UPDATE 19th Dec: Instagram co-founder Kevin Systrom posted a blog last night pledging to reword the offending policies. My original blog post follow.Just over two years ago, in May 2010, Mark Zuckerberg was accused of calling his first few thousand users “dumb f*cks” for the trust they placed in him (before you ask why I censor this, my nine year-old boy reads this stuff sometimes). It seems that perhaps someone else in the corporate machine that is now Facebook could be hoping for similar from their recently acquired Instagram user base.
The agreement says that Instagram will have;
“a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels“
They claim the further right…
“you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you”
And to make sure they’re covered for any minors using the service, those minors are informed that…
“If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision”
and finally, just in case you didn’t get the point (my emphasis):
“None of your Content will be subject to any obligation of confidence on the part of Instagram, and Instagram will not be liable for any use or disclosure of any Content you provide”
If you carry on using the service after 16th January 2013, you will be subject to these new terms.
Arguably, Facebook has reached a critical mass whereby it can get away with almost anything, including asking it’s members to vote away their voting rights. Instagram on the other hand, has not.