META QUEST
Meta Quest: *Parents:* Important guidance & safety warnings for children’s use here. Using Meta Quest requires an account and is subject to requirements that include a minimum age of 10 (requirements may vary by country). See meta.com/quest/terms and the parent’s info page at meta.com/quest/parent-info. Certain apps, games and experiences may be suitable for a more mature audience. META QUEST FEATURES, FUNCTIONALITY, AND CONTENT NOTICE: Features, functionality and content are subject to change or withdrawal at any time, may not be available in all areas or languages or may be restricted; may require enabled software or service activation, and additional terms, conditions and/or charges may apply.
META QUEST IMPORTANT SAFETY NOTICE https://www.meta.com/quest/quest-2-facial-interface-recall/.
Financing Options. You may be offered financing options for your Meta purchases. Learn more here.
*Based on the graphic performance of the Qualcomm Snapdragon XR2 Gen 2 vs XR2 Gen 1 on Meta Quest 2
RAY-BAN | META SMART GLASSES
Ray-Ban Meta smart glasses require a mobile phone with Android (location services enabled) or iOS operating system, wireless internet access, and account registration. Not compatible with all smartphones. Ray-Ban Meta smart glasses only available in select countries. Features, functionality and content are subject to change or withdrawal at any time. Please visit https://www.meta.com/smart-glasses/#faq for the most up-to-date information. For ages 13 and up only. This product may interfere with personal medical devices. Requires updates to be installed from time to time, including prior to first use. While using Ray-Ban Meta smart glasses, it is always the user’s responsibility to comply with any local laws and regulations, especially those relating to privacy and the use of recording devices. Additional account registration, terms and fees may apply.
©2024 Meta.
Date of Last Revision: October 10, 2022
Subject to these Avatars Store Terms of Service (“Terms”), Meta (“Meta”, “we”, “us”, or “our”) offers users (“users” or “you”) access to and use of the Avatars Store (as defined below), including the ability to purchase and/or acquire Avatar Items (as defined below) through the Avatars Store. Any transaction whereby you purchase a right to access and use any Avatar Items is referred to as an “Avatar Item Purchase,” and our provision of services related to the Avatars Store, Avatar Items, Personal Avatars, Virtual Items, and Avatar Item Purchases are collectively referred to herein as the “Services.” By tapping “Buy Now,” “Add,” or a similar button in the Avatars Store, or by otherwise accessing or using the Services, you agree to be bound by these Terms.
Your use of (including any access to) the Services is also governed by: (1) the Meta Terms of Service, (2) the Supplemental Meta Platforms Technologies Terms, (3) the Instagram Terms of Use, (4) the Community Payment Terms, (5) the Facebook Community Standards, and (6) the Instagram Community Guidelines (collectively, and each as may be updated from time to time, “Additional Terms”), which are hereby incorporated by reference into these Terms. These Terms are between you and the Meta entity identified in the Meta Terms of Service and/or Instagram Terms of Service, whichever is applicable to your use and access of the Services. To the extent these Terms conflict or are inconsistent with the Additional Terms, these Terms will apply to the extent of such conflict or inconsistency. The Meta Data Policy and the Instagram Data Policy explain how we collect, use, and share information when you use the Avatars Store.
BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS. IF YOU ARE NOT OF LEGAL AGE TO ENTER INTO THESE TERMS, YOU MAY ONLY USE THE SERVICES WITH THE PERMISSION AND UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS AND TO BIND YOU TO THESE TERMS. MAKE SURE YOU HAVE REVIEWED THESE TERMS WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS. NOTWITHSTANDING THE FOREGOING, THE SERVICES ARE NOT AVAILABLE TO CHILDREN UNDER 13 YEARS OF AGE.
1. SERVICES
1.1. The Services. As part of the Services, and subject to compliance with these Terms, Meta makes available a digital store where users can access, view, interact with, and purchase or otherwise acquire a license to use Avatar Items (“Avatars Store”) for their virtual avatars (each, a “Personal Avatar”). “Avatar Items” are digital items, including clothing, outfits, accessories, styles, cosmetics, wearables, devices, and other items which may be purchased or otherwise acquired through the Services for use in connection with your Personal Avatar. The term “Virtual Items” refers to Avatar Items, Personal Avatars, or the combination of Personal Avatars with Avatar Items. The Avatars Store is accessible through certain supported Meta Products, including Facebook, Messenger, and Instagram.
1.2. Virtual Items. We may, in accordance with applicable law, at any time, modify Virtual Items, or discontinue the sale of such items. We work constantly to improve our Services and develop new features to make our Avatars products better for you and our community. In respect of any Virtual Items you may have already purchased or otherwise acquired from us, we may modify the Virtual Items for the following reasons:
to account for new or updated Services or functionality;
to reflect changes in our Services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones);
to reflect changes we make to the platform in the usual course of developing our product;
to adapt to new technologies;
to reflect changes in the number of people who use the platform or any relevant feature or functionality of the platform;
to address a security, technical, or performance issue;
for legal, regulatory, or security reasons;
to prevent abuse or harm; and/or
to reflect changes in circumstances beyond our reasonable control.
Any such modification shall be without additional cost to you and we will notify you reasonably in advance if any such modifications are likely to be considered significant and/or be detrimental to you. In these circumstances, if you do not agree to the modifications, we may (at the time) provide you with a right to terminate the contract relating to the supply of the Virtual Item, but this will depend on the relevant circumstances. We can also remove or restrict access to content if we determine that it violates these Terms, our policies, or we are required to do so by law.
You acknowledge and agree that Virtual Items consist of your Personal Avatar’s individual features, content, underlying assets, and other components (including Avatar Items) that are owned, both separately and as combined with one another, by us and/or our licensors and that we have made available to you for the purpose of building, customizing,and accessorizing your Personal Avatar, and that you neither own nor have any exclusive rights in your Personal Avatar and/or Avatar Items, nor in any components (regardless of how combined). You further acknowledge that your Virtual Items may not be unique, and that we may make available identical or similar Virtual Items to other users of the Services. Moreover, you acknowledge that other users may build, customize, or accessorize a Personal Avatar with the same combination of components (including Avatar Items) as associated with your Personal Avatar, and that you have no right to prevent such users from having Personal Avatars similar or identical to your Personal Avatar.
1.3. Third-Party Services. You may be able to use software and services provided by third parties (collectively, “Third-Party Services”) in connection with your use of the Services. For example, you may be able to use and display certain of your Virtual Items within certain Third-Party Services. Your use of any Third-Party Service is at your own risk, and you acknowledge that such use may be subject to additional terms, conditions, fees, and policies imposed by the applicable third party (collectively, “Third-Party Terms”). You are responsible for complying with any applicable Third-Party Terms, and you should review any applicable Third-Party Terms before using any Third-Party Services. You represent and warrant that your use of any Third-Party Services is in compliance with any applicable Third-Party Terms. We assume no liability with respect to any Third-Party Services, and we make no representations or warranties with respect to such Third-Party Services.
2. INTELLECTUAL PROPERTY
2.1. License. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to use the Services, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Services including any Virtual Items that you have purchased or otherwise acquired to use, or for which you are authorized to use solely for your personal, non-commercial use (except as expressly permitted under Section 8.2 below). Certain Virtual Items may be subject to additional terms and conditions governing their use, in which case you agree to comply with such additional terms and conditions. If you materially fail to comply with these Terms, or with any additional terms and conditions, any license to any Virtual Items granted to you will terminate automatically, and you must immediately cease using the Services, including any Virtual Items. Regardless of any references we may make herein or in connection with the Services to purchasing, acquiring, or otherwise obtaining access to Virtual Items, all Virtual Items are licensed, not sold, to you under these Terms, and any references herein to “buy,” “sale” or “purchase” in these Terms or in connection with the Services refer solely to you buying, purchasing or otherwise obtaining a license to use a Virtual Item as set forth in this Section 2.1. Note that in theEuropean Union (“EU”), the European Economic Area (“EEA”) and the United Kingdom (“UK”), the acquisition of digital content such as Virtual Items may be subject to specific warranty rights, which shall remain completely unaffected by these conditions and/or any limitations of the acquired license or restrictions of use.
2.2. Restrictions. You will not disassemble, decompile, reverse engineer, decrypt, or attempt to derive any code or extract software from, prepare derivative works based upon, distribute, license, sell, rent, transfer, or otherwise exploit the Services (including any Virtual Items) or any Third-Party Services, except to the extent: (i) such restriction is prohibited under applicable law; or (ii) as expressly permitted herein. You are responsible for complying with all applicable laws when using the Services and any Third-Party Services, including to the extent required under privacy or data protection laws.
2.3. Third-Party Content. Virtual Items may incorporate content owned by a third party, including third-party logos, brands, or designs (collectively, “Third-Party Content”). You acknowledge and agree that you have no right to use such Third-Party Content in any way except as incorporated into a Virtual Item for which you have purchased or otherwise obtained a license hereunder, and subject to these Terms and any other terms applicable to such Virtual Item (which may include additional restrictions imposed by the owner of Third-Party Content).
2.4. Our Proprietary Rights. We and our licensors own the Services, including the Virtual Items, which are protected by proprietary rights and laws. You agree that, except as expressly granted herein, we and/or our licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content and no licenses are granted to you by implication hereunder. All trade names, trademarks, service marks, and logos on or accessible through the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in or as part of the Services should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
3. AVATAR ITEM LISTINGS
The Avatars Store may make available listings, descriptions, and images of Avatar Items, or related discounts. The availability through the Avatars Store of any listing, description, or image of an Avatar Item does not imply our endorsement of or affiliation with the licensor(s) associated with such Avatar Item. Consumers who have permanent or habitual residence in the EU/EEA/UK will very often have mandatory warranty rights applying to their Purchase of an Avatar Item, and nothing in these Terms shall limit or exclude these rights. Subject to the foregoing, we make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained therein). Such information and the availability of any Avatar Item (including the validity of any discount) are subject to change at any time without notice. The colors of Avatar Items may vary depending on the device on which you are viewing such items, and we cannot guarantee that a device will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Virtual Item. Certain Avatar Items are capable of being accessed and used only for a limited period of time or a limited number of times; if you purchase or otherwise obtain a license to use such an item, it will be removed from your inventory or otherwise become unavailable to you after such period has elapsed or the total number of uses has been reached, as applicable.
4. PURCHASES
We may make available Avatar Item Purchases or the ability to otherwise acquire certain Avatar Items through the Avatars Store (each such purchase or acquisition, a “Purchase”). Your use of payment features in connection with a Purchase is subject to the Community Payments Terms and, depending on how you access the Avatars Store, your Purchase(s) may also be subject to Third-Party Terms (for example, certain Third-Party Terms of Apple or Google may apply to Purchases conducted, respectively, via the iOS platform or the Android platform). By tapping the “Buy Now”, “Add”, or a similar button located in various sections of the Avatars Store with respect to the Avatar Items of your choice, you agree to the Purchase of such Avatar Item. When making a Purchase, you may be required to provide some or all of the following information: your name, mailing address, billing information, and other information as required by law. You represent and warrant that all such information is accurate and complete. You are responsible for ensuring that your account information (including your contact information) is kept current on the Services. We will have no responsibility or liability for inaccurate or incomplete information, or for information that later becomes outdated. Additionally, we have no obligation to make efforts to determine your correct contact information. By making a Purchase, you represent that the applicable Avatar Items will be used only in a lawful manner.
We reserve the right, including without prior notice, to: (a) limit the available quantity of or discontinue making available any Avatar Item; (b) impose conditions on the honoring of any discount or similar promotion; (c) bar, with justified cause, any user from making any Purchase; and/or (d) refuse to provide, or continue to provide, any user with any Avatar Item. None of these actions will affect your rights under a Purchase you have already made. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred. If your purchase is subject to any type of use or sales tax, duty, or other governmental tax or fee (“Taxes”), then you may be charged for those Taxes. You are responsible for any Taxes due with respect to your purchase of Avatar Items.
We will endeavor to supply you with the Avatar Item(s) without undue delay and in any case within 30 days from the date of Purchase; however, you acknowledge that there may be a period of time between completion of a Purchase and the availability of the Avatar Item(s) that is the subject of the Purchase as may be notified to you at the time of your Purchase.
5. REFUNDS & WITHDRAWAL RIGHTS
Your statutory right to withdraw
Under applicable law, consumers in the EU/EEA/UK have a right to withdraw from certain contracts, but this right is subject to exceptions. If you have your habitual residence within a Member State of the EU, within a Member State or Country of the EEA or in the UK and are entering into a contract for the supply of digital content with us under these Terms as a EU/EEA/UK consumer (i.e., for purposes which are outside your trade, business, craft or profession), you have the right to withdraw from the contract with us as described in the “Right of withdrawal” section below. For the purposes of these Terms, all Virtual Items will be deemed digital content, and the provisions set out below in relation to your statutory right to withdraw shall apply to each separate contract you enter into with us in relation to the supply of digital content.
Early expiry of the right of withdrawal
For contracts regarding the supply of digital content that is not supplied on a tangible medium (for example, Avatar Items), you will lose your right of withdrawal if the supply of the content has begun where (i) you gave your prior express consent to begin supplying the content, (ii) you acknowledged that you thereby lose your right of withdrawal and (iii) we provided you with the confirmation of the contract that was concluded, on a durable medium (e.g. by email), including a confirmation of your prior express consent and acknowledgement to begin the performance.
NOTE: Once you have entered into a contract to receive any digital content from us, we encourage you to download, install and/or access it promptly. By accepting these Terms, you consent that the supply of digital content may begin immediately following the contract being entered into, and in these circumstances, you acknowledge you will lose any statutory rights you may otherwise have had to withdraw and receive a refund.
Right of withdrawal
Where the circumstances described above under the heading “Early expiry of the right of withdrawal” do not apply, you have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal will expire after 14 days from the date of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post, fax or email). Our contact details are Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. You may use the model withdrawal form set out at annex 1 below, but this is not obligatory. You can also complete the below model withdrawal form and submit it or any other unequivocal statement on our website by following the instructions for submitting a request at: https://store.facebook.com/help/support/. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g., by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
In circumstances where you have a right to withdraw (where the circumstances described above under the heading “Early expiry of the right of withdrawal” do not apply), we shall reimburse to you all payments received from you, including any applicable delivery charges (with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Refunds in all other circumstances
In all other circumstances, Purchases on the Avatars Store are final except as required by law. Avatar Item Purchases or Avatar Items otherwise acquired, or which are made available to you, are not redeemable or subject to refund by Meta and cannot be traded for money or other items of value. To the extent that you engage in a Purchase via a Third-Party Service, the provider of such Third-Party Service may allow for refunds under certain circumstances pursuant to its applicable Third-Party Terms; if so, you will need to deal directly with such provider in the event that you seek a refund in connection with such Purchase. Nothing in this section shall limit your legal right to terminate and/or receive compensation from Meta in relation to any Purchase where this is permitted or required under the laws of your country of residence.
6. DATA PROTECTION
To the extent that Meta or its affiliates process any of your personal data (including your payment and related information) for the purpose of any access, use, purchase, or other acquisition of Avatar Items described in these Terms, Meta (or a third-party payment processor) will collect and store your payment and related information. For example, in accordance with the Community Payment Terms (as applicable), Meta may share your personal data with a third-party payment processor or, in the event you submit information or make a purchase in the Avatars Store, Meta may store this information for use in connection with processing your order, providing support, and any marketing communications you elect to receive from Meta or its affiliates. The Meta Privacy Policy explains how we collect, use, and share your personal data.
7. ADDITIONAL TERMS AND POLICIES
Use of any Virtual Items for which a license has been purchased or otherwise obtained through the Services may be subject to additional terms and policies (some of which may be between you and Meta or its affiliates), including, as applicable, the Additional Terms, Third-Party Terms, and any other terms that may be made available prior to using, or in connection with the use of, the Services.
8. LIMITED COMMERCIAL USE
8.1. Except as expressly permitted under Section 8.2 below or as otherwise authorized by us in writing: (a) you may only use the Services for personal, non-commercial use; and (b) you are prohibited from (i) purchasing, obtaining a license to, accessing, or using Virtual Items for commercial use or resale, and (ii) receiving any income or other consideration from any use of Virtual Items, including any use in connection with any Third-Party Services. If we determine or suspect that you have violated any of the limitations or prohibitions provided herein regarding any Virtual Item, we have the right to refuse to grant or terminate your license or purchase of a license to, or to terminate your access to and use of, such Virtual Item or any other Virtual Items.
8.2. As a limited exception to Section 8.1, you may use the Services for certain commercial, business, and other non-personal purposes (“commercial use”) as expressly set forth in this Section 8.2 and subject to our right to revoke such permission at any time in our sole discretion. Specifically, if you have incorporated your Personal Avatar in combination with your Avatar Items into content such as web videos and streaming, you may make commercial use of such content incorporating your Personal Avatar in combination with your Avatar Items (“Commercial Content”), subject to each of the following requirements:
8.2.1. The Commercial Content, and any commercial use thereof, must comply with these Terms (including the license grant set forth in Section 2.1), the Additional Terms, and any applicable Third-Party Terms.
8.2.2. The Commercial Content, and any commercial use thereof, must comply with all applicable laws, including applicable government regulations or guidelines concerning endorsements, advertising, and promotions.
8.2.2.1. Without limiting the generality of the foregoing, you represent and warrant that, in connection with any commercial use of any Commercial Content: (a) you have reviewed and will comply with the US Federal Trade Commission Endorsement Guides, including any disclosure obligations; and (b) any endorsement, advertising, or promotion in connection with the Commercial Content will reflect your honest opinions, beliefs, and/or experiences, and will not be false, deceptive, or misleading.
8.2.3. To the extent the Commercial Content includes branded content (as defined in the Branded Content Policies), such Commercial Content is governed by the Branded Content Policies as if it were posted using the branded content tool.
8.2.4. The Commercial Content must not: (a) be derogatory to Meta or damage the value, reputation, or goodwill of Meta or any of its products or brands (as determined by Meta); (b) suggest or imply any form of association, approval, or endorsement by Meta or any third party where none exists; or (c) include any falsehoods or misrepresentations about Meta or any third parties.
8.2.5. In addition to our right to revoke permission for you to make commercial use of Virtual Items pursuant to this Section 8.2, we have the right at any time in our sole discretion to take down, remove, or delete, or to require that you take down, remove, or delete, some or all of your Commercial Content.
9. ACCOUNT
Avatar Items accessed, purchased, or otherwise acquired through the Services require the use of an active Facebook, Instagram, or other supported account. The account that is first used to purchase or otherwise obtain any Avatar Items is deemed the “Controlling Account” for such Avatar Items. In order to use the purchased or otherwise obtained Avatar Items on any additional account(s) (i.e., a Facebook, Instagram, or other supported account), a user must connect each additional account via the Account Center (each additional account once so connected, a “Connected Account”). Each Avatar Item purchased or otherwise obtained by a user will be associated with a specific Controlling Account. If such Controlling Account is subsequently suspended, disabled, or deleted, the Avatar Items associated with such Controlling Account may no longer be accessible or usable by such user on such Controlling Account or any Connected Accounts synced with such Controlling Account. If a Connected Account is disconnected from a Controlling Account, the Avatar Items associated with the Controlling Account will no longer be accessible on such accounts that are disconnected from the Controlling Account.
Notwithstanding the foregoing paragraph, business accounts or business pages on Facebook, Instagram or other supported accounts are not permitted to purchase Avatar Items, but may be permitted to obtain Avatar Items made available at no charge in the Avatars Store. Any Avatar Item Purchases by a user’s Controlling Account using the Services may not be accessed or used by any of such user’s Connected Accounts that are business accounts or business pages on Facebook, Instagram, or other supported account. You acknowledge that if you have any individual account that is subsequently converted into either a business account or business page, you may no longer be able to access or use any Avatar Items that you purchased through that account prior to such conversion, and that you will not be entitled to a refund of the purchase price for any such Avatar Item.
You are responsible for all charges incurred in connection with your account (including any of your Connected Accounts). Meta may attempt to collect unpaid charges, including by attempting to make additional charges to your payment instrument, through the use of collections agencies and through any other legal means. If you decide to cancel your account, Meta reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any overdue or unpaid charges must be settled before you will be allowed to register again for a Facebook account, Instagram account, or other supported account.
10. DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
10.1. Disclaimers; Warranties. Consumers who have a permanent or habitual residence in the EU/EEA/UK will very often have mandatory warranty rights that apply to their use and purchase of the Services, and nothing in these Terms shall limit or exclude these rights. Subject to the foregoing, to the fullest extent permitted by law, we cannot provide any additional representations or guarantees that the Services will always be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
10.2. Limitations of Liability. We cannot predict when issues might arise with the Services. We will use reasonable care and skill in providing the Services to you, but we are not responsible for any loss or damage that is not foreseeable. We will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.Provided that we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control.
10.3. Indemnification. To the extent permitted by applicable law, you are responsible for reimbursing Meta and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) any culpable breach of these Terms, the Additional Terms, or any Third-Party Terms by you or by any third party to whom you have made available access to or use of the Services; (b) any use of the Services in violation of applicable law by you or associated with your account (unless any unauthorised use of your account is directly or indirectly caused by our actions or omissions); (c) your violation of any rights of any third party; and (d) your negligence or willful misconduct. In the event that you provide Meta’s defense to such a claim, you agree that Meta: (x) shall be consulted regarding, and shall have the right to approve (at our sole discretion), defense strategy, any appeal, and any settlement of the claim; (y) shall have the right to select defense counsel; and (z) may further participate in the defense of the claim with counsel of our own choice at our own expense.
11. DISPUTE RESOLUTION
If a claim or dispute arises out of or relates to your use of the Services as a consumer, both you and us agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you, in any competent court in the country of your main residence that has jurisdiction over your claim or dispute, and the laws of that country will apply without regard to conflict of law provisions.
If a claim or dispute arises between us that relates to use of the Services in any other capacity, including, but not limited to, access or use of the Services for a business or commercial purpose, you agree that any such claim or dispute must be resolved in a competent court in Ireland and that Irish law will apply without regard to conflict of law provisions.
12. TERMINATION
These Terms are effective until terminated by us. In addition to any termination or suspension rights set forth in the Additional Terms, we may terminate or suspend your access to the Services or to specific Virtual Items at any time and without prior notice, for an important and valid reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Services will immediately cease. Sections 1, 2 (except for Section 2.1), 3, and 5-14 (except for Section 14.1) of these Terms will survive termination and remain in place.
13. TRADE COMPLIANCE
As applicable to you, you will comply with all applicable United States (“US”) and non-US export controls, import controls, and trade sanctions laws (“Trade Laws”). You will not access, use, or download, or allow others to access, use, or download, Services, or conduct purchase transactions: (a) if you or they are located in a country or region subject to comprehensive US trade sanctions; (b) if you or they are listed on any US or EU restricted parties list; (c) in connection with activities, individuals, or entities that are located in a country or region subject to comprehensive US trade sanctions; or (d) in any way that would otherwise violate applicable Trade Laws. You or they will not disguise your or their location through IP proxying or other methods.
You will not, and will not allow others to, directly or indirectly, export, re-export, provide, resell, transfer, or otherwise dispose of Services: (a) to any individual, entity, country, or region prohibited by Trade Laws; (b) to anyone on any US or EU government restricted parties list; or (c) for any purpose prohibited by Trade Laws.
You will not, and will not allow others to, use, distribute, or transfer Services, Third-Party Content, or Third-Party Services in any manner that violates applicable laws, including all applicable Trade Laws.
Services may not be resold, transferred, or otherwise disposed of in a country or region subject to comprehensive US trade sanctions or to a person or organization sanctioned by US or EU government authorities.
14. MISCELLANEOUS
Changes. We work constantly to improve our Services and develop new features to make our Services better for you and our community, and, as a result, we may change these Terms from time to time by providing you with reasonable notice of such changes by any reasonable means, including by posting revised terms on the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. The date reference above indicates when these Terms were last changed. Your continued use of the Services following any changes to these Terms constitutes your acceptance of such changes.
14.1. Assignment. You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Meta, and any attempted assignment without such consent shall be void. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise but this will not affect your rights or our obligations under these Terms. These Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
14.2. Severability. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
14.3. Governing Law. The laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions. In no case may the aforesaid governing law prejudice the level of consumer protection ensured by the laws of your country of residence.
Annex 1
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To: [INSERT META ENTITY NAME AND ADDRESS/ DETAILS]
I/we* hereby give notice that I/we* withdraw from my/our* contract for the supply of the following digital content*:
Ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
*Delete as appropriate.