Created by Laura Capel for NET 303 - Internet Politics and Power - Curtin University

1. Policy Primer:
Instagram’s Terms of Use
Laura Capel | Curtin University

2. “ Capture and share the
World’s moments ”
http://instagram.com/#
Instagram is a mobile photo-taking and photo-sharing app, wrapped in a social
networking platform.
Instagram in 6 easy steps:
1. Take a photo
2. Add a filter, add your location
3. Post!
4. Share it to other platforms
5. Like and Comment on other photos
6. Follow other users/be followed
As of September 2013
Instagram had
150m
active users
(Rusli 2013)

3. As one of 150 million Instagram users, did you read the
Terms of Use when you signed up?
A survey conducted in Great Britain found that 93% of
people do not read the full terms when buying a
product or service online and therefore do not realise
the extent of the arrangements, rules, requirements
and standards they are agreeing to.
(Smithers 2011)

4. Instagram’s Terms of Use
In a nutshell
Effective January 19, 2013
Basic Terms
Your agreeable rights and responsibilities as a user
General Conditions
Instagram reserves the right to…
Rights
Your agreeable copyright and trademark rights (to protect Instagram and you)
Limitation of Liability
Indemnification
Arbitration
Governing Law
Entire Agreement
Territorial Restrictions
Specific legal provisions and
disclaimers which further
protect Instagram’s position
as a company
(Instagram 2013)

5. Instagram Terms of Use
Basic Terms:
What have I agreed to?
Among other terms, users are bound by the following:
•
•
•
•
•
You have consented to being over 13 years old
You will not post violent, nude, discriminatory or unlawful photos
You are solely responsible for your account
You will not defame, stalk, bully or harass other users
You will not submit unwanted commercial comments or likes (spam)
Whilst the particulars may vary, these terms are very common among online services
apps and social networking platforms.
(Instagram 2013)

6. Instagram Terms of Use
General Conditions:
What does Instagram have the right to do?
Instagram can at any time, without notice:
•
•
•
Modify or terminate the service as a whole
Terminate a user’s access
Change these terms of use (advance notice can be provided)
These terms ensure that the responsibility of a user’s online activity is placed solely
on the user, however also gives Instagram the option to modify the service or the
terms of use at any point.
(Instagram 2013)

7. Instagram Terms of Use
Rights:
Copyright Ownership
Instagram does not claim ownership of any content and expressly state that any content
posted by user is legally owned by that user. This seems fair, however the following clause
grants Instagram the right to use any content without consent:
•
The terms stipulate that users grant a ‘non-exclusive, fully paid and royaltyfree, transferable, sub-licensable, worldwide license’ to any posted content. Legal
terms such as transferable and sub-licensable actually enable Instagram to sell any
content posted on the service to Advertisers.
The clauses relating to copyright ensure that the Instagram brand is protected through
trademarking and licensing and appears to give users full ownership and control over their
content, yet loopholes mean your content is not as protected as you think.
(Instagram 2013)

8. Instagram Terms of Use
Rights:
Privacy
There are several clauses in the Terms of Use which refer to Instagram’s Privacy Policy, however
the following are most notable:
•
Instagram now reserves the right to share information with its newly acquired Parent
company, Facebook. Whilst Instagram have stated that it will solely improve function
between the two sites, it could be argued that this term would enable Facebook to better
target their advertisements with the help of photographs and other data from Instagram.
•
Instagram may also use any information such as usernames and photos in the interests of
delivering paid or sponsored content or promotions, without compensation.
Protecting your own content from Instagram is as easy as setting your profile to
private, however doesn’t that defeat the purpose of “capturing and sharing the world’s
content”?
(Instagram 2013)

9. What are the consequences of a breach of
Instagram’s Terms of Use?
Any form of non compliance with the Terms of
Use will result in your account being terminated.
It seems that the most common form of breach of
Instagram’s Terms of Use is through the posting of
nude, partially nude, inappropriate or sexually suggestive
photos. Nine times out of ten however, the user will simply
sign up again with a new username.
(Instagram 2013) (Instagramers.com 2011)

10. Criticisms against Instagram’s
Terms of Use
Instagram’s Terms of Use were updated in January 2013, with the announcement
of the update being given in December 2012. The announcement was met with
widespread criticism from existing Instagram users:
•
A new clause stated that users agree that any business may pay Instagram
for the ability to display any user’s username, likeness or any of their photos
without notice or compensation to the user.
•
The clause also did not allow the user to opt out of this agreement without
deleting their account.
The criticism from privacy advocates and celebrities, which drove many to delete
their Instagram accounts and switch to other services, was later reworded by
Instagram.
This suggests that Instagram was simply seeing what they could get away with…
(Pepitone 2012)

11. Terms of Use:
Always remember…
Terms and Conditions for online services are a
legal measure to ensure that the service provider
is neither responsible nor liable for any activity by
any user.
It is therefore paramount that you, the user,
understand all the terms you are bound by.
Next time, don’t just agree.
READ.

12. References
Horakzek, S. (2012). Instagram's New Terms of Service Make Lame Filters The Least Of User Worries. Pop Photo. Retrieved from
http://www.popphoto.com/news/2012/12/instagrams-new-terms-service-make-lame-filters-least-user-worries
Instagram Terms of Use. (2013). Retrieved from http://instagram.com/about/legal/terms/#
Instagramers.com. (2011). Pablo Almansa Removal Notification [Image]. Retrieved from
http://instagramers.com/destacados/mama-instagram-removed-my-account/
Pepitone, J. (2012, December 18). Instagram can now sell your photos for ads. CNN Money. Retrieved from
http://money.cnn.com/2012/12/18/technology/social/instagram-sell-photos/index.html?iid=s_mpm#comments
Rusli, E. (2013, September 8). Instagram Pictures Itself Making Money. The Wall St Journal. Retrieved from
http://online.wsj.com/news/articles/SB10001424127887324577304579059230069305894
Smithers, R. (2011, May 11). Terms and conditions: not reading the small print can mean big problems. The Guardian. Retrieved
from http://www.theguardian.com/money/2011/may/11/terms-conditions-small-print-big-problems
Background image used throughout:
1964Log. (2013). instagram_SS [Image]. Retrieved from http://1964log.blogspot.com.au/
The Instagram logo is trademarked and has been used to represent the service being discussed in this presentation. Instagram or
its affiliated company Facebook does not endorse or support this content.
All content used in this presentation remains the property of the owner – all sources have been referenced above.
Created by Laura Capel for NET303 – Internet Politics and Power (Curtin University).