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Meta Platforms, Inc. — Supplemental Meta Platforms Technologies Terms of Service
| Snapshot 2026-10-15 08:21 UTC | Snapshot 2026-10-31 08:24 UTC | ||||
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| f | 1 | # Supplemental Meta Platforms Technologies Terms of Service | f | 1 | # Supplemental Meta Platforms Technologies Terms of Service |
| 2 | 2 | ||||
| n | 3 | Last updated: May 12, 2025 | n | 3 | Last updated: April 29, 2025 |
| 4 | 4 | ||||
| 5 | These Supplemental Terms of Service supplement the Meta Terms of Service and app | 5 | These Supplemental Terms of Service supplement the Meta Terms of Service and app | ||
| > | ly to you if you use a Meta account to access Meta Platforms Technologies Produc | > | ly to you if you use a Meta account to access Meta Platforms Technologies Produc | ||
| > | ts. | > | ts. | ||
| 6 | 6 | ||||
| n | 7 | Your use of certain Meta Platforms Technologies Products (as defined below) is g | n | 7 | Your use of certain Meta Platforms Technologies Products (as defined below) is g |
| > | overned by both the Meta Terms of Service and these Supplemental Meta Platforms | > | overned by both the Meta Terms of Service and these Supplemental Meta Platforms | ||
| > | Technologies Terms (these “ Supplemental Terms ”), which together form an agreem | > | Technologies Terms (these “ Supplemental Terms ”), which together form an agreem | ||
| > | ent between you and Meta Platforms, Inc. (“ Meta ” or “ we ” or “ us ” or “ our | > | ent between you and Meta Platforms, Inc. (“ Meta ” or “ we ” or “ us ” or “ our | ||
| > | ”). If you are a parent or guardian of a child ages 10 to 12 (or 13 depending on | > | ”). If you are a parent or guardian of a child ages 10 to 12 and you create a Me | ||
| > | your region) and you create a Meta account on their behalf, these Supplemental | > | ta account on their behalf, these Supplemental Terms of Service apply to their u | ||
| > | Terms of Service apply to their use of the Meta account. References to “you” in | > | se of the Meta account. References to “you” in these Supplemental Terms also app | ||
| > | these Supplemental Terms also apply to them and their use of the account you cre | > | ly to them and their use of the account you created for them. | ||
| > | ated for them. | ||||
| 8 | 8 | ||||
| 9 | If there is any conflict between these Supplemental Terms and the Meta Terms of | 9 | If there is any conflict between these Supplemental Terms and the Meta Terms of | ||
| > | Service, these Supplemental Terms will govern. Nothing in these Supplemental Ter | > | Service, these Supplemental Terms will govern. Nothing in these Supplemental Ter | ||
| > | ms limits any of our rights under the Meta Terms of Service or any additional te | > | ms limits any of our rights under the Meta Terms of Service or any additional te | ||
| > | rms that they reference. | > | rms that they reference. | ||
| 10 | 10 | ||||
| n | 11 | The Supplemental Meta Platforms Technologies Privacy Policy supplements the Meta | n | 11 | The Supplemental Meta Platforms Technologies Privacy Policy supplements the Meta |
| > | Privacy Policy , which together explain how we collect, use, and share informat | > | Privacy Policy , which together explain how we collect, use, and share informat | ||
| > | ion when you use Meta Platforms Technologies Products. If you are a parent or gu | > | ion when you use Meta Platforms Technologies Products. If you are a parent or gu | ||
| > | ardian of a child between the ages of 10 and 12 (or 13 depending on your region) | > | ardian of a child between the ages of 10 and 12 and wish to create a Meta accoun | ||
| > | and wish to create a Meta account for your child, please review the Parent Priv | > | t for your child, please review the Parent Privacy Disclosure that describes how | ||
| > | acy Disclosure that describes how Meta collects, uses, and discloses your child’ | > | Meta collects, uses, and discloses your child’s personal information. The Meta | ||
| > | s personal information. The Meta Privacy Policy does not apply to the processing | > | Privacy Policy does not apply to the processing of your child’s personal informa | ||
| > | of your child’s personal information. You can also go to your settings at any t | > | tion. You can also go to your settings at any time to review the privacy choices | ||
| > | ime to review the privacy choices you have about how we use your data. | > | you have about how we use your data. | ||
| 12 | |||||
| 13 | ARBITRATION NOTICE: YOU AGREE THAT CERTAIN DISPUTES ARISING OUT OF OR RELATED TO | ||||
| > | THESE SUPPLEMENTAL TERMS OR YOUR USE OF META PLATFORM TECHNOLOGIES PRODUCTS WIL | ||||
| > | L BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A | ||||
| > | JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATIO | ||||
| > | N, AS FURTHER STATED BELOW, TO THE FULLEST EXTENT PERMITTED BY THE LAW. WE EXPLA | ||||
| > | IN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW. | ||||
| 12 | 14 | ||||
| 13 | 1. MPT Products . Meta offers a variety of hardware and software products and se | 15 | 1. MPT Products . Meta offers a variety of hardware and software products and se | ||
| > | rvices related to or in connection with those products as part of Meta Platforms | > | rvices related to or in connection with those products as part of Meta Platforms | ||
| > | Technologies. The hardware, services, features, apps, technologies, and softwar | > | Technologies. The hardware, services, features, apps, technologies, and softwar | ||
| > | e that are subject to these terms include the Meta VR Products and other Meta Pl | > | e that are subject to these terms include the Meta VR Products and other Meta Pl | ||
| > | atform Technologies products listed here , which may be updated from time to tim | > | atform Technologies products listed here , which may be updated from time to tim | ||
| > | e (“ MPT Products ”). | > | e (“ MPT Products ”). | ||
| 14 | 16 | ||||
| 15 | 1.1. Accounts . We want our platform to be as open and inclusive as possible, bu | 17 | 1.1. Accounts . We want our platform to be as open and inclusive as possible, bu | ||
| > | t we also want it to be safe, secure, and in accordance with the law. So, we nee | > | t we also want it to be safe, secure, and in accordance with the law. So, we nee | ||
| > | d you to agree to a few requirements before you can create an account to use our | > | d you to agree to a few requirements before you can create an account to use our | ||
| > | MPT Products: | > | MPT Products: | ||
| 16 | 18 | ||||
| n | 17 | 1.1.a. You must be at least 13 years of age (or 14 depending on your region) to | n | 19 | 1.1.a. You must be at least 13 years of age to create one or more accounts suppo |
| > | create one or more accounts supported by a MPT Product, such as a Meta account. | > | rted by a MPT Product, such as a Meta account. You may create a Meta account on | ||
| > | You may create a Meta account on behalf of your child ages 10 to 12 (or 13 depen | > | behalf of your child ages 10 to 12. When your child turns 13, they will have 30 | ||
| > | ding on their region). When your child turns 13 (or 14 depending on their region | > | days to start managing their Meta account or they will be blocked from using the | ||
| > | ), they will have 30 days to start managing their Meta account or they will be b | > | ir device. Meta accounts for children ages 10 to 12 may not be supported on all | ||
| > | locked from using their device.. Meta accounts for children ages 10 to 12 (or 13 | > | MPT Products, including Meta Wearable Products. | ||
| > | depending on the region) may not be supported on all MPT Products, including Me | ||||
| > | ta Wearable Products. | ||||
| 18 | 20 | ||||
| 19 | 1.1.b. You cannot create a Meta account if you are a convicted sex offender, if | 21 | 1.1.b. You cannot create a Meta account if you are a convicted sex offender, if | ||
| > | we have previously disabled your account for violations of the Meta Terms of Ser | > | we have previously disabled your account for violations of the Meta Terms of Ser | ||
| > | vice, these Supplemental Terms, or other terms or policies that apply to your us | > | vice, these Supplemental Terms, or other terms or policies that apply to your us | ||
| > | e of MPT Products, or if you are prohibited from receiving our products, service | > | e of MPT Products, or if you are prohibited from receiving our products, service | ||
| > | s, or software under applicable laws. | > | s, or software under applicable laws. | ||
| 20 | 22 | ||||
| n | 21 | 1.1.c. You may use the same Meta account to access different MPT Products, or yo | n | 23 | 1.1.c. You may use the same Meta account to access different MPT Products, or yo |
| > | u may create multiple different Meta accounts. However, except between you and y | > | u may create multiple different Meta accounts. However, except between you and y | ||
| > | our child ages 10 to 12 (or 13 depending on your region) for whom you have creat | > | our child ages 10 to 12 for whom you have created an account, you may not share | ||
| > | ed an account, you may not share passwords or transfer your account to anyone el | > | passwords or transfer your account to anyone else (without our permission). | ||
| > | se (without our permission). | ||||
| 22 | 24 | ||||
| 23 | 1.1.d. You must provide us with accurate and up to date information (including r | 25 | 1.1.d. You must provide us with accurate and up to date information (including r | ||
| > | egistration information), which may include providing your or your child’s perso | > | egistration information), which may include providing your or your child’s perso | ||
| > | nal data. Also, you may not impersonate someone you aren’t. | > | nal data. Also, you may not impersonate someone you aren’t. | ||
| 24 | 26 | ||||
| 30 | 32 | ||||
| 31 | 2.1. Your responsibility for your use of MPT Products . You may only use MPT Pro | 33 | 2.1. Your responsibility for your use of MPT Products . You may only use MPT Pro | ||
| > | ducts for personal non-commercial purposes unless otherwise expressly permitted | > | ducts for personal non-commercial purposes unless otherwise expressly permitted | ||
| > | in these Supplemental Terms or authorized by us in writing. Except as expressly | > | in these Supplemental Terms or authorized by us in writing. Except as expressly | ||
| > | permitted by us, you may not copy, modify, prepare directive works, distribute, | > | permitted by us, you may not copy, modify, prepare directive works, distribute, | ||
| > | sell, lease, publicly display, publicly perform, transmit, stream, broadcast, ha | > | sell, lease, publicly display, publicly perform, transmit, stream, broadcast, ha | ||
| > | ck, emulate, or otherwise exploit any part of our services and software. Unless | > | ck, emulate, or otherwise exploit any part of our services and software. Unless | ||
| > | we are prohibited from restricting you under applicable law, you also may not re | > | we are prohibited from restricting you under applicable law, you also may not re | ||
| > | verse engineer any of the MPT Products or try to derive any of the software used | > | verse engineer any of the MPT Products or try to derive any of the software used | ||
| > | in the MPT Products. You are also responsible for complying with all applicable | > | in the MPT Products. You are also responsible for complying with all applicable | ||
| > | laws when using MPT Products, including providing any notice to or obtaining an | > | laws when using MPT Products, including providing any notice to or obtaining an | ||
| > | y consents from other individuals who you interact with on your MPT Products as | > | y consents from other individuals who you interact with on your MPT Products as | ||
| > | may be required under video recording, audio recording, biometric data, or other | > | may be required under video recording, audio recording, biometric data, or other | ||
| > | privacy or data protection laws. You are responsible for using your MPT Product | > | privacy or data protection laws. You are responsible for using your MPT Product | ||
| > | s in a safe, lawful, and respectful manner. For example, you may not tamper with | > | s in a safe, lawful, and respectful manner. For example, you may not tamper with | ||
| > | the MPT Products, or otherwise obscure or modify any features that are intended | > | the MPT Products, or otherwise obscure or modify any features that are intended | ||
| > | to signal to others that the product is recording. | > | to signal to others that the product is recording. | ||
| 32 | 34 | ||||
| n | 33 | 2.2. Commercial Use of MPT Products . | n | ||
| 34 | If you use MPT Products for commercial, business, or other non-personal purpose | 35 | 2.2. Commercial Use of MPT Products . If you use MPT Products for commercial, bu | ||
| > | s (“ commercial use ”), you agree that any such use is also subject to the Comme | > | siness, or other non-personal purposes (“ commercial use ”), you agree that any | ||
| > | rcial Terms for each MPT Product (identified in Section 5.12(b) below) unless ot | > | such use is also subject to the Commercial Terms for each MPT Product (identifie | ||
| > | herwise agreed by Meta. If you engage in a commercial use, you represent and war | > | d in Section 5.13(b) below) unless otherwise agreed by Meta. If you engage in a | ||
| > | rant that you have legal authority to bind your organization to these Supplement | > | commercial use, you represent and warrant that you have legal authority to bind | ||
| > | al Terms, the applicable Commercial Terms, and the Meta Terms of Service with re | > | your organization to these Supplemental Terms, the applicable Commercial Terms, | ||
| > | spect to the full extent of any such commercial use. | > | and the Meta Terms of Service with respect to the full extent of any such commer | ||
| > | cial use. | ||||
| 35 | 36 | ||||
| 36 | 2.3. Your responsibility for other users of your MPT Product . Each person, incl | 37 | 2.3. Your responsibility for other users of your MPT Product . Each person, incl | ||
| > | uding you, who uses your MPT Product is referred to in these Supplemental Terms | > | uding you, who uses your MPT Product is referred to in these Supplemental Terms | ||
| > | as a user of such products. You are responsible for the activities of all users | > | as a user of such products. You are responsible for the activities of all users | ||
| > | of your MPT Products, and for their consent to and compliance with these Supplem | > | of your MPT Products, and for their consent to and compliance with these Supplem | ||
| > | ental Terms. We encourage you to monitor others who use your MPT Products. | > | ental Terms. We encourage you to monitor others who use your MPT Products. | ||
| 37 | 38 | ||||
| 39 | 40 | ||||
| 40 | 3. The Permissions You Give Us | 41 | 3. The Permissions You Give Us | ||
| 41 | 42 | ||||
| n | 42 | 3.1. Permission to use content you create and share . The license granted under | n | 43 | 3.1. Permission to use content you create and share . The license granted under |
| > | “The permissions you give us” of the Meta Terms of Service includes content that | > | “The permissions you give us” of the Meta Terms of Service includes content that | ||
| > | you create, share, post, or upload on or in connection with MPT Products (consi | > | you create, share, post, or upload on or in connection with MPT Products (consi | ||
| > | stent with applicable privacy settings ). This means, for example, that if you c | > | stent with applicable privacy settings ). This means, for example, that if you c | ||
| > | reate or upload videos using MPT Products, you give us permission to store, copy | > | reate or upload videos using MPT Products, you give us permission to store, copy | ||
| > | , and share them with others (again, consistent with your privacy settings), suc | > | , and share them with others (again, consistent with your privacy settings), suc | ||
| > | h as Meta Company Products, or service providers that support those products and | > | h as Meta Company Products, or service providers that support those products and | ||
| > | services. | > | services.This license is solely for the purposes of providing and improving Met | ||
| > | a Company Products and services (including the MPT Products) as described in the | ||||
| > | Meta Terms of Service and in these Supplemental Terms, and will end when your c | ||||
| > | ontent is deleted from our systems. | ||||
| 43 | This license is solely for the purposes of providing and improving Meta Company | ||||
| > | Products and services (including the MPT Products) as described in the Meta Ter | ||||
| > | ms of Service, these Supplemental Terms, and consistent with applicable privacy | ||||
| > | settings and privacy or data protection laws. The scope and substance of the lic | ||||
| > | ense are not intended to exceed the extent permitted by applicable laws and will | ||||
| > | end when your content is deleted from our systems. | ||||
| 44 | 44 | ||||
| 45 | 3.2. Permissions to update software you use or download. The “Permission to upda | 45 | 3.2. Permissions to update software you use or download. The “Permission to upda | ||
| > | te software you use or download” of the Meta Terms of Service includes permissio | > | te software you use or download” of the Meta Terms of Service includes permissio | ||
| > | n to download and install updates to software embedded on your device, including | > | n to download and install updates to software embedded on your device, including | ||
| > | during device setup. If you use a Third-Party Service (see Section 4.2 below), | > | during device setup. If you use a Third-Party Service (see Section 4.2 below), | ||
| > | you understand and agree that we may install upgrades, updates, and additional f | > | you understand and agree that we may install upgrades, updates, and additional f | ||
| > | eatures for the Third-Party Service. Some Third-Party Services may constitute co | > | eatures for the Third-Party Service. Some Third-Party Services may constitute co | ||
| > | re features of a MPT Product device and may be pre-installed or installed by us | > | re features of a MPT Product device and may be pre-installed or installed by us | ||
| > | with no additional notice to you upon initial setup of a MPT Product device or a | > | with no additional notice to you upon initial setup of a MPT Product device or a | ||
| > | fter a MPT Product device is already in use. | > | fter a MPT Product device is already in use. | ||
| 46 | 46 | ||||
| 52 | 52 | ||||
| 53 | 4.2. Third-Party Services . MPT Products can be used to access software, applica | 53 | 4.2. Third-Party Services . MPT Products can be used to access software, applica | ||
| > | tions, services, content, and virtual items (including, but not limited to, thir | > | tions, services, content, and virtual items (including, but not limited to, thir | ||
| > | d-party digital content, additional or enhanced functionality, or media content | > | d-party digital content, additional or enhanced functionality, or media content | ||
| > | purchased through MPT Products) provided by third parties (“ Third-Party Service | > | purchased through MPT Products) provided by third parties (“ Third-Party Service | ||
| > | s ”). In some cases, Meta or its affiliates may distribute Third-Party Services | > | s ”). In some cases, Meta or its affiliates may distribute Third-Party Services | ||
| > | to you on behalf of the third party. | > | to you on behalf of the third party. | ||
| 54 | 54 | ||||
| n | 55 | 4.2.a. Third-Party Terms . Your use of a Third-Party Service may be subject to a | n | 55 | 4.2.a. Third-Party Terms . Your use of a Third-Party Service may be subject to a |
| > | dditional terms, conditions, fees, and policies imposed by the third party (toge | > | dditional terms, conditions, fees, and policies imposed by the third party (toge | ||
| > | ther, “ Third-Party Terms ”). Meta is not a party to these Third-Party Terms. Ho | > | ther, “ Third-Party Terms ”). Meta is not a party to these Third-Party Terms. Ho | ||
| > | wever, in the event that Third-Party Terms conflict with the provisions of these | > | wever, in the event that Third-Party Terms conflict with the provisions of these | ||
| > | Supplemental Terms, these Supplemental Terms will govern. You are responsible f | > | Supplemental Terms, these Supplemental Terms will govern. You are responsible f | ||
| > | or complying with any applicable Third-Party Terms, and we recommend that you re | > | or complying with any applicable Third-Party Terms, and we recommend that you re | ||
| > | view any applicable Third-Party Terms before using Third-Party Services. To the | > | view any applicable Third-Party Terms before using Third-Party Services. We have | ||
| > | maximum extent permitted by applicable law, we have no obligations or liability | > | no obligations or liability for (i) your access to or use of any Third-Party Se | ||
| > | for (i) your access to or use of any Third-Party Services, (ii) any information | > | rvices, (ii) any information that you provide or authorize us to provide to any | ||
| > | that you provide or authorize us to provide to any Third-Party Services, or (iii | > | Third-Party Services, or (iii) such third party’s collection, use, or disclosure | ||
| > | ) such third party’s collection, use, or disclosure of such information; however | > | of such information. If you have connected to a Third-Party Service on a MPT Pr | ||
| > | , depending on the applicable jurisdiction, such third party may have legal obli | > | oduct, you may remain connected using saved credentials unless you take action t | ||
| > | gations to you with respect to such data, and we encourage you to review the thi | > | o discontinue access to that service (such as by changing the applicable account | ||
| > | rd party’s privacy policies to understand how they may collect, use, and disclos | > | settings for the relevant Third-Party Service). | ||
| > | e data. If you have connected to a Third-Party Service on a MPT Product, you may | ||||
| > | remain connected using saved credentials unless you take action to discontinue | ||||
| > | access to that service (such as by changing the applicable account settings for | ||||
| > | the relevant Third-Party Service). | ||||
| 56 | 56 | ||||
| 57 | 4.2.b. Default End User License . If you are not presented with an end user lice | 57 | 4.2.b. Default End User License . If you are not presented with an end user lice | ||
| > | nse agreement when you acquire Third-Party Services, the following license terms | > | nse agreement when you acquire Third-Party Services, the following license terms | ||
| > | apply to your use of such Third-Party Services: (a) the third party providing t | > | apply to your use of such Third-Party Services: (a) the third party providing t | ||
| > | he Third-Party Services (and not Meta or its affiliates) is the licensor of such | > | he Third-Party Services (and not Meta or its affiliates) is the licensor of such | ||
| > | Third-Party Services; (b) such third party grants you a limited, non-transferab | > | Third-Party Services; (b) such third party grants you a limited, non-transferab | ||
| > | le license to access and use the Third-Party Services only for your personal and | > | le license to access and use the Third-Party Services only for your personal and | ||
| > | non-commercial purposes; and (c) you may not modify, decompile or disassemble t | > | non-commercial purposes; and (c) you may not modify, decompile or disassemble t | ||
| > | he Third-Party Services in whole or in part, or create any derivative works from | > | he Third-Party Services in whole or in part, or create any derivative works from | ||
| > | or sublicense any rights in or to the Third-Party Services, unless otherwise ex | > | or sublicense any rights in or to the Third-Party Services, unless otherwise ex | ||
| > | pressly authorized by the third party or as permitted under applicable law notwi | > | pressly authorized by the third party or as permitted under applicable law notwi | ||
| > | thstanding these restrictions. Meta and its affiliates are not parties to the li | > | thstanding these restrictions. Meta and its affiliates are not parties to the li | ||
| > | cense agreement between you and the provider of such Third-Party Services or oth | > | cense agreement between you and the provider of such Third-Party Services or oth | ||
| > | er Third-Party Terms. | > | er Third-Party Terms. | ||
| 58 | 58 | ||||
| 59 | 4.2.c. Discontinuation of Third-Party Services . Third-Party Services may requir | 59 | 4.2.c. Discontinuation of Third-Party Services . Third-Party Services may requir | ||
| > | e access to data about Meta users and Meta services, which access is subject to | > | e access to data about Meta users and Meta services, which access is subject to | ||
| > | agreements between Third-Party Service providers and Meta. We may disable this a | > | agreements between Third-Party Service providers and Meta. We may disable this a | ||
| > | ccess for a Third-Party Service if the Third-Party Service provider breaches the | > | ccess for a Third-Party Service if the Third-Party Service provider breaches the | ||
| > | se agreements, our policies, or applicable law, or if the agreements are otherwi | > | se agreements, our policies, or applicable law, or if the agreements are otherwi | ||
| > | se terminated. This may adversely affect your use of such Third-Party Services, | > | se terminated. This may adversely affect your use of such Third-Party Services, | ||
| > | including by making such Third-Party Services partially or fully inoperable. To | > | including by making such Third-Party Services partially or fully inoperable. To | ||
| > | the maximum extent permitted by applicable law, we will have no liability to you | > | the maximum extent permitted by applicable law, we will have no liability to you | ||
| > | for removing or disabling access to data and services by a third party for thes | > | for removing or disabling access to data and services by a third party for thes | ||
| > | e reasons. This means, without limitation, that Meta will not provide you with a | > | e reasons. This means, without limitation, that Meta will not provide you with a | ||
| > | ny refunds for such Third-Party Services in these cases. Any rights, including r | > | ny refunds for such Third-Party Services in these cases. Any rights, including r | ||
| > | efund claims, which you may have under your agreements with third parties remain | > | efund claims, which you may have under your agreements with third parties remain | ||
| > | unaffected. | > | unaffected. | ||
| 60 | 60 | ||||
| n | 61 | 4.3. Prohibitions . | n | ||
| 62 | In addition to what is stated in the Meta Terms of Service, you may not use MPT | 61 | 4.3. Prohibitions . In addition to what is stated in the Meta Terms of Service, | ||
| > | Products to do or share anything that violates these Supplemental Terms, or oth | > | you may not use MPT Products to do or share anything that violates these Supplem | ||
| > | er terms and policies that apply to your use of MPT Products, including but not | > | ental Terms, or other terms and policies that apply to your use of MPT Products, | ||
| > | limited to those described in Sections 5.11 and 5.12 below. We encourage you to | > | including but not limited to those described in Sections 5.12 and 5.13 below. W | ||
| > | report content or conduct that you believe violates your rights or our terms and | > | e encourage you to report content or conduct that you believe violates your righ | ||
| > | policies. We may remove, delete or restrict access to content that violates suc | > | ts or our terms and policies. We, at our sole discretion, may remove, delete or | ||
| > | h terms and policies, including content that infringes intellectual property rig | > | restrict access to content that we determine to violate such terms and policies, | ||
| > | hts (such as by infringing another’s copyright or trademark, or distributing or | > | including content that infringes intellectual property rights (such as by infri | ||
| > | selling counterfeit or pirated goods). | > | nging another’s copyright or trademark, or distributing or selling counterfeit o | ||
| > | r pirated goods). If you believe that anything on or available through the MPT P | ||||
| > | roducts infringes upon any intellectual property rights you own or control, you | ||||
| > | may submit a notification of such infringement with our Designated Agent. | ||||
| 63 | |||||
| 64 | If you believe that anything on or available through the MPT Products infringes | ||||
| > | upon any intellectual property rights you own or control, you may submit a noti | ||||
| > | fication of such infringement with our Designated Agent as stated below: | ||||
| 65 | |||||
| 66 | Meta Designated Agent | ||||
| 67 | |||||
| 68 | Meta Platforms, Inc. | ||||
| 69 | |||||
| 70 | 1 Meta Way | ||||
| 71 | |||||
| 72 | Menlo Park, CA 94025, US | ||||
| 73 | |||||
| 74 | Phone: +1 (650) 543 4800 | ||||
| 75 | |||||
| 76 | Email address: ip@oculus.com | ||||
| 77 | 62 | ||||
| 78 | 4.4. Objectionable Content . We may display age, comfort, and content ratings fo | 63 | 4.4. Objectionable Content . We may display age, comfort, and content ratings fo | ||
| > | r digital content (including ads) that are based on information provided to us b | > | r digital content (including ads) that are based on information provided to us b | ||
| > | y the developers of such content, and which are not verified by Meta, unless exp | > | y the developers of such content, and which are not verified by Meta, unless exp | ||
| > | ressly mentioned. We cannot guarantee that digital content ratings will always b | > | ressly mentioned. We cannot guarantee that digital content ratings will always b | ||
| > | e accurate, nor can we promise that you will not find some material harmful, ina | > | e accurate, nor can we promise that you will not find some material harmful, ina | ||
| > | ppropriate, offensive, indecent, or objectionable, including material that may b | > | ppropriate, offensive, indecent, or objectionable, including material that may b | ||
| > | e found through accessing third-party links or other Third-Party Services. You u | > | e found through accessing third-party links or other Third-Party Services. You u | ||
| > | nderstand that you may be exposed to content from a variety of sources when usin | > | nderstand that you may be exposed to content from a variety of sources when usin | ||
| > | g MPT Products and acknowledge that content may be inaccurate, inappropriate, of | > | g MPT Products and acknowledge that content may be inaccurate, inappropriate, of | ||
| > | fensive, indecent, or otherwise objectionable. You agree that, to the maximum ex | > | fensive, indecent, or otherwise objectionable. You agree that, to the maximum ex | ||
| > | tent permitted by applicable law, Meta will not be responsible or liable for con | > | tent permitted by applicable law, Meta will not be responsible or liable for con | ||
| > | tent posted by you, other users of MPT Products, or a third party. | > | tent posted by you, other users of MPT Products, or a third party. | ||
| 79 | 64 | ||||
| 81 | 66 | ||||
| 82 | 5. Additional Provisions | 67 | 5. Additional Provisions | ||
| 83 | 68 | ||||
| n | 84 | 5.1. Functionality may change or be limited . We work constantly to improve MPT | n | 69 | 5.1. Functionality may change or be limited . We work constantly to improve MPT |
| > | Products and respond to changing needs of our community. As part of this continu | > | Products and respond to changing needs of our community. As part of this continu | ||
| > | al improvement, we may introduce new features or services, impose limits on, cha | > | al improvement, we may introduce new features or services, impose limits on, cha | ||
| > | nge, suspend, disable, remove, replace, update, upgrade, roll back, or restrict | > | nge, suspend, disable, remove, replace, update, upgrade, roll back, or restrict | ||
| > | access to features, services, software, content or any part of MPT Products (inc | > | access to features, services, software, content or any part of MPT Products (inc | ||
| > | luding Meta Products or Meta Company Products). Where legally required, we will | > | luding Meta Products or Meta Company Products). If a feature, service, software | ||
| > | provide you with reasonable advance notice of such modifications. If a feature, | > | or content is no longer available, or if a technical error occurs, information, | ||
| > | service, software or content is no longer available, or if a technical error occ | > | data, or content created or provided by you in connection with such feature, ser | ||
| > | urs, information, data, or content created or provided by you in connection with | > | vice, software or content may be deleted or become inaccessible, and you should | ||
| > | such feature, service, software or content may be deleted or become inaccessibl | > | not exclusively rely on any feature, service, software or content to store or pr | ||
| > | e, and you should not exclusively rely on any feature, service, software or cont | > | eserve such information, data or content. In addition, certain features, service | ||
| > | ent to store or preserve such information, data or content. In addition, certain | > | s, software or content may be disabled or made available in modified form based | ||
| > | features, services, software or content may be disabled or made available in mo | > | on your age or location. We may offer free trials or other limited versions of t | ||
| > | dified form based on your age or location. We may offer free trials or other lim | > | he MPT Products so that you can preview these products before purchase. These ve | ||
| > | ited versions of the MPT Products so that you can preview these products before | > | rsions may have limited features, restrict the permitted time of use and contain | ||
| > | purchase. These versions may have limited features, restrict the permitted time | > | other limitations. The features, functionality, or availability of a Third-Part | ||
| > | of use and contain other limitations. The features, functionality, or availabili | > | y Service may change or be discontinued, including if the developer of such Thir | ||
| > | ty of a Third-Party Service may change or be discontinued, including if the deve | > | d-Party Service violates our terms or policies, or in accordance with the Terms | ||
| > | loper of such Third-Party Service violates our terms or policies, or in accordan | > | or the applicable Third-Party Terms. | ||
| > | ce with the Terms or the applicable Third-Party Terms. | ||||
| 85 | 70 | ||||
| 86 | 5.2. Account suspension or termination . | 71 | 5.2. Account suspension or termination . | ||
| n | 87 | In addition to what is stated under “Account suspension or termination” in the | n | 72 | In addition to what is stated under “Account suspension or termination” in the |
| > | Meta Terms of Service, which applies to MPT Products and the Meta account, your | > | Meta Terms of Service, which applies to MPT Products and the Meta account, your | ||
| > | access to or use of MPT Products may be restricted, suspended, or disabled, and | > | access to or use of MPT Products may be restricted, suspended, or disabled, and | ||
| > | you may lose access to part or all of the services offered by Meta or third part | > | you may lose access to part or all of the services offered by Meta or third part | ||
| > | ies through MPT Products (including your accounts, and any of your information, | > | ies through MPT Products (including your accounts, and any of your information, | ||
| > | data, or content associated with such services), if, acting reasonably: (i) we d | > | data, or content associated with such services), if: (i) we determine, in our di | ||
| > | etermine that you have clearly, seriously, or repeatedly breached these Suppleme | > | scretion, that you have clearly, seriously, or repeatedly breached these Supplem | ||
| > | ntal Terms, or other terms and policies that apply to your access to or use of M | > | ental Terms, or other terms and policies that apply to your access to or use of | ||
| > | PT Products or Third-Party Services; or (ii) your access to, or use of, MPT Prod | > | MPT Products or Third-Party Services; or (ii) we believe your access to, or use | ||
| > | ucts creates a health and safety risk. We may also disable or delete your accoun | > | of, MPT Products creates a health and safety risk. We may also disable or delete | ||
| > | t if after registration your account is not confirmed, your account is unused an | > | your account if after registration your account is not confirmed, your account | ||
| > | d remains inactive for an extended period of time, or if we detect someone may h | > | is unused and remains inactive for an extended period of time, or if we detect s | ||
| > | ave used it without your permission and we are unable to confirm your ownership | > | omeone may have used it without your permission and we are unable to confirm you | ||
| > | of the account, or where we are required to do so under applicable law. To the m | > | r ownership of the account, or where we are required to do so under applicable l | ||
| > | aximum extent permitted by applicable law, Meta and its affiliates assume no lia | > | aw. To the maximum extent permitted by applicable law, Meta and its affiliates a | ||
| > | bility for such loss of access and use and will have no obligations related to s | > | ssume no liability for such loss of access and use and will have no obligations | ||
| > | uch loss. If you discontinue your use of MPT Products, or we disable your access | > | related to such loss. If you discontinue your use of MPT Products, or we disable | ||
| > | to or use of MPT Products, these Supplemental Terms shall terminate as an agree | > | your access to or use of MPT Products, these Supplemental Terms shall terminate | ||
| > | ment between you and us with respect to those MPT Products, but certain sections | > | as an agreement between you and us with respect to those MPT Products, but cert | ||
| > | will survive termination as provided in Section 5.9 below. | > | ain sections will survive termination as provided in Section 5.10 below. | ||
| 88 | 73 | ||||
| n | 89 | 5.3. Updates to these Supplemental Terms . These Supplemental Terms may be updat | n | 74 | 5.3. Updates to these Supplemental Terms . These Supplemental Terms may be updat |
| > | ed from time to time to accurately reflect our services and practices, to promot | > | ed from time to time to accurately reflect our services and practices, to promot | ||
| > | e a safe and secure experience on the MPT Products, and/or comply with applicabl | > | e a safe and secure experience on the MPT Products, and/or comply with applicabl | ||
| > | e law. We will only make changes to these Supplemental Terms if the provisions a | > | e law. Unless the changes are required by law, we will notify you before we make | ||
| > | re no longer appropriate or if they are incomplete, and only if the changes are | > | changes to these Supplemental Terms or any Commercial Terms (if the changes are | ||
| > | reasonable and take due account of interests. Unless the changes are required by | > | applicable to the MPT Products used by you), and give you an opportunity to rev | ||
| > | law, we will notify you (for example, by email or through MPT Products) at leas | > | iew the updated terms before they go into effect. We hope that you will continue | ||
| > | t 30 days before we make changes to these Supplemental Terms or any Commercial T | > | using MPT Products, but if you do not agree to our updated Supplemental Terms, | ||
| > | erms (if the changes are applicable to the MPT Products used by you), and give y | > | you must cease use of MPT Products. Your continued use of MPT Products after the | ||
| > | ou an opportunity to review the updated terms before they go into effect. We hop | > | effective date of the updated Supplemental Terms constitutes your acceptance of | ||
| > | e that you will continue using MPT Products, but if you do not agree to our upda | > | those terms. | ||
| > | ted Supplemental Terms, you must cease use of MPT Products. Your continued use o | ||||
| > | f MPT Products after the effective date of the updated Supplemental Terms consti | ||||
| > | tutes your acceptance of those terms. | ||||
| 90 | 75 | ||||
| 91 | 5.4. Third-Party Fees and Costs . You are responsible for the fees, costs, and o | 76 | 5.4. Third-Party Fees and Costs . You are responsible for the fees, costs, and o | ||
| > | ther charges, such as internet usage or utilities fees, associated with use of M | > | ther charges, such as internet usage or utilities fees, associated with use of M | ||
| > | PT Products, as well as fees, costs, and other charges associated with Third-Par | > | PT Products, as well as fees, costs, and other charges associated with Third-Par | ||
| > | ty Services. | > | ty Services. | ||
| 92 | 77 | ||||
| 100 | 85 | ||||
| 101 | 5.5.d. THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS, INFORMATION, AND INSTRUCT | 86 | 5.5.d. THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS, INFORMATION, AND INSTRUCT | ||
| > | IONS (“HEALTH AND SAFETY WARNINGS”) THAT YOU MUST READ BEFORE USING MPT PRODUCTS | > | IONS (“HEALTH AND SAFETY WARNINGS”) THAT YOU MUST READ BEFORE USING MPT PRODUCTS | ||
| > | OR ALLOWING YOUR CHILD TO USE MPT PRODUCTS, AVAILABLE HERE . THESE INCLUDE WARN | > | OR ALLOWING YOUR CHILD TO USE MPT PRODUCTS, AVAILABLE HERE . THESE INCLUDE WARN | ||
| > | INGS, INFORMATION, AND INSTRUCTIONS THAT A PARENT OR GUARDIAN MUST REVIEW AND CO | > | INGS, INFORMATION, AND INSTRUCTIONS THAT A PARENT OR GUARDIAN MUST REVIEW AND CO | ||
| > | NSIDER BEFORE DETERMINING THAT THEIR CHILD IS READY FOR MPT PRODUCTS AND SETTING | > | NSIDER BEFORE DETERMINING THAT THEIR CHILD IS READY FOR MPT PRODUCTS AND SETTING | ||
| > | UP AN ACCOUNT ON THEIR BEHALF. WARNING: FAILURE TO FOLLOW THE HEALTH AND SAFETY | > | UP AN ACCOUNT ON THEIR BEHALF. WARNING: FAILURE TO FOLLOW THE HEALTH AND SAFETY | ||
| > | WARNINGS AND INSTRUCTIONS MAY RESULT IN DAMAGE TO MPT PRODUCTS OR ACCESSORIES, | > | WARNINGS AND INSTRUCTIONS MAY RESULT IN DAMAGE TO MPT PRODUCTS OR ACCESSORIES, | ||
| > | AND MAY INCREASE THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DISCOMFORT OR OTH | > | AND MAY INCREASE THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DISCOMFORT OR OTH | ||
| > | ER POTENTIAL HAZARDS. BY USING MPT PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU | > | ER POTENTIAL HAZARDS. BY USING MPT PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU | ||
| > | HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS AND ENSURE THAT ALL USERS OF YOUR | > | HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS AND ENSURE THAT ALL USERS OF YOUR | ||
| > | MPT PRODUCTS READ AND UNDERSTAND THE HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS | > | MPT PRODUCTS READ AND UNDERSTAND THE HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS | ||
| > | (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WAR | > | (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WAR | ||
| > | NINGS AND INSTRUCTIONS. | > | NINGS AND INSTRUCTIONS. | ||
| 102 | 87 | ||||
| n | 103 | 5.5.e. To the maximum extent permitted by applicable law, you agree to defend (a | n | 88 | 5.5.e. To the maximum extent permitted by applicable law, you agree to defend (a |
| > | t our request), indemnify and hold harmless Meta and its affiliates from and aga | > | t our request), indemnify and hold harmless Meta and its affiliates from and aga | ||
| > | inst all claims, liabilities, damages, losses, and expenses (including, but not | > | inst all claims, liabilities, damages, losses, and expenses (including, but not | ||
| > | limited to, reasonable attorneys’ fees and costs) arising out of or in any way c | > | limited to, reasonable attorneys’ fees and costs) arising out of or in any way c | ||
| > | onnected with (i) your actual or alleged breach of these Supplemental Terms or a | > | onnected with (i) your purchase or use of the MPT Products; (ii) your actual or | ||
| > | ny other applicable terms, policies, warnings or instructions provided by Meta o | > | alleged breach of these Supplemental Terms or any other applicable terms, polici | ||
| > | r a third party in relation to the MPT Products; (ii) your violation of any appl | > | es, warnings or instructions provided by Meta or a third party in relation to th | ||
| > | icable law or any rights of any third party; (iii) any content you provide, uplo | > | e MPT Products; (iii) your violation of any applicable law or any rights of any | ||
| > | ad, or transmit while using MPT Products, or (iv) any access to or use of MPT Pr | > | third party; (iv) any content you provide, upload, or transmit while using MPT P | ||
| > | oducts by any third party to whom you have made available MPT Products access or | > | roducts, or (v) any access to or use of MPT Products by any third party to whom | ||
| > | use, unless applicable law requires otherwise. In the event that you provide Me | > | you have made available MPT Products access or use. In the event that you provid | ||
| > | ta’s defense to such a claim, you agree that Meta (a) shall be consulted regardi | > | e Meta’s defense to such a claim, you agree that Meta (a) shall be consulted reg | ||
| > | ng, and shall have the right to approve (at our sole discretion), defense strate | > | arding, and shall have the right to approve (at our sole discretion), defense st | ||
| > | gy, any appeal, and any settlement of the claim, (b) shall have the right to sel | > | rategy, any appeal, and any settlement of the claim, (b) shall have the right to | ||
| > | ect defense counsel, and (c) may further participate in the defense of the claim | > | select defense counsel, and (c) may further participate in the defense of the c | ||
| > | with counsel of our own choice at our own expense. | > | laim with counsel of our own choice at our own expense. | ||
| 104 | 89 | ||||
| 105 | 5.6. Dispute Resolution. | 90 | 5.6. Dispute Resolution. | ||
| 106 | 91 | ||||
| n | 107 | In the event that you have any dispute with us that is connected to these Supple | n | 92 | PLEASE READ THIS SECTION 5.6 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR |
| > | mental Terms or personal use of MPT Products, you may contact us and we will end | > | LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 5.6 | ||
| > | eavor to resolve this dispute. | > | REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION ANY AND ALL DISPUTES (EXCEPT AS EX | ||
| > | PRESSLY PROVIDED FOR BELOW) ARISING OUT OF OR RELATED TO THESE SUPPLEMENTAL TERM | ||||
| > | S, OR ANY PERSONAL USE OF MPT PRODUCTS, AND LIMITS THE MANNER IN WHICH YOU CAN S | ||||
| > | EEK RELIEF FROM US. | ||||
| 108 | 93 | ||||
| n | 109 | If you are a consumer, or where required by applicable law, the laws of the coun | n | 94 | 5.6.a. What claims must be arbitrated. Except as provided below, you and Meta ag |
| > | try in which you reside will apply to any claim, cause of action, or dispute you | > | ree that any cause of action, legal claim, or dispute between you and Meta arisi | ||
| > | have against us that arises out of or relates to these Supplemental Terms or MP | > | ng out of or related to these Supplemental Terms, or the purchase or personal us | ||
| > | T Products, and you may resolve your claim in any competent court in that countr | > | e of MPT Products (“ claim(s) ”) must be resolved by arbitration on an individua | ||
| > | y that has jurisdiction over the claim. In all other cases, you agree that the c | > | l basis. This arbitration provision is governed by the Federal Arbitration Act. | ||
| > | laim must be resolved exclusively in the US District Court for the Northern Dist | > | By agreeing to arbitrate, you and Meta expressly waive the rights to sue in cour | ||
| > | rict of California or a state court located in San Mateo County, California. You | > | t and trial by jury. Our past, present, and future affiliates and agents, as wel | ||
| > | also agree that you submit to the personal jurisdiction of either of these cour | > | l as any of our successors and assigns, can invoke our rights under this agreeme | ||
| > | ts for the purpose of litigating any such claim, and that the laws of the State | > | nt in the event they become involved in a dispute. | ||
| > | of California will govern these Supplemental Terms and any claim, without regard | ||||
| > | to conflict of law provisions. | ||||
| 95 | |||||
| 96 | 5.6.b. What claims won’t be arbitrated. Instead of using arbitration, you or Met | ||||
| > | a can bring claims in your local “small claims” court, if the rules of that cour | ||||
| > | t will allow it. If you don’t 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. In additio | ||||
| > | n, only a court may decide claims to enforce your or Meta’s intellectual propert | ||||
| > | y rights (like copyrights, patents, trademarks, and trade secrets) or resolve is | ||||
| > | sues relating to the scope and enforceability of the arbitration provision or wh | ||||
| > | ether subsection 5.6.c (requiring individual arbitration), subsection 5.6.d (req | ||||
| > | uiring pre-arbitration notice of disputes), or subsection 5.6.f (regarding coord | ||||
| > | inated arbitrations) have been violated. Moreover, nothing in these Terms will p | ||||
| > | reclude you from bringing issues to the attention of federal, state or local age | ||||
| > | ncies and, if the law allows, they can seek relief from us on your behalf. | ||||
| 97 | |||||
| 98 | 5.6.c. Arbitration on an individual basis. Class actions and class arbitrations | ||||
| > | are not permitted; for example, you may bring a claim only on your own behalf an | ||||
| > | d cannot seek relief that would affect other users of MPT Products. Nor may an a | ||||
| > | rbitrator consolidate arbitrations unless all parties agree. If there is a final | ||||
| > | judicial determination that the limitations of this paragraph are unenforceable | ||||
| > | as to a particular claim or a particular request for relief (such as a request | ||||
| > | for injunctive relief), then that claim or request for relief will be decided by | ||||
| > | a court after all other claims and requests for relief are arbitrated. | ||||
| 99 | |||||
| 100 | 5.6.d. Notice of claims before arbitration. Before you or Meta commence arbitrat | ||||
| > | ion of a claim, the claimant must provide the other party with a written Notice | ||||
| > | of Dispute that includes your username, the claimant’s name and contact informat | ||||
| > | ion, a detailed description of the dispute, the specific relief sought, and the | ||||
| > | claimant’s signature. If you send the Notice, it also must include your residenc | ||||
| > | e address (and mailing address if different), the email address and mobile phone | ||||
| > | number you use with your account, and if you are represented by an attorney, a | ||||
| > | signed statement authorizing Meta to discuss your account and share your confide | ||||
| > | ntial account information with your attorney. Any Notice of Dispute you send to | ||||
| > | Meta should be mailed to Meta Platforms, Inc., ATTN: MPT Arbitration Filing, 1 M | ||||
| > | eta Way, Menlo Park, CA 94025 (“Notice Address”). Before Meta commences arbitrat | ||||
| > | ion, Meta will send you a Notice of Dispute to the email address you use with yo | ||||
| > | ur account or when you access MPT Products or by other appropriate means. If you | ||||
| > | and we are unable to resolve a dispute within 60 days after a fully complete No | ||||
| > | tice of Dispute is received, you or Meta may commence arbitration, but neither p | ||||
| > | arty may commence an arbitration during this 60-day period. If any aspect of the | ||||
| > | requirements in this subsection have not been met, a court can enjoin the filin | ||||
| > | g or prosecution of arbitrations. In addition, unless prohibited by applicable l | ||||
| > | aw, the arbitration provider cannot accept or administer the arbitration, nor as | ||||
| > | sess any fees for such an arbitration. If the arbitration already is pending, it | ||||
| > | must be dismissed. | ||||
| 101 | |||||
| 102 | 5.6.e. How arbitration works. The American Arbitration Association (“ AAA ”) wil | ||||
| > | l administer all arbitrations under its Consumer Arbitration Rules, as modified | ||||
| > | by this arbitration provision. The AAA’s Consumer Arbitration Rules are availabl | ||||
| > | e at https://www.adr.org or by writing to the Notice Address. If the AAA cannot | ||||
| > | or will not administer the arbitration in accordance with this arbitration provi | ||||
| > | sion, another arbitration provider will be selected by the parties or, if there | ||||
| > | is no agreement, by the court. | ||||
| 103 | |||||
| 104 | The arbitrator will conduct hearings, if any, by teleconference or videoconferen | ||||
| > | ce, unless the arbitrator determines that an in-person hearing is appropriate. A | ||||
| > | ny in-person appearances will be held at a location which is reasonably convenie | ||||
| > | nt to both parties with due consideration of their ability to travel. The arbitr | ||||
| > | ator may consider rulings in other arbitrations involving other claimants, but a | ||||
| > | n arbitrator’s ruling will not be binding in proceedings involving different cla | ||||
| > | imants. Except as provided in subsection 18.3, the arbitrator can award the same | ||||
| > | relief that a court can award under applicable law, including sanctions against | ||||
| > | any represented party or counsel permitted under the AAA rules, Federal Rule of | ||||
| > | Civil Procedure 11(b), or other applicable federal or state law. | ||||
| 105 | |||||
| 106 | 5.6.e.1. Costs of arbitration. Meta will pay all AAA or arbitrator fees for any | ||||
| > | arbitration Meta brings. If you are assessed any such fees for any arbitration y | ||||
| > | ou bring, we will pay those fees on your behalf, so long as you have fully compl | ||||
| > | ied with subsections 5.6.c, 5.6.d, and 5.6.g and your claims seek relief valued | ||||
| > | at less than $75,000. In all cases, the arbitrator may reallocate these fees in | ||||
| > | accordance with the AAA’s rules regarding frivolous or improper claims or vexati | ||||
| > | ous litigation. | ||||
| 107 | |||||
| 108 | 5.6.f. Arbitration of coordinated claims. If 25 or more claimants submit similar | ||||
| > | Notices of Dispute or file similar arbitrations and are represented by the same | ||||
| > | or coordinated counsel (regardless of whether the cases are pursued simultaneou | ||||
| > | sly), all of the cases must be resolved in arbitration in staged proceedings. Yo | ||||
| > | u agree to this process even though it might delay the arbitration of your claim | ||||
| > | . In the first stage, claimants’ counsel and Meta will each select up to 25 case | ||||
| > | s (50 cases total) to be filed in arbitration and resolved individually by separ | ||||
| > | ate arbitrators. If feasible, arbitrators will be from the respective claimants’ | ||||
| > | home states. In the meantime, no other cases may be filed in arbitration. Nor m | ||||
| > | ay the AAA accept, administer, or demand payment for fees for other arbitrations | ||||
| > | . After the first stage is completed, the parties will engage in a single mediat | ||||
| > | ion of all remaining cases, and Meta will pay the mediation fee. If the parties | ||||
| > | cannot agree how to resolve any of the remaining cases after the mediation, the | ||||
| > | parties will repeat the process of filing up to 50 cases to be resolved individu | ||||
| > | ally by separate arbitrators, followed by mediation. If any cases remain after t | ||||
| > | he second stage, the process will be repeated until all cases are resolved, with | ||||
| > | four differences. First, a total of 100 cases may be filed in the third and lat | ||||
| > | er stages. Second, the cases will be randomly selected. Third, arbitrators who d | ||||
| > | ecided cases in the first two stages may be appointed in later stages if differe | ||||
| > | nt arbitrators are not available. Fourth, mediation is optional at the election | ||||
| > | of claimants’ counsel. If this subsection applies to a Notice of Dispute, any st | ||||
| > | atute of limitations or contractual limitations period applicable to the listed | ||||
| > | claims and requests for relief will be tolled from the time the first cases are | ||||
| > | selected for bellwether proceedings until the claimant’s Notice of Dispute is se | ||||
| > | lected for a bellwether proceeding, withdrawn, or otherwise resolved. A court wi | ||||
| > | ll have the authority to enforce this subsection, including the power to enjoin | ||||
| > | the filing or prosecution of arbitrations or the assessment or collection of rel | ||||
| > | ated fees. If there is a final judicial determination that the staging process i | ||||
| > | n this subsection is not enforceable, then the cases may be filed in arbitration | ||||
| > | , but the payment of AAA and arbitrator fees will be assessed as arbitrations ad | ||||
| > | vance and arbitrators are appointed rather than when the arbitrations are initia | ||||
| > | ted. | ||||
| 109 | |||||
| 110 | 5.6.g. How to opt out of arbitration. You can opt out of arbitration within 30 d | ||||
| > | ays of the date that you first agreed to these Supplemental Terms (including any | ||||
| > | earlier version). If you have previously agreed to arbitration, then you may op | ||||
| > | t out of any revisions to the arbitration provision within 30 days of receiving | ||||
| > | notice of those revisions, in which case the prior version of the arbitration pr | ||||
| > | ovision shall apply. To opt out, you must send Meta your name, username, residen | ||||
| > | ce address, email address, and phone number you used for your Meta account or wh | ||||
| > | en you access MPT Products, and a statement personally signed by you that you wa | ||||
| > | nt to opt out of this arbitration agreement (or of revisions to it). That inform | ||||
| > | ation must be sent to the following address: Meta Platforms, Inc. ATTN: MPT Arbi | ||||
| > | tration Opt-out, 1 Meta Way, Menlo Park, CA 94025. | ||||
| 111 | |||||
| 112 | 5.6.h. What court will hear claims. For any claim that is not arbitrated or reso | ||||
| > | lved in small claims court, you agree that it will be resolved exclusively in th | ||||
| > | e U.S. District Court for the Northern District of California or a state court l | ||||
| > | ocated in San Mateo County. You also agree to submit to the personal jurisdictio | ||||
| > | n of either of these courts for the purpose of litigating any such claim. | ||||
| 113 | |||||
| 114 | 5.6.i. What law will apply. Whether a dispute is in arbitration or in court, the | ||||
| > | laws of the State of California, to the extent not preempted by or inconsistent | ||||
| > | with federal law, will govern these Terms and any claim, without regard to conf | ||||
| > | lict of law provisions. | ||||
| 110 | 115 | ||||
| 111 | 5.7 Severability and Waiver . | 116 | 5.7 Severability and Waiver . | ||
| n | 112 | If any portion of these Supplemental Terms is found to be unenforceable, the un | n | 117 | If any portion of these Supplemental Terms is found to be unenforceable (includ |
| > | enforceable portion will be deemed amended to the minimum extent necessary to re | > | ing but not limited to the terms of Section 5.6), the unenforceable portion will | ||
| > | nder it enforceable, and if it can’t be made enforceable, then it will be severe | > | be deemed amended to the minimum extent necessary to render it enforceable, and | ||
| > | d and the remaining portion will remain in full force and effect. If we fail to | > | if it can’t be made enforceable, then it will be severed and the remaining port | ||
| > | enforce any of the Supplemental Terms, it will not be considered a waiver. Any a | > | ion will remain in full force and effect. If we fail to enforce any of the Suppl | ||
| > | mendment to or waiver of these Terms must be made in writing and signed by us. | > | emental Terms, it will not be considered a waiver. Any amendment to or waiver of | ||
| > | these Terms must be made in writing and signed by us. | ||||
| 113 | 118 | ||||
| n | 114 | 5.8 Transfer and Trade Compliance . MPT Products are only intended for use in th | n | 119 | 5.8. Governing Law . The laws of the State of California, to the extent not pree |
| > | e countries listed on the “Supported Countries” page of the corresponding MPT Pr | > | mpted by or inconsistent with U.S. federal law, will govern these Supplemental T | ||
| > | oduct. Certain MPT Products’ functionality and services may not be accessible ou | > | erms and any claim, without regard to conflict of law provisions. | ||
| > | tside of, and may vary among and within, the Supported Countries. You will compl | ||||
| > | y with all applicable U.S. and non-U.S. export controls, import controls and tra | ||||
| > | de sanctions laws (“ Trade Laws ”). You will not use or download, allow others t | ||||
| > | o use or download, or otherwise transact with / within MPT Products if you or th | ||||
| > | ey are located in a country or region subject to comprehensive U.S. trade sancti | ||||
| > | ons, if you or they are listed on any U.S. or EU restricted parties list, or for | ||||
| > | any purpose prohibited by Trade Laws. You will not disguise your location throu | ||||
| > | gh IP proxying or other methods to circumvent this restriction. You will not, an | ||||
| > | d will not allow others to, directly or indirectly, export, re-export, provide, | ||||
| > | resell, transfer or otherwise dispose of MPT Products: (a) to any individual, en | ||||
| > | tity, or country or region prohibited by Trade Laws; (b) to anyone on U.S. or EU | ||||
| > | government restricted parties lists; or (c) for any purpose prohibited by Trade | ||||
| > | Laws, including, but not limited to, nuclear, chemical or biological weapons, o | ||||
| > | r missile technology applications. You will not, and will not allow others to, u | ||||
| > | se, distribute or transfer, MPT Products in any manner that violates applicable | ||||
| > | law, including all applicable Trade Laws of the Supported Countries and any othe | ||||
| > | r applicable governmental authority. MPT Products may not be resold, transferred | ||||
| > | or otherwise disposed of in a country subject to comprehensive U.S. trade sanct | ||||
| > | ions or to a person or organization sanctioned by the U.S. and EU government aut | ||||
| > | horities. | ||||
| 115 | 120 | ||||
| n | 116 | 5.9 Termination . These Supplemental Terms are effective until terminated in acc | n | 121 | 5.9. Transfer and Trade Compliance . MPT Products are only intended for use in t |
| > | ordance with the terms and conditions herein, and will terminate when the Meta T | > | he countries listed on the “Supported Countries” page of the corresponding MPT P | ||
| > | erms of Service between you and us are terminated. Upon termination, the provisi | > | roduct. Certain MPT Products’ functionality and services may not be accessible o | ||
| > | ons in Sections 3 and 5.5 - 5.11 of these Supplemental Terms will survive. | > | utside of, and may vary among and within, the Supported Countries. You will comp | ||
| > | ly with all applicable U.S. and non-U.S. export controls, import controls and tr | ||||
| > | ade sanctions laws (“ Trade Laws ”). You will not use or download, allow others | ||||
| > | to use or download, or otherwise transact with / within MPT Products if you or t | ||||
| > | hey are located in a country or region subject to comprehensive U.S. trade sanct | ||||
| > | ions, if you or they are listed on any U.S. or EU restricted parties list, or fo | ||||
| > | r any purpose prohibited by Trade Laws. You will not disguise your location thro | ||||
| > | ugh IP proxying or other methods to circumvent this restriction. You will not, a | ||||
| > | nd will not allow others to, directly or indirectly, export, re-export, provide, | ||||
| > | resell, transfer or otherwise dispose of MPT Products: (a) to any individual, e | ||||
| > | ntity, or country or region prohibited by Trade Laws; (b) to anyone on U.S. or E | ||||
| > | U government restricted parties lists; or (c) for any purpose prohibited by Trad | ||||
| > | e Laws, including, but not limited to, nuclear, chemical or biological weapons, | ||||
| > | or missile technology applications. You will not, and will not allow others to, | ||||
| > | use, distribute or transfer, MPT Products in any manner that violates applicable | ||||
| > | law, including all applicable Trade Laws of the Supported Countries and any oth | ||||
| > | er applicable governmental authority. MPT Products may not be resold, transferre | ||||
| > | d or otherwise disposed of in a country subject to comprehensive U.S. trade sanc | ||||
| > | tions or to a person or organization sanctioned by the U.S. and EU government au | ||||
| > | thorities. | ||||
| 117 | 122 | ||||
| n | 118 | 5.10. Government Rights . The MPT Products, including all related software, tech | n | 123 | 5.10 Termination . These Supplemental Terms are effective until terminated in ac |
| > | nical data and documentation, are “Commercially available off-the-shelf (COTS) i | > | cordance with the terms and conditions herein, and will terminate when the Meta | ||
| > | tems” as defined in Section 2.101 of Title 48 of the U.S. Code of Federal Regula | > | Terms of Service between you and us are terminated. Upon termination, the provis | ||
| > | tions. We provide the MPT Products for public sector end use, including U.S. Gov | > | ions in Sections 3 and 5.5 - 5.12 of these Supplemental Terms will survive. | ||
| > | ernment end use, with the same rights as all other end users pursuant to these S | ||||
| > | upplemental Terms. If a public sector entity, including a U.S. Government entity | ||||
| > | , has a need for any additional rights, it must negotiate directly with Meta to | ||||
| > | determine if the parties can negotiate an acceptable amendment to these Suppleme | ||||
| > | ntal Terms that must be included in any applicable contract or agreement. | ||||
| 119 | 124 | ||||
| n | 120 | 5.11. Product-Specific Terms . The following additional terms apply to the appli | n | 125 | 5.11. Government Rights . The MPT Products, including all related software, tech |
| > | cable MPT Product (Meta VR Products or Worlds), as noted below: | > | nical data and documentation, are “Commercially available off-the-shelf (COTS) i | ||
| > | tems” as defined in Section 2.101 of Title 48 of the U.S. Code of Federal Regula | ||||
| > | tions. We provide the MPT Products for public sector end use, including U.S. Gov | ||||
| > | ernment end use, with the same rights as all other end users pursuant to these S | ||||
| > | upplemental Terms. If a public sector entity, including a U.S. Government entity | ||||
| > | , has a need for any additional rights, it must negotiate directly with Meta to | ||||
| > | determine if the parties can negotiate an acceptable amendment to these Suppleme | ||||
| > | ntal Terms that must be included in any applicable contract or agreement. | ||||
| 121 | 126 | ||||
| n | 122 | 5.11.a. For purposes of Section 3 of these Supplemental Terms, you additionally | n | 127 | 5.12. Product-Specific Terms . The following additional terms apply to the appli |
| > | agree that Meta, its affiliates, and other users of Worlds may interact with, su | > | cable MPT Product (Meta VR Products or Worlds), as noted below: | ||
| > | pplement, manipulate, and modify (in whole or in part) any content you have righ | ||||
| > | ts in, upload to, or create in Worlds. To the fullest extent permitted by law, y | ||||
| > | ou waive and agree to waive, or agree not to exercise, all rights known or refer | ||||
| > | red to as “moral rights,” “artist’s rights,” “droit moral,” or other similar rig | ||||
| > | hts in and to any such content. | ||||
| 123 | 128 | ||||
| n | 124 | 5.11.b. Notwithstanding Section 3.1 of these Supplemental Terms, you acknowledge | n | 129 | 5.12.a. For purposes of Section 3 of these Supplemental Terms, you additionally |
| > | and agree that: (a) content that you create in, modify in, or upload to Worlds | > | agree that Meta, its affiliates, and other users of Worlds may interact with, su | ||
| > | in accordance with these Supplemental Terms may continue to exist on our systems | > | pplement, manipulate, and modify (in whole or in part) any content you have righ | ||
| > | and in Worlds even after you have deleted your account, without prejudice to yo | > | ts in, upload to, or create in Worlds. To the fullest extent permitted by law, y | ||
| > | ur privacy rights as provided in the Meta Privacy Policy; (b) when you delete yo | > | ou waive and agree to waive, or agree not to exercise, all rights known or refer | ||
| > | ur account, others you have invited to build your worlds, if any, may assume man | > | red to as “moral rights,” “artist’s rights,” “droit moral,” or other similar rig | ||
| > | agement of them under certain circumstances; and (c) the license you grant to us | > | hts in and to any such content. | ||
| > | to use your content under these Supplemental Terms, along with consents given i | ||||
| > | n relation to that content, will not expire and will continue even after you del | ||||
| > | ete your account, to the maximum extent permitted by applicable law. | ||||
| 125 | 130 | ||||
| n | n | 131 | 5.12.b. Notwithstanding Section 3.1 of these Supplemental Terms, you acknowledge | ||
| > | and agree that: (a) content that you create in, modify in, or upload to Worlds | ||||
| > | in accordance with these Supplemental Terms may continue to exist on our systems | ||||
| > | and in Worlds even after you have deleted your account; (b) when you delete you | ||||
| > | r account, others you have invited to build your worlds, if any, may assume mana | ||||
| > | gement of them under certain circumstances; and (c) the license you grant to us | ||||
| > | to use your content under these Supplemental Terms, along with consents given in | ||||
| > | relation to that content, will not expire and will continue even after you dele | ||||
| > | te your account. | ||||
| 132 | |||||
| 126 | 5.11.c. When you use Worlds, the last few minutes of your and other users’ most | 133 | 5.12.c. When you use Worlds, your device will record the last few minutes of you | ||
| > | recent audio, video, and other interactions will be recorded in case you want to | > | r and other users’ most recent audio, video, and other interactions will be reco | ||
| > | report anything you've encountered . These recordings may be stored on our serv | > | rded in case you want to report anything you've encountered . These recordings m | ||
| > | ers. We do not review these recordings unless you submit a report . If you don’t | > | ay be stored on our servers. We do not review these recordings unless you submit | ||
| > | submit a report, the recordings will be deleted on a rolling basis. | > | a report . If you don’t submit a report, the recordings will be deleted on a ro | ||
| > | lling basis. These recordings enable you to report abuse, combat harmful conduct | ||||
| > | , and protect and support our community. Other users in close proximity to you i | ||||
| > | n Worlds may submit recordings of the same event. | ||||
| 127 | 134 | ||||
| 128 | If you submit a report, we use the attached recordings to investigate and resolv | 135 | If you submit a report, we use the attached recordings to investigate and resolv | ||
| > | e the report, and to help train our systems to combat harmful conduct, after whi | > | e the report, and to help train our systems to combat harmful conduct, after whi | ||
| > | ch time the recordings are deleted . In some cases, we may need to retain the re | > | ch time the recordings are deleted . In some cases, we may need to retain the re | ||
| > | cordings for longer, where it is necessary in order to comply with applicable la | > | cordings for longer, where it is necessary in order to comply with applicable la | ||
| > | w. | > | w. | ||
| 129 | 136 | ||||
| 130 | In addition, we may use safety specialists to investigate abuse reports in real | 137 | In addition, we may use safety specialists to investigate abuse reports in real | ||
| > | time. If safety specialists are called to your location within Worlds, they can | > | time. If safety specialists are called to your location within Worlds, they can | ||
| > | see, hear, and record your interactions in real time. You may not be able to det | > | see, hear, and record your interactions in real time. You may not be able to det | ||
| > | ect when a safety specialist is present in your location within Worlds. | > | ect when a safety specialist is present in your location within Worlds. | ||
| 131 | 138 | ||||
| n | 132 | 5.11.d. You may not create currencies, stocks, banks, stock exchanges, or simila | n | 139 | 5.12.d. You may not create currencies, stocks, banks, stock exchanges, or simila |
| > | r financial instruments in Worlds. Meta may choose to make available to users co | > | r financial instruments in Worlds. | ||
| > | pyrighted sound recordings and the musical works embodied in the sound recording | ||||
| > | s (“ Licensed Music ”) in connection with features of Worlds. If Meta makes Lice | ||||
| > | nsed Music available to you, Meta grants you permission to use Licensed Music so | ||||
| > | lely for creating content in Worlds. This permission is in the form of a non-exc | ||||
| > | lusive, non-sublicensable, personal, limited, revocable, non-transferable licens | ||||
| > | e to (i) synchronize the Licensed Music into content in Worlds during the period | ||||
| > | of time that the Licensed Music is made available through Worlds, and (ii) play | ||||
| > | , listen, and interact with content containing Licensed Music solely through Wor | ||||
| > | lds. If you modify, edit, sample, or remix any of the Licensed Music within cont | ||||
| > | ent in Worlds, any new or derivative works created will also be Licensed Music a | ||||
| > | nd Meta will retain the rights to those works. To the extent permitted by applic | ||||
| > | able law, you hereby assign and shall assign your rights in those new or derivat | ||||
| > | ive works of Licensed Music to Meta, and agree not to make any claim based on mo | ||||
| > | ral rights, but you may use those new or derivative works of Licensed Music subj | ||||
| > | ect to the limited license above. For clarity, this license does not permit you | ||||
| > | to sell, license, sub-license, or rent Licensed Music or any new derivative work | ||||
| > | s you or others create from the Licensed Music. | ||||
| 133 | 140 | ||||
| n | 134 | 5.12. Other Terms and Policies that may apply. | n | 141 | 5.12.e. Meta may choose to make available to users copyrighted sound recordings |
| > | and the musical works embodied in the sound recordings (“ Licensed Music ”) in c | ||||
| > | onnection with features of Worlds. If Meta makes Licensed Music available to you | ||||
| > | , Meta grants you permission to use Licensed Music solely for creating content i | ||||
| > | n Worlds. This permission is in the form of a non-exclusive, non-sublicensable, | ||||
| > | personal, limited, revocable, non-transferable license to (i) synchronize the Li | ||||
| > | censed Music into content in Worlds during the period of time that the Licensed | ||||
| > | Music is made available through Worlds, and (ii) play, listen, and interact with | ||||
| > | content containing Licensed Music solely through Worlds. If you modify, edit, s | ||||
| > | ample, or remix any of the Licensed Music within content in Worlds, any new or d | ||||
| > | erivative works created will also be Licensed Music and Meta will retain the rig | ||||
| > | hts to those works. To the extent permitted by applicable law, you hereby assign | ||||
| > | and shall assign your rights in those new or derivative works of Licensed Music | ||||
| > | to Meta, and agree not to make any claim based on moral rights, but you may use | ||||
| > | those new or derivative works of Licensed Music subject to the limited license | ||||
| > | above. For clarity, this license does not permit you to sell, license, sub-licen | ||||
| > | se, or rent Licensed Music or any new derivative works you or others create from | ||||
| > | the Licensed Music. | ||||
| 135 | 142 | ||||
| n | 136 | 5.12.a. Meta Horizon Store Terms : These terms apply to any order, download, or | n | 143 | 5.13. Other Terms and Policies that may apply. |
| > | purchase made through the MPT Products (including free software and content). | ||||
| 137 | 144 | ||||
| n | 138 | 5.12.b. MPT Commercial Terms : These terms apply to use of MPT Products for any | n | 145 | 5.13.a. Meta Horizon Store Terms : These terms apply to any order, download, or |
| > | commercial, business, or other non-personal purpose. | > | purchase made through the MPT Products (including free software and content). | ||
| 139 | 146 | ||||
| n | 140 | 5.12.c. Code of Conduct for Virtual Experiences and Platform Abuse Policy : Thes | n | 147 | 5.13.b. MPT Commercial Terms : These terms apply to use of MPT Products for any |
| > | e policies apply to you if you access or use MPT Products. | > | commercial, business, or other non-personal purpose. | ||
| 141 | 148 | ||||
| n | 142 | 5.12.d. Health and Safety Warnings : These warnings, information, and instructio | n | 149 | 5.13.c. Code of Conduct for Virtual Experiences and Platform Abuse Policy : Thes |
| > | ns apply to you if you access or use MPT Products. | > | e policies apply to you if you access or use MPT Products. | ||
| 143 | 150 | ||||
| n | 144 | 5.12.e. Meta Avatars Terms of Service : These terms apply to your use of Meta Av | n | 151 | 5.13.d. Health and Safety Warnings : These warnings, information, and instructio |
| > | atars, Avatar Tools, Meta Avatar Stores and Avatar Items as defined therein. | > | ns apply to you if you access or use MPT Products. | ||
| 145 | 152 | ||||
| n | 146 | 5.12.f. If you use any MPT Product pursuant to a product testing agreement, beta | n | 153 | 5.13.e. Meta Avatars Terms of Service : These terms apply to your use of Meta Av |
| > | testing agreement, or similar agreement (a “ Product Testing Agreement ”), in t | > | atars, Avatar Tools, Meta Avatar Stores and Avatar Items as defined therein. | ||
| > | he event of a conflict between such Product Testing Agreement and these Suppleme | ||||
| > | ntal Terms, the Product Testing Agreement shall govern to the extent of the conf | ||||
| > | lict. | ||||
| 147 | 154 | ||||
| t | t | 155 | 5.13.f. If you use any MPT Product pursuant to a product testing agreement, beta | ||
| > | testing agreement, or similar agreement (a “ Product Testing Agreement ”), in t | ||||
| > | he event of a conflict between such Product Testing Agreement and these Suppleme | ||||
| > | ntal Terms, the Product Testing Agreement shall govern to the extent of the conf | ||||
| > | lict. | ||||
| 156 | |||||
| 148 | 5.12.g. If you use any MPT Products in your capacity as a developer of software | 157 | 5.13.g. If you use any MPT Products in your capacity as a developer of software | ||
| > | or content for use on the MPT Products pursuant to a developer agreement, in the | > | or content for use on the MPT Products pursuant to a developer agreement, in the | ||
| > | event of a conflict between such developer agreement and these Supplemental Ter | > | event of a conflict between such developer agreement and these Supplemental Ter | ||
| > | ms, the developer agreement shall govern to the extent of the conflict. | > | ms, the developer agreement shall govern to the extent of the conflict. | ||