Oversight Board Website Terms of Use
The Oversight Board (the “Board”) was created to assist Facebook, Inc. (“Facebook,” “us,” “we” or “our”) to determine what content should be taken down from, and what content should be allowed on, our platforms (e.g., Facebook and Instagram) based on Facebook’s rules and policies, which will support Facebook’s work to promote safety, security, and integrity of the Facebook Products. The Board’s work will also support the Facebook community by ensuring objective review and validation of the application of our community standards and other policies in cases of importance to our users and our community. This website (the “Website”) provides Facebook users with an opportunity to learn more about the Board and to request an appeal of certain of Facebook’s decisions regarding whether or not their piece of content violated Facebook’s content policies, as well as a summary of those decisions and the policies and values used by Facebook to make those decisions.
These Terms of Use (these “Terms”) govern the use of the Website and are a legal contract between you and Facebook, so it is important that you review them carefully. The Website is a Facebook Product, provided to you by us. Additionally, your use of certain functions of the Website (such as those that require an account in connection with Facebook Products and related services, including Instagram) are governed by such other Facebook Products’ respective terms (including, for example, our Facebook Terms of Service and Instagram Terms of Use) (as applicable to you based on the Facebook Products and related services you use, the “Product Terms”), which continue to apply in full force and effect. To the extent any such terms conflict with these Terms, such other terms shall govern to the extent of the conflict. Please note that these Terms only apply to your use of the Website. These Terms do not apply to any other Facebook Product and related service, which remain unaffected by the contents of these Terms and which are governed by their respective terms.
These are the Terms you agree to when you use the Website. If you do not agree to these Terms, do not access or use the Website. We may need to update these Terms from time to time to accurately reflect our services and practices. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests. You accept any changes to, and are bound by, the updated Terms if you continue to use the Website once any updated Terms are in effect. We will notify you at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. We will inform you about this 30 day period and its importance in our notification. The Data Policy for the Oversight Board’s Data Processing Activities and Cookie Policy for the Oversight Board Website available on the Website explains how we treat your personal data and protect your privacy when you access or use the Website. By accessing or using the Website, you understand that we will use your personal data in accordance with the Data Policy for the Oversight Board’s Data Processing Activities and Cookie Policy for the Oversight Board Website.
Effective Date: May 6, 2020
Using the Website
Using the Website
When accessing or using the Website you must provide accurate information about yourself, including about any account you may have in connection with any Facebook Product and related services. You must only use the Website for non-commercial purposes. You may not use the Website if you are under 13 years old (or the minimum legal age in your country to use the Website), you are a convicted sex offender, or you are prohibited from receiving our products, services, or software under applicable laws or regulations. Additionally, you may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or use the Website in a manner that violates these Terms, the Product Terms, if applicable, or any applicable laws or regulations. For example, and without limitation, you may not:
When accessing or using the Website you must provide accurate information about yourself, including about any account you may have in connection with any Facebook Product and related services. You must only use the Website for non-commercial purposes. You may not use the Website if you are under 13 years old (or the minimum legal age in your country to use the Website), you are a convicted sex offender, or you are prohibited from receiving our products, services, or software under applicable laws or regulations. Additionally, you may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or use the Website in a manner that violates these Terms, the Product Terms, if applicable, or any applicable laws or regulations. For example, and without limitation, you may not:
- impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- engage in unauthorized spidering, “scraping,” or harvesting of content, data or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, virus, code, or routine to disable, impair, or interfere or disable, impair, or interfere with the proper working of the Website or any activity conducted on the Website or probe, scan, test the vulnerability of, or breach the security of any system or network;
- modify, copy, create derivative works of, decipher, decompile, disassemble, extract or reverse-engineer any of the underlying code or software comprising or in any way making up a part of the Website;
- distribute any unauthorized materials or advertise or promote goods or services without our written consent (including, without limitation, by sending spam);
- submit content that infringes on the copyright, trademark, patent, or other intellectual property rights of any third party;
- submit content containing any data with special protections about other individuals in your written responses to the questions you are asked as part of the appeal;
- other than with respect to content that is subject to an appeal to the Board, submit content that is false, fraudulent, misleading, libelous, defamatory, obscene, abusive, hateful, discriminatory, sexually-explicit or unlawful, violates a third party’s right to privacy or publicity, or degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification;
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type; and
- attempt to do any of the foregoing.
If we determine that you have breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms in a way that breaches applicable law. We reserve the right to access, read, preserve, and disclose any information (including personal information, in accordance with our Data Policy for the Oversight Board’s Data Processing Activities and the Facebook Data Policy), as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to Website user support requests, or (v) protect the rights, property or safety of us, our Website users, and the public.
If we determine that you have breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms in a way that breaches applicable law. We reserve the right to access, read, preserve, and disclose any information (including personal information, in accordance with our Data Policy for the Oversight Board’s Data Processing Activities and the Facebook Data Policy), as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to Website user support requests, or (v) protect the rights, property or safety of us, our Website users, and the public.
Intellectual Property
Intellectual Property
The contents of the Website are protected under copyright, trademark, and other laws. All copyrights in, and trademarks and logos used on, the Website are owned by us, the Board or our respective licensors. Other than your access to the Website for non-commercial purposes in accordance with these Terms, you may not use the contents of the Website for any purpose without the written consent of the owner or licensor. Except for content that you have submitted via the Website, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Website without our written consent.
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
The contents of the Website are protected under copyright, trademark, and other laws. All copyrights in, and trademarks and logos used on, the Website are owned by us, the Board or our respective licensors. Other than your access to the Website for non-commercial purposes in accordance with these Terms, you may not use the contents of the Website for any purpose without the written consent of the owner or licensor. Except for content that you have submitted via the Website, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Website without our written consent.
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
- identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- your name, address and daytime telephone number, and an email address if available, so that we may contact you if necessary;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agent may be reached by contacting:
Facebook Designated Agent, Facebook, Inc.1601 Willow RoadMenlo Park, CA 94025(650) 543-4800ip@fb.com
Upon receipt of a valid notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We may also suspend or disable the privileges of users who repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Upon receipt of a valid notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We may also suspend or disable the privileges of users who repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Limitation of Liabilities
Limitation of Liabilities
Your use of the Website is at your own risk. THE WEBSITE IS PROVIDED “AS IS,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Website or any third-party sites linked to or from the Website, or that the functions provided will be uninterrupted, safe, secure, or error-free, or that they will function without disruptions, delays or imperfections. We expressly disclaim any liability for any errors or omissions in the content included on the Website, any third-party sites linked to or from the Website and any actions or conduct (whether online or offline) of any third parties, including any content such parties share or provide with us (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you and the above exclusions shall apply only to the maximum extent permitted under applicable law.
To the maximum extent permitted under applicable law, in no event will we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, exemplary, consequential or punitive damages, lost profits or revenues, or other damages whatsoever arising out of or related to these Terms or the use of the Website, any interruption in availability of the Website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Website or the data collected through the Website, even if we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns have been advised of the possibility of such damages or loss. Our aggregate liability arising out of or relating to these Terms will not exceed $100. Notwithstanding the foregoing, applicable law may not allow the limitation or exclusion of liability set forth above. In such case, we shall bear liability to the extent required by such law.
Your use of the Website is at your own risk. THE WEBSITE IS PROVIDED “AS IS,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Website or any third-party sites linked to or from the Website, or that the functions provided will be uninterrupted, safe, secure, or error-free, or that they will function without disruptions, delays or imperfections. We expressly disclaim any liability for any errors or omissions in the content included on the Website, any third-party sites linked to or from the Website and any actions or conduct (whether online or offline) of any third parties, including any content such parties share or provide with us (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you and the above exclusions shall apply only to the maximum extent permitted under applicable law.
To the maximum extent permitted under applicable law, in no event will we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, exemplary, consequential or punitive damages, lost profits or revenues, or other damages whatsoever arising out of or related to these Terms or the use of the Website, any interruption in availability of the Website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Website or the data collected through the Website, even if we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns have been advised of the possibility of such damages or loss. Our aggregate liability arising out of or relating to these Terms will not exceed $100. Notwithstanding the foregoing, applicable law may not allow the limitation or exclusion of liability set forth above. In such case, we shall bear liability to the extent required by such law.
Indemnification
Indemnification
If you are a user of the Website in the United States of America, you agree to indemnify, defend (at our request), and hold us and our owner, subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities arising out of or related to your use of the Website and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
If you are a user of the Website in the United States of America, you agree to indemnify, defend (at our request), and hold us and our owner, subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities arising out of or related to your use of the Website and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
Choice of Law and Forum
Choice of Law and Forum
If you are a consumer residing outside of the United States of America, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (a “Claim”), and you may resolve your Claim in any competent court in that country that has jurisdiction over the Claim. In all other cases, you agree that such Claim will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim, and that your access to and use of the Website and any Claim will be governed by and will be construed in accordance with the laws of the State of California without regard to principles of conflicts of laws.
If you are a consumer residing outside of the United States of America, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (a “Claim”), and you may resolve your Claim in any competent court in that country that has jurisdiction over the Claim. In all other cases, you agree that such Claim will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim, and that your access to and use of the Website and any Claim will be governed by and will be construed in accordance with the laws of the State of California without regard to principles of conflicts of laws.
Miscellaneous
Miscellaneous
These Terms, together with any other Product Terms, if applicable, applicable to your access and use of the Website, constitute the entire agreement between you and us concerning the Website. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Website. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us, including in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You agree not to transfer any of your rights or obligations under these Terms to anyone else without our written consent.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Any waiver of these Terms must be made in writing and signed by us. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
These Terms, together with any other Product Terms, if applicable, applicable to your access and use of the Website, constitute the entire agreement between you and us concerning the Website. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Website. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us, including in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You agree not to transfer any of your rights or obligations under these Terms to anyone else without our written consent.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Any waiver of these Terms must be made in writing and signed by us. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
Oversight Board Website Terms of Use
The Oversight Board (the “Board”) was created to assist Facebook, Inc. (“Facebook,” “us,” “we” or “our”) to determine what content should be taken down from, and what content should be allowed on, our platforms (e.g., Facebook and Instagram) based on Facebook’s rules and policies, which will support Facebook’s work to promote safety, security, and integrity of the Facebook Products. The Board’s work will also support the Facebook community by ensuring objective review and validation of the application of our community standards and other policies in cases of importance to our users and our community. This website (the “Website”) provides Facebook users with an opportunity to learn more about the Board and to request an appeal of certain of Facebook’s decisions regarding whether or not their piece of content violated Facebook’s content policies, as well as a summary of those decisions and the policies and values used by Facebook to make those decisions.
These Terms of Use (these “Terms”) govern the use of the Website and are a legal contract between you and Facebook, so it is important that you review them carefully. The Website is a Facebook Product, provided to you by us. Additionally, your use of certain functions of the Website (such as those that require an account in connection with Facebook Products and related services, including Instagram) are governed by such other Facebook Products’ respective terms (including, for example, our Facebook Terms of Service and Instagram Terms of Use) (as applicable to you based on the Facebook Products and related services you use, the “Product Terms”), which continue to apply in full force and effect. To the extent any such terms conflict with these Terms, such other terms shall govern to the extent of the conflict. Please note that these Terms only apply to your use of the Website. These Terms do not apply to any other Facebook Product and related service, which remain unaffected by the contents of these Terms and which are governed by their respective terms.
These are the Terms you agree to when you use the Website. If you do not agree to these Terms, do not access or use the Website. We may need to update these Terms from time to time to accurately reflect our services and practices. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests. You accept any changes to, and are bound by, the updated Terms if you continue to use the Website once any updated Terms are in effect. We will notify you at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. We will inform you about this 30 day period and its importance in our notification. The Data Policy for the Oversight Board’s Data Processing Activities and Cookie Policy for the Oversight Board Website available on the Website explains how we treat your personal data and protect your privacy when you access or use the Website. By accessing or using the Website, you understand that we will use your personal data in accordance with the Data Policy for the Oversight Board’s Data Processing Activities and Cookie Policy for the Oversight Board Website.
Effective Date: May 6, 2020
Using the Website
When accessing or using the Website you must provide accurate information about yourself, including about any account you may have in connection with any Facebook Product and related services. You must only use the Website for non-commercial purposes. You may not use the Website if you are under 13 years old (or the minimum legal age in your country to use the Website), you are a convicted sex offender, or you are prohibited from receiving our products, services, or software under applicable laws or regulations. Additionally, you may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or use the Website in a manner that violates these Terms, the Product Terms, if applicable, or any applicable laws or regulations. For example, and without limitation, you may not:
When accessing or using the Website you must provide accurate information about yourself, including about any account you may have in connection with any Facebook Product and related services. You must only use the Website for non-commercial purposes. You may not use the Website if you are under 13 years old (or the minimum legal age in your country to use the Website), you are a convicted sex offender, or you are prohibited from receiving our products, services, or software under applicable laws or regulations. Additionally, you may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or use the Website in a manner that violates these Terms, the Product Terms, if applicable, or any applicable laws or regulations. For example, and without limitation, you may not:
- impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- engage in unauthorized spidering, “scraping,” or harvesting of content, data or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, virus, code, or routine to disable, impair, or interfere or disable, impair, or interfere with the proper working of the Website or any activity conducted on the Website or probe, scan, test the vulnerability of, or breach the security of any system or network;
- modify, copy, create derivative works of, decipher, decompile, disassemble, extract or reverse-engineer any of the underlying code or software comprising or in any way making up a part of the Website;
- distribute any unauthorized materials or advertise or promote goods or services without our written consent (including, without limitation, by sending spam);
- submit content that infringes on the copyright, trademark, patent, or other intellectual property rights of any third party;
- submit content containing any data with special protections about other individuals in your written responses to the questions you are asked as part of the appeal;
- other than with respect to content that is subject to an appeal to the Board, submit content that is false, fraudulent, misleading, libelous, defamatory, obscene, abusive, hateful, discriminatory, sexually-explicit or unlawful, violates a third party’s right to privacy or publicity, or degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification;
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type; and
- attempt to do any of the foregoing.
If we determine that you have breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms in a way that breaches applicable law. We reserve the right to access, read, preserve, and disclose any information (including personal information, in accordance with our Data Policy for the Oversight Board’s Data Processing Activities and the Facebook Data Policy), as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to Website user support requests, or (v) protect the rights, property or safety of us, our Website users, and the public.
If we determine that you have breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms in a way that breaches applicable law. We reserve the right to access, read, preserve, and disclose any information (including personal information, in accordance with our Data Policy for the Oversight Board’s Data Processing Activities and the Facebook Data Policy), as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to Website user support requests, or (v) protect the rights, property or safety of us, our Website users, and the public.
Intellectual Property
The contents of the Website are protected under copyright, trademark, and other laws. All copyrights in, and trademarks and logos used on, the Website are owned by us, the Board or our respective licensors. Other than your access to the Website for non-commercial purposes in accordance with these Terms, you may not use the contents of the Website for any purpose without the written consent of the owner or licensor. Except for content that you have submitted via the Website, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Website without our written consent.
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
The contents of the Website are protected under copyright, trademark, and other laws. All copyrights in, and trademarks and logos used on, the Website are owned by us, the Board or our respective licensors. Other than your access to the Website for non-commercial purposes in accordance with these Terms, you may not use the contents of the Website for any purpose without the written consent of the owner or licensor. Except for content that you have submitted via the Website, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Website without our written consent.
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
- identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- your name, address and daytime telephone number, and an email address if available, so that we may contact you if necessary;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agent may be reached by contacting:
Facebook Designated Agent, Facebook, Inc.1601 Willow RoadMenlo Park, CA 94025(650) 543-4800ip@fb.com
Upon receipt of a valid notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We may also suspend or disable the privileges of users who repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Upon receipt of a valid notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We may also suspend or disable the privileges of users who repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Limitation of Liabilities
Your use of the Website is at your own risk. THE WEBSITE IS PROVIDED “AS IS,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Website or any third-party sites linked to or from the Website, or that the functions provided will be uninterrupted, safe, secure, or error-free, or that they will function without disruptions, delays or imperfections. We expressly disclaim any liability for any errors or omissions in the content included on the Website, any third-party sites linked to or from the Website and any actions or conduct (whether online or offline) of any third parties, including any content such parties share or provide with us (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you and the above exclusions shall apply only to the maximum extent permitted under applicable law.
To the maximum extent permitted under applicable law, in no event will we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, exemplary, consequential or punitive damages, lost profits or revenues, or other damages whatsoever arising out of or related to these Terms or the use of the Website, any interruption in availability of the Website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Website or the data collected through the Website, even if we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns have been advised of the possibility of such damages or loss. Our aggregate liability arising out of or relating to these Terms will not exceed $100. Notwithstanding the foregoing, applicable law may not allow the limitation or exclusion of liability set forth above. In such case, we shall bear liability to the extent required by such law.
Your use of the Website is at your own risk. THE WEBSITE IS PROVIDED “AS IS,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Website or any third-party sites linked to or from the Website, or that the functions provided will be uninterrupted, safe, secure, or error-free, or that they will function without disruptions, delays or imperfections. We expressly disclaim any liability for any errors or omissions in the content included on the Website, any third-party sites linked to or from the Website and any actions or conduct (whether online or offline) of any third parties, including any content such parties share or provide with us (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you and the above exclusions shall apply only to the maximum extent permitted under applicable law.
To the maximum extent permitted under applicable law, in no event will we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, exemplary, consequential or punitive damages, lost profits or revenues, or other damages whatsoever arising out of or related to these Terms or the use of the Website, any interruption in availability of the Website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Website or the data collected through the Website, even if we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns have been advised of the possibility of such damages or loss. Our aggregate liability arising out of or relating to these Terms will not exceed $100. Notwithstanding the foregoing, applicable law may not allow the limitation or exclusion of liability set forth above. In such case, we shall bear liability to the extent required by such law.
Indemnification
If you are a user of the Website in the United States of America, you agree to indemnify, defend (at our request), and hold us and our owner, subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities arising out of or related to your use of the Website and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
If you are a user of the Website in the United States of America, you agree to indemnify, defend (at our request), and hold us and our owner, subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities arising out of or related to your use of the Website and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
Choice of Law and Forum
If you are a consumer residing outside of the United States of America, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (a “Claim”), and you may resolve your Claim in any competent court in that country that has jurisdiction over the Claim. In all other cases, you agree that such Claim will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim, and that your access to and use of the Website and any Claim will be governed by and will be construed in accordance with the laws of the State of California without regard to principles of conflicts of laws.
If you are a consumer residing outside of the United States of America, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (a “Claim”), and you may resolve your Claim in any competent court in that country that has jurisdiction over the Claim. In all other cases, you agree that such Claim will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim, and that your access to and use of the Website and any Claim will be governed by and will be construed in accordance with the laws of the State of California without regard to principles of conflicts of laws.
Miscellaneous
These Terms, together with any other Product Terms, if applicable, applicable to your access and use of the Website, constitute the entire agreement between you and us concerning the Website. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Website. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us, including in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You agree not to transfer any of your rights or obligations under these Terms to anyone else without our written consent.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Any waiver of these Terms must be made in writing and signed by us. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
These Terms, together with any other Product Terms, if applicable, applicable to your access and use of the Website, constitute the entire agreement between you and us concerning the Website. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Website. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us, including in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You agree not to transfer any of your rights or obligations under these Terms to anyone else without our written consent.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Any waiver of these Terms must be made in writing and signed by us. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.