Terms of Use
Date of Last Revision: September 23, 2008
Welcome to Facebook, a social utility that connects you with the people around you. The Facebook service and network (collectively, "Facebook" or "the Service") are operated by Facebook, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.facebook.com or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Facebook. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Trademarks
FACEBOOK, THE FACEBOOK, FACEBOOKHIGH, FBOOK, POKE, THE WALL and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
User Conduct
You understand
that except for advertising programs offered
by us on the Site (e.g., Facebook Flyers,
Facebook Marketplace), the Service and the
Site are available for your personal,
non-commercial use only. You represent,
warrant and agree that no materials of any
kind submitted through your account or
otherwise posted, transmitted, or shared by
you on or through the Service will violate
or infringe upon the rights of any third
party, including copyright, trademark,
privacy, publicity or other personal or
proprietary rights; or contain libelous,
defamatory or otherwise unlawful material.
In addition, you agree not to use the
Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Facebook Code of Conduct that provides further information regarding the authorized conduct of users on Facebook.
User Content Posted on the Site
You are solely
responsible for the photos, profiles
(including your name, image, and likeness),
messages, notes, text, information, music,
video, advertisements, listings, and other
content that you upload, publish or display
(hereinafter, "post") on or through the
Service or the Site, or transmit to or share
with other users (collectively the "User
Content"). You may not post, transmit, or
share User Content on the Site or Service
that you did not create or that you do not
have permission to post. You understand and
agree that the Company may, but is not
obligated to, review the Site and may delete
or remove (without notice) any Site Content
or User Content in its sole discretion, for
any reason or no reason, including User
Content that in the sole judgment of the
Company violates this Agreement or the
Facebook Code of Conduct, or which might
be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of
users or others. You are solely responsible
at your sole cost and expense for creating
backup copies and replacing any User Content
you post or store on the Site or provide to
the Company.
When you post User Content to the Site, you
authorize and direct us to make such copies
thereof as we deem necessary in order to
facilitate the posting and storage of the
User Content on the Site. By posting User
Content to any part of the Site, you
automatically grant, and you represent and
warrant that you have the right to grant, to
the Company an irrevocable, perpetual,
non-exclusive, transferable, fully paid,
worldwide license (with the right to
sublicense) to use, copy, publicly perform,
publicly display, reformat, translate,
excerpt (in whole or in part) and distribute
such User Content for any purpose,
commercial, advertising, or otherwise, on or
in connection with the Site or the promotion
thereof, to prepare derivative works of, or
incorporate into other works, such User
Content, and to grant and authorize
sublicenses of the foregoing. You may remove
your User Content from the Site at any time.
If you choose to remove your User Content,
the license granted above will automatically
expire, however you acknowledge that the
Company may retain archived copies of your
User Content. Facebook does not assert any
ownership over your User Content; rather, as
between us and you, subject to the rights
granted to us in these Terms, you retain
full ownership of all of your User Content
and any intellectual property rights or
other proprietary rights associated with
your User Content.
Facebook Mobile Services
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to Facebook via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to Facebook messages, to poke and receive pokes and to write wall posts using text messaging (Mobile Texts), (iii) the ability to browse Facebook from your mobile phone (Mobile Web), and (iv) the ability to access certain Facebook features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Facebook and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Facebook account information to ensure that your messages are not sent to the person that acquires your old number.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Facebook website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Facebook Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Facebook Copyright Policy for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Share Service
Company offers a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.
Use of Share Links by Online Content Providers
Subject to the
terms and conditions of these Terms of Use,
Third Party Sites that meet the requirements
set forth below may place a Share Link (as
described below), in the form approved by
Company, on pages of their web sites to
facilitate use of the Share Service. A Third
Party Site that posts a Share Link on its
web site is referred to herein as an "Online
Content Provider" and shall abide and be
subject to the applicable sections of these
Terms of Use. A "Share Link" is a button
and/or a text link appearing on an Online
Content Provider's web page that, upon being
clicked by a user, enables us to launch a
sharing mechanism through which users can
share with others or post to their own
member profile, links and content from that
page.
In the event that the Share Link is a button
that contains any icons or other graphic
images, trademarks or other proprietary
materials of the Company, Online Content
Provider is granted permission to use such
images, trademarks or other materials solely
for the purpose of placing the Share Link on
Online Content Provider's site and solely in
the current form provided by the Company. In
the event that the Share Link is a text
link, it must include the word "Facebook" as
part of the link. The rights granted in this
paragraph may be revoked by Company at any
time with or without cause in its sole
discretion, and upon such termination,
Online Content Provider agrees to
immediately remove all Share Links from its
site.
In order for an Online Content Provider to
include a Share Link on its pages, the Third
Party Site must not contain any web content
that if shared or posted by a user would be
a violation of the user conduct rules set
forth above. Without limiting the forgoing,
Online Content Provider agrees not to post a
Share Link on any web site that contains,
and represents and warrants that such web
site does not and will not contain, any
content that is infringing, harmful,
threatening, unlawful, defamatory, abusive,
inflammatory, harassing, vulgar, obscene,
lewd, fraudulent, or invasive of privacy or
publicity rights or that may expose Company
or its users to any harm or liability of any
type. Upon including of a Share Link, Online
Content Provider agrees to defend, indemnify
and hold the Company, its subsidiaries and
affiliates, and each of their directors,
officers, agents, contractors, partners and
employees, harmless from and against any
loss, liability, claim, demand, damages,
costs and expenses, including reasonable
attorney's fees, arising out of or in
connection with such Share Link, any links,
content or other items or materials which
may be shared or posted through such Share
Link, or any breach or alleged breach of the
foregoing representations and warranties.
By including a Share Link, Online Content
Provider automatically grants, and
represents and warrants that it has the
right to grant, to the Company an
irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license
(with the right to sublicense) to use the
Share Service in order to link to, use,
copy, publish, stream, publicly perform,
publicly display, reformat, translate,
excerpt (in whole or in part), summarize,
and distribute the content, links and other
materials of any kind residing on any web
pages on which Online Content Provider
places the Share Link.
Facebook Marketplace
All listings posted on or through the Facebook Marketplace service and all transactions conducted in connection therewith are subject to and governed by the Facebook Marketplace Guidelines (the "Guidelines") as well as these Terms of Use. When you use Facebook Marketplace in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are subject to change without prior notice at any time, in the Company's sole discretion, so you should review the Guidelines each time you use Facebook Marketplace. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through Facebook Marketplace. You acknowledge that Facebook is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by Facebook applicable to Facebook Marketplace are set forth on the Site, and all terms and conditions applicable to such fees are set forth in the Facebook Terms of Sale However, please note that the Terms of Sale do not apply to your purchases of products or services from third parties through Facebook Marketplace, as those transactions are strictly between you and the other party to the transaction. ALL USE OF FACEBOOK MARKETPLACE IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Facebook Platform Applications
The Facebook
Platform is a set of APIs and services
provided by Facebook that enable third-party
developers ("Platform Developers") to create
websites and applications that retrieve data
made available by Facebook and its users
and/or that retrieve authorized data from
third-party sites for use on the Facebook
Site ("Platform Applications")
Platform Developers may use the Facebook
Platform and create Platform Applications
only in accordance with the terms and
conditions set forth in an agreement entered
into between Facebook and the Platform
Developer ("Developer Terms"). Our standard
Developer Terms consist of the
Facebook Developer Terms of Service and
the related
Facebook Platform Application Guidelines.
We may from time to time enter into separate
agreements with certain third party Platform
Developers that contain different or
additional terms, provided however, that
each such separate agreement will require
the third party Platform Developer to only
display your information in accordance with
your
Facebook privacy settings. The standard
Developer Terms are subject to change
without prior notice at any time, in the
Company's sole discretion, so you should
review these documents from time to time.
ALL USE OF THE FACEBOOK PLATFORM IS PROVIDED
"AS IS" AND AT YOUR OWN RISK.
Users who install Platform Applications must
agree to the terms and conditions set forth
in the
Platform Application Terms of Use
("Application User Terms") and in these
Terms of Use. The Application User Terms are
subject to change without prior notice at
any time, in the Company's sole discretion,
so you should review these terms each time
you install an application and from time to
time. Platform Developers may require you to
agree to their own terms of service, privacy
policies and/or other policies as a
condition of using Platform Applications.
Platform Applications have not been
approved, endorsed, or reviewed in any
manner by Facebook, and we are not
responsible for your use of or inability to
use any Platform Applications, including the
content, accuracy, or reliability of such
Application and the privacy practices or
other policies of Developers. YOU USE SUCH
PLATFORM APPLICATIONS AT YOUR OWN RISK.
If you, your friends or members of your
network use any Platform Applications, such
Platform Applications may access and share
certain information about you with others in
accordance with your privacy settings as
further described in our
Privacy Policy. Platform Developers are
required to agree to restrictions on access,
storage and use of such information.
However, while we have undertaken
contractual and technical steps to restrict
possible misuse of such information by such
Platform Developers, we do not screen or
approve Developers, and we cannot and do not
guarantee that all Platform Developers will
abide by such restrictions and agreements.
Certain actions you take through the
Platform Applications may be displayed to
your friends in your profile, mini-feed and
news feed, and you may opt-out of displaying
your Platform Application actions on the
Privacy Settings page. Please report any
suspected misuse of information through the
Facebook Platform as described in our
Privacy Policy.
You may set your preferences for your news
feed and mini-feed
here.
Facebook Connect
Facebook
Connect ("Connect") enables participating
third party websites to work just like
Facebook Platform applications. Once you
allow a third party website to connect with
Facebook, you will be able to use your
Facebook login information to log into that
website. The third party website will be
able to: generate and publish news feed and
other stories about actions you take on
their website; access Facebook information
related to you (including your profile
information, friends, and privacy settings)
so you can use your Facebook information on
the third party site; and allow you to
interact with your friends on the website.
In order to make Connect possible, you agree
to allow Facebook to check your Facebook
cookies when you are visiting participating
third party websites, and allow Facebook to
receive information concerning the actions
you take on those third party websites. In
addition, once you allow a participating
third party website to connect with Facebook,
you agree to allow Facebook and such third
party website to generate and publish news
feed and other stories about actions you
take on the website without any additional
permission. In the event you no longer want
the third party website to publish stories
about you, you can always disable this
feature by changing your
application settings.
When your friends connect their Facebook
account with a participating third party
website, Facebook Connect will enable them
to find Facebook friends that may also be
users of that third party website, and
invite them to use Connect as well. If you
do not want your friends to be able to
invite you, you may change your
privacy settings to disable this
feature.
Connect also gives you the ability to permit
Facebook and participating third party
websites to generate and publish news feed
and other stories about actions you have
taken on such websites, even if you have not
gone through the Connect process. In such
cases, you will be asked whether you want to
publish the story on Facebook, and will be
given the opportunity to save your answer
for future stories. In the event you want to
change your settings for that website, visit
your
application settings.
Like Platform Applications, third party
websites that participate in Connect are
required, among other things, to protect
your privacy consistent with your Facebook
privacy settings and Facebook's
privacy policy.
Facebook Pages
Facebook Pages
are special profiles used solely for
commercial, political, or charitable
purposes. You may not set up a Facebook Page
on behalf of another individual or entity
unless you are authorized to do so. This
includes fan Facebook Pages, as well as
Facebook Pages to support or criticize
another individual or entity.
FACEBOOK DOES NOT PRE-SCREEN OR APPROVE
FACEBOOK PAGES, AND CANNOT GUARANTEE THAT A
FACEBOOK PAGE WAS ACTUALLY CREATED AND IS
BEING OPERATED BY THE INDIVIDUAL OR ENTITY
THAT IS THE SUBJECT OF A FACEBOOK PAGE. NOR
IS FACEBOOK RESPONSIBLE FOR THE CONTENT OF
ANY FACEBOOK PAGE, OR ANY TRANSACTIONS
ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN
CONNECTION WITH ANY FACEBOOK PAGE, INCLUDING
HOW THE OWNER OF THE FACEBOOK PAGE COLLECTS,
HANDLES, USES AND / OR SHARES ANY PERSONAL
INFORMATION IT MAY COLLECT FROM USERS
(PLEASE REVIEW THE
FACEBOOK PRIVACY POLICY IF YOU HAVE ANY
QUESTIONS OR CONCERNS REGARDING THE USE OR
SHARING OF YOUR PERSONAL INFORMATION). YOU
SHOULD BE CAREFUL BEFORE PROVIDING ANY
PERSONAL INFORMATION TO OR ENTERING INTO ANY
TRANSACTION IN CONNECTION WITH A FACEBOOK
PAGE.
In addition to these Terms of Use, Facebook
Pages are subject to and governed by certain
Additional Terms Applicable to Facebook
Pages. The Additional Terms Applicable
to Facebook Pages control in the event of
any conflict between them and the Terms of
Use.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
User Disputes:
You are solely
responsible for your interactions with other
users. We reserve the right, but
have no obligation under any circumstances, to monitor
or resolve disputes
between you and other users.
Privacy:
We care about
the privacy of all our registered as well as
guest users. By using the Site or the Service,
you are consenting to have your personal
data transferred to and processed in our
data centers in the
United States as well other countries.
Disclaimers
The Company is
not responsible or liable in any manner for
any User Content or Third Party
Applications, Software or Content posted on
the Site or in connection with the Service,
whether posted or caused by users of the
Site, by Facebook, by third parties or by
any of the equipment or programming
associated with or utilized in the Site or
the Service. Although we provide rules for
user conduct and postings, we do not control
and are not responsible for what users post,
transmit or share on the Site and are not
responsible for any offensive,
inappropriate, obscene, unlawful or
otherwise objectionable content you may
encounter on the Site or in connection with
any User Content or Third Party
Applications, Software or Content. The
Company is not responsible for the conduct,
whether online or offline, of any user of
the Site or Service.
The Site and the Service may be temporarily
unavailable from time to time for
maintenance or other reasons. Company
assumes no responsibility for any error,
omission, interruption, deletion, defect,
delay in operation or transmission,
communications line failure, theft or
destruction or unauthorized access to, or
alteration of, User communications. The
Company is not responsible for any technical
malfunction or other problems of any
telephone network or service, computer
systems, servers or providers, computer or
mobile phone equipment, software, failure of
email or players on account of technical
problems or traffic congestion on the
Internet or at any Site or combination
thereof, including injury or damage to
User's or to any other person's computer,
mobile phone, or other hardware or software,
related to or resulting from using or
downloading materials in connection with the
Web and/or in connection with the Service,
including any Mobile Client software. Under
no circumstances will the Company be
responsible for any loss or damage,
including any loss or damage to any User
Content or personal injury or death,
resulting from anyone's use of the Site or
the Service, any User Content or Third Party
Applications, Software or Content posted on
or through the Site or the Service or
transmitted to Users, or any interactions
between users of the Site, whether online or
offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE
SERVICES, THE SHARE SERVICE AND THE
MARKETPLACE SERVICE), ANY PLATFORM
APPLICATIONS AND THE SITE CONTENT ARE
PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE COMPANY
CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE SITE AND/OR
THE SERVICE AND/OR ANY PLATFORM
APPLICATIONS. COMPANY DOES NOT REPRESENT OR
WARRANT THAT SOFTWARE, CONTENT OR MATERIALS
ON THE SITE, THE SERVICE OR ANY PLATFORM
APPLICATIONS ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT OR ERROR-FREE OR THAT THE
SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM
APPLICATIONS ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THEREFORE, YOU SHOULD
EXERCISE CAUTION IN THE USE AND DOWNLOADING
OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS
AND USE INDUSTRY-RECOGNIZED SOFTWARE TO
DETECT AND DISINFECT VIRUSES. WITHOUT
LIMITING THE FOREGOING, YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
CONTENT, MATERIAL, DATA OR SOFTWARE
(INCLUDING ANY MOBILE CLIENT) FROM OR
THROUGH THE SERVICE AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
YOUR USE THEREOF AND ANY DAMAGES TO YOUR
MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF
DATA OR OTHER HARM OF ANY KIND THAT MAY
RESULT.
The Company reserves the right to change any
and all content, software and other items
used or contained in the Site and any
Services and Platform Applications offered
through the Site at any time without notice.
Reference to any products, services,
processes or other information, by trade
name, trademark, manufacturer, supplier or
otherwise does not constitute or imply
endorsement, sponsorship or recommendation
thereof, or any affiliation therewith, by
Company.
Limitation on Liability
IN NO EVENT
WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING FOR ANY LOST PROFITS OR LOST DATA
ARISING FROM YOUR USE OF THE SITE OR THE
SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF
THE SITE CONTENT OR OTHER MATERIALS ON,
ACCESSED THROUGH OR DOWNLOADED FROM THE
SITE, EVEN IF THE COMPANY IS AWARE OR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, THE COMPANY'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO COMPANY FOR THE
SERVICE DURING THE TERM OF MEMBERSHIP, BUT
IN NO CASE WILL THE COMPANY'S LIABILITY TO
YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO
FEES ARE PAID TO COMPANY FOR THE SERVICE,
YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF
ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND
SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND
FROM COMPANY, REGARDLESS OF THE CAUSE OF
ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
Arbitration
YOU AND COMPANY
AGREE THAT, EXCEPT AS MAY OTHERWISE BE
PROVIDED IN REGARD TO SPECIFIC SERVICES ON
THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO
THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM
AND REMEDY FOR ANY AND ALL DISPUTES AND
CLAIMS RELATING IN ANY WAY TO OR ARISING OUT
OF THESE TERMS OF USE, THE SITE AND/OR THE
SERVICE (INCLUDING YOUR VISIT TO OR USE OF
THE SITE AND/OR THE SERVICE) SHALL BE FINAL
AND BINDING ARBITRATION, except that: (a) to
the extent that either of us has in any
manner infringed upon or violated or
threatened to infringe upon or violate the
other party's patent, copyright, trademark
or trade secret rights, or you have
otherwise violated any of the user conduct
rules set forth above or in the Code of
Conduct then the parties acknowledge that
arbitration is not an adequate remedy at law
and that injunctive or other appropriate
relief may be sought; and (b) no disputes or
claims relating to any transactions you
enter into with a third party through the
Facebook Marketplace may be arbitrated.
Arbitration under this Agreement shall be
conducted by the American Arbitration
Association (the "AAA") under its Commercial
Arbitration Rules and, in the case of
consumer disputes, the AAA's Supplementary
Procedures for Consumer Related Disputes (
the "AAA Consumer Rules") (collectively the
"AAA Rules"). The location of the
arbitration and the allocation of costs and
fees for such arbitration shall be
determined in accordance with such AAA Rules
and shall be subject to the limitations
provided for in the AAA Consumer Rules (for
consumer disputes). If such costs are
determined to be excessive in a consumer
dispute, the Company will be responsible for
paying all arbitration fees and arbitrator
compensation in excess of what is deemed
reasonable. The arbitrator's award shall be
binding and may be entered as a judgment in
any court of competent jurisdiction.
To the fullest extent permitted by
applicable law, NO ARBITRATION OR CLAIM
UNDER THESE TERMS OF USE SHALL BE JOINED TO
ANY OTHER ARBITRATION OR CLAIM, INCLUDING
ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER
CURRENT OR FORMER USER OF THE SERVICE, AND
NO CLASS ARBITRATION PROCEEDINGS SHALL BE
PERMITTED. In no event shall any claim,
action or proceeding by you related in any
way to the Site and/or the Service
(including your visit to or use of the Site
and/or the Service) be instituted more than
three (3) years after the cause of action
arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Questions
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