Post on 31-Aug-2014
description
What you need to know before signing up to the popular photo-sharing app
EXPLORING INSTAGRAM’S TERMS OF USE
Instagram is a popular photo-sharing, social network application that allows
users to take photos using their smartphones, apply interesting filters
and share them with their friends
WHAT IS INSTAGRAM?
Instagram allows users to upload their Instagram creations to their social network profiles
It’s tempting to sign up to applications and websites without reading the Terms of Use…
If everyone is using a site/app then it must be safe right?
WHAT YOU NEED TO KNOW
There’s so much boring text, and besides, who actually reads those things anyway?
Well no one really…
While it’s true that few people actually read the Terms of Use when they sign up for a service and this maynever actually come back to to bite them
It is a good idea to know exactly what you’re signing up for and what rights you may
unknowingly be signing over
BUT…
TO VIEW INSTAGRAM’S TERMS OF USE
HTTP: / / INSTAGRAM.COM/ABOUT/LEGAL/TERMS/
Instagram has 3 sets of Terms of Use on its site:
BASIC TERMS
GENERAL CONDITIONS
PROPRIETARY RIGHTS IN CONTENT ON INSTAGRAM
INSTAGRAMS TERMS OF USE
Instagram have a number of ‘Basic
Terms’ that make up their Terms of Use.
BASIC TERMS
These are pretty standard, reasonable rules which include things like:
Users must be at least 13 years of age
Users must not spam, abuse, impersonate or harass other users
BASIC TERMS
Users not post nude, partially nude, or sexually suggestive photos or any content that is illegal
Users must not attempt to “hack” Instagram or other user’s accounts or transmit viruses or worms
Users are responsible for all content they post
All pretty standard really.
But…
“You must not use web URLs in your username without prior written consent from Instagram, inc.” – Instagram Basic Terms no.12
If you wish to create an Instagram account to promote a website or blog and plan to use the URL as a username, you must seek written permission from Instagram.
USERNAMES CONTAINING URLS
“You are responsible for any activity that occurs under your screen name.” – Instagram Basic Terms no.3
If someone hacks your account and posts inappropriate content (of the nature stipulated in previous slides), you will be held responsible and your account may be terminated.
Further to this…
ACTIVITY UNDER YOUR SCREEN NAME
“You are responsible for keeping your password secure.” – Instagram Basic Terms no.4
The implication here is that if you keep your password safe by changing it regularly and keeping it secret, your account should be safe from hackers
KEEPING YOUR PASSWORD SECURE
“Violation of any of these agreements will result in the termination of your Instagram account.”- Instagram Basic Terms no.15
VIOLATION OF TERMS = TERMINATION OF ACCOUNT
Also, while Instagram prohibits the posting of objectionable content, Instagram will not be held accountable for content posted which does violate the terms and users.
EXPOSURE TO OBJECITONAL CONTENT
Users must use the service at their own risk being aware that Instagram claims no responsibility over users being exposed to prohibited content.
GENERAL TERMS
Instagram has another section of more specific terms called ‘General Terms’
GENERAL TERMS
Noteworthy General Terms:
Instragram can shut down or change the service anytime it likes, potentially leaving users unable to access their content. (leads to no.7) - Instagram General Terms no.1
Instagram can alter their Terms of Use anytime they like. If Instagram believe the change as “material” (of significance) to users, they will notify users by email if you have opted to receive such updates in your account preferences.
- Instagram General Terms no.2
Instagram decide what constitutes a “material” change.
ALTERING TERMS OF USE
Instagram can force people to forfeit any username that becomes inactive, violates trademark or that “may mislead other users”. - Instagram General Terms no.4
Instagram can take your username if you happen to share the same name as a company that has trademark claim over that name. Even if you had it first. - Instagram General Terms no.6
USERNAMES
Instagram can “refuse service to anyone for any reason at any time”. Instagram decides who they can exclude from the service without needing to explain themselves.
- Instagram General Terms no.3
You may not upload unlawful, offensive, threatening, libellous, defamatory, obscene or “otherwise objectionable” content using Instagram’s services, but if you do, Instagram are not obligated to remove it.
PROPRIETARY RIGHTS IN
CONTENT ON INSTAGRAM
Finally, Instagram has a third section of terms called related to the “rights” of Instagram users
PROPRIETRY RIGHTS IN CONTENT ON INSTAGRAM
Instagram claims that they do not hold ANY ownership rights of content posted using the service, yet by posting something to Instagram the user is granting Instagram the right to use, modify, publically display etc. their content however Instagram sees fit (with the exception of content not shared publically).
While Instagram allow users to retain ‘ownership’ of the content, they reserve the right to do whatever they want with it.
You must not post any content that you do not own the copyright for or have permission of the copyright owner to use. You must pay all royalties and fees owing to the copyright owner of any licenced content you post.
Users are not allowed to not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content from other Instagram users.
Instagram will “normally” only delete content that violates their Terms of Use, however they reserve the right to delete your content without prior notice for any reason… even if you have not broken any law or violated any of the other Terms of Use.
Instagram “is not a backup service” and as such is not liable for any loss of user content whatsoever.
Hopefully this presentation has been a helpful explanation of Instagram’s Terms of Use
Please remember to always read the Terms of Use before signing up to a website or application
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