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How To Opt Out Of The Arbitration Clause In Instagram’s Terms Of Use

Instagram’s controversial terms of service update has been one of the most hotly discussed topics of the month within the technology blogosphere. It included this one set of terms, agreeing to which meant you were fine with businesses using your uploaded photos for advertisement. Instagram later revised the terms of service, reverting the controversial term back to its original pre-2012 version that, according to legal experts, is actually more dangerous because of its ambiguity.

A part of these revised terms is a new arbitration clause, which states that, unless you opt-out, you “waive your right to participate in a class action lawsuit” against Instagram.


Now, how does one go about opting out of this clause? It’s quite simple, actually. All you need to do is follow the template we’ve quoted below, including your email address, signature, full name, permanent address and telephone in the final document before snail-mailing it to “Instagram, LLC ATTN: Arbitration Opt-out 1601 Willow Rd. Menlo Park, CA 94025” before January 19th, 2013. That’s less than three weeks, so you need to be quick!

Instagram, LLC
ATTN: Arbitration Opt-out
1601 Willow Rd. Menlo Park, CA 94025

Re: Opt-out Notice
To Whom It May Concern:
I do not agree to the Agreement to Arbitrate. By this letter, I am opting out of the Agreement to Arbitrate, including the prohibition on class actions, as authorized by the Instagram Terms of Use effective January 19, 2013. This opt-out applies to the following Instagram accounts:
[List the email address(es) associated with your Instagram account(s)]
[Sign here]

The other, easier option for opting-out of these terms is to download all your Instagram photos and delete your account after transferring all your photos to Flickr in one click. Flickr recently released a lovely, if slightly buggy app for iOS that includes mobile filters, if that’s what floats your boat.

I’ve made the move to Flickr myself (you can add me there; my username is awais.imran), and suggest you do too if you’re the sort who is peeved by such user privacy issues. Even if you aren’t  Flickr has some nice advantages over Instagram that should attract casual and professional photographers alike. In addition to applying filters, you can use basic, Picasa-like editing features to enhance your photos, you can upload photos at higher resolutions, and have complete control over how they are used, licensed and accessed.

[via The Consumerist]

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