Supplemental Facebook View Terms of Service
Supplemental Facebook View Terms of Service
Effective Date: September 9, 2021
Facebook Inc. ("Facebook" or "we" or "us" or "our") allows you to interact with your environment in new and innovative ways through smart glasses (the “Glasses”) and a companion mobile app (the “App”) to provide an array of services and features. Your use of the software on the Glasses, the App, and their related services and features (together, “Facebook View”) is governed by both the Facebook Terms of Service (available at facebook.com/terms/) and these Supplemental Facebook View Terms of Service (these “Facebook View Terms,” and together with the Facebook Terms of Service, the “Terms”), which together form an agreement between you and Facebook. The term “Facebook Products” as used in our terms and policies includes Facebook View. By using Facebook View, you agree to the Terms.
Our Supplemental Facebook View Data Policy (available at www.facebook.com/help/ray-ban-stories/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 Facebook View.
Facebook View is intended solely for users who are 13 or older. Any registration for, or use of, Facebook View by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Facebook View Terms. You certify that you are of the legal age of majority in the jurisdiction in which you reside or, if you are between the ages of 13 and the legal age of majority, that you are using Facebook View with the supervision of your parent or legal guardian who agrees to be bound by the Terms, and that you have reviewed the Terms with your parent or guardian so that you both understand all of your rights and obligations.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES ARISING OUT OF OR RELATED TO THESE FACEBOOK VIEW TERMS OR YOUR USE OF FACEBOOK VIEW 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 STATED BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
- Your Commitments to Facebook and Our Community
- Your responsibility for your use of Facebook View. You are responsible for complying with all applicable laws when using Facebook View, and for providing any notice or obtaining any consents, as required under privacy, data protection, or other applicable laws, from other individuals who use your Facebook View or interact with you while you are using Facebook View. You are also responsible for using Facebook View in a safe, lawful, and respectful manner. You may not tamper with the Glasses, or otherwise obscure or modify any of the features on the Glasses that signal to others that the Glasses are recording (including the external-facing LED light). Facebook View is intended for purely personal or household use. You may only use Facebook View for personal non-commercial purposes subject to the Terms and any other terms made available by us relating to Facebook View. 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 Facebook View. Except to the extent expressly permitted by us, you will not prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Facebook View or any software, content, or services made available on or through Facebook View.
- Your responsibility for other users of your Facebook View. Each person, including you, who uses any portion of your Facebook View is referred to in these Facebook View Terms as a user of such Facebook View. You are responsible for the activities of all users of your Facebook View, and for their compliance with the Terms.
- The Permissions You Give Us
- Permission to use content you create and share. We need certain permissions from you to provide Facebook View. For the avoidance of doubt, the license granted in Section 3.1 of the Facebook Terms of Service includes content that you share, post, or upload on or in connection with Facebook View (consistent with applicable settings). This means, for example, that if you share, post, or upload videos using Facebook View, you give us permission to store, copy, and share them with other Facebook Company Products or service providers that support those Facebook Company Products. This license is solely for the purposes of providing and improving Facebook Company Products (including Facebook View), including as described in Section 1 of the Facebook Terms of Service and in these Facebook View Terms and will end when your content is deleted from our systems (as described in more detail in Section 3.1 of the Facebook Terms of Service).
- Permission to update software you use or download. As stated in Section 3.3 of the Facebook Terms of Service, if you download or use our software, you give us permission to download and install updates to the software where available. For clarity, this right includes permission to download and install updates to software embedded on your Glasses, including during setup.
- Additional Provisions
- Content and Software License. Except as otherwise agreed upon, if we enable the use of software, content or other materials owned or licensed by us in Facebook View or otherwise ("Software and Content"), we hereby grant you a limited, nonexclusive, non-sublicensable license to use the Software and Content solely for personal and noncommercial purposes, solely on the hardware for which it was intended, and conditioned on your compliance with the Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by us or as permitted under applicable law. Any unauthorized use of the Software and Content and Facebook View is strictly prohibited and will terminate the license granted in the Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
- Functionality may change or be limited. To access and use certain features of Facebook View, a Facebook account is required, eligibility for which is stated in Section 3.1 of the Facebook Terms of Service. Facebook View’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 Facebook View, or restrict access to parts or all of any Facebook View products or services. We may offer limited versions of Facebook View. These versions may have limited features, restrict the permitted time of use and contain other limitations.
- Account suspension or termination. In addition to what is stated in Section 4.2 of the Facebook Terms of Service, your access to or use of Facebook View 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 Facebook View, if: (1) we determine you have breached the Terms, Community Standards (also known as the Facebook Rules), or other terms and policies that apply to your use of Facebook View; (2) we believe your access to, or use of, Facebook View creates a health and safety risk; or (3) Facebook disables or deletes your Facebook account. Furthermore, we may suspend or disable your access to or use of Facebook View if you repeatedly infringe other people's intellectual property rights or if we are required to do so for legal reasons. Facebook and its affiliates assume no liability for such loss of access and use and will have no obligations related to such loss. If you terminate or we disable or terminate your access to or use of Facebook View, these Facebook View Terms shall terminate as an agreement between you and us, but certain sections will survive termination as provided in Section 3(j) below.
- Updates to these Facebook View Terms. These Facebook View Terms may be updated 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 Facebook View Terms and give you an opportunity to review the updated Facebook View Terms before they go into effect. We hope that you will continue using Facebook View, but if you do not agree to our updated Facebook View Terms, you must cease use of Facebook View. Your continued use of Facebook View after the effective date of the updated Facebook View Terms constitutes your acceptance of those terms.
- Third-Party Fees and Costs. You are responsible for the fees, costs, and other charges, such as internet usage or utilities fees, associated with the use of Facebook View.
- DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION.
- We work hard to provide the best products and services we can and to specify clear guidelines for everyone who uses them. Facebook View, however, is provided "as is," and we make no representations or guarantees that it always will be safe, secure, or error-free, failsafe, or that it will function without disruptions, delays, or imperfections. We also do not control or direct what people and others do or say, and we are not responsible for the actions or conduct of others you may encounter using Facebook View or any content they may share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF FACEBOOK VIEW IS AT YOUR SOLE RISK. No oral or written information, guidelines or advice given by Facebook will create a warranty. To the maximum extent permitted by law, we DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ORAL OR WRITTEN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING FACEBOOK VIEW, WHICH ARE AVAILABLE AT www.facebook.com/help/ray-ban-stories/safety TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT, AND PROPERTY DAMAGE, PLEASE ENSURE THAT ALL USERS OF YOUR GLASSES OR FACEBOOK VIEW READ THE WARNINGS AND INSTRUCTIONS PROVIDED AT THE LINK ABOVE CAREFULLY BEFORE USING EITHER.
- WARNING: FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY IMPAIR OR BREAK THE GLASSES AND RESULT IN DAMAGE TO FACEBOOK VIEW, YOUR GLASSES, OR THE DEVICE YOU ARE USING FACEBOOK VIEW WITH, AND MAY INCREASE THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING FACEBOOK VIEW, 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.
- Our liability shall be limited to the fullest extent permissible under applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to the Terms or the Facebook Products, including Facebook View, even if we have been advised of the possibility of such damages.
- Our aggregate liability arising out of or relating to these Facebook View Terms or Facebook View will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
- THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU.
- You agree to defend (at our request), indemnify and hold harmless Facebook and its affiliates, and their independent contractors and service providers, and each of their respective directors, officers, employees and agents (collectively, "Facebook Parties") from and against all claims, liabilities, damages, losses, and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of or in any way connected with (a) your purchase or use of, or inability to use, Facebook View; (b) your violation of the Terms or any other applicable terms, policies, warnings or instructions provided by Facebook or a third party in relation to Facebook View; (c) your violation of any applicable law or any rights of any third party; or (d) any content you provide, upload, or transmit via Facebook View.
- DISPUTE RESOLUTION
- Governing Law. The laws of the State of California, to the extent not preempted by or inconsistent with U.S. federal law, will govern these Facebook View Terms and any claim, without regard to conflict of law provisions.
- Transfer and Trade Compliance. Facebook View is only intended for use in the Supported Countries (listed at http://www.facebook.com/help/ray-ban-stories/supported-countries). Certain functionality and services may not be accessible outside of, and may vary among and within, the Supported Countries. You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not use or download Facebook View if you are located in a country or region subject to comprehensive U.S. trade sanctions, if you are listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods. You will not, directly or indirectly, export, re-export, provide, resell, transfer or otherwise dispose of Facebook View: (a) to any individual, entity, or country or region prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology applications without the required government authorizations. You will not, and will not allow others to, use, distribute or transfer, Facebook View in any manner that violates applicable law, including all applicable export control and trade sanctions laws of the Supported Countries and any other applicable governmental authority. Facebook View may not be resold, transferred or otherwise disposed of in a country subject to U.S. embargo or to a person or organization sanctioned by the U.S. government without obtaining required approvals from the U.S. government.
- Termination. These Facebook View Terms are effective until terminated or will terminate when the Facebook Terms of Service between you and us is terminated. Upon termination, these Facebook View Terms shall terminate as an agreement between you and us, but the provisions in Sections 2(a) and 3(c)-(l) of these Facebook View Terms will survive and remain in place.
- Government rights. Facebook View, including all related software, technical data and documentation, is a "Commercially available off-the-shelf (COTS) item" as defined in Section 2.101 of Title 48 of the U.S. Code of Federal Regulations. We provide Facebook View for public sector end use, including U.S. Government end use, with the same rights as all other end users pursuant to the Terms. If a public sector entity, including a U.S. Government entity, has a need for any additional rights, it must negotiate directly with Facebook to determine if the parties can negotiate an acceptable amendment to the Terms that must be included in any applicable contract or agreement.
- Other Terms
- The Facebook Terms of Service, these Facebook View Terms, and all other applicable terms (including, if applicable, a Product Testing Agreement, as defined below) make up the entire agreement between you and Facebook regarding your use of Facebook View (except to the extent that we expressly state that separate terms – and not these – apply) and supersede any prior agreements regarding your use of Facebook View.
- If you use Facebook View 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 and the Terms, the Product Testing Agreement shall govern to the extent of the conflict.
- The Terms govern personal and non-commercial uses of Facebook View. We may permit certain limited commercial or business uses of Facebook View under the Terms pursuant to and solely as stated in separate Facebook View Commercial Terms and any other applicable terms referenced therein. By using Facebook View for such commercial or business uses under the Terms, you agree to the Facebook View Commercial Terms.
- For the avoidance of doubt, the provisions stated in Section 4.5 of the Facebook Terms of Service also apply to these Facebook View Terms. Facebook may at any time assign, transfer, or subcontract all or any of its rights or obligations under these Facebook View Terms. Nothing in these Facebook View Terms limits any of our rights under the Facebook Terms of Service or any additional terms that they reference.
PLEASE READ THIS SECTION 3(g) CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 3(g) REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) ARISING OUT OF OR RELATED TO THESE FACEBOOK VIEW TERMS OR FACEBOOK VIEW, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
In the event that you have any dispute with us that is connected to these Facebook View Terms or use of Facebook View, you may contact us in writing (as explained below) and we will endeavor to resolve this dispute. Except as provided below, you and Facebook agree that any cause of action, legal claim, or dispute arising out of or related to these Facebook View Terms or Facebook View ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other users of Facebook View. 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 3(g), then only that claim (or only that request for relief) may be severed and brought in court. All other claims (or requests for relief) remain subject to this Section 3(g).
Instead of using arbitration, you can bring claims in your local “small claims” court, if the rules of that court will allow it. If you 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 Facebook View Terms. YOU EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. 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. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. Notwithstanding any of the foregoing, nothing in the Facebook Terms of Service as supplemented by these Facebook View Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. Disputes related to: (i) intellectual property rights (like copyrights, patents, trademarks, and trade secrets), or (ii) efforts to interfere with Facebook View or engage with Facebook View in unauthorized ways are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions are for a court to decide, in the jurisdictions specified below.
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 any version of these Facebook View 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: Facebook View 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: Facebook View 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 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 or an appeal thereof or not subject to arbitration, 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.
For avoidance of doubt, if any portion of these Facebook View 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 Facebook View Terms, it will not be considered a waiver.