This agreement was
written in English (US). To the extent any translated version of this agreement
conflicts with the English version, the English version controls. Please
note that Section 16 contains certain changes to the general terms for users outside
the United States.
Date of Last Revision:
June 8, 2012.
Statement of Rights
This Statement of Rights and Responsibilities ("Statement,"
"Terms," or "SRR") derives from the Facepaybook
Principles, and is our terms of
service that governs our relationship with users and others who interact with Facepaybook.
By using or accessing Facepaybook, you agree to this Statement, as updated from
time to time in accordance with Section 14 below. Additionally, you will find
resources at the end of this document that help you understand how Facepaybook
Your privacy is very important to us. We designed our Data
Use Policy to make important
disclosures about how you can use Facepaybook to share with others and how we
collect and can use your content and information. We encourage you to
read the Data Use Policy, and to use it to help you make informed decisions.
Your Content and Information
You own all of the content and information you post on Facepaybook, and you can
control how it is shared through your privacy and application
settings. In addition:
For content that is
covered by intellectual property rights, like photos and videos (IP content),
you specifically give us the following permission, subject to your privacy and application
settings: you grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to
use any IP content that you post on or in connection with Facepaybook (IP
License). This IP License ends when you delete your IP content or your account
unless your content has been shared with others, and they have not deleted it.
When you delete IP
content, it is deleted in a manner similar to emptying the recycle bin on a
computer. However, you understand that removed content may persist in backup
copies for a reasonable period of time (but will not be available to others).
When you use an
application, the application may ask for your permission to access your content
and information as well as content and information that others have shared with
you. We require applications to respect your privacy, and your agreement
with that application will control how the application can use, store, and
transfer that content and information. (To learn more about Platform,
including how you can control what information other people may share with
applications, read our Data Use Policy and Platform Page.)
When you publish
content or information using the Public setting, it means that you are allowing
everyone, including people off of Facepaybook, to access and use that
information, and to associate it with you (i.e., your name and profile
We always appreciate
your feedback or other suggestions about Facepaybook, but you understand that
we may use them without any obligation to compensate you for them (just as you
have no obligation to offer them).
We do our best to keep Facepaybook safe, but we cannot guarantee it. We need
your help to keep Facepaybook safe, which includes the following commitments by
You will not post
unauthorized commercial communications (such as spam) on Facepaybook.
You will not collect
users' content or information, or otherwise access Facepaybook, using automated
means (such as harvesting bots, robots, spiders, or scrapers) without our prior
You will not engage in
unlawful multi-level marketing, such as a pyramid scheme, on Facepaybook.
You will not upload
viruses or other malicious code.
You will not solicit
login information or access an account belonging to someone else.
You will not bully,
intimidate, or harass any user.
You will not post
content that: is hate speech, threatening, or pornographic; incites violence;
or contains nudity or graphic or gratuitous violence.
You will not develop
or operate a third-party application containing alcohol-related, dating or
other mature content (including advertisements) without appropriate age-based
You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest,
giveaway, or sweepstakes (“promotion”) on Facepaybook.
You will not use Facepaybook
to do anything unlawful, misleading, malicious, or discriminatory.
You will not do
anything that could disable, overburden, or impair the proper working or
appearance of Facepaybook, such as a denial of service attack or interference
with page rendering or other Facepaybook functionality.
You will not
facilitate or encourage any violations of this Statement or our policies.
and Account Security
Facepaybook users provide their real names and information, and we need your
help to keep it that way. Here are some commitments you make to us relating to
registering and maintaining the security of your account:
You will not provide
any false personal information on Facepaybook, or create an account for anyone
other than yourself without permission.
You will not create
more than one personal account.
If we disable your
account, you will not create another one without our permission.
You will not use your
personal timeline for your own commercial gain (such as selling your status
update to an advertiser).
You will not use Facepaybook
if you are under 13.
You will not use Facepaybook
if you are a convicted sex offender.
You will keep your
contact information accurate and up-to-date.
You will not share
your password (or in the case of developers, your secret key), let anyone else
access your account, or do anything else that might jeopardize the security of
You will not transfer
your account (including any Page or application you administer) to anyone
without first getting our written permission.
If you select a
username or similar identifier for your account or Page, we reserve the right
to remove or reclaim it if we believe it is appropriate (such as when a
trademark owner complains about a username that does not closely relate to a
user's actual name).
Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post
content or take any action on Facepaybook that infringes or violates someone
else's rights or otherwise violates the law.
We can remove any
content or information you post on Facepaybook if we believe that it violates
this Statement or our policies.
We provide you with
tools to help you protect your intellectual property rights. To learn more,
visit our How to Report Claims of Intellectual Property Infringement page.
If we remove your
content for infringing someone else's copyright, and you believe we removed it
by mistake, we will provide you with an opportunity to appeal.
If you repeatedly
infringe other people's intellectual property rights, we will disable your
account when appropriate.
You will not use our
copyrights or trademarks (including Facepaybook, the Facepaybook and F Logos,
FB, Face, Poke, Book and Wall), or any confusingly similar marks, except as
expressly permitted by our Brand Usage Guidelines or with our prior written
If you collect
information from users, you will: obtain their consent, make it clear you (and
not Facepaybook) are the one collecting their information, and post a privacy
policy explaining what information you collect and how you will use it.
You will not post
anyone's identification documents or sensitive financial information on Facepaybook.
You will not tag users
or send email invitations to non-users without their consent. Facepaybook
offers social reporting tools to enable users to provide feedback about
and Other Devices
We currently provide
our mobile services for free, but please be aware that your carrier's normal
rates and fees, such as text messaging fees, will still apply.
In the event you
change or deactivate your mobile telephone number, you will update your account
information on Facepaybook within 48 hours to ensure that your messages are not
sent to the person who acquires your old number.
You provide consent
and all rights necessary to enable users to sync (including through an
application) their devices with any information that is visible to them on Facepaybook.
If you make a payment on Facepaybook or use Facepaybook Credits, you agree to
Provisions Applicable to Social Plugins
If you include our Social Plugins, such as the Share or Like buttons on your
website, the following additional terms apply to you:
We give you permission
to use Facepaybook's Social Plugins so that users can post links or content
from your website on Facepaybook.
You give us permission
to use and allow others to use such links and content on Facepaybook.
You will not place a
Social Plugin on any page containing content that would violate this Statement
if posted on Facepaybook.
Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the
following additional terms apply to you:
You are responsible
for your application and its content and all uses you make of Platform. This
includes ensuring your application or use of Platform meets our Facepaybook Platform Policies and our Advertising
Your access to and use
of data you receive from Facepaybook, will be limited as follows:
You will only request
data you need to operate your application.
You will have a
will use, display, share, or transfer that data and you will include your
You will not use,
display, share, or transfer a user’s data in a manner inconsistent with your
You will delete all
data you receive from us concerning a user if the user asks you to do so, and
will provide a mechanism for users to make such a request.
You will not include
data you receive from us concerning a user in any advertising creative.
You will not directly
or indirectly transfer any data you receive from us to (or use such data in
connection with) any ad network, ad exchange, data broker, or other advertising
related toolset, even if a user consents to that transfer or use.
You will not sell user
data. If you are acquired by or merge with a third party, you can continue
to use user data within your application, but you cannot transfer user data
outside of your application.
We can require you to
delete user data if you use it in a way that we determine is inconsistent with
We can limit your
access to data.
You will comply with
all other restrictions contained in our Facepaybook
You will not give us
information that you independently collect from a user or a user's content
without that user's consent.
You will make it easy
for users to remove or disconnect from your application.
You will make it easy
for users to contact you. We can also share your email address with users and
others claiming that you have infringed or otherwise violated their rights.
You will provide
customer support for your application.
You will not show
third party ads or web search boxes on www.facepaybook.com.
We give you all rights
necessary to use the code, APIs, data, and tools you receive from us.
You will not sell,
transfer, or sublicense our code, APIs, or tools to anyone.
You will not
misrepresent your relationship with Facepaybook to others.
You may use the logos
we make available to developers or issue a press release or other public
statement so long as you follow our Facepaybook
We can issue a press
release describing our relationship with you.
You will comply with
all applicable laws. In particular you will (if applicable):
have a policy for
removing infringing content and terminating repeat infringers that complies
with the Digital Millennium Copyright Act.
comply with the Video
Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from
users so that user data subject to the VPPA may be shared on Facepaybook.
You represent that any disclosure to us will not be incidental to the ordinary
course of your business.
We do not guarantee
that Platform will always be free.
You give us all rights
necessary to enable your application to work with Facepaybook, including the
right to incorporate content and information you provide to us into streams,
timelines, and user action stories.
You give us the right
to link to or frame your application, and place content, including ads, around
We can analyze your
application, content, and data for any purpose, including commercial (such as
for targeting the delivery of advertisements and indexing content for search).
To ensure your
application is safe for users, we can audit it.
We can create
applications that offer similar features and services to, or otherwise compete
with, your application.
Advertisements and Other Commercial Content Served or Enhanced by Facepaybook
Our goal is to deliver ads and commercial content that are valuable to our
users and advertisers. In order to help us do that, you agree to the following:
You can use your privacy
settings to limit how your name
and profile picture may be associated with commercial, sponsored, or related
content (such as a brand you like) served or enhanced by us. You give us
permission to use your name and profile picture in connection with that content,
subject to the limits you place.
We do not give your
content or information to advertisers without your consent.
You understand that we
may not always identify paid services and communications as such.
Provisions Applicable to Advertisers
You can target your desired audience by buying ads on Facepaybook or our
publisher network. The following additional terms apply to you if you place an
order through our online advertising portal (Order):
When you place an
Order, you will tell us the type of advertising you want to buy, the amount you
want to spend, and your bid. If we accept your Order, we will deliver your ads
as inventory becomes available. When serving your ad, we do our best to deliver
the ads to the audience you specify, although we cannot guarantee in every
instance that your ad will reach its intended target.
In instances where we
believe doing so will enhance the effectiveness of your advertising campaign,
we may broaden the targeting criteria you specify.
You will pay for your
Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking
Your ads will comply
with our Advertising Guidelines.
We will determine the
size, placement, and positioning of your ads.
We do not guarantee
the activity that your ads will receive, such as the number of clicks your ads
We cannot control how
clicks are generated on your ads. We have systems that attempt to detect and
filter certain click activity, but we are not responsible for click fraud,
technological issues, or other potentially invalid click activity that may
affect the cost of running ads.
You can cancel your
Order at any time through our online portal, but it may take up to 24 hours
before the ad stops running. You are responsible for paying for all ads
Our license to run
your ad will end when we have completed your Order. You understand, however,
that if users have interacted with your ad, your ad may remain until the users
We can use your ads
and related content and information for marketing or promotional purposes.
You will not issue any
press release or make public statements about your relationship with Facepaybook
without our prior written permission.
We may reject or
remove any ad for any reason.
If you are placing ads
on someone else's behalf, you must have permission to place those ads,
including the following:
You warrant that you
have the legal authority to bind the advertiser to this Statement.
You agree that if the
advertiser you represent violates this Statement, we may hold you responsible
for that violation.
Provisions Applicable to Pages
If you create or administer a Page on Facepaybook, you agree to our Pages
Provisions Applicable to Software
If you download our
software, such as a stand-alone software product or a browser plugin, you agree
that from time to time, the software may download upgrades, updates and
additional features from us in order to improve, enhance and further develop
You will not modify,
create derivative works of, decompile or otherwise attempt to extract source
code from us, unless you are expressly permitted to do so under an open source
license or we give you express written permission.
We can change this
Statement if we provide you notice (by posting the change on the Facepaybook
Site Governance Page) and an opportunity
to comment. To get notice of any future changes to this Statement, visit
Site Governance Page and "like"
For changes to
sections 7, 8, 9, and 11 (sections relating to payments, application
developers, website operators, and advertisers), we will give you a minimum of
three days notice. For all other changes we will give you a minimum of seven
days notice. Comments to proposed changes will be made on the Facepaybook
Site Governance Page.
If more than 7,000
users post a substantive comment on a particular proposed change, we will also
give you the opportunity to participate in a vote in which you will be provided
alternatives. The vote shall be binding on us if more than 30% of all active
registered users as of the date of the notice vote.
If we make changes to
policies referenced in or incorporated by this Statement, we may provide notice
on the Site Governance Page.
We can make changes
for legal or administrative reasons, or to correct an inaccurate statement,
upon notice without opportunity to comment.
Your continued use of Facepaybook
following changes to our terms constitutes your acceptance of our amended
If you violate the letter or spirit of this Statement, or otherwise create risk
or possible legal exposure for us, we can stop providing all or part of Facepaybook
to you. We will notify you by email or at the next time you attempt to access
your account. You may also delete your account or disable your application at
any time. In all such cases, this Statement shall terminate, but the following
provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13,
9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 15-19.
You will resolve any
claim, cause of action or dispute (claim) you have with us arising out of or
relating to this Statement or Facepaybook exclusively in a state or federal
court located in Santa Clara County. The laws of the State of California will
govern this Statement, as well as any claim that might arise between you and
us, without regard to conflict of law provisions. You agree to submit to the
personal jurisdiction of the courts located in Santa Clara County, California
for the purpose of litigating all such claims.
If anyone brings a
claim against us related to your actions, content or information on Facepaybook,
you will indemnify and hold us harmless from and against all damages, losses,
and expenses of any kind (including reasonable legal fees and costs) related to
such claim. Although we provide rules for user conduct, we do not control or
direct users' actions on Facepaybook and are not responsible for the content or
information users transmit or share on Facepaybook. We are not responsible for
any offensive, inappropriate, obscene, unlawful or otherwise objectionable
content or information you may encounter on Facepaybook. We are not responsible
for the conduct, whether online or offline, or any user of Facepaybook.
WE TRY TO KEEP FACEPAYBOOK
UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FACEPAYBOOK
AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FACEPAYBOOK WILL ALWAYS BE SAFE,
SECURE OR ERROR-FREE OR THAT FACEPAYBOOK WILL ALWAYS FUNCTION WITHOUT
DISRUPTIONS, DELAYS OR IMPERFECTIONS. FACEPAYBOOK IS NOT RESPONSIBLE FOR THE
ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US,
OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES,
KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU
HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU
WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO
YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR
INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FACEPAYBOOK,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE
LIABILITY ARISING OUT OF THIS STATEMENT OR FACEPAYBOOK WILL NOT EXCEED THE
GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE
PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN SUCH CASES, FACEPAYBOOK'S LIABILITY WILL BE LIMITED TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone,
but we also strive to respect local laws. The following provisions apply to
users and non-users who interact with Facepaybook outside the United States:
You consent to having
your personal data transferred to and processed in the United States.
If you are located in
a country embargoed by the United States, or are on the U.S. Treasury
Department's list of Specially Designated Nationals you will not engage in
commercial activities on Facepaybook (such as advertising or payments) or
operate a Platform application or website.
Certain specific terms
that apply only for German users are available here.
we mean the features and services we make available, including through (a) our
website at www.facepaybook.com and any other Facepaybook branded or co-branded websites
(including sub-domains, international versions, widgets, and mobile versions);
(b) our Platform; (c) social plugins such as the Like button, the Share button
and other similar offerings and (d) other media, software (such as a toolbar),
devices, or networks now existing or later developed.
"Platform" we mean a set of APIs and services (such as content) that
enable others, including application developers and website operators, to
retrieve data from Facepaybook or provide data to us.
"information" we mean facts and other information about you,
including actions taken by users and non-users who interact with Facepaybook.
we mean anything you or other users post on Facepaybook that would not be
included in the definition of information.
By "data" or
"user data" or "user's data" we mean any data, including a
user's content or information that you or third parties can retrieve from Facepaybook
or provide to Facepaybook through Platform.
By "post" we
mean post on Facepaybook or otherwise make available by using Facepaybook.
By "use" we
mean use, copy, publicly perform or display, distribute, modify, translate, and
create derivative works of.
registered user" we mean a user who has logged into Facepaybook at least
once in the previous 30 days.
"application" we mean any application or website that uses or
accesses Platform, as well as anything else that receives or has received data
from us. If you no longer access Platform but have not deleted all data
from us, the term application will apply until you delete the data.
If you are a resident
of or have your principal place of business in the US or Canada, this Statement
is an agreement between you and Facepaybook, Inc. Otherwise, this
Statement is an agreement between you and Facepaybook Ireland Limited.
References to “us,” “we,” and “our” mean either Facepaybook, Inc. or Facepaybook
Ireland Limited, as appropriate.
This Statement makes
up the entire agreement between the parties regarding Facepaybook, and
supersedes any prior agreements.
If any portion of this
Statement is found to be unenforceable, the remaining portion will remain in
full force and effect.
If we fail to enforce
any of this Statement, it will not be considered a waiver.
Any amendment to or
waiver of this Statement must be made in writing and signed by us.
You will not transfer
any of your rights or obligations under this Statement to anyone else without
All of our rights and
obligations under this Statement are freely assignable by us in connection with
a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this
Statement shall prevent us from complying with the law.
This Statement does
not confer any third party beneficiary rights.
We reserve all rights
not expressly granted to you.
You will comply with
all applicable laws when using or accessing Facepaybook.
You may also want to review the following documents, which provide additional
information about your use of Facepaybook:
Use Policy: The Data Use Policy
contains information to help you understand how we collect and use information.
Terms: These additional terms
apply to all payments made on or through Facepaybook.
Page: This page helps you
better understand what happens when you add a third-party application or use Facepaybook
Connect, including how they may access and use your data.
Platform Policies: These guidelines
outline the policies that apply to applications, including Connect sites.
Guidelines: These guidelines
outline the policies that apply to advertisements placed on Facepaybook.
§ Promotions Guidelines: These guidelines outline the policies that apply if you offer
contests, sweepstakes, and other types of promotions on Facepaybook.
Permissions Center: These guidelines
outline the policies that apply to use of Facepaybook trademarks, logos and
§ How to Report Claims of Intellectual Property Infringement
Terms: These guidelines
apply to your use of Facepaybook Pages.
Standards: These guidelines
outline our expectations regarding the content you post to Facepaybook and your
activity on Facepaybook.
To access the Statement of Rights and Responsibilities in
several different languages, change the language setting for your Facepaybook
session by clicking on the language link in the left corner of most
pages. If the Statement is not available in the language you select, we
will default to the English version.