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If you have a computer, you’re probably on .
You’re networking with friends, adding personal details, storing your email address & cell phone number, uploading pictures, and much more.
But have you bothered to read Facebook’s Terms of Service (“TOS”) or Privacy Policy?
What legal relationship have you agreed to?
Who has access to your data and personal details?
Thanks to , I started asking these questions.
Then I waded through their terms and policies.
Here are some things I found.
1. The terms can change any time
This is probably standard for a website’s TOS, but this disclaimer jumps out toward the top of Facebook’s TOS:
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.
Since the rules can change at any time, you’re deemed to accept those changes by continuing to use the site.
Even if you didn’t know of the change.
Yeah, you’re the little guy in this relationship.
2. Personal use only
LinkedIn is all about jobs and business.
MySpace is full of profiles for companies and products.
But Facebook is supposedly only for personal use:
You understand that except for advertising programs offered by us on the Site (e.g., Facebook Flyers, Facebook Marketplace), the Service and the Site are available for your personal, non-commercial use only.
That theoretically means that only actual people can create profiles.
And you’re not supposed to profit from it.
But lots of charitable organizations have profiles, which doesn’t seem to fit the “personal” requirement to me.
But be especially careful if you’re thinking of creating a profi you might get banned.
3. A single, individual user account
Along the same lines, every user account is supposed to be tied to an individual person, not a group:
In addition, you agree not to use the Service or the Site to: … register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of
This also means that you can’t have two accounts on Facebook, in case you wanted to keep your alter-ego separate.
4. You’re giving up a HUGE license
Facebook thrives (in part) because of the content users post there.
But did you know that posting content gives Facebook a license to do whatever they want with your content?
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
In plain English, this means you’re giving up copyright control of your material.
If you upload a photo to Facebook, they can sell copies of it without paying you a cent.
If you write lengthy notes (or import your blog posts!), Facebook can turn them into a book, sell a million copies, and pay you nothing.
This deserves careful consideration!
5. Applications are NOT guaranteed safe
You might think that Facebook is watching your back with the security of third-party applications.
You’d be wrong:
[W]hile we have undertaken contractual and technical steps to restrict possible misuse of such information by such Platform Developers, we do not screen or approve Developers, and we cannot and do not guarantee that all Platform Developers will abide by such restrictions and agreements.
In other words, “installer beware.”
A malicious application developer could break through Facebook’s security protocols and expose your info.
That would probably be difficult to do, but Facebook wouldn’t have to take the blame.
6. Disputes are arbitrated under Delaware law
If Facebook does something horridly wrong and you want to sue, guess what?
You can’t (for most claims).
You’ve agreed to “final and binding arbitration” for resolving most disputes with Facebook.
I’d quote the language here, but it’s only interesting to us law geeks.
Suffice it to say, you probably won’t have a day in court with Facebook.
If you did, it would be in California (required by the TOS), and the court would follow Delaware’s laws.
That’s typical lawyering.
7. You surrender all submissions
Ever had a thought for a better Facebook?
If you send it to them, it becomes their property:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company.
This is probably typical of a large company.
But you might not send them your latest award-winning idea.
If you have something really great, keep it under wraps.
Heck, maybe come up with a formal business proposal and some way to skirt this legal term.
8. Privacy is NOT guaranteed
I’d think twice before posting really private things on Facebook. From their Privacy Policy:
[W]e cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
If somebody hacks Facebook, steals all your content and contact info, then does something nefarious with it, you have no remedy against Facebook.
The hacker would definitely be in trouble, but Facebook is the deep-pocketed corporation.
Besides, Facebook’s own third-party contractors might misuse your information:
We may provide information to service providers to help us bring you the services we offer. … Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the Facebook-specified purposes.
But most importantly, Facebook doesn’t guarantee your privacy:
Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, Marketplace listings or other items , this information may become publicly available.
If a company laptop is compromised, and all your personal data gets stolen, tough luck.
You were warned.
Anything else?
The Terms of Service and Privacy Policy for Facebook are long.
I’ve only covered a few points that really jumped out at me.
Do you have anything to add?
Also, if you think I misunderstood something, please correct me.
[tags]facebook, myspace, linkedin, social networking[/tags]
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July 21, 2007 by
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About Andrew Flusche
Lawyer, bicyclist, husband.
Popular Posts8 Things To Keep In Mind When You Have A Skype Job Interview
Mike Nudelman/Business InsiderHaving a good presence on video is more important than ever. More job interviewers want to see what you look like before meeting you, making Skype the next best thing.
Even prestigious schools, like , are using Skype to screen applicants during the application process.
Career coach Barbara Pachter outlines how to conduct yourself on Skype in her latest book
We pulled out the most important tips to ensure you make it to the face-to-face interview.
1. Test the equipment beforehand.
When it comes to technology, be ready for the unexpected. Start by making sure your Skype connection is working properly ahead of time.
"Five minutes before the start of a meeting is not the time to find out that you do not have any volume," warns Pachter.
2. Check your surroundings.
Do a trial run ahead of time to see what you look like on your Skype screen, and make sure your location has good lighting. "Be careful if you have a window behind you," advises Pachter. "If it is bright outside, you will appear as a dark silhouette." Always aim light at you from the front, not the back. Additionally, clear out any clutter in the background.
3. Try to eliminate possible interruptions.
"Make sure in advance that there will be no phones ringing and no people walking in and out of your room," says Pachter.
4. Don't become distracted by your own image.
A lot of people may find the small image of themselves in the corner of the chat window distracting. You don't want to be looking at yourself instead of the interviewer the entire time. To fix this, change your settings to disable your image showing up or simply cover up your image with a Post-It note.
5. Make sure your clothing is appropriate.
"Just because you are not meeting in person does not mean the interviewer or business associate cannot see what you are wearing," says Pachter. "And don’t assume only your upper body is showing. Dress professionally from head to toe."
6. Look at the camera.
Most people look at their computer screen while video chatting, since it's natural to want to look at the other person's face while speaking to them. However, this will make you appear to be looking down to your Skype partner. On the other hand, when you look directly at the camera, you will appear to be looking your contact in the eye.
7. Don't overgesture.
For whatever reason, Pachter says people tend to gesture too much when they are video chatting. This behavior is extremely distracting when on Skype because the other person can easily focus on your every move. Although this expressiveness may be acceptable in person, it may be too much when you fit it all in one window.
8. Smile often.
Being nervous can sometimes make you appear on video to be ultra-serious. Pachter advises relaxing and letting your personality shine through. You could try putting a Post-It note at the edge of your computer with the words "Smile" or "Relax" to remind yourself.
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International Editions:What were 5 things you wish you knew as a senior in high school? | A conversation
This conversation is closed.
What were 5 things you wish you knew as a senior in high school?
I am just now a rising senior in high school. I have too many questions to ask and not many answers, but I realize now that I am at a golden opportunity (not many responsibilities) in my life to make big changes and preparations for a successful life in the future. How can we avid teenagers reasy to take on the future better prepare for life?
My love life has been less than exciting. Despite putting in an inordinate amount of effort, I have, only this year gotten my first kiss, an endeavor which ultimately ended the first inklet of a relationship I ever had.
I have taken many leadership roles for clubs and a nonprofit organization that is working on a penpal program between China and the US.
I enjoy investing and learning about the stock market.
I play tennis and rock climb.
I enjoy Photography and Videography.
I enjoy hanging out with my friends.
The point of this whole description really was to express the diversity of my interests-- and presumably the diversity of everyone's interests--and to express my dilemma. Where should I focus my attention to best prepare me for the future? What five things that you know now looking back would you tell me? What five things do you regret doing or not doing looking back? Which aspects of your life do you wish you had focused on?
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