Instagram -

Contract Title Instagram
Contract Website
Contract Application Instagram Phone App
Contract Type app with website
Contract Date 01/19/2013
TOS Website
Total Rating 52.22

Total Page Count 15

Terms: 9 pages; Privacy: 6 pages. It's not terribly long, but at least five pages could be cut in total.

The Right to Privacy 1 out of 5

GENERAL: Dated 1/13/2013. 3rd party analytics. Cookies. Log files. IP address. Devices used. Information stored in many jurisdictions worldwide.

BAD ASPECTS: Everything is shared with Facebook. They share or sell your data to third party advertisers. They may share your data with law enforcement without a court order. After you delete your account, they keep all your data for an unspecified period of time. They do not post an email address anywhere in the privacy policy. They do not discuss account recovery and cell phone porting in a proper manner.

GOOD ASPECTS: A wonderful deceased user policy, and it's the first of its kind that I have ever read. Something to be potentially emulated.

The Right to Equal, Fair, & Reasonable Expression 0 out of 5

BAD ASPECTS: No posting of violent, nude, partially nude, hateful, discriminatory photos, etc. On the surface, this seems good, but it's not good, because it doesn't clearly define what these terms mean. Further, what one person considers discriminating may not be true across all reasonable people. They have a totally separate community guidelines which should be included in the TOS.


The Right to Control My Intellectual Property 0 out of 5

BAD ASPECTS: Same old non-exclusive license, but that terrible 'sub-licensable' clause which is unfair. If you send anything unsolicited, they all ALL ownership (copyright and all) will no compensation to you.

GOOD ASPECTS: You keep all ownership of everything you post.

The Right to Sue 1 out of 5


BAD ASPECTS: You are forced into arbitration in Santa Clara, California. You can only bring claims within one year, so you waive many years of your statutory limitations.

GOOD ASPECTS: You can opt out of arbitration, but only within 30 days, and this is not clear up front anywhere. It doesn't appear that your recovery is limited in any way.

The Right to Low-Cost Arbitration 1 out of 5

BAD ASPECTS: You are forced into arbitration. The opt out is hidden, not really fair, and you can only opt out via snail mail (not via email).

GOOD ASPECTS: Recovery doesn't seem to be limited in any way.

The Right to Join a Class Action 1 out of 5

BAD ASPECTS: You only have 30 days to opt-out, and it's hidden, and unfair.

GOOD ASPECTS: You are given a chance to keep your class action rights.

The Right to No Hidden Terms or Fees 2 out of 5

Just in general: too many hidden terms that a user are not likely to find.

The Right to Fair Process & To Be Heard 0 out of 5

You can be kicked off or blocked for any reason, without liability. They can refuse access to anyone they want, without having to state a reason. No due process. No warning process. No opportunity to correct. No defense period. No fair and impartial decision making process.

The Right to Appeal & The Right to Return 0 out of 5

No appeal process. No second-chance/right to return policy.

The Right to Reasonable Terms 1 out of 5

BAD ASPECTS: They don't list an email in the TOS or the Privacy Policy. Are the scared of being contacted? You are responsible for all use of your account, even if hacked. No right to any injunctions. CA users get extra rights (1542 Civil Code of CA)--why not all of us? Huge indemnification clause.

GOOD ASPECTS: The user guidelines are on page 1, and included in the TOS.

Historical Fairness 5.22 out of 10
Historical User Ratings 10.0 out of 10
Historical Lack of Lawsuits or Arbitrations 10.0 out of 10
Public Placement of TOS Fairness Score & Link 20.0 out of 20
Total Rating 52.22 out of 100
Additional Note

No email addresses given! Unbelievable. I am actually going to drop their Reasonable Terms score from 2 to 1 just for that!

Ways to improve

1. Don't steal our IP just for sending something to you!
2. Prominently post your email address at the beginning.
3. Shorten the TOS and Privacy Policy. Too long and unnecessary.
4. Nothing should be shared with Facebook. I know you are owned by them, but it's best to keep some type of separation.
5. Clarify your TOS violation rules and what is considered a TOS violation. Be specific.
6. Create a place of more freedom of expression.
7. Allow us to sue you OR arbitrate, at our discretion, and from our hometowns.
8. Let us join class actions.
9. Give us fair process, and let us be heard.
10. Provide a right to appeal and a right to return.
11. Add your TOS rating and link to your TOS page as outlined in our guidelines. You currently are being given all 20 points.

Review Status Completed

First Name Rating Comment

Reviewed by the following attorneys and/or law students:

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