DiTirro v. Facebook, Inc.

Filing 20

MOTION to Dismiss First Amended Complaint; Memorandum of Points and Authorities filed by Facebook, Inc.. Motion Hearing set for 6/11/2014 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 4/29/2014. Replies due by 5/6/2014. (Attachments: # 1 Declaration of Sandeep N. Solanki, # 2 Exhibit A to Declaration of Sandeep N. Solanki, # 3 Exhibit B to Declaration of Sandeep N. Solanki, # 4 Exhibit C to Declaration of Sandeep N. Solanki, # 5 Exhibit D to Declaration of Sandeep N. Solanki, # 6 Proposed Order Granting Motion to Dismiss First Amended Complaint)(Gutkin, Jeffrey) (Filed on 4/15/2014)

EXHIBIT B

Terms of Use
Date of Last Revision: September 23, 2008
Welcome to Facebook, a social utility that connects you with the people around you.
The Facebook service and network (collectively, "Facebook" or "the Service") are
operated by Facebook, Inc. and its corporate affiliates (collectively, "us", "we" or
"the Company"). By accessing or using our web site at www.facebook.com or the
mobile version thereof (together the "Site") or by posting a Share Button on your
site, you (the "User") signify that you have read, understand and agree to be bound
by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a
registered member of Facebook. We reserve the right, at our sole discretion, to
change, modify, add, or delete portions of these Terms of Use at any time without
further notice. If we do this, we will post the changes to these Terms of Use on this
page and will indicate at the top of this page the date these terms were last revised.
Your continued use of the Service or the Site after any such changes constitutes your
acceptance of the new Terms of Use. If you do not agree to abide by these or any
future Terms of Use, do not use or access (or continue to use or access) the Service
or the Site. It is your responsibility to regularly check the Site to determine if there
have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for
users who are thirteen (13) years of age or older, and users of the Site under 18 who
are currently in high school or college. Any registration by, use of or access to the
Site by anyone under 13, or by anyone who is under 18 and not in high school or
college, is unauthorized, unlicensed and in violation of these Terms of Use. By using
the Service or the Site, you represent and warrant that you are 13 or older and in
high school or college, or else that you are 18 or older, and that you agree to and to
abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site ("Registration Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to Company, to keep it accurate, current and
complete; and (d) be fully responsible for all use of your account and for any actions
that take place using your account.

Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text,
graphics, pictures, video, information, applications, software, music, sound and
other files, and their selection and arrangement (the "Site Content"), are the
proprietary property of the Company, its users or its licensors with all rights
reserved. No Site Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, scraped, displayed, posted, transmitted, or sold in any
form or by any means, in whole or in part, without the Company's prior written
permission, except that the foregoing does not apply to your own User Content (as
defined below) that you legally post on the Site. Provided that you are eligible for
use of the Site, you are granted a limited license to access and use the Site and the
Site Content and to download or print a copy of any portion of the Site Content to
which you have properly gained access solely for your personal, non-commercial
use, provided that you keep all copyright or other proprietary notices intact. Except
for your own User Content, you may not upload or republish Site Content on any
Internet, Intranet or Extranet site or incorporate the information in any other
database or compilation, and any other use of the Site Content is strictly prohibited.
Such license is subject to these Terms of Use and does not permit use of any data
mining, robots, scraping or similar data gathering or extraction methods. Any use of
the Site or the Site Content other than as specifically authorized herein, without the
prior written permission of Company, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws
including copyright and trademark laws and applicable communications regulations
and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be
construed as conferring any license to intellectual property rights, whether by
estoppel, implication or otherwise. This license is revocable at any time without
notice and with or without cause.
Trademarks
32665, FACEBOOK, THE FACEBOOK, FACEBOOKHIGH, FBOOK, POKE, THE WALL
and other Company graphics, logos, designs, page headers, button icons, scripts and
service names are registered trademarks, trademarks or trade dress of Company in
the U.S. and/or other countries. Company's trademarks and trade dress may not be
used, including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and may
not be copied, imitated, or used, in whole or in part, without the prior written
permission of the Company.
User Conduct
You understand that except for advertising programs offered by us on the Site (e.g.,
Facebook Flyers, Facebook Marketplace), the Service and the Site are available for
your personal, non-commercial use only. You represent, warrant and agree that no

materials of any kind submitted through your account or otherwise posted,
transmitted, or shared by you on or through the Service will violate or infringe upon
the rights of any third party, including copyright, trademark, privacy, publicity or
other personal or proprietary rights; or contain libelous, defamatory or otherwise
unlawful material.
In addition, you agree not to use the Service or the Site to:
harvest or collect email addresses or other contact information of other users from
the Service or the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
use the Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the
Service or the Site;
upload, post, transmit, share, store or otherwise make available any content that we
deem to be harmful, threatening, unlawful, defamatory, infringing, abusive,
inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other
than those of a personal nature that: (i) are of you or your friends, (ii) are taken by
you or your friends, or (iii) are original art or animation created by you or your
friends;
register for more than one User account, register for a User account on behalf of an
individual other than yourself, or register for a User account on behalf of any group
or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent
yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site
any private information of any third party, including, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or
personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any local, state,
national or international law;

use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site.
upload, post, transmit, share, store or otherwise make available content that, in the
sole judgment of Company, is objectionable or which restricts or inhibits any other
person from using or enjoying the Site, or which may expose Company or its users
to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Facebook Code
of Conduct that provides further information regarding the authorized conduct of
users on Facebook.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and
likeness), messages, notes, text, information, music, video, advertisements, listings,
and other content that you upload, publish or display (hereinafter, "post") on or
through the Service or the Site, or transmit to or share with other users (collectively
the "User Content"). You may not post, transmit, or share User Content on the Site or
Service that you did not create or that you do not have permission to post. You
understand and agree that the Company may, but is not obligated to, review the Site
and may delete or remove (without notice) any Site Content or User Content in its
sole discretion, for any reason or no reason, including User Content that in the sole
judgment of the Company violates this Agreement or the Facebook Code of Conduct,
or which might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of users or others. You are solely responsible at your sole cost
and expense for creating backup copies and replacing any User Content you post or
store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and storage of
the User Content on the Site. By posting User Content to any part of the Site, you
automatically grant, and you represent and warrant that you have the right to grant,
to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid,
worldwide license (with the right to sublicense) to use, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose, commercial, advertising, or otherwise, on or in
connection with the Site or the promotion thereof, to prepare derivative works of, or
incorporate into other works, such User Content, and to grant and authorize
sublicenses of the foregoing. You may remove your User Content from the Site at
any time. If you choose to remove your User Content, the license granted above will
automatically expire, however you acknowledge that the Company may retain
archived copies of your User Content. Facebook does not assert any ownership over
your User Content; rather, as between us and you, subject to the rights granted to us
in these Terms, you retain full ownership of all of your User Content and any
intellectual property rights or other proprietary rights associated with your User
Content.

Facebook Mobile Services
The Service includes certain services that are available via your mobile phone,
including (i) the ability to upload content to Facebook via your mobile phone
(Mobile Uploads), (ii) the ability to receive and reply to Facebook messages, to poke
and receive pokes and to write wall posts using text messaging (Mobile Texts), (iii)
the ability to browse Facebook from your mobile phone (Mobile Web), and (iv) the
ability to access certain Facebook features through a mobile application you have
downloaded and installed on your mobile phone (Mobile Client) (collectively the
"Mobile Services"). We do not charge for these Mobile Services. However, your
carrier's normal messaging, data and other rates and fees will still apply. You should
check with your carrier to find out what plans are available and how much they cost.
In addition, downloading, installing, or using certain Mobile Services may be
prohibited or restricted by your carrier, and not all Mobile Services may work with
all carriers or devices. Therefore, you should check with your carrier to find out if
the Mobile Services are available for your mobile devices, and what restrictions, if
any, may be applicable to your use of such Mobile Services. By using the Mobile
Services, you agree that we may communicate with you regarding Facebook and
other entities by SMS, MMS, text message or other electronic means to your mobile
device and that certain information about your usage of the Mobile Services may be
communicated to us. In the event you change or deactivate your mobile telephone
number, you agree to promptly update your Facebook account information to
ensure that your messages are not sent to the person that acquires your old number.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from
uploading, posting or otherwise transmitting on the Facebook website or service
any materials that violate another party's intellectual property rights. When we
receive proper Notification of Alleged Copyright Infringement as described in our
Facebook Copyright Policy, we promptly remove or disable access to the allegedly
infringing material and terminate the accounts of repeate infringers as described
herein in accordance with the Digital Millenium Copyright Act. If you believe that
any material on the Site infringes upon any copyright which you own or control, you
may send a written notification of such infringement to our Designated Agent.
Please see our Facebook Copyright Policy for more information on how to report
infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, Company has adopted a policy of terminating, in appropriate
circumstances and at Company's sole discretion, members who are deemed to be
repeat infringers. Company may also at its sole discretion limit access to the Site
and/or terminate the memberships of any users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other
web sites ("Third Party Sites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software and other
content or items belonging to or originating from third parties (the "Third Party
Applications, Software or Content"). Such Third Party Sites and Third Party
Applications, Software or Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Sites accessed through the Site or any Third Party Applications,
Software or Content posted on, available through or installed from the Site,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices
or other policies of or contained in the Third Party Sites or the Third Party
Applications, Software or Content. Inclusion of, linking to or permitting the use or
installation of any Third Party Site or any Third Party Applications, Software or
Content does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access the Third Party Sites or to use or install any Third Party
Applications, Software or Content, you do so at your own risk and you should be
aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any
site to which you navigate from the Site or relating to any applications you use or
install from the site.
Share Service
Company offers a feature whereby users of the Site can share with others or post to
their own member profile, videos, articles and other Third Party Applications,
Software or Content from, and/or links to, Third Party Sites through the Service (the
"Share Service"). You acknowledge and agree that your use of the Share Services and
all links, User Content or Third Party Applications, Software or Content shared
through the Share Service is subject to, and will fully comply with the user conduct
rules set forth above and the other terms and conditions set forth in these Terms of
Use.
Use of Share Links by Online Content Providers
Subject to the terms and conditions of these Terms of Use, Third Party Sites that
meet the requirements set forth below may place a Share Link (as described below),
in the form approved by Company, on pages of their web sites to facilitate use of the
Share Service. A Third Party Site that posts a Share Link on its web site is referred to
herein as an "Online Content Provider" and shall abide and be subject to the
applicable sections of these Terms of Use. A "Share Link" is a button and/or a text
link appearing on an Online Content Provider's web page that, upon being clicked by
a user, enables us to launch a sharing mechanism through which users can share
with others or post to their own member profile, links and content from that page.

In the event that the Share Link is a button that contains any icons or other graphic
images, trademarks or other proprietary materials of the Company, Online Content
Provider is granted permission to use such images, trademarks or other materials
solely for the purpose of placing the Share Link on Online Content Provider's site
and solely in the current form provided by the Company. In the event that the Share
Link is a text link, it must include the word "Facebook" as part of the link. The rights
granted in this paragraph may be revoked by Company at any time with or without
cause in its sole discretion, and upon such termination, Online Content Provider
agrees to immediately remove all Share Links from its site.
In order for an Online Content Provider to include a Share Link on its pages, the
Third Party Site must not contain any web content that if shared or posted by a user
would be a violation of the user conduct rules set forth above. Without limiting the
forgoing, Online Content Provider agrees not to post a Share Link on any web site
that contains, and represents and warrants that such web site does not and will not
contain, any content that is infringing, harmful, threatening, unlawful, defamatory,
abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of
privacy or publicity rights or that may expose Company or its users to any harm or
liability of any type. Upon including of a Share Link, Online Content Provider agrees
to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each
of their directors, officers, agents, contractors, partners and employees, harmless
from and against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with such Share
Link, any links, content or other items or materials which may be shared or posted
through such Share Link, or any breach or alleged breach of the foregoing
representations and warranties.
By including a Share Link, Online Content Provider automatically grants, and
represents and warrants that it has the right to grant, to the Company an
irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license
(with the right to sublicense) to use the Share Service in order to link to, use, copy,
publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part), summarize, and distribute the content, links and other materials
of any kind residing on any web pages on which Online Content Provider places the
Share Link.
Facebook Marketplace
All listings posted on or through the Facebook Marketplace service and all
transactions conducted in connection therewith are subject to and governed by the
Facebook Marketplace Guidelines (the "Guidelines") as well as these Terms of Use.
When you use Facebook Marketplace in any manner you are agreeing to abide by
and be subject to the Guidelines and the other applicable rules set forth in these
Terms of Use. The Guidelines are subject to change without prior notice at any time,
in the Company's sole discretion, so you should review the Guidelines each time you

use Facebook Marketplace. Parties to a transaction are solely responsible for all
interactions with each other, for arranging for payment and the exchange of the
goods or services purchased if applicable, and for the results and performance of
any transaction or relationship entered into through Facebook Marketplace. You
acknowledge that Facebook is not responsible or liable for any action or inaction of
any party to a transaction, for any failure to perform, to pay any amounts due, or to
deliver any merchandise or services as promised, or for any other aspect of the
transaction. Any fees or payments collected by Facebook applicable to Facebook
Marketplace are set forth on the Site, and all terms and conditions applicable to such
fees are set forth in the Facebook Terms of Sale However, please note that the
Terms of Sale do not apply to your purchases of products or services from third
parties through Facebook Marketplace, as those transactions are strictly between
you and the other party to the transaction. ALL USE OF FACEBOOK MARKETPLACE
IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Facebook Platform Applications
The Facebook Platform is a set of APIs and services provided by Facebook that
enable third-party developers ("Platform Developers") to create websites and
applications that retrieve data made available by Facebook and its users and/or that
retrieve authorized data from third-party sites for use on the Facebook Site
("Platform Applications")
Platform Developers may use the Facebook Platform and create Platform
Applications only in accordance with the terms and conditions set forth in an
agreement entered into between Facebook and the Platform Developer ("Developer
Terms"). Our standard Developer Terms consist of the Facebook Developer Terms
of Service and the related Facebook Platform Application Guidelines. We may from
time to time enter into separate agreements with certain third party Platform
Developers that contain different or additional terms, provided however, that each
such separate agreement will require the third party Platform Developer to only
display your information in accordance with your Facebook privacy settings. The
standard Developer Terms are subject to change without prior notice at any time, in
the Company's sole discretion, so you should review these documents from time to
time. ALL USE OF THE FACEBOOK PLATFORM IS PROVIDED "AS IS" AND AT YOUR
OWN RISK.
Users who install Platform Applications must agree to the terms and conditions set
forth in the Platform Application Terms of Use ("Application User Terms") and in
these Terms of Use. The Application User Terms are subject to change without prior
notice at any time, in the Company's sole discretion, so you should review these
terms each time you install an application and from time to time. Platform
Developers may require you to agree to their own terms of service, privacy policies
and/or other policies as a condition of using Platform Applications. Platform
Applications have not been approved, endorsed, or reviewed in any manner by
Facebook, and we are not responsible for your use of or inability to use any Platform

Applications, including the content, accuracy, or reliability of such Application and
the privacy practices or other policies of Developers. YOU USE SUCH PLATFORM
APPLICATIONS AT YOUR OWN RISK.
If you, your friends or members of your network use any Platform Applications,
such Platform Applications may access and share certain information about you
with others in accordance with your privacy settings as further described in our
Privacy Policy. Platform Developers are required to agree to restrictions on access,
storage and use of such information. However, while we have undertaken
contractual and technical steps to restrict possible misuse of such information by
such Platform Developers, we do not screen or approve Developers, and we cannot
and do not guarantee that all Platform Developers will abide by such restrictions
and agreements. Certain actions you take through the Platform Applications may be
displayed to your friends in your profile, mini-feed and news feed, and you may optout of displaying your Platform Application actions on the Privacy Settings page.
Please report any suspected misuse of information through the Facebook Platform
as described in our Privacy Policy.
You may set your preferences for your news feed and mini-feed here.
Facebook Connect
Facebook Connect ("Connect") enables participating third party websites to work
just like Facebook Platform applications. Once you allow a third party website to
connect with Facebook, you will be able to use your Facebook login information to
log into that website. The third party website will be able to: generate and publish
news feed and other stories about actions you take on their website; access
Facebook information related to you (including your profile information, friends,
and privacy settings) so you can use your Facebook information on the third party
site; and allow you to interact with your friends on the website. In order to make
Connect possible, you agree to allow Facebook to check your Facebook cookies
when you are visiting participating third party websites, and allow Facebook to
receive information concerning the actions you take on those third party websites.
In addition, once you allow a participating third party website to connect with
Facebook, you agree to allow Facebook and such third party website to generate and
publish news feed and other stories about actions you take on the website without
any additional permission. In the event you no longer want the third party website
to publish stories about you, you can always disable this feature by changing your
application settings.
When your friends connect their Facebook account with a participating third party
website, Facebook Connect will enable them to find Facebook friends that may also
be users of that third party website, and invite them to use Connect as well. If you do
not want your friends to be able to invite you, you may change your privacy settings
to disable this feature.

Connect also gives you the ability to permit Facebook and participating third party
websites to generate and publish news feed and other stories about actions you
have taken on such websites, even if you have not gone through the Connect
process. In such cases, you will be asked whether you want to publish the story on
Facebook, and will be given the opportunity to save your answer for future stories.
In the event you want to change your settings for that website, visit your application
settings.
Like Platform Applications, third party websites that participate in Connect are
required, among other things, to protect your privacy consistent with your
Facebook privacy settings and Facebook's privacy policy.
Facebook Pages
Facebook Pages are special profiles used solely for commercial, political, or
charitable purposes. You may not set up a Facebook Page on behalf of another
individual or entity unless you are authorized to do so. This includes fan Facebook
Pages, as well as Facebook Pages to support or criticize another individual or entity.
FACEBOOK DOES NOT PRE-SCREEN OR APPROVE FACEBOOK PAGES, AND CANNOT
GUARANTEE THAT A FACEBOOK PAGE WAS ACTUALLY CREATED AND IS BEING
OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A
FACEBOOK PAGE. NOR IS FACEBOOK RESPONSIBLE FOR THE CONTENT OF ANY
FACEBOOK PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS
TAKEN ON OR IN CONNECTION WITH ANY FACEBOOK PAGE, INCLUDING HOW
THE OWNER OF THE FACEBOOK PAGE COLLECTS, HANDLES, USES AND / OR
SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE
REVIEW THE FACEBOOK PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR
CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL
INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL
INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH
A FACEBOOK PAGE.
In addition to these Terms of Use, Facebook Pages are subject to and governed by
certain Additional Terms Applicable to Facebook Pages. The Additional Terms
Applicable to Facebook Pages control in the event of any conflict between them and
the Terms of Use.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to
your purchase of products or services from Company. By ordering products or
services from Company through the Site, you agree to be bound by and accept the
Terms of Sale. The Terms of Sale are subject to change without prior notice at any
time, in Company's sole discretion so you should review the Terms of Sale each time
you make a purchase.

User Disputes
You are solely responsible for your interactions with other Facebook users. We
reserve the right, but have no obligation, to monitor disputes between you and other
users.
Privacy
We care about the privacy of our users. Click here to view the Facebook's Privacy
Policy. By using the Site or the Service, you are consenting to have your personal
data transferred to and processed in the United States.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or
Third Party Applications, Software or Content posted on the Site or in connection
with the Service, whether posted or caused by users of the Site, by Facebook, by
third parties or by any of the equipment or programming associated with or utilized
in the Site or the Service. Although we provide rules for user conduct and postings,
we do not control and are not responsible for what users post, transmit or share on
the Site and are not responsible for any offensive, inappropriate, obscene, unlawful
or otherwise objectionable content you may encounter on the Site or in connection
with any User Content or Third Party Applications, Software or Content. The
Company is not responsible for the conduct, whether online or offline, of any user of
the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or traffic
congestion on the Internet or at any Site or combination thereof, including injury or
damage to User's or to any other person's computer, mobile phone, or other
hardware or software, related to or resulting from using or downloading materials
in connection with the Web and/or in connection with the Service, including any
Mobile Client software. Under no circumstances will the Company be responsible for
any loss or damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content posted on or through the
Site or the Service or transmitted to Users, or any interactions between users of the
Site, whether online or offline.

THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE
AND THE MARKETPLACE SERVICE), ANY PLATFORM APPLICATIONS AND THE
SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND
ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT
GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE
SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY
DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR
MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE
OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD
EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE,
CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO
DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU
UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT)
FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER
SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Platform Applications
offered through the Site at any time without notice. Reference to any products,
services, processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY
LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE
SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR
OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE,
EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE
TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO
YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO
COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF

ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED
TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF
ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Termination
The Company may terminate your membership, delete your profile and any content
or information that you have posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service or the Site or any Platform
Application (or any portion, aspect or feature of the Service or the Site or any
Platform Application) for any reason, or no reason, at any time in its sole discretion,
with or without notice, including if it believes that you are under 13, or under 18
and not in high school or college. When we are notified that a user has died, we will
generally, but are not obligated to, keep the user's account active under a special
memorialized status for a period of time determined by us to allow other users to
post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State
of Delaware, without regard to principles of conflict of laws, will govern these Terms
of Use and any dispute of any sort that might arise between you and the Company or
any of our affiliates. With respect to any disputes or claims not subject to arbitration
(as set forth below), you agree not to commence or prosecute any action in
connection therewith other than in the state and federal courts of California, and
you hereby consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to, venue and jurisdiction in the state and
federal courts of California.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN
REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS
APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND
REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR
ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE
(INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL
BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of
us has in any manner infringed upon or violated or threatened to infringe upon or
violate the other party's patent, copyright, trademark or trade secret rights, or you

have otherwise violated any of the user conduct rules set forth above or in the Code
of Conduct then the parties acknowledge that arbitration is not an adequate remedy
at law and that injunctive or other appropriate relief may be sought; and (b) no
disputes or claims relating to any transactions you enter into with a third party
through the Facebook Marketplace may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and, in the case of
consumer disputes, the AAA's Supplementary Procedures for Consumer Related
Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of
the arbitration and the allocation of costs and fees for such arbitration shall be
determined in accordance with such AAA Rules and shall be subject to the
limitations provided for in the AAA Consumer Rules (for consumer disputes). If such
costs are determined to be excessive in a consumer dispute, the Company will be
responsible for paying all arbitration fees and arbitrator compensation in excess of
what is deemed reasonable. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM
UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR
CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER
CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION
PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or
proceeding by you related in any way to the Site and/or the Service (including your
visit to or use of the Site and/or the Service) be instituted more than three (3) years
after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection with
any User Content, any Third Party Applications, Software or Content you post or
share on or through the Site (including through the Share Service), your use of the
Service or the Site, your conduct in connection with the Service or the Site or with
other users of the Service or the Site, or any violation of this Agreement or of any
law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Site or the Service ("Submissions"),
provided by you to Company are non-confidential and shall become the sole
property of Company. Company shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of

these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example",
and other similar terms are deemed to include the term "without limitation"
immediately thereafter. Terms used in these Terms with the initial letter(s)
capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company
regarding the use of the Site and/or the Service, superseding any prior agreements
between you and Company relating to your use of the Site or the Service. The failure
of Company to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision in that or any other instance. If any
provision of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. If any provision of these Terms of Use shall be
deemed unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions.
Questions
Please visit our Help page or these links for more information.
Facebook Copyright Policy
Facebook Terms of Sale
Facebook Marketplace Guidelines
Facebook Platform Application Guidelines
Platform Application Terms of Use
Facebook Developer Terms of Service