facebook terms and conditions

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facebook Terms of Use (Statement of Rights and Responsibilities) James Cameron

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A policy primer outlining the major terms and conditions of the Facebook "statement of rights and responsibilities" as relates to the average user.

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Page 1: Facebook terms and conditions

facebookTerms of Use

(Statement of Rights and Responsibilities)

James Cameron

Page 2: Facebook terms and conditions

facebook

“I want to use the site, so I’m going to tick the “Accept” box anyway!”

Two usual responses to the lengthy and confusing Terms of Use document attached to a website are either –

“I can’t be bothered reading that!”or

“Meh”

Page 3: Facebook terms and conditions

facebookSome of the myriad, and still a multitude, of items of importance and interest to users of facebook are listed next.

Don’t spend long there; you don’t want a headache!

Page 4: Facebook terms and conditions

facebook Terms of Use(Statement of Rights and Responsibilities)

10. About Advertisements and Other Commercial Content Served or Enhanced by Facebook

1. Privacy

2. Sharing your Content and Information

3. Safety

4. Registration and Account Security

5. Protecting Other People’s Rights

6. Mobile and Other Devices

Special Provisions Applicable to - 9. Developers/Operators of Applications and Websites

7. Payments

11. Advertisers

16. Disputes

Page 5: Facebook terms and conditions

facebook

https://www.facebook.com/legal/terms

For the next couple of minutes, let’s review, in a statement and response style, some of the main points of the facebook

Terms of Use page, or as facebook calls it, the

“Statement of Rights and Responsibilities”.

Page 6: Facebook terms and conditions

Control?

Image CC cechandmate.com

“By using or accessing Facebook, you agree to this Statement”

https://www.facebook.com/legal/terms

Yes, you read correctly, by even just accessing facebook you are agreeing to abide by their entire Statement of Rights and Responsibilities.

Page 7: Facebook terms and conditions

Control?

Image CC cechandmate.com

https://www.facebook.com/legal/terms

4.1. “You will not provide any false personal information on Facebook or create an account for anyone other than yourself without permission”.

4.2. “You will not create more than one personal account” Fb

Why?Aren’t there some good reasons why I might want to hide my identity or have more than one account?

Page 8: Facebook terms and conditions

Control?

Image CC cechandmate.com

Well, facebook may say that the site is only as good as the genuineness of the users, but one reason which means huge amounts of money to facebook is that they will not be confused by repetitive, false, obscured or non-individual user data.

Having your profile mandated genuine and original (one-off), means that facebook can gather much reliable, unique and valuable data about you. This can be used by facebook, or sold by them to others, to allow for targeted and individual advertising programs for each user. You knew it was going to come down to money!

Page 9: Facebook terms and conditions

Control?

Image CC crystalstmarielewis.com

2. “You own all the content and information you post on Facebook” Fb

2.1 “You specifically give us the following permission … you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any IP content that you post on or in connection with Facebook”. Also Fb

What!

https://www.facebook.com/legal/terms

Page 10: Facebook terms and conditions

Control?

Image CC crystalstmarielewis.com

So, despite the fact that we own everything we post on facebook, we grant facebook permission to use any or all of our intellectual property (content and information) or anything we generate “in connection with facebook”, for free, in basically any way, shared with anyone they like, all over the world.

Still - what!

https://www.facebook.com/legal/terms

Page 11: Facebook terms and conditions

Safety / Harrassment

“Modern technology … has enabled would-be bullies to extend the reach of their aggression and threats beyond this physical setting through what can be termed cyberbullying, where tech-savvy students are able to harass others day and night using technological devices such as computer systems and cellular phones”.

Image CC cefai22.wordpress.com

Patchin & Hinduja, 2006 (p148)

Page 12: Facebook terms and conditions

Safety / Harrassment

3.2. “You will not collect users' content or information, or otherwise access Facebook, using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission” Fb

3. “We do our best to keep Facebook safe, but we cannot guarantee it” Fb

3.6. “You will not bully, intimidate or harass any user.” 3.7. “You will not post content that: is hate speech, threatening or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.” Fb

https://www.facebook.com/legal/terms

Image CC cefai22.wordpress.com

Page 13: Facebook terms and conditions

Safety / Harrassment

Excellent, no bullying, intimidation or harassment. Yay.No pornographic material (really though facebook, breastfeeding mothers?). No material that incites violence, no posting hate speech. YayNo nudity (what about artistic?). Nothing with graphic or gratuitous violence.

Is contrary material taken down in a timely manner? Deciding if material is contrary is still ultimately a judgment call on someone’s behalf though.

Facebook can’t guarantee safety. Fair enough, nobody can, really, and we have to be a bit savvy and take responsibility ourselves too.

https://www.facebook.com/legal/terms

Image CC cefai22.wordpress.com

And no harvesting users’ data and material by automated means – without facebook’s approval!

Good to know facebook has approved data miners.

Page 14: Facebook terms and conditions

Copyright

5. “We respect other people's rights, and expect you to do the same.” Fb

5.3 “We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page” Fb

https://www.facebook.com/legal/termsImage CC www.wikihow.com

That’s a nice sentiment. Just be aware though that facebook does not check your material’s copyright status for you. It “provide(s) you with the tools” to protect your intellectual property rights, but you have to do it. On the other hand, if you have infringed copyright and there is an upheld complaint, facebook will take down your infringing material.

Page 15: Facebook terms and conditions

Privacy

Image CC infospace.ischool.syr.edu

“it is our ability to control who has access to us, and who knows what about us, that allows us to sustain the variety of relationships we have with others.”

Lucas Introna, 1977 (p271)

Page 16: Facebook terms and conditions

Privacy

2. “you can control how … all of the content and information you post on Facebook … is shared through your privacy and application settings.” Fb

https://www.facebook.com/legal/termsImage CC infospace.ischool.syr.edu

Yes, the user can control who sees what of their content. This is good.Just be aware though that the default settings may allow a different level of exposure to what you are comfortable with.

Get to know the privacy settings and apply them to suit yourself.

Sometimes the settings are changed by facebook, so check back occasionally.

Page 17: Facebook terms and conditions

Privacy

In order to use the facebook mobile app, as usual you have to accept the terms and conditions. This allows the facebook app to use every bit of information on your device, and every bit of information it can get with your device. This includes pictures, videos, texts, contact lists, and phone calls. You also authorize the app to potentially make calls, take photographs and record audio with your device without further consent (on android devices). Facebook mobile app permissions

Image CC infospace.ischool.syr.edu

Be cautious and make a considered decision before using the facebook mobile app.

This is not to scare anyone: just be aware of what you are (potentially) allowing.

This is, notionally, to allow you to use those functions as you use the facebook app on your mobile device. It does appear intimidating though, and you have to trust “Big Brother” to not abuse your relationship (or your device)!

Page 18: Facebook terms and conditions

Special Provisions Applicable to Developers / Operators of Applications

and Websites

https://www.facebook.com/legal/termsImage CC designkultur.wordpress.com

9.2.9. “We can limit your access to data”.

9.7 “You will not show third-party adverts or web search boxes on www.facebook.com”.

9.16 “You give us the right to link to or frame your application, and place content, including adverts, around your application”.

9.17 “We can analyse your application, content and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search)”.

9.19 “We can create applications that offer similar features and services to, or otherwise compete with, your application”. Fb

Huh!

Page 19: Facebook terms and conditions

Special Provisions Applicable to Developers / Operators of Applications

and Websites

Image CC designkultur.wordpress.com

Just so we’re clear. This means if you have a website on facebook -

Facebook can

• Not let you put your own advertising up• Be able to shrink your site by framing it and

putting other ads and content around it• Completely analyse your site and all your data for

any reason including for targeting advertising or to duplicate your offering

• Choke your access to data

• Create its own webpage to duplicate yours and compete with it

Page 20: Facebook terms and conditions

About Advertisements and Other Commercial Content Served or Enhanced by Facebook

https://www.facebook.com/legal/termsImage CC www.photoree.com

10.1 “You give us permission to use your name, profile picture, content and information in connection with commercial, sponsored or related content (such as a brand you like), served or enhanced by us.

This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you” Fb

Aren’t I magnanimous? I allow facebook to let another company use my picture, all my details and my content, for free, in their commercial endeavours, and I let them pay facebook for the privilege. Aw, shucks. You are too!

Page 21: Facebook terms and conditions

Special Provisions Applicable to

Advertisers

https://www.facebook.com/legal/termsImage CC www.practicedock.com

11.3 “The amount you owe will be calculated based on our tracking mechanisms” Fb

11.5 “We will determine the size, placement and positioning of your adverts” Fb

A slightly one-sided relationship? I suppose that happens when you deal with a giant.At least you know where you stand!

Page 22: Facebook terms and conditions

Disputes

16.2 “you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind” Fb

https://www.facebook.com/legal/termsImage CC Scott:programs.wypr.org

16.2 “We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Facebook” Fb

16.3 “OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FACEBOOK WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS”. Fb

Pretty standard stuff

Aw c’mon facebook, $100USD Max?

Page 23: Facebook terms and conditions

Facebook. (2014). Statement of Rights and Responsibilities. Retrieved 18th October, 2014, from https://www.facebook.com/legal/terms

References

Introna, L. D. (1997). Privacy and the Computer: Why We Need Privacy in the Information Society. Metaphilosophy, 28(3),

Patchin, J. W., & Hinduja, S. (2006). Bullies Move Beyond the Schoolyard: A Preliminary Look at Cyberbullying. Youth Violence and Juvenile Justice, 4(2), 148-169.

Page 24: Facebook terms and conditions

Thanks for viewing

Image CC www.clipartlord.com

James Cameron