LinkedIn is a company that promotes the interaction of the world’s professionals in an online setting. Through a user-friendly interface, LinkedIn encourages people to create profiles with their best skills, a thorough resumé, past accomplishments, and future aspirations, promising greater likelihood of employment as a result. In the same vein, recruiters use LinkedIn as a tool to connect with potential job candidates faster and/or over larger physical distances. In an effort to fully understand the rights users waive and responsibilities they assume when using an application or website, I read and researched LinkedIn’s official “User Agreement,” whose content is broken into ten different sections.
First, the “Introduction” states that usage of the application automatically enters users (and visitors) into a legally binding contract with the company. This means that failure to comply with their terms and conditions can result in suspension or deletion of an account. The only way to exit the contract is to delete the account. This section also defines terms and phrases, including “Designated countries” as the EU, EEA, and Switzerland, and also differentiates a site “Member” from a site “Visitor.” Finally, this section clarifies that users will be notified of changes made to the contract prior to their implementation.
Second, the “Obligations” section encompasses service eligibility, accounts, payment, and notices and messages. To use LinkedIn’s services, one must be over the age of 16, create only one account and use your real name, and not be previously banned. As an account holder, you are responsible for creating a strong password and to keep your data confidential. If users are to purchase/upgrade to LinkedIn’s premium subscription service, you essentially agree to pay the listed price every billing cycle (unless canceled) and give the company the privilege to store payment information. Finally, by sharing any content, you must acknowledge that other Members and Visitors can see that content (unless appropriate settings are toggled) and that LinkedIn can remove your post at any time without an explanation.
Third, the “Rights and Limits” section addresses licensing,” service availability, other content, limits, property rights, and automated processing. LinkedIn reserves the right to re-publish, distribute, and use any content you post. In return, the company promises not to use the content in advertisements, ask for consent of use beyond the User Agreement’s parameters, or stop you from posting the same content elsewhere online. The company also reserves the right to discontinue services at any time and do not promise the storage of users’ data. They also remind you that the violation of these limits could result in discontinuation of an individual’s services. Finally, LinkedIn communicates that they use your data to improve their job/employment/contact recommendations.
Fourth, the “Disclaimer and Limit of Liability” covers the fact that there is no warranty on their product and the “Exclusion of Liability.” This states that LinkedIn “shall not be liable to you for a host of various reasons. However, if the company is found liable, they will not pay five times the most recent fee paid for premium subscription or $1000 USD.
Finally, in sections five through ten, the User Agreement skims over a variety of different topics (in which most are too brief to designate a paragraph to). Over these sections, LinkedIn confirms that both the company and the user can end the contract at any time. If the company does face a legal dispute, it must be resolved in California or Dublin, Ireland courts. This is most likely because the laws in these locations align with LinkedIn’s goals/principles. LinkedIn also lists “dos” and “don’ts” as a member of the community. Some of these include providing accurate information (versus creating a false identity) and using the services in a professional manner (versus trolling).
In conclusion, it is obvious that LinkedIn and similar companies require compliance to numerous expectations from their users. While some of these requests are reasonable, others are outlandish (ex. using only Californian or Irish courts and laws in a dispute).
I also spoke with a friend of mine, David, about “Terms of Service” and what they mean to him. Here’s what he had to say…
