Your use of a Portal-branded device (“Portal”) is governed by both the Facebook Terms of Service (located at facebook.com/terms/) and these Supplemental Portal Terms of Service (“Portal Terms”), which together form an agreement between you and Facebook Ireland Limited (“Facebook” or “we” or “us” or “our”). Our Supplemental Portal Data Policy (located at portal.facebook.com/legal/data-policy/) supplements the Facebook Data Policy (located at facebook.com/policy/) which together explain how we collect, use, and share information when you use your Portal. The term “Facebook Products” as used in our terms and policies includes your Portal. By using your Portal, you agree to these Portal Terms, including the Facebook Terms of Service, which each form part of the agreement between you and Facebook. We will process your personal data as necessary to provide the services described in these Portal Terms and the Facebook Terms of Service (including, for example, processing your contacts to make calls and your voice information to allow voice commands). Certain Third-Party Services (as defined below) are also available on Portal. Your use of these services may be subject to the terms, conditions and policies governing those Third-Party Services (see below for further details).
Your responsibility for your use of the device. You may only use your Portal for personal and non-commercial use, and subject to these Portal Terms and any other terms made available by us relating to Portal-branded devices. 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, your Portal or any software or services made available on or through your Portal, including Third-Party Services (as defined below). You are also responsible for complying with all applicable laws when using your Portal, including providing any notice or obtaining any consents, including to the extent required under privacy or data protection laws.
Your responsibility for other users of the device. Each user, including you, who logs into your Portal is referred to in these Portal Terms as an “Owner” of your Portal. You are responsible for the activities of all users of your Portal, including other Owners and non-Owners, and for their compliance with these Portal Terms.
Your responsibility for use of third-party software, services, and content on the device. Your Portal can be used to access certain 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”). As 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. The features, functionality, or availability of a Third-Party Service may change or be discontinued, in accordance with these Portal Terms or the applicable Third-Party Terms. If you use a Third-Party Service, you understand and agree that we may install upgrades, updates and additional features for the Third-Party Service. Also, if you are removed as an Owner from your Portal and you had connected the Portal to a Third-Party Service, your Portal 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 your Portal (e.g. by changing the applicable account settings for the relevant Third-Party Service).
Your Portal’s functionality, performance, or both may change over time. We may introduce new features, impose limits on, suspend, eliminate, change, or update certain existing features or any part of your Portal’s services, or restrict access to parts or all of your Portal. Any obligation we have to make such features and functionality available to you is therefore subject to the ongoing availability of that particular feature and functionality on Portal. Certain Portal features may require a Facebook account. If you download or use our software, you give us permission to download and install updates to the software where available.
If we determine that you have breached the terms or policies applicable to your Portal, including the Facebook Terms of Service, the Portal Terms, or Third-Party Terms, or if Facebook suspends or disables your account, your access to or use of your Portal may be suspended or disabled, and you may lose access to or use of part or all of the services offered by Facebook or third parties through your Portal.
NO ACCESS TO EMERGENCY SERVICES: There are important differences between your Portal and your mobile or fixed-line telephone service. Your Portal 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.
We work constantly to improve our services and develop new features to make our Facebook Products better for you and our community. As a result, we may need to update these Portal Terms from time to time to accurately reflect our services and practices. We will only make any changes if the provisions are no longer appropriate or if they are incomplete and only if the changes are reasonable and take due account of your interests. We will notify you (for example, by email or through Portal) at least 30 days before we make changes to these Portal Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Portal Terms are in effect, you will be bound by them if you continue to use your Portal.
Disclaimers and limitations of liability.
To the maximum extent permitted by applicable law your Portal is provided “as is” and without warranty of any kind, and Facebook hereby disclaims all warranties and conditions with respect to your Portal, either express, implied or statutory. Facebook does not warrant or guarantee that the functionality or content of your Portal or any Third-Party Services will be accurate, reliable, always available or complete. You may also encounter content through your Portal that you find offensive or indecent. Facebook shall not be liable (whether in contract, tort, statute or otherwise) for such content.
Nothing in these terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.
We will exercise professional diligence in providing our Products and services to you and in working to keep a safe, secure and error-free environment. Provided that we have reasonably acted with professional diligence, we will not accept responsibility or liability (whether in contract, tort or otherwise) for any losses: (i) not caused by our breach of these terms or otherwise by our acts; (ii) losses that are not reasonably foreseeable by you and us at the time of entering into these terms; and (iii) arising out of or in connection with events that are beyond our reasonable control.
THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING YOUR PORTAL, WHICH ARE AVAILABLE AT PORTAL.FACEBOOK.COM/LEGAL/SAFETY/.
WARNING: FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO YOUR PORTAL, ACCESSORIES OR ANY CONNECTED DEVICES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING YOUR PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.
Portal devices are covered by a Limited Warranty (located at portal.facebook.com/warranty/) offered by Facebook Technologies, LLC. Nothing in these Portal Terms between you and Facebook is intended to either abridge or expand the scope of that Limited Warranty.
In the event that you have any dispute with us that is connected to these Portal Terms, you may contact us at email@example.com and we will endeavor to resolve this dispute. If you are not happy with how we resolve this dispute or you do not want to engage directly with us in relation to it, you are informed that an alternative dispute resolution procedure is offered by the European Commission through the platform for Online Dispute Resolution available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
These Portal Terms and any other non-contractual dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the section of the Facebook Terms of Service, which governs ‘Disputes’. For avoidance of doubt, if any portion of these Portal Terms is found to be unenforceable (including but not limited to the Terms of this Section), the remaining portion will remain in full force and effect. If we fail to enforce any of the Portal Terms, it will not be considered a waiver.
Portal-branded devices are only intended for use in the Supported Countries. Certain device functionality and services may not be accessible outside of the Supported Countries. You will not, and will not allow others to, use, distribute or transfer, your Portal in any manner that violates applicable law, including all applicable export control and trade sanctions laws of the United States, the European Union, Member States of the European Union and any other applicable governmental authority. Your Portal may not be resold, transferred or otherwise disposed of in a country subject to an embargo imposed by, or to a person or organization sanctioned by, the United States, the European Union or a European Union Member State without obtaining required approvals.
These Portal Terms are effective until terminated, and will terminate when the Facebook Terms of Service between you and us is terminated. Upon termination, these Terms shall terminate as an agreement between you and us, but the provisions in Sections 5-9 will remain in place.
These Portal Terms govern personal and non-commercial uses of your Portal. We may permit certain limited commercial or business uses of Portal-branded devices pursuant to and solely as set forth in separate Portal Commercial Terms and any other applicable terms referenced therein. By using your Portal for such commercial or business uses, you agree to the Portal Commercial Terms.
Date of Last Revision: September 18, 2019
“Hey Portal” voice command availability varies. Learn more. Screen images simulated. User experience may vary. Requires wireless Internet connection and Facebook or WhatsApp account. WhatsApp is not available on tablets. Features, functionality and content vary and may not be available on all Portal models or in all areas and languages. Some features may require a Facebook account and downloading the Portal mobile app. Additional account registration, terms and fees may apply.
*Represents savings off regular, non-promotional prices. Both products must be purchased on same receipt to qualify. Valid on qualifying purchases at portal.facebook.com. Not valid on prior purchases and non-transferable. Not valid for cash or cash equivalent. Valid on in-stock products only. Offer may be cancelled or modified at any time without notice. Void where prohibited.
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