Facebook.com’s terms of service (TOS) was just updated less than 2 weeks ago.
Before the update, the TOS, provided that when you closed an account on FaceBook.com, any original content you uploaded to your FaceBook profile would expire.
No more.
Now, anything you upload to Facebook can be used by Facebook in any way they deem fit, forever, no matter what you do later.
If you close your account Facebook still has the right to do whatever it wants with your old content.
FaceBook can even sublicense your content, including your pictures, video’s, and your likeness:
“””””You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof.””””
That language is the same as in the old TOS, but there was an important couple of lines at the end of that section that have been removed:
“””””You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.””””
Furthermore, the “Termination” section near the end of the TOs states:
The following sections will survive any termination of your use of the Facebook Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Facebook Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Just so we are clear user content is defined by Facebook as “any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the Facebook Service.””
This is VERY important.
Please understand what rights you are giving away.
if you have children, make sure that they know and understand the ramification of placing photos, pictures and even the discussions they have on FaceBook.
As we all know or have heard, kids tend to put all sorts of Pictures and Videos up on social networking sites. Also children use Facebook for discussion groups and to chat back and forth.
Pictures, videos and even chat, can and will be picked up by the mainstream media if the person becomes famous for good or bad.
If you 14 year old kid puts up embarrassing pictures on FaceBook or a racy video, and then makes American Idol, or becomes the starting running back for the NY Giants, or becomes the CEO of a public company, expect that Facebook will license out these early moments to a tabloid or entertainment show.
Hell, Facebook can even use your or your kids likeness in national ads for FaceBook and you don’t get a dime. Maybe the kid never becomes famous but is just very cute or good looking. There image can be used or sold by Facebook for use anywhere, without any compensation.
Image if you or your kid becomes famous and Facebook uses your picture, maybe a flattering one, maybe a not so flattering one, in an ad campaign.
All perfectly legal.
This provision, can also be a major problem if you have “public” trouble in your, or your kids life.
If you get accused of crime of interest to the media, see how fast a Facebook sells off pictures or videos of you or your kids to the media.
Finally you should be aware that under FaceBooks.com Term of Service, Facebook can close your account at any time, for any reason, without notice:
“””””””We may terminate your account on the Facebook Service, delete your profile and any User Content you have Posted on or through the Facebook Service, and/or prohibit you from using or accessing the Facebook Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice.””””
That’s insane.
Is there a facebook group, or otherwise, set up to get them to back down?
In all reality, what are they going to do with a picture of me and some friends or family? I’m not too worried about it. Although, I do photography part time and have alot of nature images on the site. That said, they are probably very limited in what they do with them as the files are not big enough to print. Copy and paste them somewhere yes.
It is a bit extreme but I cant see then doing much with this information.
I think it is crazy having this in the TOS but Im sure some lawyer sitting in an office thought this would cover there ass someday in the future.
I wont lose any sleep over it but Im glad you brought it to peoples attention Mike, It might effect what some people post.
Regards,
Robbie
good post. thanks for sharing.
but I am sure the facebook team would not do anything that will harm the customers… or else they might be sued.. and face big problems
These TOS are draconian, and should not be merely brushed away with a wave of a hand or minimized.
As you point out, in the years to come many bad things are going to happen to people as a result of their using such “services.”
Just one more important reason I don’t–and never will–use Facebook or their ilk.
I do wonder, however, if minors are able to legally “accept” such TOSs.
Thanks for the warning.
Jessy
Now that you mentioned it, you can’t sue FaceBook.com, over these issues
Also contained in their Terms Of Service, you agree to binding arbitration in California or by binding arbitration, without appearance if you don’t want to go to California on all matters covered by the Terms Of Service.
“You agree that all claims and disputes between you and Facebook that arise out of or relate in any way to the Terms or your use of the Facebook Service will be resolved either by (a) binding arbitration by a single arbitrator in Santa Clara County, California or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission.”””
Bottom line, you cannot threaten Facebook with suit.
They own your content.
If you fine with that, so am I.
But don’t think you can rely on the courts or threatened court action to make Facebook “do the right thing”
Steve
Interesting question, whether a minor can accept Terms Of Service.
It has long been the law the all contract involving minors a “voidable”, so if you 15 year old goes to the car dealer and signs a contract for a car, the dealership will not be able to enforce it in a court of law.
According to the Terms of Service you must be at least 13 to use FaceBook and Facebook does post the following:
“”If you are between 13-17, we strongly suggest that you seek parental consent to use the Facebook Service””
Thank you for the heads up Michael.
I am a Facebook user, and never got a notice to agree to these “new” terms…. how does that work?
Don’t they have to have you agree to new terms when they are put in place?
Jamie
When you sign up, you agree to the Terms of Service.
Included in the The Terms of Service:
“””We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice.”””
“”” Your continued use of the Facebook Service after any such changes constitutes your acceptance of the new Terms.””””
So they can change the terms of service, anytime they want, without notifying you.
These terms changed on Feb 4th.
So if you used Facebook anytime since Feb 4th, your use constituted acceptance of the new terms and even if you cancel your account now, all your content now belongs to them.
It’s good to be the king.
Seems pretty dirty, but it’s in the writing nobody reads……
If this world was “right”, you should have to agree to new terms No Matter What IMO after any change of TOS.
It’s like signing up for a cell phone service at $50 a month, but then they change the service to $150 a month. If you place a call after the TOS change, you agreed to the new TOS and are stuck with the new $150 charge in the new TOS….
Jamie
I think cell phone service is different because you enter into a real, hard contract, rather a simple terms of service for using a site
So MHB,
Wouldn’t this leave the FED’s (any branch) an
opportunity to “obtain” lots of info on ” persons
of suspect ” , IRS info on individuals, etc.
I don’t believe they need to file a Freedom of
Information letter either at FaceBook??
I gotta believe the FED’s have people who
do nothing all day but surf for people, business
ideas and such. Heck, they probably read
your blog. GOOD, maybe one of them will
learn the domain business.
Thanks MHB,
Ed – Michigan
The TOS for Facebook may apply within the United States, but there are several countries especially in Europe which will not accept such TOS. In some Country’s inside Europe It is seen to be against the law by just putting certain terms of service on Website.
Microsoft has had to pay big bucks because of such behaviour and the European parliament will not put up with such terms. If you are a resident inside the European Union it does not matter if you agreed to the certain terms from such websites like Facebook. If the terms presented by Facebook are not confirm with Internet law inside Europe and a user brings such a issue to court, then a site like Facebook could be fined with several million euros.
Microsoft has been there more than once and ended up being fined several 100 million Euros.
Some of these social sites should be very cautious where and how the present there terms of service.
Different countries , different rules.
The only information that should be not deleted is content that is added after the TOS has been updated. The content that has been uploaded prior to the TOS update should be ‘grandfathered’ in on that TOS. Correct me if I’m wrong..?
Richard
The issue is that 95%+ of Facebook users don’t even know that the TOS changed 2 weeks ago, since Facebook did not let them know.
What content the new rules would apply to is another question.
A question that is going to be very expensive for someone to challenge.
UPDATE
Facebook.com has now issued a statement defending the change to the Terms of Service on their blog:
http://blog.facebook.com/blog.php?post=54434097130
Pretty uncompelling if you ask me.
Basically they say, trust us to do the right thing with your content.
Yeah right.
If you don’t have plans to use the content why do you take ownership of it and give yourself the right to re- license it or use it in any way you desire?
I agree Michael what a joke, this is clearly for tabloids and paparazzi in the future. How many upcoming celebs use Facebook, or American IDOL wannabe’s. They want someone to get popular and sell to People magazine or TMZ.
EXCELLENT POST, Thank you
UPDATE
Facebook has now suspended the new TOS in response to public outcry.
You can read about this on our new post here:
http://www.thedomains.com/2009/02/18/facebook-backs-off-new-terms-of-service/
I was wondering, while viewing a video in vimeo, the sponsored ad was a picture of my facebook profile pic and my name was written on an ad of an email site. What could be the possible reason for this? Somehow connected with this huh?
Btw, great post!
Hi:} I can’t login into facebook, it won’t accept my password, and now I don’t have one. and now facebook won’t respond to me. I have 6 messages from facebook friends, two are from my brother, and I can’t answer them:{ I have two brothers on face book. I tried to email mark zuckererg designer of face book, but it failed. don’t contact facebook, unless you’re related to someone there. could some one please give me some advice:} Thank you:}
And I’m at work using http://accessexists.com
Everyone thinks these “terms and conditions” are extreme BECAUSE they dont realize who facebook really belongs to. Yet they have gotten people to mark EXACTLY where they are at given times and tell exactly what they do frequently. What upholds facebook? What backs it up? Who really wants to know the business inside the private lives of ordinary people? Social networks are the easiest way ..
Thanks for sharing information. Its not imaginable how much stuff facebook have from people all around the world. My question is what they will do with information after person death? Anyone knows?