Real Lawyer Explains FaceApp's Terms of Service! Viva Frei Vlawg



so people are signing away their rights to their name image and likeness to some unknown Russian company so they can see what they look like as old people here's an idea you want to know what you're gonna look like as an old person wait for it wait for it see what I did there it's long time beautify Montreal litigator turns youtuber I do these things called vlogs Booya you know what they are okay there's been a viral app going around called face app which apparently adds 20 to 30 years to your image to show what you're gonna look like as an old person first of all I had no idea that this app was going viral so I just started seeing a bunch of pictures of old people who I thought were the parents of my friends who posted the picture and yet when I figured out what was going on it all made sense but then my sister-in-law sent me an article to the effect that perhaps the Terms of Service of this face app were mildly objectionable to say the least and so I gave the Terms of Service a read it's a known fact that people rarely if ever take the time to actually thoroughly read the terms of services on waivers disclaimers Terms of Service sheets that they sign in order to access services apps whatever I don't think anyone is actually taking the time to read the Facebook or YouTube Terms of Service incidentally I have and I have a video coming on that in the near future so stay tuned but I read a study that something like 75 percent of people don't actually bother to read the Terms of Service before clicking the I accept button on the internet and apparently would take something like I don't know six months to read all the Terms of Service that we are required to click on in order to access services in a year something like that I don't know the numbers are off but whatever you know what I mean it would take an exponentially long time to actually read the Terms of Service of the services being provided to us for online services such as YouTube Facebook Instagram Twitter outlook Microsoft Windows Angry Birds PicMonkey piano tiles you get my drift but today is part of my dedicated goal of increasing the global pool of happiness and knowledge I am going to read through the terms of the face app Terms of Service sheet it's it's a thing of legal beauty shall we get into it now there are certain things that you know sure as sugar are gonna be in standard terms of service service agreements in the agreements there's going to be a selection of applicable law there's gonna be a selection of jurisdiction courts there's probably going to be a mandatory arbitration clause typical things there's going to be a waiver of liability so that these sort provider is not held liable for any damages resulting from the service they provide typically for free to the end-user so there are certain staples cornerstones that you know are gonna be in every Terms of Service Agreement so with that said let's just walk through the particular provisions of the Terms of Service for this particular Facebook app the Facebook Face app app you know Terms of Use last updated o 803 2017 by accessing the face app website or by downloading face apps mobile application you agree to these terms if you do not agree to these terms including the mandatory arbitration provision and class action waiver in section 15 do not access or use our services and this is an interesting choice of structure not just in drafting but from a legal perspective because face app is not requiring someone to click I accept in order to continue what they are doing is saying that if you do continue to use the app or download the app then you are agreeing to it and there is in fact a legal distinction and legal consequences that can arise from these two types of structures one being the end user physically clicking an I accept button versus the end user not explicitly clicking an I accept button but rather implicitly agreeing to the terms of the contract by using the app without in fact clicking specifically on something that says I accept these terms and conditions' explicit acceptance of terms and conditions versus implicit acceptance of the terms and conditions by actually using or downloading the app let's continue description of services face app is an application based software that uses artificial intelligence algorithms to transform your photos or videos into works of art or change the background or foreground overlay objects with different there's a helicopter there's a helicopter going here they found us Marty I don't know how what they found us let's just wait for that to pass overlay' objects with different objects and clone copy the style or effects from other image or video the artificial intelligence algorithms use styles inspired by various famous artists the application allows you to a take photos videos using the application or be upload pre-existing photos videos onto the application and so on and so forth but we know basically what the app does it allows you to transform images and in particular as went viral the other day it allows you to make yourself look old because people are gluttons for punishment didn't want to know what they're gonna look like in 20 or 30 years moving on eligibility you must be at least 13 years of age to access or use our services that seems rather young but it seems that between 13 and 18 requires the consent of an adult so it's not shockingly young and I think it's pretty much in line with the standard Terms of Service of any online application but about halfway through that provision something piqued my interest let's read it shall we if you are accessing or using our services on behalf of another person or entity you represent that you are authorized to accept these terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these terms so there's a principle in law that you cannot contract on behalf of a third party without that third party's express consent and it seems that as drafted this particular provision seems to incur or suggest or imply the responsibility of a third party on behalf of whom another party has contracted to be liable towards the service provider I would suspect that this provision would not be enforceable against the third party and that the person who so warranted that the third party consented would be held liable visa via the service privacy because privacy used to be important please refer to our privacy policy for information about how we collect views and disclose information about you did anybody do that before they signed away the rights to their name likeness image to some unknown Russian entity I'm not judging I'm just asking I'm just asking and now we're getting into the juicy stuff User Content our services may allow you and others to create posts store and share content including messages text photos videos software and other materials collectively user content except for the license you grant below you retain all rights in and to your User Content as between you and face app further face app does not claim ownership of any user content that you post on or through the services it sounds so generous except for the license you grant below you retain all intellectual property rights to your User Content what could possibly go wrong but let's just see exactly what that license is that you are granting to face app you grant face app a perpetual irrevocable non-exclusive royalty-free worldwide fully paid transferable sub licensable license to use reproduce modify adapt published translate create derivative works from distribute publicly perform and display your User Content and any name user name or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you when you post or otherwise chair User Content on or through our services you understand that your User Content and any associated information such as your user name location or profile photo will be visible to the public you grant face app consent to use the User Content regardless of whether it includes an individual's name likeness voice are persona non sufficient to indicate the individual's identity by using the services you agree that the user content may be used for commercial purposes sorry I'm shouting because there's a saccade in the tree that's making a lot of noise I have to compete with nature also arm flabbergasted we're gonna have to come back to this provision a little later on let's just finish with the rest of the contract and we'll come back to dissecting this one at the end of the video you represent and warrant that one you own the User Content x you on or through the services or otherwise have the right to grant the rights and licenses set forth in these terms to you agree to pay for all royalties fees and other monies owed by reason of user content you stylize on or through the services and you have the legal right and capacity to enter into these terms in your jurisdiction what is being said in this provision right now face app wants to ensure that you have the legal right to upload the pictures that you're uploading to the app when there are pictures of yourself no problem it makes sense but it's the item 2 of this particular condition that is interesting you agree to pay for all royalties fees and other monies owed by reason of user continue stylize on or through the services but what does that mean well hypothetically if I upload a picture of Drake to see what Drake's gonna look like in 20 or 30 years I don't necessarily have the rights to that image that I uploaded in order to stylize through this face app that image which is not one of me might be protected by copyright and if I use that image on this app I may have to pay copyright or royalty fees to whoever owns copyright over that particular image and what am i agreeing to do in these terms of service I am agreeing to indemnify or basically pay to face off any royalties that may be owed if I happen to use a copyrighted image for the purposes of this app does everyone appreciate what that legal reality means when uploading and using this app I highly doubt it if you have a bunch of kids aged 13 to 18 who want to see what their favorite pop stars are gonna look like in 20 or 30 years and start pulling images from the internet they may be pulling copyrighted images for which they may have to pay royalties for use of those copyrighted images adults may not even fully appreciate the legal reality of using images of other people in order to see what they're gonna look like as old people but one thing is for certain face app understands and appreciates the legal reality and potential of people uploading copyrighted material onto the app in order to see what other people are gonna look like as old people prohibitive content is pretty self-explanatory and we don't really need to go through it except for one particular item of interest which relates back to what we were talking about about potentially having to pay royalties for images uploaded to the app you may not create post store or share any User Content that may infringe any patent trademark trade secret copyright or other intellectual or proprietary right of any party and that goes back to what we were saying before about people potentially using images of celebrities pop stars politicians in order to see what they're gonna look like as old people when they don't necessarily have the rights to those images because it's not just because it's on the internet that someone can pull the image and do what they want with it alright skipping over certain provisions which might only be of interest to the nerdiest of legal minds feedback I love this provision any questions comments suggestions ideas original or creative materials or other information you submit about face app or our product or services collectively feedback is non confidential and will become the sole property of face app we will own exclusive rights including without limitation all intellectual property rights in and to feedback and we will be entitled to unrestricted use and dissemination of feedback for any purpose commercial or otherwise without acknowledgment or compensation doooo beware when you offer feedback now I admittedly have not read the Terms of Service of all the service providers online but the idea that they own your feedback is devilishly genius and then we get into copyright complaints we have a policy of limiting access to our services and terminating the accounts of users who infringe the intellectual property rights of others if you believe that anything on our services infringes any copyright that you own or control you may notify face apps designated agent as follows designated agent your Slav Goncharov address wireless lab ooo 16 Aptos kya 401 st. Petersburg Russia st. Petersburg Russia now I am NOT highlighting this tufa meant any Russian American conflict or conspiracy theories at all . but if you didn't know the company behind this amazing viral app is in fact a Russia based company using artificial intelligence to map your facial features to make you look identical to what your gonna look like in 20 to 30 years storing it in databases to be used in any which way they want and there's nothing you can do about it moving on and then we get into the indemnification clause to the fullest extent permitted by applicable law you will indemnify defend and hold harmless face app and each of our respective officers directors agents partners and employees from and against any loss liability claim demand damages expenses or cost arising out of or related to your access to or use of our services your User Content or feedback your violation of these terms your violation misappropriation or infringement of any rights of another your conduct in connection with our services you agree to promptly notify face at parties of any third party claims cooperate with faces at parties blah blah blah blah does everyone appreciate what this means you as a user are going to hold the company harmless for any claims arising out of your use of the services period if you upload copyrighted content and they get sued by the copyright holder you hold them harmless you are going to assume the costs of defense you are going to assume the cost of any damages that the company incurs if you fully appreciate that all the better if you didn't until now all the better by the way this is a pretty standard provision that you'll find in any Terms of Service Agreement because obviously with the amount of users these types of service providers have they don't want to be held responsible for all of the potentially wrongful or damaging conduct by each and every one of their users but it is amazing from a legal and factual perspective and probably from an empirical one to the extent that many people are probably not aware that they are assuming this type of liability simply by using the app and then we move on to the disclaimers in addition face app does not represent or warrant that our services are accurate complete reliable current or error free while face app attempts to make your access to and use of our this is safe we cannot and do not represent or warrant that our services or servers are free of viruses or other harmful components you assume the entire risk as to the quality and performance of the services and now we have like a North by Northwest plane that seems to me certainly overhead what is going on today regardless what are they saying basically that this overseas Russian company does not guarantee that their servers are not going to get hacked and all of the private information of all the users leaked to the general public or third parties over whom they have no control basically buyer beware whatever you upload onto their server whatever pictures and information you upload if it gets leaked hacked or otherwise accessed by third parties they are not responsible for that not only are they not responsible for that they make no warranties or assurances that they are even able to provide that type of service to you and then you have your standard limitation of liability provisions which stipulates that face apps limitation of Liability is to the amount paid for the service which is free so basically they have no liability to you under any circumstances whatsoever with the exception of gross negligence and it's very nice a face app to actually not try and exclude their responsibility resulting from gross negligence and what is the difference between standard negligence for which face app has no responsibility and gross negligence for which they can in fact have responsibility it's basically the difference between being careless versus being recklessly stupid or absolutely unconcerned with the potential and foreseeable consequences of one's actions negligence versus gross negligence negligence they're off the hook for gross negligence they did not try to exclude their liability for gross negligence and that type of exclusion wouldn't hold up in law anyhow cuz no one can exclude their liability resulting from deliberate gross negligence or acts of fraud but it's nice of them to at least not have tried to attempt to exonerate themselves for their own gross negligence or deliberate fraud let's move on dispute resolution binding arbitration please read this following section carefully because it requires you to arbitrate certain disputes and claims with face app and limits the manner in which you can seek relief from us what is interesting in this is that it requires arbitration for certain types of disputes by merely having created an account and used the service and the enforceability of these types of arbitration provisions have recently been tested by the courts and there's an interesting distinction that has been set out by the courts that there is a difference between clicking I accept the terms and conditions specifically versus the implicit acceptance of the arbitration clause by merely creating an account downloading the service or using the app and there have been a couple of recent cases where the courts have said it wasn't sufficiently clear the acceptance wasn't sufficiently explicit that the user agree two mandatory arbitration simply by virtue of having created an account use the app or downloaded the app legitimate bona fide acceptance required an actual explicit I accept these terms and conditions button a clear obvious button that you click on it and when you click on it you overtly explicitly accept the terms and conditions and the mandatory arbitration clauses so whether or not this particular mandatory arbitration clause would be upheld by the courts that would be a matter for the courts to decide if and when anybody ever Sue's and takes this matter to the court and face eff says no no no we have to go to arbitration and then the courts have to decide whether or not that arbitration clause is itself applicable and valid all right and the miscellaneous provision pretty standard in all these types of contracts failure to enforce certain rights under the contract is not tantamount to a renunciation to exercise that right or other rights under the contract if certain terms of the contract are unenforceable it doesn't mean that the rest of the contract is unenforceable we can sever out the unenforceable terms of the agreement and leave the ones that are enforceable in yada-yada-yada boring let's get back to the magical provision of what the people of this world have signed away in using this app you grant perpetual irrevocable non-exclusive royalty-free transferable sub licensable license to use reproduce modify adapt publish translate create derivative works from distribute publicly perform and display your User Content and any name user name or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you I mean some people might call this diabolical in a nutshell basically they can do whatever they want whenever they want however they want for however long they want wherever they want did I say that already with any user content any information you have uploaded to their websites through their app including feedback they can do whatever they want with it they can use it for commercial purposes they can license it out they can sub license it out they can modify it they can change it they can adapt it they can perform it in public I don't know how they're gonna perform an old person's face in public but they can perform it in public because they say they can and there's nothing you can do about it they can use your name they can use your location the fact that you could be publicly identified to blood your face can be on a billboard in Russia for an ad for muscat vodka and there is nothing you can do about it your face can be on a billboard showing the detrimental effects of smoking and there's nothing you can do about it because you signed your rights away just by using the app and uploading your picture to the internet now I'm sort of being humorous about the nefarious consequences that can arise from the types of terms of services I've read through the YouTube Terms of Service I know what they can do with content that people upload onto the website they can use it for marketing purposes they can use it for promotional purposes so I don't think that these Terms of Service are radically out of line with what is pretty much standard in all these types of services but it certainly highlights the risks that many people might be unaware of when using these types of apps it also highlights the potentially extremely nefarious and sneaky ways that governments entities can go about collecting information data facial recognition by disguising it as a viral app that everyone uses for shoots and giggles and then lo and behold 150 million people have uploaded facial recognition data onto the database of some Russian company that no one has any idea what it does with this information afterwards I don't really know what types of nefarious things they can do about it maybe they can use the facial recognition to find criminals and arrest them I don't know and I leave the punditry to others I'm just bringing awareness to what was brought to my attention with respect to this viral app that people have been jumping on because everyone who just wants to see what they're gonna look like as an old wrinkled shriveled version of what they are now if you like this video and you're like my content please be sure to like share subscribe hit that like button the notification bell leave a comment because comments generate action action generates interest and that's how YouTube knows to recommend this video and my channel to other people who might not know I exist alright that's it now you are somewhat smarter you might be somewhat more cynical but at the very least now you know the vlog peace out

26 thoughts on “Real Lawyer Explains FaceApp's Terms of Service! Viva Frei Vlawg”

  1. Vlawg Dawg shirts here: https://represent.com/vlawg-dawg
    DSLR Dave for the glorious thumbnails. If you need thumbnails, he’s a true artist!
    And please share my videos and channel… I seem to have fallen back into YouTube’s algorithm bad books! 😂

  2. Add to the fact that arbitration rules, laws, and access are limited to Russia and may not apply to all other countries. So, if you feel violated or that you feel you have been wronged in some way, you will have to file your complaint and pursue arbitration in Russia, wherein your native rights, privileges, and legal authorities may or may not be legally recognized. This is relative to how well the legal system is rigged in Russia to protect corporate entities in Russia for the explicit exploitation of foreign resources for Russian advantages.

    It should be noted that this technology is not new, law enforcement agencies have been using this technology to hunt down criminals for decades. This is a branch of facial recognition software so by providing this resource with your image, you are enabling foreign actors to register your face for future use. In effect, this technology can be used to deny you travel rights and privileges to designated destinations by foreign authorities, and if you travel to areas foreign authorities don't want to go to, they can utilize this to recognize your presence and detain or arrest you simply for being at any location designated as off limits to you by a third party.

    Be advised, these resources would not necessarily be used against the average person. But lets say you are a publicly notable person with certain capital net worth. The legal implications of this technology can be used to effectively drain your bank accounts to foreign actors who simply want to put you in a legal box to extort your wealth for freedom through legal fees and services.

  3. If they can now use your name, likeness and location on any platform. . . Doesn't that mean they can now legally make a spoof Facebook account using your name, likeness and location? Wait, maybe that would violate Facebook TOS. I suddenly have the urge to find and read random TOS agreements. Who owns this feedback?

  4. 3 biggest lies:

    -in a minute…

    -I'll never ___ again…

    -Yes, I've read the terms of service…

    I make concerted effort to avoid doing anything that reminds me how old I already look.

  5. The US needs protections in place for users. My favorite term is "you can't sue us. And if you do it has to be in a foreign country a million miles away."

  6. Hi, above the comments area there is this. "Remember to keep comments respectful and to follow community guidelines" is this general to everyone or specific? Any idea what gives with this?🤔
    Really do like your vids. I wonder when some joke is going to have you give up your first kid or something to that effect!!

  7. How are the Terms of Service for a Russia developed app written in such good English? Where do their lawyers live?

  8. Russian intelligence services can track a traveler's movements almost anywhere in the world using facial recognition software. Say for example you happen to sit next to a person that is of interest to them in London. They can track you back to Canada/the U.S. I think it highly likely that FaceApp is connected to the Russian intelligence services and what they are most interested in is the ancillary data FaceApp collects such as location (home address, work, etc.). This is not idle speculation. See "Messing With the Enemy," by Clint Watts, HarperCollins, 05/29/18.

  9. Facebook simply replaced LIFELOG. None of this is any kind of surprise. What exactly is Russia going to do with my picture and or name?

  10. So… nothing out of the ordinary except that they’re russian? Nothing about having all my photos in my photo app? Nothing weird? Meh. Might use it now. Thanks for the review. Haha

  11. Regular Liberal: Spends two years crying about a fabricated Russian collusion involving the 2016 elections. Proceeds to give his/her image and identity to a shady Russian company in exchange for a "fun picture meme". Now, that's hilarious!

  12. I wonder how many Russian products will now be advertised by famous celebrities. Bring on the Deep Fakes.

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