Hello, I have made a website concerning game development. It's purpose is to instruct people on game design and to give them feedback when they submit games. I also write small reviews about other people's games. My website is called Nickmania. People must register an account before they can submit their games, and they may, but are not required to, submit extra information such as where they live, their full name, and other misc details like hobbies, interests, etc. These are for the sole purpose of providing some small information to other members. I don't sell anything. I may place ads in the future but right now I do not intend to do so. I have 4 questions: 1. What is the difference between terms of service and privacy policy? 2. Do I have to write them both? Or put something else on my website to make sure I don't get legal issues? 3. How do I write it? What should I put in the terms of service/privacy policy? 4. Can I take the terms of service of a similar website as mine, and replace their website name with mine? Thank you for your time! Nick Janssen

> 1. What is the difference between terms of service and privacy policy?

The contractual terms of your service versus what you do with your customer's contact info.

> 2. Do I have to write them both? Or put something else on
> my website to make sure I don't get legal issues?

What does your lawyer say?

> 3. How do I write it? What should I put in the terms of
> service/privacy policy?

Let a competent lawyer do this for you.

> 4. Can I take the terms of service of a similar website
> as mine, and replace their website name with mine?

Can, yes. Should, no.

-cb

Quote: Original post by cbenoi1
> 1. What is the difference between terms of service and privacy policy?

The contractual terms of your service versus what you do with your customer's contact info.

> 2. Do I have to write them both? Or put something else on
> my website to make sure I don't get legal issues?

What does your lawyer say?

> 3. How do I write it? What should I put in the terms of
> service/privacy policy?

Let a competent lawyer do this for you.

> 4. Can I take the terms of service of a similar website
> as mine, and replace their website name with mine?

Can, yes. Should, no.

-cb

Weirdly my firm gets hired to do a lot of this. You need a ToS to explain what people can and can't do on your website and with your content. If you allow comments or any other user interaction you will also need to consider registering as a DMCA agent, and following proper DMCA procedures. This is incorporated in your ToS.

A privacy policy, as cb said, explains what you do with user information you collect. If you allow people to register with your site, log in, etc., you're collecting information. The key point to remember when dealing with a privacy policy is that you have to be honest and you cannot make promises you don't intend to keep. If any user data, including non-personal data such as general age group/gender is used or collected by you or third party advertisers you need to let people know. You also shouldn't suggest that you're taking greater steps to ensure user protection unless you are able and willing to do so. The #1 lawsuit arising from Privacy Policies are consumer fraud cases.

If kids use your site (anyone under 13) you'll need to comply with CIPA (Children Internet Protection Act) as well. A privacy policy is generally incorporated by reference in the ToS. You can read more here.

You should hire an attorney to draft both. Ripping it of another's site is problematic for a couple of reasons. 1) it's copyright infringement; as a firm we copyright all of our documents, but especially those we publish online. 2) Another site's ToS and privacy policy may not address all of your issues and you may wind up making promises you can't keep.

Thank you very much for your detailed response!

I am a student living in Belgium, Europe.
I have no idea how much a lawyer would cost, (I have a small budget)
nor do I know someone who could take care of this.
Is there any way I could do this on my own, or do you think this is a bad idea?

Thank you again.
Nick

Quote: Original post by Beather
I have no idea how much a lawyer would cost, (I have a small budget)

If you ask them, they'll be able to give you an estimate.

Quote: Original post by Beather
Is there any way I could do this on my own, or do you think this is a bad idea?

This question has already been answered above.

That you have a private blog where the information is going one way - from you to the world - is one thing (in many countries bloggers are considered as journalists). But that you also host a forum where people exchange messages and files is another. It makes you liable for the contents in many legislations.

> Is there any way I could do this on my own,
> or do you think this is a bad idea?

Sure. Are you also going to defend yourself in court should you get sued?

Get a lawyer. Serious.

-cb

Quote: Original post by Beather
Is there any way I could do this on my own, or do you think this is a bad idea?

You could always go to law school, spend years studying to become a lawyer and once qualified write your own TOS and privacy policy. When you consider the expense of doing all that the cost of hiring a lawyer to write these documents isn't all that great.

Thank you.

[Edited by - Beather on January 9, 2010 3:49:33 AM]