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Is it the same as “Terms and Conditions”?
Yes, they are the same thing, some just call it Terms. In essence, it’s a legally binding agreement between your website or app and its users, that defines the rules of their interaction. It’s not legally required to include such an agreement, nor is it impossible to change the rules along the way, but having them established and dealt with in the first place can benefit you and your business greatly.
By having a user agree to the rules you’ve set, you can limit your own liability in case things go south. And they can: imagine if someone makes a misinformed decision based on your content that leads them to sustaining some serious damages. Can they sue you for that? Not if they agreed to a clause that clears you from any such claims.
Yes, it would probably be more efficient to take the measures to prevent user misconduct than to avoid having to take responsibility for it. You can include a clause describing the types of malicious or abusive user behavior that would terminate their access to your website. The banhammer could also be explicitly hung over any potential malware or spam bots users may, or rather may not employ.
An Intellectual Property clause about the permitted use of content on your website would be a great addition to the Terms and Conditions, if you intend to make your money off of it. Such content may be whatever digital media or data that is meant to be exclusively represented on your website.
Choice of Law
It doesn’t necessarily matter where it is on the screen as long as it’s easily accessible. Agreements that don’t demand any action from the user other than their use of the website (browsewrap agreements) can often be found on a separate webpage linked on the main one. Clickwrap agreements are actively placed in front of the user prior to any important action being taken by them.
Making the choice between the two types is dependent on how active you need the agreement to be and whether you want to be able to rely on it in court. In some cases it would be wiser to use the latter.
Here’s a bunch of ideas for places on your website you could put your Terms:
Login or account creation page
Content submission page
Where do I even start?
Just answer simple questions and your document will be ready. After that, you can just download the document or copy a link to it and add it to your website.