INSTAGRAM TOU -did you know that? The rights you grant to Instagram The Instagram Terms of Use appear to grant to the company a very broad package of rights. Of course, this includes the right to reproduce your images and videos, with basically no limita- tion, as long as it is part of the Instagram Service. (More below) The TOU also allows Instagram to sublicense the images at their will, and with no payment to you. This means that the photos can be lent, sold or leased to whomever the company choos- es, for whatever purpose they choose, as long as it is part of the Service. The TOU also allows Instagram to publish these images using your identity (if you are a person) or your brand (if you are a company.) Again, you exercise limited control over how this is done into the future. You also agree to allow Instagram to make use of the information it knows about you — who your friends are, what you like, who your customers are, where you go, what products you buy or research, where you shop, what organizations you belong to and more. Because Instagram is owned by Facebook, it can have access to all information that Facebook collects about you. And, again, you agree that you have limited control over how Instagram uses that information. You agree that you have secured permission (model, property and artwork releases) from any- one or anything in all photos, and that no photo violates any right of property or privacy. You also agree that you will pay Instagram’s legal bill if they — or anyone they sell the picture to — ever gets sued for the use of any of the photos. You agree that, if you are under 18, your parents have also agreed to all these grants of rights, and that your parents agree to assume any legal liability. You also agree that the company may change anything it wants about the Service at any point in the future, and these changes will not limit any of the rights you have granted above. Basi- cally, the Service may become anything that the company wants it to become. This might in- clude a subscription service, a feed for publishers, a publication (or many publications), a photo licensing service, an advertising agency, a data mine for security services — whatever. You agree that you will never participate in any class action suit against Instagram. The Instagram Papers — 7/25/2013 Page 7 You agree that you have granted these rights and protections to Instagram and its licensees forever, with no ability to terminate the agreement. I maintain that this is an extremely broad grant of rights, especially considering that you agree to the TOS in perpetuity, and that you agree to open-ended indemnification of the company. more... asmp.org/pdfs/InstagramPapers.pdf
Posted on: Thu, 15 Aug 2013 22:41:07 +0000
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