TERMS OF SERVICE FOR THE POPULAR PLATFORMS WHO SPY ON YOU AND IN WHAT WAYS GOOGLE, YOUTUBE, AMAZON, TWITTER THAT'S WHY WE THE OPEN-SOURCE DECENTRALIZED COMMUNITY (YOU AND I) WILL BE THEIR DEMISE. FIGHT FOR YOUR RIGHT TO PROTECTION OF YOUR PERSONAL INFO AND SELLING AND OR ADD TARGETING BY DATA MINING YOUR MOST IMPORTANT INFORMATION. THE END IS NEAR JACK, FNKIDS, TWITTER, GOOGLE, FACEBOOK, AMAZON...
The terms of service are very uneven or there are some important issues that need your attention.
Terms may be changed any time at their discretion, without notice to the user Discussion
They can change the terms of service any time they see fit, even without notification to the user. Your use of the service supposedly constitutes acceptance of the changes in the terms.Processes a personal information (email, id but also device info, location) Discussion
Processes "name, email address, telephone number or credit card to store with your [Google] account" (given by user). But also processes unique device identifiers, "details of how you used the service, such as your search queries, telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls, Internet protocol address, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL, cookies that may uniquely identify your browser or your Google Account". Collects location, Unique application numbers, local storage, cookies. Those information can also be associated with information collected by Youtube (Google) partners.
× They can remove your content at any time and without prior notice Discussion
Youtube reserves the right to decide if a video violates the terms of service, not only if the user is a copyright infringer, but also not limited to: if the content is about pornography, obscenity, excessive length. The content may be removed and the user's account terminated without prior notice and in the sole discretion of Youtube.
The copyright license is broader than necessary Discussion
The user grants Youtube a worldwide, non-exclusive, royalty-free license that is sublicenseable and transferable, and that can be used without limitation for the promotion of the service, in any media format and through any media channel, provided it is in connection with Youtube, its successors' and affiliates'.Reduction of legal period for cause of action Discussion
Any action against Youtube must begin within one year after the cause of action accrues. If not, the cause of the action is considered as permanently barred.
× Deleted videos are not really deleted Discussion
“Youtube may retain, but not display, distribute or perform, services copies of your content that you have removed or deleted. ”
- They help you to deal with take-down notices Discussion
if you are the target of a copyright holder's take down notice, Youtube gives you a chance to defend your right in front of the jurisdiction of California. See section “Counter-Notice.”
→ You are solely responsible for your account Discussion
You are solely responsible for your content and the consequences of its publication, and solely responsible for keeping you account password secure. Youtube is not liable for any unauthorized use of your account, but you may be liable if this unauthorized use causes losses for Youtube or the others.
→ Users are subject to Google's Privacy Policy Discussion
“When you use YouTube, you are subject to Google's policies.” To find out about Google's Privacy Policy, please read the ToS;DR report.
→ Jurisdiction and law of California Discussion
The Court of Santa Barbara in California is the only one competent for disputes arising from the terms of service of Youtube. The applicable law to these terms of service is the one of the State of California.
At
http://www.google.com/intl/en/policies/terms/archive/
you can see at least one previous versions of Google's terms
- Google may stop providing services to you at any time Discussion
“Google may also stop providing Services to you, or add or create new limits to our Services at any time.” Google has no obligation from the terms to give you notice in advance or to give a reason for that termination
Limited copyright license to operate and improve all Google Services Discussion
The copyright license you grant is “for the limited purpose of operating, promoting, and improving” existing and new Google Services. However, please note that the license does not end if you stop using the Google services.Google posts notice of changes, with a 14-day ultimatum. Discussion
Google “will post notice of modifications to these terms on this page. [They] will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted.” As far as changes to the privacy policy goes: “We will not reduce your rights under this Privacy Policy without your explicit consent.” and if changes are significant Google will email you for some services.Google enables you to get your information out when a service is discontinued Discussion
Google gives you reasonable advance notice when a service is discontinued and “a chance to get information out of that Service.”
- Google keeps the rights on your content when you stop using it Discussion
The license that you grant to Google on content you upload to their services will continue even if you stop using the services. While this makes sense for some services (e.g. Google Maps) this applies by default to all Google services. Otherwise you need to check each service for ways to remove content and for specific clauses that restrict the license in time.
→ Jurisdiction in California Discussion
“The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.”
YouTubeShare review
CLASS D
The terms of service are very uneven or there are some important issues that need your attention. Tweet to @YouTube
Terms may be changed any time at their discretion, without notice to the user Discussion
They can change the terms of service any time they see fit, even without notification to the user. Your use of the service supposedly constitutes acceptance of the changes in the terms.Processes a personal information (email, id but also device info, location) Discussion
Processes "name, email address, telephone number or credit card to store with your [Google] account" (given by user). But also processes unique device identifiers, "details of how you used the service, such as your search queries, telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls, Internet protocol address, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL, cookies that may uniquely identify your browser or your Google Account". Collects location, Unique application numbers, local storage, cookies. Those information can also be associated with information collected by Youtube (Google) partners.
× They can remove your content at any time and without prior notice Discussion
Youtube reserves the right to decide if a video violates the terms of service, not only if the user is a copyright infringer, but also not limited to: if the content is about pornography, obscenity, excessive length. The content may be removed and the user's account terminated without prior notice and in the sole discretion of Youtube.
The copyright license is broader than necessary Discussion
The user grants Youtube a worldwide, non-exclusive, royalty-free license that is sublicenseable and transferable, and that can be used without limitation for the promotion of the service, in any media format and through any media channel, provided it is in connection with Youtube, its successors' and affiliates'.Reduction of legal period for cause of action Discussion
Any action against Youtube must begin within one year after the cause of action accrues. If not, the cause of the action is considered as permanently barred.
× Deleted videos are not really deleted Discussion
“Youtube may retain, but not display, distribute or perform, services copies of your content that you have removed or deleted. ”
- They help you to deal with take-down notices Discussion
if you are the target of a copyright holder's take down notice, Youtube gives you a chance to defend your right in front of the jurisdiction of California. See section “Counter-Notice.”
⋅ You are solely responsible for your account Discussion
You are solely responsible for your content and the consequences of its publication, and solely responsible for keeping you account password secure. YOUTUBE is not liable for any unauthorized use of your account, but you may be liable if this unauthorized use causes losses for YOUTUBE or the others.
⋅ Users are subject to Google's Privacy Policy Discussion
“When you use YouTube, you are subject to Google's policies.” To find out about Google's Privacy Policy, please read the TOS;DR report.
⋅ Jurisdiction and law of California Discussion
The Court of Santa Barbara in California is the only one competent for disputes arising from the terms of service of YOUTUBE. The applicable law to these terms of service is the one of the State of California.
We haven't sufficiently reviewed the terms yet. Please contribute to our group: tosdr@googlegroups.com.
Terms may be changed any time at their discretion, without notice to the user Discussion
They can change the terms of service any time they see fit, even without notification to the user. Your use of the service supposedly constitutes acceptance of the changes in the terms.This service tracks you on other websites Discussion
This service uses cookies to track you even if you are not interacting with them directly. Amazon for instance, use cookies to track your device and serve targeted advertisements on other websites (Amazon associates, websites using Amazon Checkout). They “obtain certain types of information when your Web browser accesses Amazon.com or advertisements and other content served by or on behalf of Amazon.com on other Web sites”.Amazon enables third-party advertisers to target you by default Discussion
Although Amazon does not share your personal informaton to advertiers and other third-parties that display Amazon's ads, by default they enable third-party advertises to target you (IP, cookies or “other features”). However, you can opt-out.Amazon may sell user data as part of a business transfer Discussion
Amazon may sell user data as part of a business transfer
We haven't sufficiently reviewed the terms yet. Please contribute to our group: tosdr@googlegroups.com.
Very broad copyright license on your content Discussion
The copyright license that you grant to Facebook goes beyond the requirements for operating the service. For instance, it includes the right for Facebook to transfer the license or to license it others on their terms (“sublicense”). Also, the copyright license does not end when you stop using the service unless your content has been deleted by everyone else.This service tracks you on other websites Discussion
This service uses cookies to track you even if you are not interacting with them directly. Amazon for instance, use cookies to track your device and serve targeted advertisements on other websites (Amazon associates, websites using Amazon Checkout). They “obtain certain types of information when your Web browser accesses Amazon.com or advertisements and other content served by or on behalf of Amazon.com on other Web sites”.Facebook automatically shares your data with many other services Discussion
Facebook automatically shares your information with Bing, Pandora, TripAdvisor, Yelp, Rotten Tomatoes, Clicker, Scribd, and Docs, unless you manually opt-out.Facebook uses your data for many purposes Discussion
Including: data analysis, testing, service improvement, control of the effectiveness of the personal ads, and location features and services.
- You can give comments before changes Discussion
Facebook gives you an opportunity to comment on changes. (In 2012, Facebook changed their terms of service. Before that, you could also vote against the changes (even though the results were not binding unless 30% of the active users voted). Now, there is no vote any more.)
- No pseudonym allowed Discussion
You must use your legal name publicly on the service. Using a pseudonym or a pen name is not allowed. This can have negative consequences on the freedom of expression, especially for people who exercise certain professions, or who live in certain countries.
→ Facebook uses cookies Discussion
Facebook uses, pixels and local storage in order to gather information about you, your device, your browser cache, your use of Facebook. Facebook also uses cookies for adversing purposes.
- You own your data Discussion
You allow Facebook to use your data, but they explicitly state that you maintain the ownership yourself.
TWITTER
Share review
NO CLASS YET
We haven't sufficiently reviewed the terms yet. Please contribute to our group: Get involved.
- Twitter deletes tracking data in 10 days and offers an opt-out Discussion
Twitter widgets on third-party websites collect data about you. The data is kept a maximum of 10 days. Also, you can opt-out completely by enabling “Do-Not-Track”. See how.
- Very broad copyright license on your content Discussion
The copyright license is very broad with almost no limitations, which goes beyond the requirements to run the service. It includes right for Twitter to license to others (“sublicense”).
Twitter provide archives of their terms Discussion
At https://twitter.com/tos/previous you can see previous versions of Twitter's termsYou can retrieve an archive of your data Discussion
There is a button in the account settings to retrieve an archive of all your tweets.
Critical changes to the terms with little users' involvement Discussion
Twitter can change the terms at any time when they see fit. They give notification, in their sole disretion, via an @Twitter update or via email. In September 2009, Twitter considerably changed the terms for the copyright license and only gave a very short notice, only a few hours before the changes applied.Twitter deletes your account after 30 days. It keeps the rights on your content. Discussion
Even if you deactive your account or if your account is closed, Twitter still has all the rights on your Content (the copyright license survives termination). However, after 30 days Twitter begins to delete your account.
⋅ Twitter does not require cookies to function Discussion
Twitter is transparent about using session cookies and persistant cookies. But Twitter does not require cookies for most of the service to function. Remember that cookies are files on your computer: you can control and disable them.
- Third party cookies Discussion
Twitter uses third-party services that may collect your information, using cookies for instance. Twitter uses Google Analytics.
This is a transparent and peer-reviewed project. We need you to get involved so that ToS;DR can take off! We're only at the very early stage of the process, so this is your opportunity to help: we want your feedback! If you want to contribute your analysis or comment on specific terms and points, then this guide is for you!
Anyone can share their thoughts and subscribe to our public working group: tosdr@googlegroups.com. We use a Google group because they're easy to set up and have a good web interface. But you can also join by email to tosdr+subscribe@googlegroups.com using your favourite email client.
Beta: Submit a point
Alpha: Submit the URL of the terms to ToSBack.org
SHORT: Write an email to tosdr@googlegroups.com with a link to the terms, a small quote from the terms about the point you're making and let us know if you think it's a good or a bad point. It's better to do one email thread by topic, rather than one email per service. For more details, read on!
Each thread on our mailing list is a data point that is waiting for you to join in the discussion. You can simply comment by replying to a thread if you think it is an important issue. If you have a link to some positive or negative news about how a website or service is treating us, or you have read something good or something bad in the Terms of Service of a website, you should contribute it to the mailing list as well.
Join the working group
Terms of contribution
Now: how do we get from this…
a screen shot
to this?
twitter No Class Yet
- Twitter deletes tracking data in 10 days and offers an opt-out
- Very broad copyright license on your content
- Twitter provide archives of their terms
- You can retrieve an archive of your data
- Critical changes to the terms with little users' involvement
More details
Steps
Find the Terms of a website
Email about one aspect of the terms
Step #1: find the Terms of a website
This might seem obvious to you, but sometimes it is not really made easy to find where the terms are. You can usually find them at the bottom of pages, typically as links like "Terms" and "Privacy". For anything you do, it is important that we are always able to redirect to the source. ToS;DR is never a substitute for really reading the terms and finding out for yourself.
We have developped a tool that archives the terms of service for us, so that we are aware of all changes happening. But we need your help to track the terms. So when you start reading terms, please check if we have them in our database. You can do that by going to www.tosdr.org, search for the service and click on it to have the details. At the bottom, you should get a list of links to the original terms, privacy policies and other relevant legal documents.
If this information is missing, we need to add it. Please read this guide to learn how to directly edit the XML files. If you do not feel comfortable with this, do not hesitate to send an email to tosback2@eff.org.
Step #2: email about one aspect of the terms
Before you send an email to the group about some terms, please search through the archive to see if other people have already talked about this service. The Google Group archive has a search function. If here are a lot of emails already, please contribute to the relevant threads so that we avoid duplicates.
If the service you want to report about has not been reviewed yet, then it's time to send some emails about it :-) For each point that raises your attention, please consider whether or not it is appropriate to start a new topic for the group. Some hints about do's and dont's:
✓ this is something you did not expect in the terms (e.g. a picture hosting service asks you for your full copyright)
✓ this is an important restriction of users' rights (e.g. you are not allowed to re-use your own submission to a competing service)
✓ you have a legal question about this
✓ you do not understand, or it is confusing, uncertain
✓ there are already similar issues on tosdr.org (have a look at the topics list) some examples of frequent points include:
How can the terms change (with or without notification, with or without explicit consent of the changes)
If the service asks for a copyright license or if similar services ask for a copyright license but this one does not
If the service shares personal information by default with third-parties, or if it requires cookies and other tracking technologies
If there are jurisdiction or choice-of-law clauses
If there are waivers, indemnity clauses, or binding arbitration
✗ if this is obvious from using the service and does not have legal implications
✗ if this is very standard under the law (e.g. a 13 year old limit)
✗ if this is a blank statement that bears no real obligation or no legal value (e.g. Statements like “we take your privacy very seriously”)
✗ if this is a repeat of a general legal principle (e.g. clauses like “do not violate the law, misuse trademarks” or “do not lie, give true information when asked”)
Start a topic: what we need
So if you think something is worthy of our attention, please start a new topic for each point you want to raise. Each topic should have this information
Subject: Name of the service, eventually say if it's good, bad or neutral, and a title of what it's about (e.g.: Amazon [bad] has a binding arbitration clause)
A link to the terms and, if possible, a quotation of the parts relevant to your point
These clauses are sometimes overly complicated. Try to synthesize and make a summary of what it means
Tell us your opinion about this. It can also be a link to a blog post or to an article
Now, we will need to assess how to review your point. Of course, you are welcome to contribute to this. Essentially, please go to the Topics page to have a look at similar issues. Find to which topic your point belongs, and then compare with other clauses. This will help you propose a topic and a score (from 0 to 100; good, neutral, bad or very bad).
http://www.amazon.com/gp/help/customer/display.html/ref=hp_468496_cookies?nodeId=468496&#cookies
http://support.google.com/accounts/bin/answer.py?hl=en&answer=162743