Disturbing Facebook Terms

[Duchess]

Got a bug in my head and went scrounging up terms of service today and found some little not pleasant gems in Facebook.

But here it is cribbed from the Facebook Terms of Service on my own account. So those of you who do anything interesting and also share it on Facebook be aware of some changes in the terms. What ever you put on Facebook becomes their property forever. This is a pretty abrupt change from the standard social networking terms where what you post is usable by them until you unpost it but never their property. This isn't the entire Terms of Service but the parts that I found particularly disturbing....

You are solely responsible for the User Content that you Post on or through the Facebook Service. 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 ( to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and ( on or in connection with the Facebook Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

If you own or control a website, you may place Facebook's share link button, logo and/or text (a "Share Link"), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on the Facebook Service. By offering a Share Link on your website, you agree, represent and warrant that you will not place a Share Link on any page containing content that would violate these Terms if Posted on the Facebook Service. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Share Links from your website.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Facebook ("Submissions"), are non-confidential and non-proprietary. Facebook will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes; Complaints

You agree not to hold Facebook responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Facebook Service. This includes transactions conducted on the Facebook Service as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the Facebook Service, you release Facebook and its directors, officers, employees and agents (collectively, the "Facebook Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

If you believe that the Facebook Service or Facebook's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Facebook's legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the Facebook Service is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to indemnify and hold Facebook Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the Facebook Service or any of the applications, features, content or materials related thereto; ( violation of these Terms; © violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Facebook reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Facebook, and you agree to cooperate with Facebook's defense of these Claims.

[Kate Souris]

Wow....that's a little scary, isn't it?

[Red-Handed Jill]

I'll bet the T&C changed when that teenage girl committed suicide after being stalked through MySpace her by another girl's mother.

[hurricane]

Wow! You obviously have way too much time on your hands. :)

I've written similar terms for other clients in my web design world. Nothing really surprising here. It's my bat, my ball and my playing field. You don't have to play there -- I'm letter you do so for free, so I expect something in return. It's not that unusual these days. Content is worth money... don't like the terms, don't post.

Read the iTunes rules sometime -- I don't even bother these days. Don't plan to sue anyone and if they're that interested in what I have to say, I'm flattered.

-- Hurricane

[Rev.Sam]

Huh, I never caught that bit. INteresting...

[MadL]

Aye, Hurricane is correct. I have dealt with many an 'art forum' and 'gallery' for many years now and they are all th' same if ye look into their TOS (Terms of Service), in there somewhere is something stating that anything ye post they will have full right to. Much of it does indeed stem from various issues such as Red-Handed Jill points out (thou others not as grim).

I have watched as many communities have literally come'd unglued when someone brings such 'clauses in terms' up front for everyone t' read, watched as dozens upon dozens run off saying "I will never post here again" or "I will be seeking legal assistance if they use my stuff"....but as Hurricane says, they own th' playground and ye brought yer toys through th' gate.

I have yet t' hear o' anyone loosing their lively hood over it thou, mostly it is th' server/service owner seeking t' cover their own arses in case something bizarre breaks out some day.

I have hear many an argument over 'Fair Use' and other such laws, I have heard many people complain when they find out that their images are being used by others as 'Wallpaper' on personal computers when th' "poster" only gave permission for "personal use only" (But if ye put it on yer computer screen and someone looks over yer shoulder then ye are making it "public viewable"...seriously, someone actually stated that!)

The only legal advise t' completely and 100% cover yer own self: If ye do not wants others to have it, Don't Post It!

Hey, how else are th' lawyers gonna stay fed?

for that matter, I have found people bundling me own wallpaper images with their various 'theme' packages and claiming me own image as their own, back 1999 I made a screen saver (stupid little thing at that) called "Halloween99 Scream Saver", somehow PC World and a couple ISPs picked up on it and PC World even proclaimed it "Editor's Pick" and posted it over on their site - but gave credit to Someone Else...apparently th' person they them selves had acquired it from, despite me contacting them and showing there that embedded in the opening screen was MY Name and My E-Mail addy they still refused t' change their written credits.

About a year later I got a hate mail from someone stating that I had 'hacked into' their friend's Windows Theme and changed their name and addy with that of mine (it also had the URL to me Earthlink personal pages) - despite my explaining that it was indeed 'their friend' who had stolen My work the idiot continued for some time t' threaten me with legal action - Ya, right, knock yer self out!

Edited February 17, 2009 by MadL

[Duchess]

This was not part of the Terms when I signed up, as far as I can tell it was implemented in the most recent update. There was no notification to users or re acceptance of the ToS.

While use of anything you post is generally included in a websites ToS that right to use is typically terminated if the item is withdrawn from the site. This one is insane in its scope.

[Rev.Sam]

I guess facebook owns all my silly groups and msart then. LOL

[Red Cat Jenny]

Aye this has been all over the news , which is why I dont post anything I dont want shared without my permission. They should have given people the opportunity to delete stuff before they barred them from doing so.

[Quartermaster James]

What ever you put on Facebook becomes their property forever.

Not the I way I read it. You are only granting license, not ownership.

A very broad license, albeit, but not ownership.

[Brig]

Looks like enough folks had a problem with this that Facebook went back to the old policy.

[Salty]

bloody pirates.......

now i recall why i stayed away from social networking sites for the first 26 years of life, and why i am thinking to discoutinue all use of them after a very short time. I am never on them anyways, they are a waste of time and with all the games people play really not worth the efforts. It is a pity that people cannot use them as contact zones instead of posting major amounts of information, that they then cry about misuse when what they posted becomes the next hot news story.

Sorry just my twa pence and i will be discontinuing facebook even though it seems that they maintain a right to whatever I have upoaded. However, since i cannot recall the last time i even logged on, i doubt I will be missing thier services.

what this world needs to to go back to writting letters and actully talking...

ye ship's potter

salty