Your use of a Portal-branded device (“your Portal”) is governed by the Facebook Terms of Service (located at facebook.com/terms/) and Facebook Data Policy (located at facebook.com/policy/). In addition, your use of your Portal is governed by these Supplemental Portal Terms of Service (“Portal Terms”), which supplement the Facebook Terms of Service, and are also an agreement between you and Facebook, Inc. (“Facebook” or “we” or “us” or “our”). We also have a Supplemental Portal Data Policy (located at portal.facebook.com/legal/data-policy/), which supplements the Facebook Data Policy and explains additional ways in which 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 and the Supplemental Portal Data Policy.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE PORTAL TERMS, YOUR PORTAL, OR RELATED SERVICES WILL 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 ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
Your responsibility for your use of the device. Each user, including you, who logs into your Portal using the user’s Facebook account credentials is referred to in these Portal Terms as an “Owner” of your Portal. 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 any consents required under privacy laws in recording others.
Your responsibility for other users of the device. 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 and policies imposed by the third party. We assume no obligations 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 at any time and without notice. If you use a Third-Party Service, you understand that we may install upgrades, updates and additional features for the Third-Party Service. We have no liability for any information that you provide or authorize us to provide to a provider of a Third-Party Service, or for such third party’s collection, use and disclosure of such information. Also, if you are removed as an Owner from 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 action is taken to terminate access to that service.
Your Portal’s functionality, performance, or both may change over time. We may introduce new features, impose limits on or eliminate certain features, suspend or discontinue any part of your Portal’s services, or restrict access to parts or all of your Portal. We may automatically download and install software updates to your Portal when a new version or feature is available. By using your Portal, you agree to such automatic updating.
If you violate any terms applicable to your Portal, including the Facebook Terms of Service, the Portal Terms, or terms between you and third parties providing services through Portal, or if Facebook suspends or disables your Facebook 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. Facebook and its affiliates assume no liability for such loss of access and use and will have no obligations related to such loss.
NO ACCESS TO EMERGENCY SERVICES: There are important differences between 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. Unless otherwise required by law, we will notify you before we make changes to these Portal Terms and give you an opportunity to review them before they go into effect. Once any updated Portal Terms are in effect, you will be bound by them if you continue to use your Portal. If you do not agree to the updated Portal Terms, you must stop using your Portal.
DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE OF THE SOFTWARE AND SERVICES ACCESSED THROUGH YOUR PORTAL IS AT YOUR SOLE RISK. WE HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, ANY THIRD-PARTY SERVICES.
WE HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY DIMINISHED VALUE OR FUNCTIONALITY OF YOUR PORTAL RESULTING FROM YOUR, ANOTHER OWNER’S OR NON-OWNERS’ (AUTHORIZED OR UNAUTHORIZED) MISUSE OF YOUR PORTAL OR FROM OUR EXERCISE OF OUR RIGHTS UNDER, OR YOUR VIOLATION(S) OR BREACH(ES) OF, THE FACEBOOK TERMS OF SERVICE (AS SUPPLEMENTED BY THESE PORTAL TERMS) OR ANY OTHER TERMS APPLICABLE TO YOUR PORTAL AND ANY SERVICES ACCESSED THROUGH YOUR PORTAL.
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 REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.
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 abridge or expand the scope of that Limited Warranty.
You agree to defend (at our request), indemnify and hold us (Facebook and its affiliates) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with (a) any actual or alleged breach of the Facebook Terms of Service (as supplemented by these Portal Terms) by you, and (b) any use of your Portal in violation of applicable law, or any distribution, transfer, or export of your Portal, by you and any other user of your Portal.
PLEASE READ THIS SECTION 6 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 6 REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) WITH US ARISING OUT OF OR RELATED TO THESE PORTAL TERMS, YOUR PORTAL OR RELATED SERVICES, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Portal Terms, your Portal or related services (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your or our own behalf and cannot seek relief that would affect other users of Portal-branded devices. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this Section 6, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this Section 6.
Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court 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. The American Arbitration Association (“AAA”) will administer all arbitrations under its Consumer Arbitration Rules, as amended by these Portal Terms. YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in the Facebook Terms of Service as supplemented by these Portal Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. Disputes related to intellectual property (like copyrights, patents, trademarks, and trade secrets) are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Portal Terms. To opt out, you must send your name, residence address, and email address used for your Facebook account, and a clear statement that you want to opt out of this arbitration provision, and you must send them here: Facebook, Inc. ATTN: Portal Arbitration Opt-out, 1601 Willow Road, Menlo Park, CA 94025.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, and email address you use for your Facebook account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Facebook, Inc., ATTN: Portal Arbitration Filing, 1601 Willow Road, Menlo Park, CA 94025. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Facebook account, or other appropriate means. If we are unable to resolve a dispute within 30 days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with AAA’s applicable rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Portal Terms and any claim, without regard to conflict of law provisions.
Portal-branded devices are only intended for use in the United States and are not intended to subject us to any non-U.S. jurisdiction or law. Certain device functionality and services may not be accessible outside of the United States. You will not use, or allow others to use, your Portal if you or they (a) are identified on the Office of Foreign Assets Control’s Specially Designated Nationals List, (b) are placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) are using IP proxying or other methods to disguise the location of your Portal, (d) are located in a country subject to comprehensive U.S. trade sanctions, (e) are prohibited by applicable law from doing so, or (f) have had your or their right to use Facebook or your Portal suspended or disabled. 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 and any other applicable governmental authority. Your Portal may not be resold, transferred or otherwise disposed of in a country subject to U.S. embargo or to a person or organization sanctioned by the U.S. government without obtaining required approvals from the U.S. government.
These Portal Terms will terminate when the Facebook Terms of Service between you and us is terminated. Upon termination, any of our obligations hereunder will terminate; however, all disclaimers, limits of liability, indemnification obligations, dispute resolution provisions, the general provisions under Sections 7-10, and any right or obligation in these Portal Terms which, by its express terms or nature and context is intended to survive termination of these Portal Terms, will survive any such termination hereof.
If you use a Portal device pursuant to a product testing agreement, beta testing agreement, or similar agreement (a “Product Testing Agreement”), in the event of a conflict between such Product Testing Agreement, on one hand, and these Portal Terms, the Facebook Terms of Service, or the Supplemental Portal Data Policy, on the other hand, the Product Testing Agreement shall govern to the extent of the conflict. Nothing in these Portal Terms limits any of our rights under the Facebook Terms of Service or any additional terms that they reference.
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 (located at portal.facebook.com/policies/) 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: November 2, 2018