Facebook users - especially Irish ones

Subject: RE: Facebook users - especially Irish ones
From: CarolC
Date: 17 Apr 09 - 09:28 PM

They're wrong when they say that what the are doing is unique in the history of the internet.

Subject: RE: Facebook users - especially Irish ones
From: CarolC
Date: 17 Apr 09 - 09:25 PM

And more...


Response to Comments on Statement of Rights and Responsibilities
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Wed 12:07pm
Introduction

Thanks for taking the time to read and give feedback on the proposed Statement of Rights and Responsibilities. Your involvement in this notice and comment period has been unique in the history of the Internet and your insights and perspectives have been really valuable.

As we reviewed each of your comments (and we read them all) we reconsidered the language we had written. Today, we are releasing a revised Statement of Rights and Responsibilities that reflects many changes based on your comments. And even where we did not make changes, we want to explain to you our reasoning for not doing so. (In fact, many of your comments asked for explanations rather than for changes.) Here's a list of the topics that sparked the most debate in the Virtual Town Hall, and our take on them:

Section 2:

A number of our users, and organizations such as the Association of Photographers and the British Association of Picture Libraries, were concerned that we were asserting ownership of their content, and wanted to better understand the scope of the license grant they were giving to us. In particular, some users felt that the license enables us to do whatever we want with their content. In our latest version, we try to make it clear that you continue to own your content, and that we have only asked for those rights that we need to provide our services and features. To that end, the license is no longer irrevocable or perpetual; the license now ends when a user deletes their content or their account. In addition, we give users control over their content by making it subject to their Privacy Settings. This means, for example, that if you set your Privacy Settings so that only your friends can see a photo, we cannot show that photo to anyone but your friends. The following is a list of specific comments and questions that our users raised concerning section 2, along with our responses:

What is this license going to be used for?

A "license" is just a legal term for permission to do something, and we are simply asking for your permission to use your content in the ways set forth in this Statement and the Privacy Policy. Some examples of things we use the license for are: displaying and distributing your photos to the friends you want us to show them to; modifying or reformatting your photos so we can display smaller versions of them (such as your profile picture or when we display your photos on small devices like mobile phones); making copies so that we can have backups in case one of our servers goes down; and using your trademark in connection with the ads you place. We have more examples of how we use and share your content in our Privacy Policy.

Will Facebook take my creative works and use them for profit?

A number of users raised concerns similar to the following comment: "I am an artist. This section makes me nervous. Does this mean that Facebook plans to sell the artwork, photos or music that I post?" Facebook has never sold its users' creative works, and has no intention of doing so in the future. But you should be aware that Facebook does try to derive revenue from its website – such as through advertising – and your content appears on our website. That said, this section limits our use of your content in two important ways that protect you. First, the rights you give Facebook are "subject to your Privacy Settings." This means, for example, that if you set your privacy settings so that only your friends can see a photo, we cannot show that photo to anyone but your friends. Similarly, if you opt out of Social Ads in your Privacy Settings, we will respect your decision. Second, the license you give us ends when you delete your copyrighted content. This means that the minute you delete it, we will no longer use your content except in the ways we articulate in section 2.

How will Facebook use, share, and store my content?

Facebook needs the right to use, share, and store your content in order to provide Facebook to you and your friends. Our Privacy Policy explains what content we use, share, and store, and includes a number of examples (as do some of our responses to this section). In addition, your Privacy Settings give you the ability to direct and control how we use and share your content.

Why does Facebook need permission to sublicense or transfer content to a third party?

We couldn't enable lots of functionality on Facebook if you didn't give us permission to sublicense or transfer content to third parties. For example, in order to view content on your mobile phone we may need to transfer that content to your mobile carrier and give them a sublicense so they can show it to you.

Why does Facebook need to create derivative works from my content?

We included this language in case any of the content on Facebook is considered to be a derivative work, such as when we place your profile picture next to other content, like stories about the actions you take on Facebook.

Why can't Facebook notify me every time it makes use of the license?

Unfortunately, our system cannot distinguish between copyrighted content and other content, so we would have to notify you every time your content was displayed. Given the amount of content that is shared on the site every day, we believe it would be a bad user experience to notify users every time their content was shared.

Why doesn't Facebook use one of the Creative Commons Licenses?

In some ways the license grant in the Statement is more limited than the Creative Commons licenses. For example, the Creative Commons licenses are all perpetual. In addition, the Creative Commons licenses require attribution "in the manner specified by the author" and contain other restrictions (such as including Uniform Resource Identifiers) that we do not believe are feasible in a system with more than 175 million active registered users.

Why does Facebook need to keep backup copies that include my content even after I delete it (or delete my account), and how long will Facebook keep it?

We keep backup copies in case we have a problem with one of our servers and need to restore it. Because of the way we store those backup copies, it is not possible for us to remove specific content from them. We typically keep backups for no longer than 90 days (unless otherwise required by law).

If I allow a third party to have access to my content, and then I delete that content, how can I make sure they will stop using it?

Consistent with our principle of "Ownership and Control of Information," Facebook empowers users to take their content wherever they want. However, it is the user's responsibility to only give their content to third parties that they trust. Whenever you give a third party access to your content, you should carefully review their terms of service to make sure that you can trust them to stop using your content when you delete it from Facebook.

What is the difference between deactivating my account and deleting my account?

You can learn more about the difference between deletion and deactivation by reading our explanation here.

The word "generally" in section 2.2 should be deleted.

We agree. We have deleted the word "generally" from that section.

Section 3:

Many users expressed a desire to help us enforce our safety measures, and the truth is, you are already a very important of this process. We receive and read thousands of reports from our users everyday. Users also wanted us to clarify some of the restrictions in section 3 that were designed to keep our users safe. The following is a list of specific comments and questions that were raised in the Virtual Town Hall:

Why does Facebook ever give permission to use automated means to obtain user information?

We allow some third parties, including developers and Connect sites, to obtain user information using automated means such as our APIs so that they can help provide relevant services to you. But we only allow them to obtain your information through approved means that are designed to protect you.

Why does Facebook prohibit nudity?

It is very difficult to draw the line between what is artistic (or otherwise appropriate) and what is not. To make it easier for users to comply with this Statement, we decided to give users a bright-line rule.

Does this restriction on promoting alcohol or mature content apply to my user-generated content?

We intended this requirement to apply only to advertisers and applications, and have clarified this in the revised Statement.

Sections 4 and 6:

Users were concerned that we might terminate their accounts if they do not keep their contact information current. The following response to your comments should clarify our position on this:

Which contact information needs to be kept up to date, and what are the consequences for failure to do so?

By contact information we mean your name, contact email, mobile telephone number, and any other information you provide that we could use to contact you. We may disable any user's account if we find their contact information is inaccurate, but typically only take action when users are causing problems on Facebook.

What does the term "promptly" in section 6.2 (updating your cell phone number) mean?

By promptly we mean as soon as possible, but no later that 48 hours. We agreed to include this section when we settled a class action brought by people getting charged for text messages intended for Facebook users.

Section 5:

Users wanted to better understand some of the restrictions we place on the content they can post on Facebook. Here are some of the specific issues that were raised:

What is the term "similar content" in section 5.8 (posting personal information) intended to include?

We are referring to similar types of sensitive information, such as passport numbers, national identity numbers, and other people's financial information.

Does section 5.6 (Facebook's IP rights) mean I cannot ever use the word Facebook?

What we mean here is that you may not use any of these words in a way that infringes our trademark rights. But it does not prevent you from making a nominative or fair use of those words, like telling people "I have an account on Facebook."

Section 8:

Users wanted to know if this section applied to them. This section gives websites (and other third parties) the right to include our "Share Link" button to enables users to share the content on their sites. It was not intended to apply to users sharing that content on Facebook.

Section 9:

Users also wanted to know if this section applied to them. This section was intended to apply only to developers of applications and operators of Connect sites, and not other users. That said, users had a number of questions as to how this section might impact them. Here are our responses:

Why doesn't Facebook insist that applications not only make it clear how they are going to use data, but also what data is going to be used?

We agree. We have made this change to the revised Statement.

How can I control the information that an application gets about me when my friend adds it?

Response: You can control the information the application gets through this Privacy Setting.

Are developers who violate section 9.2 (developer use of user data) obligated to delete my data?

Developers that violate this section are in breach of the Statement. We consider any breach of this section a serious matter. If a developer breaches section 9.2, we can (among other things) disable their application and require them to delete all data they received from us.

Why doesn't Facebook audit every application?

We unfortunately do not have the ability to control third-party applications, and cannot guarantee they are completely safe. However, if you feel that a particular application violates this Statement, please let us know by going to the application's About page and clicking "Report Application."

Does this section make users "third party beneficiaries" to Facebook's relationship with developers?

No. We have clarified this in the revised Statement.

Section 10:

Users seemed to understand that we need to generate income to provide our services, and one of the best ways to do that is by allowing advertisements on the site. But users, and organizations such as the Center for Digital Democracy, did express some concerns:

How can I limit Facebook's use of my content in Social Ads?

We provide a very transparent opt-out approach that allows you to easily tell us when you do not want to appear in Social Ads. You can do that by visiting this Privacy Setting.

Does Facebook provide information about me to advertisers?

Facebook does not give information about you to advertisers without your consent. When an advertiser creates an ad on our site, we give them the opportunity to narrow the audience by selecting, for example, the location, age, sex, and education of the users that they feel might be most interested in their products or services. They can also type in keywords you might have used on the site. Once the advertiser places the ad, we serve the ad to users that meet the advertiser's criteria. But we never give your name or other information about you to that advertiser without your consent.

Does Facebook allow advertisers to masquerade as a user and collect other users' information?

No.

Facebook should always be transparent about which communications are commercial in nature.

We believe there is a difference between advertisements (which we always try to label as sponsored) and other commercial content. For example, you can become a fan of a product, and your friends may get notified about that. That may be commercial content, but it is not an ad. And because the commercial nature of the content is usually pretty obvious, we don't see a need to label it as sponsored or commercial.

Section 12:

How will Facebook notify me of any changes to this Statement that require a vote?
We will notify users of any change requiring a vote on the Facebook Governance Page. If you would like to receive automatic notifications of changes that we make, all you have to do is become a Fan of that page.

Other Comments:

Users had a number of other comments, some of which did not relate to just one section. We address those here:

Which countries' laws do I need to comply with?

You are bound by the laws of the country that you live in. You may also need to comply with the laws of other jurisdictions, including the laws of the United States (because our headquarters are based in the U.S.).

How are sections like 4.3 (embargoed countries) consistent with the "One World" principle in the proposed Facebook Principles?

As we state in the Principles, our principles are constrained by limitations of applicable law.
What do you mean by Facebook's affiliates?

We intended this definition to include our existing and future subsidiaries, as well as other entities that we directly or indirectly control (such as joint ventures).

Conclusion:

We hope you find these responses helpful, and hope that we have addressed all of your concerns. Your trust is extremely important to us.

Subject: RE: Facebook users - especially Irish ones
From: CarolC
Date: 17 Apr 09 - 09:24 PM

And more...


Statement of Rights and Responsibilities
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Wed 12:13pm
This Statement of Rights and Responsibilities ("Statement") derives from the Facebook Principles, and governs our relationship with users and others who interact with Facebook. By using or accessing Facebook, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on Facebook. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on Facebook, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with Facebook, you agree to the following:

2.1 For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
2.2 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
2.3 We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep Facebook safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

3.1 You will not send or otherwise post unauthorized commercial communications to users (such as spam).
3.2 You will not collect users' information, or otherwise access Facebook, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3.3 You will not upload viruses or other malicious code.
3.4 You will not solicit login information or access an account belonging to someone else.
3.5 You will not bully, intimidate, or harass any user.
3.6 You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
3.7 You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
3.8 You will not use Facebook to do anything unlawful, misleading, malicious, or discriminatory.
3.9 You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

Facebook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

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 use Facebook if you are under 13.
4.3 You will not use Facebook if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
4.4 You will not use Facebook if you are a convicted sex offender.
4.5 You will keep your contact information accurate and up-to-date.
4.6 You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
4.7 You will not transfer your account to anyone without first getting our written permission.

5. Protecting Other People's Rights

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

5.1 You will not post content or take any action on Facebook that infringes someone else's rights or otherwise violates the law.
5.2 We can remove any content you post on Facebook if we believe that it violates this Statement.
5.3 We will 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.
5.4 If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5.5 If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5.6 You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Wall and 32665) without our written permission.
5.7 If you collect information from users, you will: obtain their consent, make it clear you (and not Facebook) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
5.8 You will not post anyone's identification documents or sensitive financial information on Facebook.

6. Mobile

6.1 We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
6.2 In the event you change or deactivate your mobile telephone number, you will update your account information on Facebook within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

7. Payments

If you purchase or use Facebook Credits, or make direct payments, you agree to our Payments Terms.

8. Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:

8.1 We give you permission to use Facebook's Share Link button so that users can post links or content from your website on Facebook.
8.2 You give us permission to use such links and content on Facebook.
8.3 You will not place a Share Link button on any page containing content that would violate this Statement if posted on Facebook.

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

If you are a developer or operator of a Platform application or a website using Connect ("application") or otherwise use Platform, the following additional terms apply to you:

9.1 You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Platform Guidelines.
9.2 When users add your application or connect it to their Facebook account, they give permission for you to receive certain data relating to them. Your access to and use of that data will be limited as follows:
9.2.1 You will only use the data you receive for your application, and will only use it in connection with Facebook.
9.2.2 You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
9.2.3 You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings without the user's consent.
9.2.4 You will delete all data you received from us relating to any user who removes or disconnects from your application unless otherwise permitted in our Platform Guidelines.
9.2.5 You will delete all data you received from Facebook if we disable your application or ask you to do so.
9.2.6 We can require you to update any data you have received from us.
9.2.7 We can limit your access to data.
9.2.8 You will not transfer the data you receive from us without our prior consent.
9.3 You will not give us data that you independently collect from a user or a user's content without that user's consent.
9.4 You will make it easy for users to remove or disconnect from your application.
9.5 You will make it easy for users to contact you. We can also share your email address with users.
9.6 You will provide customer support for your application.
9.7 You will not show ads or web search boxes on Facebook profiles.
9.8 We give you all rights necessary to use the code, APIs (along with all content and data received), or tools we provide to you, but only in connection with your application.
9.9 You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
9.10 You will not misrepresent your relationship with Facebook to others.
9.11 You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Platform Guidelines.
9.12 We can issue a press release describing our relationship with you.
9.13 You will comply with all applicable laws. In particular you will (if applicable):
9.13.1 have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
9.13.2 comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with Facebook user data subject to the VPPA. You acknowledge Facebook has no obligations under the VPPA.
9.14 We do not guarantee that Platform will always be free.
9.15 You give us all rights necessary to enable your application to work with Facebook, including the right to:
9.15.1 incorporate your content into streams, profiles, and user action stories;
9.15.2 link to or frame your application; and
9.15.3 place content, including ads, around your application.
9.16 We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
9.17 To ensure your application is safe for users, we can audit it.
9.18 We can create applications that offer similar features and services to, or otherwise compete with, your application.

10. About Advertisements on Facebook

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

10.1 You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
10.2 We do not give your content to advertisers.
10.3 You understand that we may not always identify paid services and communications as such.

11. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on Facebook or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):

11.1 When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
11.2 You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
11.3 Your ads will comply with our Ad Guidelines.
11.4 We will determine the size, placement, and positioning of your ads.
11.5 We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
11.6 We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
11.7 You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
11.8 You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
11.9 Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
11.10 We can use your ads and related information for marketing or promotional purposes.
11.11 You will not issue any press release or make public statements about your relationship with Facebook without written permission.
11.12 We may reject or remove any ad for any reason.

If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:

11.13 You warrant that you have the legal authority to bind the advertiser to this Statement.
11.14 You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

12. Amendments

12.1 We can change this Statement so long as we provide you notice through Facebook (unless you opt-out of such notice) and an opportunity to comment.
12.2 For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
12.3 If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
12.4 We can make changes for legal or administrative reasons upon notice without opportunity to comment.

13. Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Facebook to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.10, 11.13, 11.14, and 13-16.

14. Disputes

14.1 You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Facebook in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
14.2 If anyone brings a claim against us related to your actions or your content on Facebook, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
14.3 WE TRY TO KEEP FACEBOOK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FACEBOOK "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FACEBOOK WILL BE SAFE OR SECURE. FACEBOOK IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FACEBOOK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FACEBOOK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FACEBOOK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Definitions

15.1 By "Facebook" we mean the features and services we make available, including through (a) our website at www.facebook.com and any other Facebook branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
15.2 By "us," "we" and "our" we mean Facebook, Inc. and/or its affiliates.
15.3 By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Facebook and provide data to us relating to Facebook users.
15.4 By "content" we mean the content and information you post on Facebook, including information about you and the actions you take.
15.5 By "post" we mean post on Facebook or otherwise make available to us.
15.6 By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

16. Other

16.1 This Statement makes up the entire agreement between the parties regarding Facebook, and supersedes any prior agreements.
16.2 If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
16.3 If we fail to enforce any of this Statement, it will not be considered a waiver.
16.4 Any amendment to or waiver of this Statement must be made in writing and signed by us.
16.5 You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
16.6 All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
16.7 Nothing in this Agreement shall prevent us from complying with the law.
16.8 This Statement does not confer any third party beneficiary rights.

Subject: RE: Facebook users - especially Irish ones
From: CarolC
Date: 17 Apr 09 - 09:21 PM

Here's some from another page...

Response to Comments on Facebook Principles
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Wed 12:16pm
Introduction

Thanks for taking the time to read and give feedback on the proposed Facebook Principles. Your involvement in this notice and comment period has been unique in the history of the Internet, and your insights and perspectives have been really valuable.

First, we want to make very clear the purpose of this document. Some of your comments had to do with the use of the word "should" instead of "will," and a few of you asked how Facebook plans to enforce these Principles. Unlike the Statement of Rights and Responsibilities, which is legally binding, the Facebook Principles are meant to provide a general foundation for how Facebook is governed. They reflect the philosophy and values to which we aspire rather than specific commitments between Facebook and our users.

Still, we take these Principles very seriously and will use them as the guiding framework for all future product and policy decisions. Because the Principles are aspirational goals, however, we might not always achieve them. When this happens, we want you to hold us accountable, and we're hopeful that our new system of notice and comment will help correct any potential missteps.

With that, here are the most common questions that came up in the Virtual Town Hall, and our take on them:

1. Freedom to Share and Connect

People should have the freedom to share whatever information they want, in any medium and any format, and have the right to connect online with anyone – any person, organization or service – as long as they both consent to the connection.

How can I be sure that Facebook won't censor me?

Facebook respects free speech and does not remove content simply because it expresses a certain viewpoint. We do want to create a safe and trusted environment for our users, however, and we will remove content that's pornographic, hateful, threatening, or that otherwise violates our Statement of Rights and Responsibilities or the law. Most of this is done only after other Facebook users or third parties have reported the content to us.

2. Ownership and Control of Information

People should own their information. They should have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from the Facebook Service. People should have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices. Those controls, however, are not capable of limiting how those who have received information may use it, particularly outside the Facebook Service.

How can I be sure that Facebook won't use my content for whatever purposes it wants?

Facebook does not claim any ownership over your content, but we do need a license to be able to do the things you ask us to with it, like share it with your friends. The extent of this license is explained in Section 2.3 of our Statement of Rights and Responsibilities. The license only covers those rights that we need to provide our services and features. For example, when you upload photos to Facebook, this license allows us to share those photos with your friends. You are in complete control of the license because it is restricted by your privacy settings, meaning that Facebook can't share your content with anyone to whom you haven't allowed access. Finally, it expires as soon as you delete your content or account.

Given that other users can copy and share the content I post, how do I make sure that I retain ownership of my content?

Facebook's privacy settings allow you to control access to the content you post. However, these settings cannot control what people do with that content once it's been posted. Just as an email provider can't prevent the recipient of an email from forwarding it to others, neither can Facebook keep someone who can view your photos from copying them or sharing them with others. If you're worried about this, we encourage you to take advantage of the settings we provide and restrict access to your content only to the people you trust.

When I delete my photos and videos, I want to know that it's deleted and never shared with a third party.

When you delete photos and videos from Facebook, it's immediately made inaccessible to other users. It is deleted from our servers in a manner similar to emptying the recycle bin or trash on a computer. As a result, removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3. Free Flow of Information

People should have the freedom to access all of the information made available to them by others. People should also have practical tools that make it easy, quick, and efficient to share and access this information.

How do I make sure that people can't access my information without my consent?

Facebook's privacy settings allow you to control access to the content you post.

4. Fundamental Equality

Every Person – whether individual, advertiser, developer, organization, or other entity – should have representation and access to distribution and information within the Facebook Service, regardless of the Person's primary activity. There should be a single set of principles, rights, and responsibilities that should apply to all People using the Facebook Service.

Why are the rights of advertisers equal to those of users?

We think there are positives to allowing advertisers to distribute their message in the same way that other users can. Our recent change to Facebook Pages is a good example of this. Page udpates now appear along with updates from friends in the stream on the home page. This allows brands to communicate quickly and easily – and in the same way other users do – with people who have chosen to connect with them.

We also want to empower people to share whatever they want with whomever they want (see our first Principle above), and this might include advertisers. We do not allow advertisers to collect information from people without their consent, but if a user wants to provide information in order to a company he or she likes, we think that should be allowed.

Finally, Facebook's real name culture applies to advertisers as well as people. This means that advertisers must identify themselves accurately and be transparent about how they are using the Facebook Service. In cases where they do not do this, such as when they use Facebook to spam people with misleading messages or links, we respond quickly to shut them down through both legal and technical means.

5. Social Value

People should have the freedom to build trust and reputation through their identity and connections, and should not have their presence on the Facebook Service removed for reasons other than those described in Facebook's Statement of Rights and Responsibilities.

How can I be sure that Facebook won't treat me unfairly?

Facebook accounts are disabled most often as a result of reports we have received from other users or third parties. Our User Operations team is trained to only take action on an account when the account holder has clearly violated Facebook's policies. There are cases, however, where we might make a mistake. When this happens, we give you the option of contacting us to appeal the decision. Our team reviews the appeal, and if justified, reverses the decision and restores access to your account.

6. Open Platforms and Standards

People should have programmatic interfaces for sharing and accessing the information available to them. The specifications for these interfaces should be published and made available and accessible to everyone.

How can I be sure that the applications I use on Facebook aren't misusing my data?

We believe you should be able to share whatever information you want with whatever service you want. We require applications to follow certain policies in their use of people's information, and we employ a team to investigate potential violations. However, we cannot guarantee that every application will always be in compliance. That's why we give you control over how applications can access your information. We also require all applications to be clear with you about how they collect and use your information by posting privacy policies that explain their practices. We encourage you to read these policies.

The language for adding applications is too broad and should specify the information to which I am granting access and the reasons for which it will be used.

We require all applications to post privacy policies that explain how they use people's information, and we encourage you to read these policies. We also give you control over how applications can access your information and allow you to report applications that you think are misusing data. We employ a team to investigate these applications and take action on those that are violating our policies.

7. Fundamental Service

People should be able to use Facebook for free to establish a presence, connect with others, and share information with them. Every Person should be able to use the Facebook Service regardless of his or her level of participation or contribution.

Why does Facebook warn me for spamming when I send a lot of messages?

Facebook uses various automated systems to detect and stop behavior that might be abusive. These systems warn or disable the accounts of users who, for example, send a lot of messages to non-friends, or whose friend requests are ignored at a high rate. These systems help keep Facebook a safe and trusted environment. No system is perfect, however, and we're constantly working to improve ours.

This Principle should include exceptions because certain individuals, such as pedophiles, should not be allowed on Facebook.

We agree, and this is already covered in our Statement of Rights and Responsibilities, which prohibits convicted sex offenders from using Facebook. The SRR also prohibits people under the age of 13 and people accessing Facebook from embargoed countries.

8. Common Welfare

The rights and responsibilities of Facebook and the People that use it should be described in a Statement of Rights and Responsibilities, which should not be inconsistent with these Principles.

Section 2.3 of the Statement of Rights and Responsibilities seems to contradict the second principle. Why is this?

As explained above under the second principle, Facebook does not claim any ownership over your content. Section 2.3 of the Statement of Rights and Responsibilities explains the extent of the license we need to be able to provide our services and features. This license can only be used in relation to Facebook and is further constrained by your privacy settings. It also expires when you delete your content or account.

9. Transparent Process

Facebook should publicly make available information about its purpose, plans, policies, and operations. Facebook should have a town hall process of notice and comment and a system of voting to encourage input and discourse on amendments to these Principles or to the Rights and Responsibilities.

I should have the right to a formal complaints procedure, and my complaints should receive a response.

Facebook provides a number of ways for users to submit complaints. We allow you to report content you think violates our policies through report links located throughout the site. We also provide a Help page with contact forms that allow you to send emails to our User Operations team. This Help page includes a "Suggestions" tab where you can submit suggestions for the product. The Facebook Page allows you to receive updates from us and comment on what we're doing. Finally, our new system of governance allows you to give feedback on proposed changes to this document and our Statement of Rights and Responsibilities.

10. One World

The Facebook Service should transcend geographic and national boundaries and be available to everyone in the world.

The Facebook site, these Principles, and the Statement of Rights and Responsibilities should be available in other languages.

We agree. Through our Translations application, the Facebook site has already been translated into over 40 languages and dialects. We plan to use this application to eventually translate Facebook into every language in the world. We have translated this document and our Statement of Rights and Responsibilities into French, Italian, German, and Spanish and will do the same for all future proposed changes, so that users around the world have a chance to participate in the site governance process.

Other Comments

People had a number of other comments, some of which did not relate to just one principle. We address these here:

There should be a separate principle stating that no information of mine may be sold, traded, or given to any other company, agency, or government, and that there is no data mining on Facebook.

Our Privacy Policy explains in detail how we collect and use the information you choose to share. Facebook will not sell your information to anyone. We may provide information to other companies to help us bring you the services we offer. However, these companies can only use this information for reasons that we specify. We may also be required to provide certain information subject to a formal legal request, but we do not release this information unless we believe that the request meets legal standards. Finally, the Statement of Rights and Responsibilities strictly prohibits the collection of user information through automated means, and we have built systems to detect and block this type of activity.

There should be a separate Principle that all advertisements on Facebook will be tested for spyware, phishing, and viruses.

Facebook has developed policies for ads and regularly removes those that are misleading or malicious. We have also built systems to detect malware and phishing attempts and help stop their spread.

Conclusion

We hope these responses help, and that we've addressed most of your concerns. We really appreciate your involvement in this process.

Subject: RE: Facebook users - especially Irish ones
From: CarolC
Date: 17 Apr 09 - 09:06 PM

The current Terms of Use are found here. I'm assuming that anyone, even new members, can access this page...

http://www.facebook.com/terms.php


This is the content of one of the pages they link to on the page with the info...

Facebook Principles
Share
Wed 12:18pm
We are building Facebook to make the world more open and transparent, which we believe will create greater understanding and connection. Facebook promotes openness and transparency by giving individuals greater power to share and connect, and certain principles guide Facebook in pursuing these goals. Achieving these principles should be constrained only by limitations of law, technology, and evolving social norms. We therefore establish these Principles as the foundation of the rights and responsibilities of those within the Facebook Service.

1. Freedom to Share and Connect

People should have the freedom to share whatever information they want, in any medium and any format, and have the right to connect online with anyone â€" any person, organization or service â€" as long as they both consent to the connection.

2. Ownership and Control of Information

People should own their information. They should have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from the Facebook Service. People should have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices. Those controls, however, are not capable of limiting how those who have received information may use it, particularly outside the Facebook Service.

3. Free Flow of Information

People should have the freedom to access all of the information made available to them by others. People should also have practical tools that make it easy, quick, and efficient to share and access this information.

4. Fundamental Equality

Every Person â€" whether individual, advertiser, developer, organization, or other entity â€" should have representation and access to distribution and information within the Facebook Service, regardless of the Person’s primary activity. There should be a single set of principles, rights, and responsibilities that should apply to all People using the Facebook Service.

5. Social Value

People should have the freedom to build trust and reputation through their identity and connections, and should not have their presence on the Facebook Service removed for reasons other than those described in Facebook’s Statement of Rights and Responsibilities.

6. Open Platforms and Standards

People should have programmatic interfaces for sharing and accessing the information available to them. The specifications for these interfaces should be published and made available and accessible to everyone.

7. Fundamental Service

People should be able to use Facebook for free to establish a presence, connect with others, and share information with them. Every Person should be able to use the Facebook Service regardless of his or her level of participation or contribution.

8. Common Welfare

The rights and responsibilities of Facebook and the People that use it should be described in a Statement of Rights and Responsibilities, which should not be inconsistent with these Principles.

9. Transparent Process

Facebook should publicly make available information about its purpose, plans, policies, and operations. Facebook should have a town hall process of notice and comment and a system of voting to encourage input and discourse on amendments to these Principles or to the Rights and Responsibilities.

10. One World

The Facebook Service should transcend geographic and national boundaries and be available to everyone in the world.

Subject: RE: Facebook users - especially Irish ones
From: Desert Dancer
Date: 17 Apr 09 - 05:22 PM

Just now, for the first time, I got a notice about the vote that came up on my homepage.

And, I see the info is available through the Resources tab on the Facebook governance page.

Subject: RE: Facebook users - especially Irish ones
From: High Hopes (inactive)
Date: 17 Apr 09 - 02:41 PM

*They're certainly not making this information available to their users*

well. Facebooks don't want TOO many people to know hee hee...sorry

Subject: RE: Facebook users - especially Irish ones
From: Desert Dancer
Date: 17 Apr 09 - 02:20 PM

If you joined after Feb. 26, you may not vote. Also, you may not see what the vote is about! We just joined this week...

Would someone copy the info here, please?

~ Becky in Long Beach

Subject: RE: Facebook users - especially Irish ones
From: CarolC
Date: 17 Apr 09 - 10:37 AM

Here's where to go to vote...

http://apps.facebook.com/fbsitevote/contests/208?_fb_fromhash=a6c9ca8d56709b0687c7f51541856977

I don't know how in the world they expect the users to know about the vote and where to go to participate. They're certainly not making this information available to their users.

Subject: RE: Facebook users - especially Irish ones
From: CarolC
Date: 17 Apr 09 - 10:35 AM

Here's some more information. Apparently the people at Facebook are counting on the threshold not being reached...

http://www.theregister.co.uk/2009/04/17/facebook_con_trick/

Subject: RE: Facebook users - especially Irish ones
From: Bonnie Shaljean
Date: 17 Apr 09 - 04:39 AM

I posted after your first message but before I saw the second one! The joys of computering...

Subject: RE: Facebook users - especially Irish ones
From: Bonnie Shaljean
Date: 17 Apr 09 - 04:38 AM

I certainly have nothing against Facebook - my problem, and my reason for not joining, is simply not having enough time and energy to take on yet ANOTHER activity which keeps me at my computer: I spend far too much time in cyberspace already, at the expense of the real world (which is often not nearly as much fun); and Mudcat is my preferred hangout.

I'm not trying to be anti-Facebook, or anti-MySpace, or anti-anything. But it's as well to keep an eye on their terms and conditions, because if there's potential money to be harvested from selling an image or tune, someone will figure out a way to do it. Facebook and those other networking sites have a lot of rewards & enrichments to offer, but that doesn't mean they don't need watchdogs. The way FB and MySpace handled their first attempts at a policy change is proof of that.

Subject: RE: Facebook users - especially Irish ones
From: GUEST,Chris B (Born Again Scouser)
Date: 17 Apr 09 - 04:26 AM

Sorry. Hit the wrong button.

I was going to say that I made contact with people I hadn't seen in years but I tend not to stay away from all the extras which tell you they are going to share your information. Now it seems anything can be passed around. I'm seriously thinking of knocking it on the head. After all, I just don't have that much gossip and I'm getting (and I hate to admit it) a little bit bored with some of the stuff I'm reading from other people. Maybe I'm just too old and unsociable for this stuff.

Subject: RE: Facebook users - especially Irish ones
From: GUEST,Chris B (Born Again Scouser)
Date: 17 Apr 09 - 04:22 AM

I joined Facebook just before Christmas. It seemed like good fun at the time and I made contact again with friends and relatives

Subject: RE: Facebook users - especially Irish ones
From: Bonnie Shaljean
Date: 17 Apr 09 - 03:45 AM

Yes I know - I started a thread about it on Mudcat which grew to huge proportions! But it (and other protests like it) paid off. I think it's important to speak out, or people can end up really losing.

Subject: RE: Facebook users - especially Irish ones
From: High Hopes (inactive)
Date: 16 Apr 09 - 01:46 PM

"I mean those that came after their we-can-do-anything-we-want-with-your-info-even-after-you-terminate-your-account bombshell, which aroused such widespread fury. The newest policy was seen as a hasty about-face."

Something similar occurred at Myspace a few years back, regarding the ownership of music posted by the composers (ownership went to Fox Communications owners of Myspace). Billy Bragg raised one hell of a stink, and encouraged others to do so, and Myspace reversed its policy.

Subject: RE: Facebook users - especially Irish ones
From: The Sandman
Date: 16 Apr 09 - 12:59 PM

I am not a member.

Subject: Facebook users - especially Irish ones
From: Bonnie Shaljean
Date: 16 Apr 09 - 08:37 AM

I've just seen on the Irish lunchtime news that Facebook users in Ireland are getting a chance to vote on whether they like the (modified but still far from perfect) new terms & conditions which the site imposed recently. I mean those that came after their we-can-do-anything-we-want-with-your-info-even-after-you-terminate-your-account bombshell, which aroused such widespread fury. The newest policy was seen as a hasty about-face.

Well, almost. It's better, but there's still a lingering smell which bears further sniffing out. Apparently people have until something like next Wednesday to vote, and it will take a 1/3 turnout "of active Facebook users" to make it binding. Ireland is only a blip on the screen population-wise.

The news lady also said there's no mention of this on the Facebook site itself (I'm not a member so can't check) - and I had to dig a bit in the Googleverse before I found this:

http://www.irishtimes.com/newspaper/ireland/2009/0415/1224244720816.html

As they used to whisper in the school playground: Pass it on.

Now... what about the rest of yas? Where's your vote?