Instagram

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Instagram may sell your personal information as part of a bankruptcy or merger

Per Instagram's terms: "If we sell or otherwise transfer part or the whole of Instagram or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy."

Topic: Business Transfers

Instagram's copyright license to use your content is overly broad

By agreeing to Instagram's terms, you grant Instagram "a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post." Sub-licensable means that Instagram has the right to transfer the license or to license it to others on their terms.

Topic: Scope of the copyright license

Claims against Instagram must be filed within one year after such claims arise, otherwise the claim is "permanently barred"

This clause appears in the "Time Limitation on Claims" section of Instagram's terms. It states: "You agree that any claim you may have arising out of or related to your relationship with Instagram must be filed within one year after such claim arose; otherwise, your claim is permanently barred."

Topic: Law enforcement and due process

You agree to defend and indemnify Instagram

Per the terms: "You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Instagram's request), indemnify and hold the Instagram Parties harmless from and against any claims, liabilities, damages, losses, and expenses." It continues: "You will cooperate as fully required by Instagram in the defense of any claim. Instagram reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Instagram."

Topic: Law and government requests

Instagram retains your content after you terminate or deactivate your account

Per Instagram's terms: "Following termination or deactivation of your account, Instagram, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes."

Topic: Right to leave the service

Instagram uses your personal information and user data to craft advertisements

The terms note that Instagram may use your information to "provide personalized content and information to you and others, which could include online ads or other forms of marketing."

Topic: Personal Data

Instagram may share information about your user habits with third-parties, including advertising partners

Per the terms: "We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms... We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you."

Topic: Cookies

You waive your right to participate in class action lawsuits against Instagram

Per Instagram's terms: "You may bring claims only on your own behalf. Neither you nor Instagram will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Instagram is a party to the proceeding." Additionally, Instagram stipulates that you may opt out of this agreement to arbitrate. "If you do so, neither you nor Instagram can require the other to participate in an arbitration proceeding. To opt out, you must notify Instagram in writing within 30 days of the date that you first became subject to this arbitration provision," according to Instagram's terms. To opt out, the terms provide this address: Instagram, LLC ATTN: Arbitration Opt-out 1601 Willow Rd. Menlo Park, CA 94025. "You must include your name and residence address, the email address you use for your Instagram account, and a clear statement that you want to opt out of this arbitration agreement," the terms stipulate.

Topic: Law enforcement and due process

Instagram assumes no liability; in states that bar such limitations, Instagram's liability caps at $100

Per Instagram's, terms: "UNDER NO CIRCUMSTANCES WILL THE INSTAGRAM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES)," even if these damages were foreseeable by Instagram and the result of negligence. These include damages related to security breaches. The terms note: "SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE INSTAGRAM PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00)."

Topic: Law enforcement and due process

Instagram may terminate your access for any reason, without notice, at any time, and without liability to you

Per Instagram's terms: "We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you... Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease."

Topic: Suspension and Censorship