Supplemental Facebook View Terms of Service
Effective date: 19 August 2022
Meta Platforms Ireland, Ltd. ("Meta" or "we" or "us" or "our") allows you to interact with your environment in new and innovative ways through smart glasses (the "Glasses") and a companion mobile app (the "App") to provide an array of services and features. Your use of the software on the Glasses, the App and their related services and features (together, "Facebook View") is governed by both the Meta Terms of Service (available at facebook.com/terms/) and these Supplemental Facebook View Terms of Service (these "Facebook View Terms", and together with the Meta Terms of Service, the "Terms"), which together form an agreement between you and Meta. The term "Meta Products" as used in our terms and policies includes Facebook View. By using Facebook View, you agree to the Terms.
Our Supplemental Facebook View Privacy Policy (available at https://www.facebook.com/help/ray-ban-stories/data-policy) supplements the Meta Privacy Policy (located at facebook.com/policy/), which together explain how we collect, use and share information when you use Facebook View.
Facebook View is intended solely for users who are aged 13 or older. Any registration for, or use of, Facebook View by anyone under the age of 13 is unauthorised, unlicensed and in violation of these Facebook View Terms. You certify that you are of the legal age of majority in the jurisdiction in which you reside.
Your commitments to Meta and our community
Your responsibility for your use of Facebook View. You are responsible for complying with all applicable laws when using Facebook View, and for providing any notice or obtaining any consents as required under video recording, audio recording, biometric data, image rights or other privacy, data protection or other applicable laws, from other individuals who use your Facebook View or interact with you while you are using Facebook View. You are also responsible for using Facebook View in a safe, lawful and respectful manner. You may not tamper with the Glasses or otherwise obscure or modify any of the features on the Glasses that signal to others that the Glasses are recording (including the external-facing LED light). Facebook View is intended for purely personal or household use. You may only use Facebook View for personal non-commercial purposes subject to the Terms and any other terms made available by us relating to Facebook View. Except to the extent such restriction is prohibited under applicable law, you will not disassemble, decompile, reverse engineer, decrypt or attempt to derive any code or extract software from Facebook View. Except to the extent expressly permitted by us, you will not prepare derivative works based upon, distribute, licence, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Facebook View or any software, content or services made available on or through Facebook View.
Your responsibility for other users of your Facebook View. Each person, including you, who uses any portion of your Facebook View is referred to in these Facebook View Terms as a user of such Facebook View. You are responsible for the activities of all users of your Facebook View and for their compliance with the Terms.
The permissions that you give us
Permission to use content that you create and share. The licence granted in Section 3.C.1 of the Meta Terms of Service includes content that you share, post or upload on or in connection with Facebook View (consistent with applicable settings). This means, for example, that if you share, post or upload videos using Facebook View, you give us permission to store, copy and share them with other Meta Company Products or service providers that support those Meta Company Products and services. This licence is solely for the purposes of providing and improving Meta Company Products (including Facebook View), including as described in Section 1 of the Meta Terms of Service and in these Facebook View Terms and will end when your content is deleted from our systems (as described in more detail in Section 3.C.1 of the Meta Terms of Service)
Permission to update software that you use or download. As stated in Section 3.C.3 of the Meta Terms of Service, if you download or use our software, you give us permission to download and install updates to the software where available. For clarity, this right includes permission to download and install updates to software embedded on your Glasses, including during setup.
Additional provisions
Content and software licence. Except as otherwise agreed upon, if we enable the use of software, content or other materials owned or licensed by us in Facebook View or otherwise ("Software and Content"), we hereby grant you a limited, nonexclusive, non-sublicensable licence to use the Software and Content solely for personal and noncommercial purposes, solely on the hardware for which it was intended and conditioned on your compliance with the Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by us or as permitted under applicable law. Any unauthorised use of the Software and Content and Facebook View is strictly prohibited and will terminate the licence granted in the Terms. No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted to you.
Functionality may change or be limited. To access and use certain features of Facebook View, a Facebook account is required, eligibility for which is stated in Section 3.A of the Meta Terms of Service. We work constantly to improve our services and develop new features to make our Facebook View products and services better for you and our community. Where permitted by applicable law, we may introduce new features, impose limits on, suspend, eliminate, change or update certain existing features or any part of Facebook View, or restrict access to parts or all of any Facebook View products or services. Any obligation we have to make such features and functionality available to you is therefore subject to the ongoing availability of that particular feature and functionality on Facebook View. We may offer limited versions of Facebook View. These versions may have limited features, restrict the permitted time of use and contain other limitations. If a feature, service, software or content is no longer available, information, data or content created or provided by you in connection with such feature, service, software or content may be deleted or become inaccessible, and you should not exclusively rely on any feature, service, software or content to store or preserve such information, data or content.
Account suspension or termination. In addition to what is stated in Section 4.B of the Meta Terms of Service, your access to or use of Facebook View may be suspended, disabled or terminated, and you may lose access to, or use of part or all of, the services offered by Meta or third parties through Facebook View (including any of your information, data or content associated with such services), if: (1) we determine, at our discretion, that you have clearly, seriously or repeatedly breached the Terms, Community Standards, or other terms and policies that apply to your use of Facebook View; (2) we believe that your access to, or use of, Facebook View creates a health and safety risk; or (3) Meta disables or deletes your Facebook account. Furthermore, we may suspend, disable or terminate your access to or use of Facebook View if you repeatedly infringe other people's intellectual property rights (such as by infringing another's copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law, or if we are required to do so for legal reasons. If you terminate or we suspend, disable or terminate your access to or use of Facebook View, these Facebook View Terms shall terminate as an agreement between you and us, but certain sections will survive termination as provided in Section 3(10) below.
Updates to these Facebook View Terms.These Facebook View Terms may be updated from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Meta Products and services, and/or to comply with applicable law. We will only make changes to these Facebook View Terms 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 or if the changes are required for safety and security purposes or to comply with applicable law. We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Facebook View Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. We hope that you will continue using Facebook View, but if you do not agree to our updated Facebook View Terms, you must cease use of Facebook View. Your continued use of Facebook View after the effective date of the updated Facebook View Terms constitutes your acceptance of those terms.
Third-party fees and costs. You are responsible for the fees, costs and other charges, such as Internet usage or utilities fees, associated with the use of Facebook View.
DISCLAIMERS; Limitations of liability.
Facebook View may be subject to limitations, delays and/or other problems inherent to the use of the Internet and electronic communications and are not guaranteed to be available and error-free at all times.
There are important health and safety warnings and instructions that you must read before using Facebook View, which are available at https://www.facebook.com/help/ray-ban-stories/safety. To reduce the risk of personal injury, discomfort and property damage, please ensure that all users of your Glasses or Facebook View read the warnings and instructions provided at the link above carefully before using either.
Warning: Failure to follow this health and safety information may impair or break the Glasses and result in damage to Facebook View, your Glasses or the device you are using Facebook View with and may increase the risk of personal injury, property damage, discomfort or other potential hazards. By using Facebook View, you represent and warrant that you have reviewed these warnings and instructions (and will review any updates thereto), and will act in accordance with such warnings and instructions.
- DISPUTE RESOLUTION
These Facebook View Terms and any other non-contractual dispute or claim arising out of or in connection with them or your use of Facebook View shall be governed by and construed in accordance with the section of the Meta Terms of Service, which governs "Disputes". If you are not happy with how we resolve this dispute or you do not want to engage directly with us in relation to it, you are informed that an alternative dispute resolution procedure is offered by the European Commission through the platform for online dispute resolution available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
Severability. If any portion of these Facebook View Terms is found to be unenforceable (including, but not limited to, the terms of Section 3(7)), the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable and if it can't be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of the Facebook View Terms, it will not be considered a waiver. Any amendment to or waiver of these Facebook View Terms must be made in writing and signed by us.
Transfer and trade compliance. Facebook View is only intended for use in the Supported Countries (listed at http://www.facebook.com/help/ray-ban-stories/supported-countries). Certain functionality and services may not be accessible outside, and may vary amongst and within the Supported Countries. You will comply with all applicable US or EU export control and trade sanctions laws ("Export Laws"). You will not use or download Facebook View if you are located in a country or region subject to comprehensive US trade sanctions, if you are listed on any US or non-US restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods. You will not, directly or indirectly, export, re-export, provide, resell, transfer or otherwise dispose of Facebook View: (a) to any individual, entity or country or region prohibited by Export Laws; (b) to anyone on US or non-US government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology applications without the required government authorisations.
Termination. These Facebook View Terms are effective until terminated, and will terminate when the Meta Terms of Service between you and us is terminated. Upon termination, these Facebook View Terms shall terminate as an agreement between you and us, but the provisions in Sections 2(1) and 3(3)-(11) of these Facebook View Terms will survive and remain in place.
Other Terms
The Meta Terms of Service, these Facebook View Terms and all other applicable terms (including, if applicable, a Product Testing Agreement, as defined below) make up the entire agreement between you and Meta regarding your use of Facebook View (except to the extent that we expressly state that separate terms – and not these – apply) and supersede any prior agreements regarding your use of Facebook View.
If you use Facebook View pursuant to a product testing agreement, beta testing agreement or similar agreement (a "Product Testing Agreement"), in the event of a conflict between such Product Testing Agreement and the Terms, the Product Testing Agreement shall govern to the extent of the conflict.
The terms govern personal and non-commercial uses of Facebook View. We may permit certain limited commercial or business uses of Facebook View under the terms pursuant to and solely as stated in separate Facebook View Commercial Terms and any other applicable terms referenced therein. By using Facebook View for such commercial or business uses under the Terms, you agree to the Facebook View Commercial Terms.
For the avoidance of doubt, the provisions stated in Section 4.E of the Meta Terms of Service also apply to these Facebook View Terms. Meta may at any time assign, transfer or subcontract all or any of its rights or obligations under these Facebook View Terms. Nothing in these Facebook View Terms limits any of our rights under the Meta Terms of Service or any additional terms that they reference.