An Instagram user filed a class action lawsuit on Dec. 21, on behalf of her and others against the photo sharing application and its changed terms of service.

Lucy Funes, a California Instagram user, claimed breach of contract and other claims on behalf of herself and other users of the Facebook photo sharing service. The lawsuit was filed in San Francisco federal court and is the first civil lawsuit filed as a result of Instagram's terms of service changes announced last week, Reuters reported.

Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier in 2012.

"We believe this complaint is without merit and we will fight it vigorously," Facebook spokesman Andrew Noyes said in an e-mail.

In its revised terms of service, Instagram announced a mandatory arbitration clause, which forces users to waive their rights to participate in a class action lawsuit except under very limited circumstances. The current terms of service, which will only be in effect until mid-January, contains no such liability protection. 

Instagram also remains in control regarding the ability to place ads with user content, saying, "we may not always identify paid services, sponsored content, or commercial communications as such." 

The lawsuit added that Instagram users who do not agree to the new TOS can cancel their profile, however, by doing so, they are also forfeiting rights to photos they previously shared on the service. Meaning, Instagram is then allowed freely to make do with a user's photos for their own commercial use.

"In short, Instagram declares that 'possession is nine-tenths of the law and if you don't like it, you can't stop us,' " the lawsuit said.

Facebook could not be reached for a comment at time of publication.

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