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Facebook and Altering the Facebook Agreement Yourself

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For the past several years, a notice has roamed around Facebook, proclaiming the risks of uploading any content to Facebook without first posting a legal notice that informs Facebook you do not consent to their usage of your content.

While on its face this particular notice sounds harmless, it does no good. Part of the issue is that, even if it was valid, the notice is attempting to overturn a previous legal agreement. See, from the moment that you signed onto Facebook, you agreed to their Terms and Conditions. The contract cannot just be nullified by one of the parties saying, "Hey, I don't like this, so I'm going to post here and say that this is changing."

But wait! Isn't that what Facebook does? Partially, but here's the catch. Whenever Facebook makes a change to its policy, it provides a notice to you. If you decide to keep using Facebook, then you have consented to the change in terms. The new policy statements as well as the revisions to the terms and conditions all include statements to the effect of "your continued use of Facebook means you accept the new terms." This is a fairly standard policy. Your continued use is the consideration.
But when you put something on your Facebook status, you are not changing the agreement at all. Facebook has not accepted your statement, and they do not have to honor your notice. In the previous case, Facebook has offered continued services in exchange for the altered agreement. That counts as the consideration, which is necessary for all binding contracts. However, you are offering nothing to Facebook in exchange for your attempt to change the agreement.

The notices that you put up on your profile or in your tagline or on your newsfeed do nothing to alter the agreement you have with Facebook. So if you disagree with Facebook's policies, you will have to stop using Facebook. The other option, as in the case of Facebook's ability to use your pictures for promotions, is to avoid uploading pictures you don't want used.

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