Sunday, April 27, 2008

Terms of Use and privacy of face book

Term of use and eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
User conduct
You understand that except for advertising programs offered by us on the Site (e.g., Facebook Flyers, Facebook Marketplace), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. Use automated scripts to collect information from or otherwise interact with the Service or the Site.Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends. Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and intimidate or harass another person. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Facebook Mobile Services
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to Facebook via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to Facebook messages, to poke and receive pokes and to write wall posts using text messaging (Mobile Texts), (iii) the ability to browse Facebook from your mobile phone (Mobile Web), and (iv) the ability to access certain Facebook features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Facebook and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Facebook account information to ensure that your messages are not sent to the person that acquires your old number.
Use of Share Links by Online Content
PrSubject to the terms and conditions of these Terms of Use, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by Company, on pages of their web sites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its web site is referred to herein as an "Online Content Provider" and shall abide and be subject to the applicable sections of these Terms of Use. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by the Company. In the event that the Share Link is a text link, it must include the word "Facebook" as part of the link. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its siteoviders.
Platform
Facebook launched the Facebook Platform on May 24, 2007, providing a framework for software developers to create applications that interact with core Facebook features. A markup language was also introduced, called Facebook markup language, which was used primarily to customize the "look and feel" of applications that developers created. This enabled Facebook itself to launch several new applications that tightly integrated with the Facebook system. These include the Gifts application, which allows users to send virtual gifts to each other, the Marketplace, allowing users to post free classified ads, Events, which gives users a method of informing their friends about upcoming events, and Video, an application that allows users to share homemade videos with one another.
Applications that have been created include chess and Scrabble, which allow users to play games against their friends. The games played are asynchronous, meaning that when a user makes a move in a game, it is saved on the server, allowing the next move to be made at any time in the future rather than immediately after the previous move Within a few months of launching the Facebook Platform, issues arose regarding "application spam", which involves Facebook applications "spamming" users to request that the application be installed. Application spam has been considered one of the possible causes to the drop in visitors to Facebook starting from the beginning of 2008, when the website's growth had fallen from December 2007 to January 2008, its first drop since the website first launched.
Disclaimers
The site ,the service (including the mobile services, the share service and the market service), any platform applications and the site content are provided as-is and the company disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose of non-infringement. The company cannot guarantee and does not promise any specific results from use of the site and / or any platform applications. Company does not represent or warrant that software, content or materials on the site , the service or any platform application are accurate, complete, reliable, current or error-free or that the site or service its servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through the service and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result
Limitation on Liability
In no event will company or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to company for the service during the term of membership, but in no case will the company's liability to you exceed $1000. You acknowledge that if no fees are paid to company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from company, regardless of the cause of action.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Privacy
There have been concerns expressed regarding the use of Face book as a means of surveillance and data mining. Theories have been written about the possible misuse of Face book, and privacy proponents have criticized the site's current privacy agreement. The policy states "We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services and other users of Face book, to supplement your profile." Face book has assured users that the next privacy policy will not include the clause about information collection, and has denied that any data mining is being done "for the CIA or any other group." However, the possibility of data mining by private individuals unaffiliated with Face book remains open, as evidenced by the fact that two MIT students were able to download over 70,000 Face book profiles from four schools (MIT, NYU, the University of Oklahoma, and Harvard) using an automated script, as part of a research project on Face book privacy published on December 14, 2005. A second clause that received criticism regards Face book’s right to sell users' data to private companies, stating "We may share your information with third parties, including responsible companies with which we have a relationship. Concerns have been raised regarding the difficulty of deleting user accounts on the website. Previously, Face book only allowed users to "deactivate" their accounts. This meant that their profile was no longer visible on the website, but any information that the user had entered into the website and on their profile still existed on the website's servers. This had concerned users who wished to permanently remove their account, citing reasons such as an overly embarrassing profile that may affect a future employer's decision in whether or not to hire someone based on what a user's online profile reveals. As of February 29, Face book has changed its account deletion policies, allowing users to contact Face book directly to request that a user account be permanently deleted from the website.

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