- As a first point, the changes of terms is designed to bring them more into line with industry standards for these types of documents. Part of the changes is tidying up the structure and wording, and some of it is expanding the terms, and part of it is introducing new things to the terms.
- How one ‘demonstrates’ consent to these new terms (ie that you ”agree to be bound” by the new terms) now if you access or use instagram.com (or instagr.am), the Instagram service or any of it’s applications after the commencement date you of use. If you don’t like them, “… do not access or use the Service.”
- Also now you can be kicked off Instagram for a breach of any part of the terms (Basic Terms 17). The new terms also outlines what happens to your account once it is deactivated (whether by them or by you); all of your content, comments, likes, friendships and your data become inaccessible, but “… may persist and appear within the Service” (General Conditions 1). Instagram cites where your content has been reshared by others as an example where this may happen.
- And they can reclaim your username “for any reason” (General Conditions 5) now, not just for account inactivity, violation of trademark, or if your username may mislead other users.
- New terms restrict the use of you account, in particular restricting you from giving or selling access to your account (Basic Terms 3), or using someone else’s account (Basic Terms 4).
- You could never post nude, partially nude, or sexually suggestive photos, but the content no-no list has been expanded to prohibit “unlawful” and “infringing” content as well as content that is is violent or hateful (Basic Terms 2); pornographic (Basic Terms 2); or discloses private or confidential information (Basic Terms 6).
- And while we’re on content, the new content licence expands Instagram’s rights to reuse you content so they can let third parties use your content (the new licence you grant them is transferable and sub-licensable). And now this includes private content too.
- And the one that everyone has been talking about: the new terms significantly broaden advertising possibilities on Instagram. No real surprises there since Facebook is full of advertising. While I had never experienced advertising on the service the old terms allowed Instagram to ”… display advertisements and promotions” and that you consent that such content may be placed “… on the Instagram Services or on, about, or in conjunction with your Content” (Proprietary Rights in Content on Instagram 2 – original terms). Part of what makes Facebook advertising work (or so they say) is the social aspects; seeing who of your friends have interacted with content that has been paid for. Basically the new terms seek to bring in a similar advertising model to Facebook. As part of “… deliver[ing] interesting paid or sponsored content or promotions” that “actions you take” in relation to paid or sponsored content such as ‘loving’ a photo could mean your “username, likeness, [and/or] photos (along with any associated metadata)” might be displayed with the such content and if it is, you will not be compensated.
- Possibly the most interesting move, and most concerning if you ask me, is that under the new terms, “You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such” (Rights 3). As I said in my initial thoughts, I will be keenly watching to see how this plays out and if it conflicts with consumer protection laws in relation to advertising.