be clear about it don’t try to get around the fact by inserting a bunch of legal terms. If you want a irrevocable license, same suggestion applies, don’t be sneaky and hide in the language.
User Engagement is a part of just about every business’s marketing or business growth strategy. With all that effort and dollars behind building user engagement don’t throw it away with overtly legal and hidden policies.