Parental Consent Liability Waiver Photo Release: Fill & Download for Free

Are you old enough in Turkey to be bound by contract? In the US, a person under the age of 18 can't be bound by contract. They can sign anything they want, but can choose at any time afterward not to be bound by the terms of the contract, and they can't be held in breech of contract. The contract is simply void.Also, watch out for any clauses that waive any of your rights or absolve the school of responsibility for actions of their employees. This is the kind of stuff lawyers like to hide in documents like you have. My kids' school district last year started asking parents to sign a "photo release" document that was pitched as "we need you to sign this so we can take photos and video around the school and post them on the school's website." The actual language was a waiver protecting the school district from damages caused by the actions of school employees related to photographing students. My belief is this language was there because last year a teacher at another school was caught taking "inappropriate" sexual photos of students, and IIRC sharing them online. Because it was a teacher, the school district was liable for civil damages, just like any other employer. The language in the photo release document would have protected them from liability.

I am pro-choice, but I have never bought the argument that life doesn’t begin at conception, that it’s just a clump of cells and has no right to consideration. I prefer to think of the question as a conflict between two competing dreams of which only one can be the victor; although I side with the mother’s dream I see gray in this decision that so many paint in black and white.The crux of Tate’s position espouses this same conflict; the rights of individual ownership over a shared experience. A few hours ago, immediately after reading this question, then her story, then her arguments, I would have said that some mistakes were made but for the most part I thought she was right. Now, I just think that she’s right.As I see it, there are really two questions here, two foci of contention. The first is whether Tate has a right, in the context of her daughter’s expressed objection, to continue to press to write about her at all. The second is whether she had the right to do so when her children were too young to give an opinion or express consent. The consent issue is more straightforward, so I’ll take aim at that first.I’d like to be clear that although this question asks for my opinion on Tate’s claim, I want to separate the question of choices I would make from the question of choices that I could make; this distinction is the driving force of my shift away from my original position that perhaps she had made some mistakes. Like any pro-choice person who might never choose to have an abortion themselves, my answer needs to be not about my own personal choices, but about the range that is acceptable within our society, and I want this framing because I want you, readers, to look at it through the same lens. It’s easy to summon quick outrage in sympathy with her daughter’s upset, but in the absence of the expressed objection, would her actions in using details and images of her daughter’s life as a toddler and a pre-schooler have been outside the norm? I claim the answer is no.I have kids, and consequently I am a long-time peruser of a variety of one of the richest internet resources for kids’ arts and crafts, which is blogs. Quite frequently these blogs are lifestyle blogs, and names, ages, and small snippets about the family’s children are contained therein. I also come to these blogs via the internet recipe search route, and while details of the children’s lives are more often absent here unless the meal preparation was a joint activity with them, it’s reasonably common to see the home page with a nice family photo of the parents and all the kids.In fact, there is an entire blog (probably more than one) devoted to content exactly like that which Tate claims to have produced: thoughtful essays about parenting that may illustrate or support the writing using details or anecdotes about the kids.[1] Sometimes those essays have names and ages,[2] sometimes they don’t but contain far more details about a child’s actions.[3] I have seen links to articles from that blog here on Quora, and the questions I have seen on these links have never been about whether or not the author violated their kids’ privacy by telling these details of their preschoolers’ lives without their consent. I have seen authors here on Quora give details or stories about their kids in this fashion while answering questions, and the comment sections are never full of the readers’ reservations that the author gave specifics about their child.The point made by the above observations is that this type of content, content that references specifics of a child’s life before they are of age to even consent to their representation, sometimes with names and ages, is everywhere, and outrage about the violation of privacy of those too young to consent is not. Yes, there is occasional discussion about where the limits should be, as Tate notes herself, but in general it is accepted as within the norm.Hopefully, I have made this point well enough that you are now thinking about times in the past when you may have seen similar content and accepted it without a second thought, questions about whether or not the children were old enough to consent to use of their stories never having crossed your mind. Possibly, you may be thinking about the question of the value of that content. I certainly find it valuable, in ways that have benefited not only myself, but also my children. And judging by some of the comments that do appear on those blog articles and Quora answers — you know, the comments that aren’t about the author’s crime against the privacy of their children — many others find value in it too.Possibly you don’t find anything worthy in it, but rhetorically assuming that you do, or at least that you accept the argument that others do, perhaps you are now considering whether such compositions could be written to have the same impact and resonance in the absence of those stories. Anecdotally, I can tell you from my own experience here on Quora that I believe the answer to that question is no. In one of my recently written and most-upvoted-ever answers here,[4] I opened with what was functionally a tacit admission that my own 15-year old son struggles with chores and is routinely criticized for not making his family contribution. I don’t fool myself that that answer was such a high level above the rest of my content that it would have been so popular without that attention-grabbing first line.Maybe, you might not have gone in that direction of questioning whether that presentation is really necessary for the value of the content. Maybe you found that easy to accept because you think the real issue is about how much is OK. “Oh,” you might be thinking, “that answer where you talked about your son in the first line is alright, you didn’t really give anything away that’s so unique to him, and it was only the one sentence anyway.” One of the reasons that I have never liked the “it’s not really alive right after conception” argument for choice is that the question that immediately follows is “Well, then when is it really alive?” Despite the fact that there is an entire branch of mathematics built on the foundational concept that if you make a bunch of connected pieces tiny enough eventually they become one continuous thing and not a collection of separate things, this process doesn’t go well in reverse. Looking at a continuous spectrum and picking out a discrete point to be the bright, shining line of division where everything on one side is OK and everything on the other isn’t — that’s hard, and the answer is almost always one that everyone agrees is a compromise, a judgment call. So before you get too far down that path of “but”: but it’s OK if it’s not too much, but it’s OK if they don’t use the images, but it’s OK if they don’t use the real names, I’m just going to highlight what I view to be the extreme end of this spectrum that our culture considers acceptable. Ladies and gentlemen, I give you Jon & Kate Plus 8, 19 Kids and Counting, and The Real Housewives of <insert locale here>.I have never watched these shows, nor paid more than passing attention to them as a cultural phenomenon, but in an (admittedly brief) stint of internet research, I don’t find any controversy over the parents’ right to place their children on these shows, to make them part of the focus of the shows, to intrude on their privacy. I found expressions of concern, but they were about working conditions, child labor laws, behavioral problems of the lifestyle and whether proper consideration is being taken for the child’s welfare.[5] [6] They were not about whether these shows should maybe not exist at all because they violated the children’s rights to privacy.For the Duggar family, I found criticism of their religious views, of their political views, and of their lifestyle, but the only criticism I found relating to anything that “maybe shouldn’t be aired to the public” was when they shared photos of their miscarried baby.[7] In light of the outrage expressed in the comments of Ms. Tate’s article I find this ironic. The veil of culturally acceptable privacy was pierced by photos of their dead child, when the dead are commonly considered not to have any rights of privacy to violate, but not one squeak about how nobody had asked the 3 children born during the tenure of the show if they wanted to participate and whether or not the parents had been presumptuous in simply adding them in.Of course, the fact that I did not find those discussions does not mean they are not occurring, or that they are not there to find. But I think the lack of prominence does mean that a parents’ right to make decisions about high level public access to details of their children’s private lives is not only a legal perspective, but a normative one. Maybe that won’t always be true. Maybe it will change. I’ve written elsewhere, many times, that just because something is legal or common doesn’t make it right. But before any change can happen I want to see conversation, not castigation. Consideration, not knee-jerk reaction. Evaluation of the pros and cons of all the parties with a stake, not just a confirmation-bias position taken with 20–20 hindsight.For myself, personally, I recognize that the slippery slope argument I gave above is a logical fallacy. Saying that it’s hard to know where to put the line is not a sufficient justification for not having one, nor is it even the case that one does not already exist here; there are laws about use of one’s own child’s images in the context of child pornography etc. Nonetheless, I feel that the value equation is sufficiently complex that I don’t believe the greatest benefit comes from an external mandate. I’ll note that my position that Ms. Tate should retain the right to make choices is not the same as saying that I don’t think she should have to answer for the choices she makes. It’s just that it’s not us that I think she should have to answer to, any more than I think that a woman who chooses to abort a baby should have to justify her decision to the public. And I concede that it’s possible I would feel differently about that, were it not that I so strongly agree with the other perspective of her position, that she has an ownership stake in this shared experience and that gives her rights too.My grandfather’s camera was everywhere, and I hated it. He was no respecter of whether or not you had a fork halfway into your asymmetrically opened mouth when the shutter went off, and I was an unpopular tween with self-esteem issues who couldn’t understand why I was so socially inept. The last thing I needed was six million bad pictures of myself. I eventually came to an agreement with my parents that I would allow my picture to be taken and stop hiding from the camera, if I were allowed to take possession of both the photograph and the negative of any picture I disliked. But should my desire to control those permanent recordings of myself have had primacy over my family’s desire to have permanent reminders of family gatherings, ones that would have failed to represent the family experience had I been universally absent from them? Have they no vested interest?While you are thinking about that, I’ll note that on a routine basis parents grant the interest of others in a shared environment under circumstances where the level of investment in a particular child is much less: I refer to the media release so common in waiver forms for children’s activities. Here is an example, from Part A of the medical form of the Boy Scouts of America that must be filled out by the parent for any child attending any camp or overnight scouting activity where their parent will not be present:I also hereby assign and grant to the local council and the Boy Scouts of America, as well as their authorized representatives, the right and permission to use and publish the photographs/film/videotapes/electronic representations and/or sound recordings made of me or my child at all Scouting activities, and I hereby release the Boy Scouts of America, the local council, the activity coordinators, and all employees, volunteers, related parties, or other organizations associated with the activity from any and all liability from such use and publication. I further authorize the reproduction, sale, copyright, exhibit, broadcast, electronic storage, and/or distribution of said photographs/film/videotapes/electronic representations and/or sound recordings without limitation at the discretion of the BSA, and I specifically waive any right to any compensation I may have for any of the foregoing.[8]Have you ever checked a box like this, giving permission for images and recordings of your child to be used? Did you do a serious assessment of the pros and cons? Did you ask your child first? If you did, were they of an age where their consent was in any way meaningful?I spend a week every summer volunteering at a Cub Scout camp in an administrative role, and I handle these forms. I can tell you that my experience is that very, very few parents withhold this permission. I suspect strongly that for most parents, the thought process is something like: “Well, of course it’s reasonable to expect that this organization will take pictures etc. for a variety of reasons including advertising, and of course it would be extremely difficult for them to single out my kid and make sure he isn’t in any photos when they’re just getting candid shots of a group while the kids are doing their stuff, and really, what’s the harm?” There is a casual assumption that in a group activity, where it’s reasonable to take pictures or video of the group, it’s reasonable to grant permission to other invested parties to have control of those images. That is not a legal assumption, or the waiver would not be required. But it is the way that average people behave.My husband is sensitive to me telling other people (friends, etc.) stories about him that he perceives to portray him in a less than positive light. We don’t always agree about which stories these are; I’ve occasionally relayed something about a shared experience that I thought was fine in a group dinner with friends and had him tell me later that he was upset that I had shared that. Does he have the right to tell me that I am not allowed to discuss anything he does with other people, in order to guarantee that no mistakes are made? Forget the mistakes, does he even have the right to tell me that I can’t say anything about him to others, even if I am as much a part of the story as he is, unless he has approved it in advance? Let’s imagine that I came here on Quora and asked that question: “My husband won’t allow me to talk about him to others unless he approves what I have to say in advance, what should I do?” I’m willing to bet that after I waded through the ocean of responses telling me I was trolling because nobody could be so stupid as to not know that the right answer is to leave him, I would find some very helpful answers explaining to me that this was controlling and unhealthy behavior on the part of my spouse, and that I should consider leaving him or at a minimum seek counseling. I doubt that I would find any answers upholding his sole right to determine the use of our shared experience.Another answer here suggests that we should flip the tables; consider how we would feel about the child sharing their experience without the parents’ permission. Alright. I’ll go there. In an elementary-school assignment to tell which room in the house was their favorite and give five reasons why, one of my children wrote that one of the reasons he chose this room was that when Mom and Dad are arguing you can’t hear it in there. As you may imagine, I had an uncomfortable moment envisioning what the teacher would think as she read that. But should I have made him change his response? I can see the headlines now: “Parent forces child to rewrite schoolwork to conceal evidence of family dysfunction.”In each of those examples, it’s wrong for one party to have total control of the joint narrative, and Tate is not saying differently; she does not propose that her control at this point in time should be total. Of her daughter’s rights she notes:Certainly, my daughter is old enough now that I owe her a head’s up and a veto right on the pictures or on portions of the content … Amputating parts of my experience feels as abusive to our relationship as writing about her without any consideration for her feelings and privacy.There it is, clear as day, she feels that writing about her daughter without any consideration for her daughter’s perspective is abusive. That doesn’t appear to me as callous disregard for her daughter’s part-ownership of their mutual experiences. But note also a key point; her daughter’s right to consent is related to her age. Not a specific age, but it doesn’t need to be; this is about development and maturity. Maturity is always a key component of consent; no four year old could meaningfully consent to a parent’s use of content.That’s important, because Tate also says this:So my plan is to chart a middle course, where together we negotiate the boundaries of the stories I write and the images I include. This will entail hard conversations and compromises. But I prefer the hard work of charting the middle course to giving up altogether — an impulse that comes, in part, from the cultural pressure for mothers to be endlessly self-sacrificing on behalf of their children. As a mother, I’m not supposed to do anything that upsets my children or that makes them uncomfortable, certainly not for something as culturally devalued as my own creative labor.Writer Christine Organ has described how “we seem to be creating this unrealistic image of the mother as all-giving, all-knowing, selfless, superhuman who will gladly give up the last piece of apple pie to please her lip-smacking, big-eyed child.” Surely, there’s a way to cut the pie so that I can write about motherhood in a way that takes into account my daughter’s feelings and respects her boundaries. But if I simply cordoned off motherhood as a forbidden subject for my writing, we would never know.In my experience, Tate and Organ are right about the cultural pressure on mothers to place their children’s desires first, and their own needs last. And when children are very small that is not unreasonable. But I do not think it is the case that when parents become pregnant, they are signing up for 18 years of unmitigated second seat, 18 years of subjugating their individuality and personhood to their offspring. Rather, at some point during the process of maturation, children gradually become aware — or they should — that parents are people also, and sometimes they will come first. That 18 years of growth and maturation is a long, slow process of equalization of autonomy between parent and child. We cheer the developmental milestone when our toddlers begin staking out their territories of self-control. Yet over the years, increased privilege is built on the back of concomitant increased responsibility.When I was old enough to care about how I looked in photographs, old enough to be negotiated with on the basis of my consent, I was also old enough to understand that my parents and family had a right to want photographs of me. I think the situation is similar here; if Tate’s daughter has reached the age where she is mature enough to be owed consent, then she is also old enough to be expected to understand why it is unreasonable for her to expect totalitarian control over an experience that doesn’t belong only to her. Maybe she doesn’t understand it right now, but to me that simply means that she has growing to do; growth that will occur through that process of negotiating the boundaries. Growth that needs to occur, that should occur, that will inform her daughter of her own right to personhood when she is on the other side of this equation with children of her own. Growth that will never have a chance to happen if Tate cedes the battlefield immediately rather than pressing for a treaty as she proposes.Footnotes[1] Scary Mommy: A parenting community for imperfect parents[2] The Question That Changed The Co-Parenting Relationship With My Ex[3] If You See A Kid Having A Tantrum In Public, Do This[4] Jennifer Edeburn's answer to My mother says I don't 'contribute' to the family. How do I do so and become more responsible, practically?[5] Do children ever belong on reality TV?[6] ‘Kid Nation’ - Television[7] Duggars Share Photos Of Miscarried Baby At Memorial[8] https://filestore.scouting.org/filestore/HealthSafety/pdf/680-001_ABC.pdf

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WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “WHATSAPP PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.Limitation of liabilityTHE WHATSAPP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE WHATSAPP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE WHATSAPP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.IndemnificationYou agree to defend, indemnify, and hold harmless the WhatsApp Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.Dispute resolutionForum and Venue. If you are a WhatsApp user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.Governing Law. The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between WhatsApp and you, without regard to conflict of law provisions.Availability and termination of our servicesAvailability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with WhatsApp: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.”OtherUnless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding WhatsApp and our Services, and supersede any prior agreements.We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.Any amendment to or waiver of our Terms requires our express consent.We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.Nothing in our Terms will prevent us from complying with the law.Except as contemplated herein, our Terms do not give any third-party beneficiary rights.If we fail to enforce any of our Terms, it will not be considered a waiver.If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below.We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.We always appreciate your feedback or other suggestions about WhatsApp and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).Special arbitration provision for United States or Canada usersPLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A WHATSAPP USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between WhatsApp and you is subject to arbitration.Agreement to Arbitrate for WhatsApp Users Located in the United States or Canada. For WhatsApp users located in the United States or Canada, WhatsApp and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. WhatsApp and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. WhatsApp and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at http://www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:WhatsApp Inc.Arbitration Opt-Out1601 Willow RoadMenlo Park, California 94025United States of AmericaYou must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.Time Limit to Start Arbitration. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a WhatsApp user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.Accessing WhatsApp's terms in different languagesTo access our Terms in certain other languages, change the language setting for your WhatsApp session. If our Terms are not available in the language you select, we will default to the English version.Please review the following documents, which provide additional information about your use of our Services:WhatsApp Privacy PolicyWhatsApp Intellectual Property PolicyWhatsApp Brand GuidelinesWhatsApp Privacy PolicyLast modified: August 25, 2016 (archived versions)Respect for your privacy is coded into our DNA. Since we started WhatsApp, we’ve aspired to build our Services with a set of strong privacy principles in mind.WhatsApp provides messaging, Internet calling, and other services to users around the world. Our Privacy Policy helps explain our information (including message) practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building WhatsApp so delivered messages aren’t stored and giving you control over who you communicate with on our Services.When we say “WhatsApp,” “our,” “we,” or “us,” we’re talking about WhatsApp Inc. This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and website (together, “Services”) unless specified otherwise.Please also read WhatsApp’s Terms of Service (“Terms”), which describes the terms under which you use our Services.Information We CollectWhatsApp receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.Information You ProvideYour Account Information. You provide your mobile phone number to create a WhatsApp account. You provide us the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. You confirm you are authorized to provide us such numbers. You may also add other information to your account, such as a profile name, profile picture, and status message.Your Messages. We do not retain your messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages, files, and share location information) are delivered, they are deleted from our servers. Your messages are stored on your own device. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 30 days as we try to deliver it. If a message is still undelivered after 30 days, we delete it. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time. We also offer end-to-end encryption for our Services, which is on by default, when you and the people with whom you message use a version of our app released after April 2, 2016. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them.Your Connections. To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.Customer Support. You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.Automatically Collected InformationUsage and Log Information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.Transactional Information. If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment.Device and Connection Information. We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We collect device location information if you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.Cookies. We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide WhatsApp for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you. Learn more about how we use cookies to provide you our Services.Status Information. We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message.Third-Party InformationInformation Others Provide About You. We receive information other people provide us, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you.Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.Third-Party Services. We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use the WhatsApp share button on a news service to share a news article with your WhatsApp contacts, groups, or broadcast lists on our Services, or if you choose to access our Services through a mobile carrier’s or device provider’s promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.How We Use InformationWe use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services.Our Services. We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us. We use cookies to operate, provide, improve, understand, and customize our Services.Safety and Security. We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.Communications About Our Services and the Facebook Family of Companies. We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services and those of the Facebook family of companies, of which we are now a part.No Third-Party Banner Ads. We do not allow third-party banner ads on WhatsApp. We have no intention to introduce them, but if we ever do, we will update this policy.Commercial Messaging. We will allow you and third parties, like businesses, to communicate with each other using WhatsApp, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. For example, you may receive flight status information for upcoming travel, a receipt for something you purchased, or a notification when a delivery will be made. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, you can manage these communications, and we will honor the choices you make.Information You And We ShareYou share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.Account Information. Your phone number, profile name and photo, online status and status message, last seen status, and receipts may be available to anyone who uses our Services, although you can configure your Services settings to manage certain information available to other users.Your Contacts and Others. Users with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share.Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.Third-Party Services. When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (such as iCloud or Google Drive), they will receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.Affiliated CompaniesWe joined the Facebook family of companies in 2014. As part of the Facebook family of companies, WhatsApp receives information from, and shares information with, this family of companies. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customize, support, and market our Services and their offerings. This includes helping improve infrastructure and delivery systems, understanding how our Services or theirs are used, securing systems, and fighting spam, abuse, or infringement activities. Facebook and the other companies in the Facebook family also may use information from us to improve your experiences within their services such as making product suggestions (for example, of friends or connections, or of interesting content) and showing relevant offers and ads. However, your WhatsApp messages will not be shared onto Facebook for others to see. In fact, Facebook will not use your WhatsApp messages for any purpose other than to assist us in operating and providing our Services.Learn more about the Facebook family of companies and their privacy practices by reviewing their privacy policies.Assignment, Change Of Control, And TransferAll of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.Managing Your InformationIf you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:Services Settings. You can change your Services settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate.Changing Your Mobile Phone Number, Profile Name and Picture, and Status Message. You must change your mobile phone number using our in-app change number feature and transfer your account to your new mobile phone number. You can also change your profile name, profile picture, and status message at any time.Deleting Your WhatsApp Account. You may delete your WhatsApp account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your WhatsApp account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.Law And ProtectionWe may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, WhatsApp, the Facebook family of companies, or others.Our Global OperationsYou agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.Updates To Our PolicyWe may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.Contact UsIf you have questions about our Privacy Policy, please contact us.WhatsApp Inc.Privacy Policy1601 Willow RoadMenlo Park, California 94025United States of America