Terms of Use that users consent to by just using the site— Seems rather one sided doesn’t it? Maybe that is why there is so much distrust of sites like instagram and other social sites. Is there a better way to approach this so that Users trust my service? and don’t mind ‘consenting’? Our answer is yes, below are a few tips on how best to communicate your terms of use while maintaining user confidence.
From my perspective, its all in how you convey the policies. Terms of use and privacy policies for most websites seems like a bunch of legal mumbo jumbo thrown together (or better yet copied from another website offering similar services). However, I believe there is a way to both protect your company’s interest and communicate with your users so they feel safe while using your web or mobile service. Failing to be transparent and clear is what generally gets folks in trouble.
If you are a provider of web or mobile services here are a few tips to consider when crafting your Terms of Use and Privacy Policy. These are best practices and not to be construed as legal advice. As always, you are encouraged to seek legal counsel when drafting these policies preferably one who can draft in plain English.
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.
3. Be Conspicuous. This really is a an art form. You might have seen various ways in which to ‘accept’ terms and conditions. The reason for this is you want to make it clear to your users that terms of use exist and they need to at least acknowledge them. I encourage you to be creative and respectful here. Its best to display the terms in a place where most users would look for them. If you have a service that allows for user engagement such as posting comments, submitting content, playing a game, etc. be sure there is some way for the user to click and accept the terms of use. If you try to hide the terms, this will not serve you well when trying to defend your position, or trying to comply with the DMCA regulations, or otherwise.
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.