Terms and Conditions

Last Updated: February 29, 2016
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY META WEBSITES
The term “Meta Website(s)” will hereinafter be used collectively to refer to all websites owned and/or controlled and operated by Meta and its subsidiaries, affiliates, agents, licensees or assigns, and which have an affixed hyperlink to these Terms of Use. The term “Meta” will hereinafter refer to Meta Company, a Delaware corporation, and any of its subsidiaries and affiliates. THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT (THIS “AGREEMENT” OR THE “TERMS OF USE”) BETWEEN YOU AND META. BY SIGNING UP FOR AN ACCOUNT OR USING ANY META WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, DO NOT USE THE ACCOMPANYING META WEBSITES.

Meta reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any Meta Website feature, hours of availability, content, data, software or equipment needed to access Meta Websites. Meta will post notification of any such changes on the Meta Website in question, and will post any revised Terms of Use in this location, and may provide such other notice as Meta may elect in its sole and absolute discretion, which may include by email, postal mail, or pop-up screen. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use of the Meta Websites and terminate your Account (as defined below). The continued use of Meta Websites by you following notice of changes to this Agreement will mean you accept any and all such changes. Meta may change, modify, suspend, or discontinue any aspect of the Meta Websites at any time. Meta may also impose limits on certain features or restrict your access to parts or all of the Meta Websites without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of the Meta Websites, any data or in any terms or conditions of access to or use of the Meta Websites.

1. Limited License to Use the Service.
All use of any Meta Website services, software and other applications, which link to this Agreement, whether accessed directly or through a third party website (e.g., a social network) (individually or collectively referred to herein as the “Service(s)”), and the relationship between Meta and you, with respect to your use of the Service, is governed by this Agreement. Subject to your compliance with and acceptance of the terms and conditions set forth in this Agreement, you may use the Service for your non-commercial purposes. Moreover, you agree to be bound by any application, forum or software specific rules or licenses published within the Service. This Agreement is in addition to, and does not replace or supplant, any end user license agreement, SDK license agreement, beta-testing or evaluation license agreement or other software license agreement (collectively, “SLA”) that applies to any Meta software (“Software”) and any other agreements or terms provided by Meta with respect to the Service or a particular Website. Any use of the Meta Websites not in accordance with the Terms of Use, the SLA or other express terms or conditions is expressly prohibited. By accessing and using the Service, you represent that, if you are a legal resident of the United States, you are at least thirteen (13) years old, or over the age of majority in the country where you are a citizen, and agree to these Terms of Use on behalf of yourself, or on the behalf of your child or legal ward. If you are between the ages of thirteen (13) and seventeen (17) years old, you represent that your parent or legal guardian has reviewed and agreed to the Terms of Use.

2. Restrictions and Other Notifications.
2.1 You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to Meta Website servers.

2.2 Meta has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.

2.3 Meta has the right to obtain “non-personal” data from your connection to the Meta Websites in order to make certain demographic assumptions regarding the users of Meta Websites without any further notice to you. For more information about Meta’s use of information collected from the Meta Websites, please review Meta’s Privacy Policy at https://www.metavision.com/legal#privacy.

2.4 Meta has the right to change, at any time, the (i) Meta Websites or the Service, including the termination, change, or addition of any content or feature, (ii) the fees or charges, if any, related to the use of the Service or Meta Websites, or (iii) the equipment, hardware or software necessary to use the Service or the Meta Websites.

2.5 Meta may from time to time offer certain contests, promotions and/or sweepstakes via the Meta Websites. You agree that your participation in such contests, promotions and/or sweepstakes is voluntary and will be subject to the specific official rules and/or terms and conditions provided in connection therewith.

2.6 Meta Websites require the creation and retention of electronic files, including without limitation accounts, statistics, user profiles, etc. (“SC Data”), which are stored by Meta. While keeping SC Data safe is a priority of Meta, note that Meta will not have any liability for the loss of any SC Data for any reason whatsoever.

2.7 Meta reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation SC Data and any other information accumulated, stored or uploaded on Meta Websites.

2.8 META MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS AND WEBSITE ACTIVITY WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. You also hereby acknowledge that Meta is under no obligation to monitor your electronic communications, and you engage in such communications at your own risk. You are responsible for all such communications you make available through the Meta Websites and your use of the Meta Websites is at your own risk.

2.9 You acknowledge that portions of Meta Websites may contain additional terms and conditions for use of a particular Service or license of particular Software. You agree that you will read and agree to those terms and conditions, including any applicable SLA, before using any such Service or Software. In the event that any terms or conditions posted on Meta Websites conflict with these Terms of Use, these Terms of Use will control, except in the case of SLAs, which will be viewed as compatible whenever possible, with SLAs controlling over these Terms of Use in case of a direct conflict of terms.

3. Establishing an Account.
3.1 In order to access and use the Meta Websites and/or Service, you may be required to sign up for an Account (as defined below). You may establish one (1) user account, or access the Service through one (1) account on a third party website or service through which the Service is available (e.g., a social network) (the “Account”) pursuant to the terms, conditions and restrictions contained in this Agreement. In order to establish an Account, you must be 13 or older if you are a resident of the United States or over the age of majority in your country of residence. Users who are residents of the United States between the ages of 13 and 17 may establish an account only with permission and under the supervision of a parent or legal guardian who has reviewed and accepted the terms of this Agreement. You may not share the Account with anyone. You are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and will forever be owned by Meta. Meta reserves the right to terminate an Account without notice if it believes, at its own discretion, that a user is under the age of 13, or is between the ages of 13 and 18 and is using any of the respective Meta Websites without parental consent or supervision.

3.2 To register for an Account you will be required to provide Meta with certain information about yourself, including, but not limited to, your first and last name, e-mail address, username, date of birth, language and time-zone. You may also have the opportunity enter credit card information and billing address if you will be purchasing items through the Service. All of the information you provide to Meta or that Meta collects from you will be subject to the terms and conditions of this Agreement and Meta’s Privacy Policy, available at https://www.metavision.com/legal#privacy, which is incorporated herein by reference. As such, it is imperative that you provide Meta with accurate, up to date information. In the event that Meta learns that you have provided false or misleading registration information, Meta reserves the right to immediately terminate and disable or delete the Account. Meta is not responsible for any loss or damages arising from your failure to provide accurate information.

3.3 During the registration process, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as “Password”). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. Meta is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. Meta is not responsible in the event that the Account is “hacked,” or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account. The user name you choose will be subject to the naming guidelines contained in this Agreement.

3.4 Meta does not recognize the transfer of Accounts. You may not offer any Account for sale or trade, and any such offer is a violation of this Agreement and will result in termination of the Account.

3.5 You agree to immediately notify Meta of any unauthorized use of your Password or Account or any other breach of security. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

3.6 You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your Account is aware of the terms of and complies with this Agreement.

4. Meta Rules of Conduct.
The Meta Websites and Service are governed by certain rules of conduct that must be adhered to by all users of the Meta Websites and/or Services. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be exhaustive, and Meta reserves the right to determine which conduct it considers to be outside the spirit of these Terms of Use and to take such disciplinary measures as it sees fit, up to and including termination and deletion of the Account. The Meta Websites are here to provide you with an environment where you can enjoy the Service, discuss ideas, give advice, and converse about any other aspects of Meta Websites or Services with others. Community forums are at their best when participants treat their fellow posters with respect and courtesy. Therefore, Meta asks that you conduct yourself in a civilized manner when participating in these forums.

The guidelines and rules listed below explain what behavior is expected of you and what behavior you can expect from other community members. Note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such, the forum moderators will have full discretion to address any behavior that they feel is inappropriate. Meta reserves the right to suspend your access to the Service and/or Meta Website forums at any time for reasons that include, but are not necessarily limited to, your failure to abide by these guidelines. Notwithstanding the foregoing, Meta has no obligation to monitor or supervise communications of any kind on the Meta Websites, nor will Meta be liable for any damages for any loss or damages caused by the statements, posted images, or actions of third parties in connection with the Meta Websites.

4.1 User Name. Each user will select a user name during the registration process. If Meta finds such a user name to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of your Account. In particular, you may not use any name:

4.1.1 Belonging to another person with the intent to impersonate that person, including without limitation an employee or agent of Meta.

4.1.2 That incorporates ‘swear’ words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

4.1.3 That belongs to a popular culture figure, celebrity, or media personality;

4.1.4 That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;

4.1.5 Belonging to any religious figure or deity;

4.1.6 Related to drugs, sex, alcohol, or criminal activity; or

4.1.7 Referring to pop culture icons or personas. You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions.

4.2 General.

4.2.1 You will not advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use the Meta Websites or Service for commercial purposes of any kind.

4.2.2 You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Meta Websites, Service or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Meta Websites.

4.2.3 You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other Account information, or another person’s name, likeness, voice, image or photograph.

4.2.4 You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

4.2.5 You will not submit, post, upload, distribute or otherwise make available or transmit any illegal content, or make statements that do not generally pertain to the designated topic or theme of the forum.

4.2.6 You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity in connection with the Service and/or Meta Websites.

4.2.7 You will not communicate or post any user’s personal information in or on the Meta Websites, Service or forums related to Meta.

4.2.8 Post any content or language which, in the sole and absolute discretion of Meta, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above.

4.3 While using the Service and/or Meta Websites, you agree not to:

4.3.1 Use the Service or Software for any unlawful purpose or in any manner not intended by Meta as contemplated herein and/or as stated within the Service or SLA, as applicable.

4.3.2 Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

4.3.3 Harvest or collect information about the Service, visitors to the Meta Websites or users of the Service without their express consent.

4.3.4 Download, copy, reproduce, republish, upload, post, transmit, modify, distribute, publicly perform or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement.

4.3.5 Host, provide matchmaking services for, or emulate or redirect the communications protocols used by Meta (or its designees) as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Software or using a utility program to host the Software or otherwise engage in commercial activities with respect to the Service.

4.3.6 Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage and/or modify the Software or the Service, including, without limitation, creating cheats and/or hacks or using third-party software to access files in the Service.

4.3.7 Use “packet sniffing,” scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service or the Software.

4.3.8 Reverse engineer, decompile or disassemble all or any portion of the Service or Software.

4.3.9 Use the Meta Websites or Service or any part thereof for any commercial purpose.

5. Consequences of Violating the Meta Terms of Use.
Meta may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of the Meta Websites and/or Service. Violation of any of the terms and conditions set forth above may result in actions being taken by Meta, effective immediately or at a time determined by Meta, which may include without limitation: (i) temporarily suspending your Account and/or access to the Meta Websites and/or Service, or (ii) permanently terminating your Account and/or access to the Meta Websites and/or Service. Without limiting the foregoing, Meta retains the right to decline service to any user who violates this Agreement or any SLA.

6. Ownership.
6.1 All title, ownership rights and intellectual property rights in and to the Service and the Meta Websites (including without limitation any user accounts, software, titles, computer code, technology, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into Meta Websites, transcripts of the chat rooms, character profile information, and the Meta Website client and server software) are owned by Meta or its licensors. The Service, Meta Websites and any Software are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Service and Meta Websites may contain certain licensed materials, and Meta’s licensors may protect their rights in the event of any violation of this Agreement.

6.2 Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Meta Websites infringe your copyright, you (or your agent) may send a notice requesting that the material be removed or access to it blocked to our Designated Copyright Agent, who can be reached as follows: copyright@metavision.com.

To be effective, the notice must include the following information, in compliance with Section 512(c) of the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Meta Websites are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Meta to locate the material on the Meta Website(s); (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Meta’s Designated Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Meta Website(s).

Please note that these notifications are legal notices. Meta may provide copies of such notices to the participants in the dispute, or to third parties, at Meta’s discretion and as required by law. Please note that the information provided in these notices is not protected or kept confidential.

6.3 Meta Trademarks. For example, META, META 1, META 2, META GLASSES, and the “M” and “META” logos are trademarks or registered trademarks of Meta. You may not use Meta trademarks or trade dress in connection with any product or service that is not owned by Meta, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages Meta or its licensors. Except as expressly provided herein, Meta and its licensors do not grant you any express or implied rights, and all rights, title and interest that Meta has in and to the Meta trademarks, trade dress, or Meta Websites and the content therein that are not expressly granted by Meta to you are retained by Meta.

6.4 License Grant of User-Generated Content to Meta and Others. If and when you contribute content to the Meta Websites (“User-Generated Content”), you expressly grant to Meta a non-exclusive, perpetual, worldwide, fully paid, royalty-free, sub-licensable, transferable and irrevocable right to publish, use, translate, archive, store, reproduce, modify, create derivative works from, distribute and otherwise communicate, and publicly display and publicly perform the User-Generated Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Meta all licenses, consents and clearances to enable Meta to use such User-Generated Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User-Generated Content. If the Meta Website to which you contribute User-Generated Content permits others to access and use that content as part of the Meta Websites or Services, then you also grant all other users of the relevant Meta Website or Services the right to use, copy, modify, display, perform, create derivative works from and otherwise communicate and distribute your User-Generated Content on or through the Meta Website(s) without further notice, attribution or compensation to you. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User-Generated Content will not violate any law, including that such User-Generated Content does not infringe on any third party copyrights, trademarks, or other intellectual property or privacy rights and that such User-Generated Content is not restricted or otherwise prohibited from use and publication outside of your country by the applicable laws and regulations. Meta reserves the right to remove or modify User-Generated Content if it violates these Terms or is offensive. Meta may, in its sole and absolute discretion, suspend or terminate your use of your Account, access to the Service and/or Meta Website(s) if you violate these Terms. Except as otherwise provided in these Terms, Meta does not claim any ownership rights in User-Generated Content.

6.5 All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to Meta (“Feedback”) will be the exclusive property of Meta. You hereby agree that Meta may use, sell, exploit and disclose the Feedback in any manner, without restriction, and without compensation to you.

7. Termination.
7.1 This Agreement is effective until terminated. Either party may terminate this Agreement immediately by delivering to the other party written notice of such termination or by terminating the Account. Meta reserves the right to terminate this Agreement without notice, if, in Meta’s sole and absolute discretion, you fail to comply with any terms contained in this Agreement or SLA.

7.2 Notwithstanding anything to the contrary in this Agreement, Meta reserves the right to suspend, permanently discontinue or terminate the Service, the Meta Website(s), any Software and/or your Account, or your access to any of the foregoing, at any time. Upon any discontinuation or termination of the Service, Meta Website(s), Software or your Account, this Agreement will terminate with respect to the applicable Service, Software, Account and/or Meta Website. IN THE EVENT OF ANY SUSPENSION, DISCONTINUATION OR TERMINATION OF THIS AGREEMENT, THE SERVICE, META WEBSITES, SOFTWARE OR YOUR ACCOUNT, YOU WILL NOT BE ENTITLED TO ANY REFUNDS OR OTHER COMPENSATION FOR ANY REASON.

8. Equitable Remedies.
The rights granted to you and obligations made hereunder to Meta are of a unique and irreplaceable nature, the loss of which will irreparably harm Meta and which cannot be replaced by monetary damages alone. As a result, in the event that you breach this Agreement, you hereby agree that Meta would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Meta will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Meta may otherwise have available to it under applicable laws. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

9. Jurisdiction.
This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of any state and federal courts located in the County of San Mateo, California, United States of America for any claims or proceeding arising out of or related to this Agreement or the Meta Websites and Services, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

10. Severability.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between you and Meta relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and Meta with respect to such subject matter.

11. Waiver.
The failure by Meta to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

12. Limitation of Liability.
NEITHER META NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR META WEBSITES (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES CONTAINED THEREIN), YOUR ACCOUNT, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE META WEBSITES, EVEN IF META HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT META, ITS LICENSORS AND ITS LICENSEES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ON THE META WEBSITES OR USE OF SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE META’S, ITS LICENSORS’ AND ITS LICENSEES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE META WEBSITES, OR ANY PART THEREOF, IS TO STOP USING THE META WEBSITES. THE MAXIMUM AGGREGATE LIABILITY OF META FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT THAT YOU PAID (IF ANY) TO META FOR THE SERVICES. Some jurisdictions do not allow for the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentations, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these Terms and Conditions will be interpreted as excluding liability which cannot be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations in this Section 12 may not apply to you.

13. Disclaimers.
13.1 THE INFORMATION, CONTENT AND MATERIALS ON META WEBSITES AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, META DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. META DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY META WEBSITE OR SERVICE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY META WEBSITE, SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. META DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY META WEBSITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO FROM ANY META WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13.2 Meta explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on websites that link to or from any Meta Website or Service. Meta cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any Meta Website or Service or third-party information, content or materials contained on Meta Websites (including, without limitation, User-Generated Content contained in Public Forums). Meta does not endorse any of the merchandise, nor has Meta taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. Meta does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against Meta with respect to information, content and materials contained on Meta Websites (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to such third party websites (including, without limitation, credit card and other personal information).

13.3 NEITHER META NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES WILL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE META WEBSITES OR THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, META WILL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE META WEBSITES. MOREOVER, NEITHER META NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES WILL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.

13.4 You may not be able to access Meta Websites whenever you want, and there may be extended periods of time where you cannot access Meta Websites. Meta disclaims all responsibility and liability for any interrupted Service or access to the Meta Websites.

13.5 Meta will not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of Meta; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Meta ‘s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

14. Privacy Policy.
You understand that any information provided by you or collected by Meta in connection with your use of the Service and/or Meta Websites will be used in the manner described herein and pursuant to the terms and conditions of the Meta Privacy Policy, such Privacy Policy being incorporated into and made a part of this Agreement by reference. The latest version of the Meta Privacy Policy may be found at: https://www.metavision.com/legal#privacy. If you do not agree to the terms of the Privacy Policy, you may not use the Service or Meta Websites. Without limiting the terms of the Privacy Policy, you understand that Meta does not guarantee that your use of the Service, Meta Websites and/or the information contained in your Account will be private or secure, and Meta is not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.

15. General Provisions.
15.1 Links. You should be aware that when you are using the Service and/or Meta Websites, you could be directed to other websites that are beyond Meta’ control. There may be links to other sites from the Meta Websites or Services that take you away from the Meta Websites. These links are for convenience only and you access them at your own risk. Meta takes no responsibility and assumes no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

15.2 By permitting advertising on the Meta Websites and/or Services, Meta makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. Meta specifically disclaims liability for direct, indirect, incidental, consequential, special, exemplary or punitive damages of any kind or under any theory of law arising from such advertisements. By responding to an advertisement on any of the Meta Websites, you waive any claims against Meta for damages arising from such advertisement or your reliance upon statements in such advertisement. YOU AGREE THAT USE OF SUCH THIRD-PARTY WEBSITES AND SERVICES IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY META, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/OR NONINFRINGEMENT. META DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH OR LINKED TO OR FROM THE META WEBSITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, WHETHER OR NOT META MAY HAVE RECEIVED SOME FORM OF REVENUE OR OTHER REMUNERATION IN CONNECTION WITH ANY SUCH TRANSACTION.

15.3 Indemnification of Meta. AS A CONDITION OF YOUR ACCESS TO AND USE OF THE META WEBSITES AND/OR SERVICE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD META AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS AND OTHER REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (i) YOUR ACCESS TO AND USE OF THE META WEBSITES AND/OR SERVICE AND THE CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, ANY ALLEGATIONS THAT ANY CONTENT YOU SUBMIT OR TRANSMIT WHILE USING THE META WEBSITE AND/OR SERVICE INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PERSON OR PARTY, OR ANY LAWS AND REGULATIONS WITH RESPECT TO THE USE AND PUBLICATION OF SUCH CONTENT OUTSIDE OF YOUR COUNTRY; (ii) YOUR VIOLATION OF THIS AGREEMENT, ANY SLA, THE META PRIVACY POLICY, ANY SPECIFIC RULES PUBLISHED WITHIN THE META WEBSITES AND/OR SERVICE AND ANY APPLICABLE LAW OR THE RIGHTS OF ANY OTHER PERSON; (iii) ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE META WEBSITES AND/OR SERVICE; (iv) META’S RESOLUTION (IF ANY) OF ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE META WEBSITES AND/OR SERVICE; (v) YOUR IMPROPER AUTHORIZATION FOR META TO COLLECT, USE, OR DISCLOSE ANY DATA OR CONTENT PROVIDED BY YOU; AND (vi) ANY DISCLOSURES MADE WITH YOUR PERMISSION (INCLUDING, WITHOUT LIMITATION, YOUR CONSENT THAT META DISCLOSE YOUR PERSONAL INFORMATION AND OTHER INFORMATION COLLECTED AS SET FORTH IN META’S PRIVACY POLICY).