Your responsibility for your use of Meta Portal Products.
If you use a Meta Portal Product for your personal, non-commercial use (referred to herein as “personal use”), such use is subject to these Supplemental Terms and the Meta Terms of Service, and any other applicable terms made available by us relating to the Meta Portal Product. To the extent that you use a Meta Portal Product for commercial, business, or other non-personal purposes (referred to herein as“commercial use”), such use is also subject to the Commercial Terms. If you engage in a commercial use, you represent and warrant that you have legal authority to bind to these Supplemental Terms, the Commercial Terms, and the Meta Terms of Service any company, corporation, organization, business, partnership, sole proprietorship, or other entity on behalf of which, or for the benefit of, you are using a Meta Portal Product. 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, or, except to the extent expressly permitted by us, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit, any Meta Portal Products or any software, content or services made available on or through a Meta Portal device, including Third-Party Services (as defined below). You are also responsible for complying with all applicable laws when using Meta Portal Products, including providing any notice or obtaining any consents from other individuals when you or they use or interact with the Meta Portal Products, including to the extent required under video recording, audio recording, biometric data, or other privacy or data protection laws.
Your responsibility for other users of a Meta Portal device.
Certain features of Meta Portal Products may require a Facebook account or other user account supported by a Meta Portal device. Each user who logs into a Meta Portal device to create a profile on the device is referred to in these Supplemental Terms as an “Owner” of such device. If you are an Owner of a Meta Portal device, you are responsible for the activities of all users on the Meta Portal device, including activities of other Owners and non-Owners (users who do not have a profile on the Meta Portal device), and for their consent to and compliance with these Supplemental Terms. If you are an Owner of a Meta Portal device, you authorize other Owners of the device to enable device-level features on your behalf and to make device-level settings changes. You also authorize other Owners of your Meta Portal device to give consent to device-level features or settings on your behalf as your legally authorized representative. An Owner can allow non-Owners to have different types of access on a Meta Portal device, including allowing non-Owners to access certain software, services, and content (including Third-Party Services (as defined below)). We encourage each Owner to exercise caution in setting access modes and providing access to or use of a Meta Portal device to non-Owners. If you are an Owner of a Meta Portal device and allow non-Owners to access or use the Meta Portal device, you understand and agree that these non-Owners may have access to your Meta Portal-related accounts, software, services, and content (including Third-Party Services) on the Meta Portal device, and access to other information stored on or made available through the Meta Portal device.
Your responsibility for use of third-party software, services, and content on Meta Portal Products.
Meta Portal Products can be used to access certain user-facing software, services, and content provided by third parties (“Third-Party Services"). Your use of Third-Party Services is at your own risk. Use of a Third-Party Service may be subject to additional terms, conditions, fees, and policies imposed by the third party (together, “Third-Party Terms”). If you are an Owner, you are responsible for complying with any applicable Third-Party Terms and we recommend that you review any applicable Third-Party Terms before using Third-Party Services. We assume no obligations or liability with respect to any Third-Party Services, and we make no representations or warranties with respect to them. Some Third-Party Services may be pre-installed or installed by us with no additional notice to you upon initial set-up of a Meta Portal device or after a Meta Portal device is already in use. Third-Party Services can be uninstalled or deactivated by you. We have no liability for any information that you provide or authorize us to provide to a provider of a Third-Party Service, or for such third party’s collection, use, and disclosure of such information. Also, if you are removed as an Owner from a Meta Portal device and you had connected such Portal to a Third-Party Service, the Meta Portal device may still provide access to that Third-Party Service through use of your Third-Party Service account credentials, unless you take action to discontinue access to that service on the Portal (e.g., by changing the applicable account settings for the relevant Third-Party Service).
Third-Party Terms for any Third-Party Service made available as or through an app can be found in the Meta Portal app store listing for such Third-Party Service, and you are encouraged to review such Third-Party Terms prior to installing or using the app for the associated Third-Party Service. If there is no license provided for such Third-Party Service within the Third-Party Terms, the following license terms apply to your use of such Third-Party Service: (a) the third party providing the Third-Party Service (and not Meta or its affiliates) is the licensor of such Third-Party Service; (b) such third party grants to you a limited, non-transferable license to access and use the Third-Party Service only for your personal and non-commercial purposes; and (c) you may not modify, decompile, or disassemble the Third-Party Service, in whole or in part, or create any derivative works from or sublicense any rights in or to the Third-Party Service, unless otherwise expressly authorized by the third party or as permitted under applicable law notwithstanding these restrictions. Meta and its affiliates are not parties to any Third-Party Terms, including any license terms, between you and the provider of any Third-Party Services.
Functionality may change or be limited.
The functionality and performance of Meta Portal Products may change over time. We may introduce or install new features, software, services, or content (including new Meta Products, Meta Company Products or Third-Party Services), impose limits on, suspend, disable, terminate, remove, replace, change, upgrade, update or roll back certain existing features, software, services, or content (including with respect to Meta Products, Meta Company Products, or Third-Party Services) or any part of a Meta Portal Product, or restrict access to parts or all of a Meta Portal Product, without liability or additional notice to you. If a feature, software, service, or content is suspended, disabled, terminated, removed, replaced, changed, upgraded, updated, or rolled back, or if a technical error occurs, information, data, or content created or provided by you in connection with such feature, software, service, or content may be deleted or become inaccessible, and accordingly, you should not exclusively rely on any feature, software service, or content to store or preserve such information, data or content. Except to the extent required by applicable law, we have no obligation to provide a re-download, replacement, upgrade, or update of any features, software, services, or content that were previously downloaded by you or otherwise made available to you. If our software is downloaded to a Meta Portal device or used by you, you give us permission to download and install upgrades, updates, and additional features for the software where available. For clarity, this right includes permission to download and install upgrades, updates, and additional features for software embedded on your device, including during device setup.
Account suspension or termination.
If we determine, in our sole discretion, that you have clearly, seriously, or repeatedly breached the terms or policies applicable to Meta Portal Products, including the Meta Terms of Service, these Supplemental Terms, the Commercial Terms, or Third-Party Terms, or if Meta suspends, disables, or terminates your account, your access to or use of the Meta Portal device or other Meta Portal Products may be suspended or disabled, and you may lose access to or use of part or all of the services offered by Meta or third parties through the Meta Portal Products (including any of your information, data, or content associated with such services). Meta and its affiliates assume no liability for such loss of access and use and will have no obligations related to such loss.
NO ACCESS TO EMERGENCY SERVICES.
There are important differences between a Meta Portal device and a mobile or fixed-line telephone service. A Meta Portal device does not provide access to emergency services or emergency service providers (including the police, fire departments, or hospitals), or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency service providers through a mobile, fixed-line telephone, or other service.
Updates to these Supplemental Terms.
We work constantly to improve our services and develop new features to make our Meta Products better for you and our community. As a result, we may need to update these Supplemental Terms from time to time to accurately reflect our services and practices, to promote a safe and secure experience on the Meta Portal Products, and/or to comply with applicable law. Unless otherwise required by law, we will provide notice before we make updates to these Supplemental Terms. The date reference at the bottom of these Supplemental Terms indicates when this agreement was last updated. Once any updates to these Supplemental Terms are in effect, you will be bound by them if you continue to use Meta Portal Products and you must stop using the Meta Portal Products if you do not agree with the changes.
Third-party fees and costs.
You are responsible for the fees, costs, and other charges, such as internet usage or utilities fees, associated with use of Meta Portal Products, as well as fees, costs, and other charges associated with Third-Party Services.
Reserved rights.
Except for title to physical Meta Portal hardware sold to you pursuant to the Portal Terms of Sale (but not the software and content thereon or other intellectual property rights therein or thereto), the Meta Products are the property of Meta, its affiliates, or its licensors, and are protected by copyright, trademark, and other laws of the United States and other countries.
DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION.
We work hard to provide the best Meta Products we can and to specify clear guidelines for everyone who uses them. The Meta Products (including Meta Portal Products), however, are provided “as is,” and we make no representations or guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the fullest extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 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).
We cannot predict when issues might arise with the Meta Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and, subject to this limitation, under no circumstance will we be liable to you for any lost profits, revenues, information, data, or content, or for any consequential, special, indirect, exemplary, punitive, or incidental damages, arising out of or related to these Supplemental Terms or the Meta Products (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages.
Our aggregate liability arising out of or relating to these Supplemental Terms or the Meta Products will not exceed the greater of USD $100 or the amount you have paid us in connection with a Meta Portal device in the past twelve months. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU.
THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING A META PORTAL DEVICE, WHICH ARE AVAILABLE AT
https://www.meta.com/LEGAL/PORTAL/SAFETY/.
FOR AVOIDANCE OF DOUBT, AND AS STATED IN SUCH HEALTH AND SAFETY WARNINGS, META PORTAL DEVICES ARE FOR INDOOR USE ONLY.
WARNING:
FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO A META PORTAL DEVICE, ACCESSORIES, OR ANY CONNECTED DEVICES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, DISCOMFORT, OR OTHER POTENTIAL HAZARDS. BY USING A META PORTAL DEVICE, 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.
Meta Portal devices are covered by a Limited Warranty (located at
https://www.meta.com/legal/limited-warranty/) offered by Meta Platforms Technologies, LLC. Nothing in these Supplemental Terms is intended to either abridge or expand the scope of that Limited Warranty.
You agree to defend (at our request), indemnify, and hold harmless 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) your purchase or use of, or inability to use, the Meta Portal Products, (b) your violation of any applicable law or any rights of any third party, (c) any actual or alleged breach by you (or by any third party to whom you made available access or use of the Meta Portal Products) of the Meta Terms of Service (as supplemented by these Supplemental Terms) or any other applicable terms, policies, warnings, or instructions provided by Meta or a third party in relation to the Meta Portal Products, (d) any use of the Meta Portal Products in violation of applicable law, or any distribution, transfer, or export of a Meta Portal Product, by you and any other user of the Meta Portal Products, (e) any content you provide, upload, or transmit via Meta Products, and (f) any access to or use of the Meta Portal Products by any third party to whom you have made available access or use of the Meta Portal Products. 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.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) ARISING OUT OF OR RELATED TO THESE SUPPLEMENTAL TERMS OR ANY PERSONAL USE OF META PORTAL PRODUCTS (INCLUDING PERSONAL USE BY OTHERS WHO ACCESS OR USE THE META PORTAL PRODUCTS OR RELATED CONTENT), AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
With respect to disputes that you have against us arising out of or related to the Commercial Terms or any commercial use of Meta Portal Products, such disputes will be governed by the dispute resolution provision in the Commercial Terms.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date on which you first connect a Meta Portal device to your Meta Portal-related account. To opt out, you must send your name, residence address, and email address used for your Meta Portal-related account, and a clear statement that you want to opt out of this arbitration provision, and you must send them here: Meta Platforms, Inc., ATTN: Meta Portal Arbitration Opt-out, 1601 Willow Road, Menlo Park, CA 94025.
In the event that you have any dispute with us that is connected to these Supplemental Terms or any personal use of Meta Portal Products, you may contact us at portalhelp@fb.com and we will endeavor to resolve this dispute. Except as provided below, you and we agree that any cause of action, legal claim, or dispute that you have against us arising out of or related to these Supplemental Terms or any personal use of Meta Portal Products (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other users of Meta Portal devices. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this Section, then only that claim (or only that request for relief) may be severed and brought in court. All other claims (or requests for relief) remain subject to this Section.
Instead of using arbitration, you can bring claims in your local “small claims” court, if the rules of that court will allow it. If you do not bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association (“AAA”) will administer all arbitrations under its Consumer Arbitration Rules, as amended by these Supplemental Terms. YOU EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Any decision made or award rendered by the arbitrator will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. Notwithstanding any of the foregoing, nothing in the Meta Terms of Service as supplemented by these Supplemental Terms or the Commercial Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you. Disputes related to (i) intellectual property rights (like copyrights, patents, trademarks, and trade secrets), or (ii) efforts to interfere with Meta Portal Products or engage with Meta Portal Products in unauthorized ways, are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions are for a court to decide, in the jurisdictions specified below.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, and email address you use for your Facebook account or other user account supported by Meta Portal devices, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Meta Platforms, Inc., ATTN: Meta Portal Arbitration Filing, 1601 Willow Road, Menlo Park, CA 94025. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Facebook account or other user account supported by Meta Portal devices, or other appropriate means. If we are unable to resolve a dispute within 30 days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs and arbitrator fees for any arbitration if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with AAA’s applicable rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court nor subject to arbitration hereunder, you agree that such claim will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. Without prejudice to the foregoing, you agree that Meta, in its sole discretion, may bring any claim it has against you in any competent court in the jurisdiction in which you reside that has jurisdiction over the claim.
Severability and waiver.
If any portion of these Supplemental Terms or the Commercial Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to render 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 these Supplemental Terms or the Commercial Terms, it will not be considered a waiver.
Governing law.
The laws of the State of California will govern these Supplemental Terms and any claim arising under or relating to this agreement, without regard to conflict of law provisions.
Transfer and Trade Compliance.
Meta Portal Products are only intended for use in the
Supported Countries. Certain Meta Portal Product functionality and services may not be accessible outside of, and may vary among and within, the
Supported Countries. You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not use, or allow others to use, any Meta Portal Product if you or they are located in a country or region subject to comprehensive U.S. trade sanctions, if you or they are listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you and they will not disguise your or their location through IP proxying or other methods. You will not, directly or indirectly, export, re-export, provide, resell, transfer or otherwise dispose of any Meta Portal Product: (a) to any individual, entity, or country or region prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. 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 authorizations. You will not, and will not allow others to, use, distribute or transfer, any Meta Portal Product in any manner that violates applicable law, including all applicable export control and trade sanctions laws of the Supported Countries and any other applicable governmental authority. Meta Portal devices may not be resold, transferred, or otherwise disposed of in a country subject to U.S. embargo or to a person or organization sanctioned by the U.S. government without obtaining required approvals from the U.S. government.
Termination.
These Supplemental Terms are effective until terminated, and will terminate when the Meta Terms of Service between you and us is terminated. Upon such termination, the provisions in Sections 6-14 of these Supplemental Terms will remain in place and survive termination.
Assignment.
These Supplemental Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Supplemental Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Other
These Supplemental Terms and the Meta Terms of Service (and any agreements incorporated by reference therein), and, if applicable, the Commercial Terms or a Product Testing Agreement, make up the entire agreement between you and Meta, regarding your use of Meta Portal Products, and supersede any prior agreements between you and us regarding such use. A “Product Testing Agreement” is a product testing agreement, beta testing agreement, or similar agreement pursuant to which you use Meta Portal Products.
In the event of a conflict between a Product Testing Agreement, on one hand, and these Supplemental Terms and/or the Meta Terms of Service, on the other hand, the Product Testing Agreement shall govern to the extent of the conflict. In the event of a conflict between these Supplemental Terms and the Meta Terms of Service, these Supplemental Terms shall govern to the extent of the conflict. Nothing in these Supplemental Terms or the Commercial Terms limits any of our rights under the Meta Terms of Service or any additional terms that they reference.
To the extent that you are using Meta Products in your capacity as a developer of software or content for use on Meta Portal Products, you acknowledge and agree that our agreements with you as a developer supplement these Supplemental Terms and the Meta Terms of Service, and, to the extent applicable, the Commercial Terms, and will govern to the extent of any conflict between such agreements, on the one hand, and these Supplemental Terms, the Meta Terms of Service, and/or the Commercial Terms, on the other hand.
