Facebook Terms of Use

As part of the redesign for my site I looked onto various options for an online Photo Gallery.
One of those options was Facebook, which seems to be becoming the preferred choice of many friends and colleagues for photo sharing.

It's certainly easy to use and a great way for anyone with even the most basic computer skills to get their photo's online. However, I was always sceptical.......

Then I read the Facebook Terms of Use.

Now, I'm no lawyer and all of this is full of legalise, but if you've ever posted anything to Facebook you really should read the snippets below.

"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.....Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use."

So they can change the Terms of Service(TOS) without telling you other than posting a new copy to the Website. How many of you have actually ever read the TOS, let alone check it regularly?

"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, commercial, advertising, or otherwise, 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."

Which I reckon means that they can do whatever the hell they like with your photo's, including selling them or using them for advertising and they own the rights. And it's not just me who thinks that see this blog from the Facebook Observer and this post titled Facebook Terms of Service are Unacceptable from Keith Rowell.

Perhaps also relevant for those of us outside of the US is that you're not even covered by UK law.

"By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States."

"By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California."

You can also try this formatted Google Search to see the vast amount of other articles on the subject of the Facebook Terms of Service.

All of which certainly justifies my initial scepticism, don't you think?

Update:

Two very good articles relating to Facebook and other sites TOS's
What Does TOS Mean Anyway?

and

Facebook terms of service compared with MySpace, Flickr, Picasa, YouTube, LinkedIn, and Twitter