Oversight Board Website Terms of Use

The Oversight Board (the “Oversight Board”, “us,” “we” or “our”) was created to assist Meta Platforms, Inc. (“Meta”) to determine what content should be taken down from, and what content should be allowed on Facebook and Instagram based on Meta’s rules and policies, which supports Meta’s work in promoting safety, security and integrity of the Meta Products. The Oversight Board’s work also supports the Meta community by ensuring independent review and validation of the application of Meta’s community standards and other policies in cases of importance to Meta’s users and the wider community. This website (the “Website”) provides Meta users and the general public with an opportunity to learn more about the Board and to request an appeal of certain of Meta’s decisions regarding whether or not their piece of content violated Meta’s content policies, as well as a summary of those decisions and the policies and values used by Meta to make those decisions.

These Terms of Use (these “Terms”) govern the use of the Website and are a legal contract between you and the Oversight Board, so it is important that you review them carefully. Additionally, your use of certain functions of the Website (such as those that require an account in connection with Meta Products and related services, including Instagram) are governed by such other Meta Products’ respective terms (including, for example, Facebook Terms of Service and Instagram Terms of Use) (as applicable to you based on the Meta 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 Meta 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. 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. Where required by applicable laws, we will notify you by email of such amendments using any contact information you have previously provided to us. The Oversight Board Privacy Notices  and Cookie Policy for the Oversight Board Website available on the Website explain how we treat your personal data and protect your privacy when you access or use the Website. The Data Policy for the Oversight Board’s Data Processing Activities explains how Meta and the Oversight Board process personal data when receiving, reviewing and handling an appeal of a decision about Facebook or Instagram content. By submitting an appeal or accessing the Website, you understand that we will use your personal data in accordance with these privacy notices and the cookies policy.

Effective Date: January 2024

Using the Website

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). If you are not 18 years old, you must have the permission of an adult to access and/or use the Website and agree to these Terms, and that adult must be a parent or legal guardian who is willing to be responsible for your use of and/or access to the Website. 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 public comment submission or 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 these Terms, we may suspend or permanently disable your access to the Website. 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 the Data Policy for the Oversight Board’s Data Processing Activities and the Oversight Board Privacy Notices , 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.

Any Comments submitted will be governed by the Oversight Board Term for Public Comments Submissions. “Comments” will have the meaning set forth therein.

Intellectual Property

Limitation of Liability

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 and/or the use of the Website 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

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

These Terms, and any dispute or claim, arising out of or relating to these Terms will be governed by the laws of the State of Delaware, United States of America (without regard to principles of conflicts of laws) and will be resolved exclusively in courts of the State of Delaware, United States of America.

Miscellaneous

These Terms, together with any other applicable Product Terms, 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.

For all purposes, the English language version of the Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of the Terms and any subsequent translation into any other language, the English language version shall govern and control.