12/15/2021

Terms of Service - do you understand them?

I had probably better ask: do you read them at all?

Or do you just say: well, everyone else accepted them, so they surely must be OK.

If you ever tried reading them, kudos. If you followed through until the end (several hours later, I am sure), you are great. If you even understood them, you are a super hero! Or a lawyer :-)

In 2017, British lawyer Jenny Afia re-wrote the terms and conditions of Instagram, so Children could understand them. That was a great job. I wish someone would  (actually, the companies themselves, and if not them, the government, should) rewrite them in the same way for all other services and keep them updated.

There was an article about this in the Washington Post: https://www.washingtonpost.com/news/parenting/wp/2017/01/08/a-lawyer-rewrote-instagrams-terms-of-use-in-plain-english-so-kids-would-know-their-privacy-rights/

It did not stir much conversation, but I think it should have. The translation cannot be found anywhere these days, fortunately we have the Wayback Machine, and you can download the article from the Children's Commissioner of the UK here: https://web.archive.org/web/20170109013841if_/http://www.childrenscommissioner.gov.uk/sites/default/files/publications/Growing%20Up%20Digital%20Taskforce%20Report%20January%202016.pdf

I would encourage you to donate money to this valuable service. No, I am not affiliated, but it has helped my research tremendously on multiple occasions.

In case you want it easy and simple, here is the short "translation" by Ms Afia:

INSTAGRAM TERMS: Our Rules if you want to use Instagram

  1. You have to be 13 or over.
  2. Don’t post anything showing violence, or that might make other people feel scared, or
    any images that contain nudity.
  3. Don’t use anybody else’s account without their permission or try to find out their login
    details.
  4. Don’t let anyone else use your account.
  5. Keep your password secret.
  6. Don’t bully anyone or post anything horrible about people.
  7. Don’t post other peoples’ private or personal information.
  8. Don’t use Instagram to do anything illegal or that we tell you not to.
  9. If you want to add a website to your username, make sure you get permission from
    Instagram first.
  10. Don’t change anything about our website or applications, upload any type of virus or do
    anything that might interfere with the way Instagram works. Don’t send us ideas on how
    to improve Instagram.
  11. Don’t use any type of software or robot to create accounts or access Instagram, and
    don’t send spam or unwanted emails.
  12. Read our Community Guidelines and obey them when using Instagram.
  13. Don’t do anything that might affect how other people use and enjoy Instagram.
  14. Don’t encourage anyone to break these rules.

YOUR RIGHTS AND OUR RIGHTS

1. You have the right to feel safe using Instagram.

2. Officially you own any original pictures and videos you post, but we are allowed to use
them, and we can let others use them as well, anywhere around the world. Other people
might pay us to use them and we will not pay you for that.

3. You are responsible for anything you do using Instagram and anything you post, including
things you might not expect such as usernames, data and other peoples’ music.

4. It will be assumed that you own what you post, and what you post does not break the
law. If it does, and you are fined, you will have to pay that fine.

5. Although you are responsible for the information you put on Instagram, we may keep,
use and share your personal information with companies connected with Instagram. This
information includes your name, email address, school, where you live, pictures, phone
number, your likes and dislikes, where you go, who your friends are, how often you use
Instagram, and any other personal information we find such as your birthday or who you
are chatting with, including in private messages (DMs).
We are not responsible for what other companies might do with this information. We will
not rent or sell your personal information to anyone else without your permission. When
you delete your account, we keep this personal information about you, and your photos,
for as long as is reasonable for our business purposes. You can read more about this in
our “Privacy Policy”. This is available at: http://instagram.com/legal/privacy/.

6. Instagram is also not responsible for:

  • Links on Instagram from companies or people we do not control, even if we send those links to you ourselves.
  • What happens if you connect your Instagram account to another app or website, for instance by sharing a picture, and the other app does something with it or takes your personal details.
  • The cost of any data you use while using Instagram.
  • If your photos are lost or stolen from Instagram.

7. Although Instagram is not responsible for what happens to you or your data while you
use Instagram, we do have many powers:

  • We might send you adverts connected to your interests which we are monitoring. You cannot stop us doing this and it will not always be obvious that it is an advert.
  • We can change or end Instagram, or stop you accessing Instagram at any time, for any reason and without letting you know in advance. We can also delete posts and other content randomly, without telling you, for any reason. If we do this, we will not be responsible for paying out any money and you won’t have any right to complain.
  • We can force you to give up your username for any reason.
  • We can, but do not have to, remove, edit, block and/or monitor anything posted or any

accounts that we think breaks any of these rules. We are not responsible if somebody
breaks the law or breaks these rules; but if you break them, you are responsible. You
should use common sense and your best judgment when using Instagram.

8. Although you do not own your data, we do own ours. You may not copy and paste
Instagram logos or other stuff we create, or remove it or try to change it.

9. You can close your Instagram account by logging into Instagram and completing this
form: https://instagram.com/accounts/remove/request/. If you do, your photos, posts
and profile will disappear from your account but if anyone has shared your photos or
personal details, or if we have used them ourselves for any reason, they might still appear
on Instagram. We will also keep all the data we already have from you and can use it as
explained in paragraph 5 above.

10. We can change these rules whenever we like by posting an update on Instagram,
whether you notice it or not.

Still not exactly short, but a lot shorter than the original and understandable. As I said above, this version is from 2017, so it may not reflect the current state of affairs, but I doubt that the terms have "improved" since.

So, do read through it, then deiced if you want to keep Instagram. At least then you will do it consciously. And do the same for Facebook, WhatsApp and the likes. But there, I am afraid, there still is no "easy" version of their term.

Finally, if you do not understand the terms, do not use the service. After all, you would not sign a written contract without reading and understanding it first, would you? Really, would you?

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