elements of a valid contract
review the terms of service for Facebook.
Using the information derived from the textbook reading, discuss contractual
issues that may arise between Facebook and its users. For example, does the use
of Facebook legally bind the user to the terms of service? Identify the
essential elements of a valid contract and discuss whether those elements exist
between Facebook and its users based on the terms of service.Below is the Term of Service for Facebook: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: January 30,
2015 Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement,"
"Terms," or "SRR") derives from the
Facebook Principles, and is our terms of service that governs our
relationship with users and others who interact with Facebook, as well as
Facebook brands, products and services, which we call the “Facebook
Services” or “Services”. By using or accessing the Facebook
Services, you agree to this Statement, as updated from time to time in
accordance with Section 13 below. Additionally, you will find resources at the
end of this document that help you understand how Facebook works. Because Facebook provides a wide
range of Services, we may ask you to review and accept
supplemental terms that apply to your interaction with a specific app, product,
or service. To the extent those supplemental terms conflict with this SRR, the
supplemental terms associated with the app, product, or service govern with
respect to your use of such app, product or service to the extent of the
conflict. 1.Privacy
Your privacy is very important to us. We designed our Data
Policy to make important disclosures about how you can use Facebook
to share with others and how we collect and can use your content and
information. We encourage you to read the Data
Policy, and to use it to help you make informed decisions.
2.Sharing
Your Content and Information
You own all of the content and information you post on Facebook, and you can
control how it is shared through your privacy
and application settings. In addition: 1.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 Facebook (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. 2.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).3.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
Policy and Platform Page.)4.When you publish content or
information using the Public setting, it means that you are allowing everyone,
including people off of Facebook, to access and use that information, and to
associate it with you (i.e., your name and profile picture).5.We always appreciate your feedback
or other suggestions about Facebook, but you understand that we may use your
feedback or suggestions without any obligation to compensate you for them (just
as you have no obligation to offer them).
3.Safety
We do our best to keep Facebook safe, but we cannot guarantee it. We need your
help to keep Facebook safe, which includes the following commitments by you: 1.You will not post unauthorized
commercial communications (such as spam) on Facebook.2.You will not collect users' content
or information, or otherwise access Facebook, using automated means (such as
harvesting bots, robots, spiders, or scrapers) without our prior permission.3.You will not engage in unlawful
multi-level marketing, such as a pyramid scheme, on Facebook.4.You will not upload viruses or other
malicious code.5.You will not solicit login information
or access an account belonging to someone else.6.You will not bully, intimidate, or
harass any user.7.You will not post content that: is
hate speech, threatening, or pornographic; incites violence; or contains nudity
or graphic or gratuitous violence.8.You will not develop or operate a
third-party application containing alcohol-related, dating or other mature
content (including advertisements) without appropriate age-based restrictions.9.You will not use Facebook to do
anything unlawful, misleading, malicious, or discriminatory.10.You will not do anything that could disable, overburden, or
impair the proper working or appearance of Facebook, such as a denial of
service attack or interference with page rendering or other Facebook
functionality.11.You will not facilitate or encourage any violations of this
Statement or our policies.
4.Registration
and Account Security
Facebook 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: 1.You will not provide any false
personal information on Facebook, or create an account for anyone other than
yourself without permission.2.You will not create more than one
personal account.3.If we disable your account, you will
not create another one without our permission.4.You will not use your personal
timeline primarily for your own commercial gain, and will use a Facebook Page
for such purposes.5.You will not use Facebook if you are
under 13.6.You will not use Facebook if you are
a convicted sex offender.7.You will keep your contact
information accurate and up-to-date.8.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 your account.9.You will not transfer your account
(including any Page or application you administer) to anyone without first
getting our written permission.10.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).
5.Protecting
Other People's Rights
We respect other people's rights, and expect you to do the same. 1.You will not post content or take
any action on Facebook that infringes or violates someone else's rights or
otherwise violates the law.2.We can remove any content or
information you post on Facebook if we believe that it violates this Statement
or our policies.3.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.4.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.5.If you repeatedly infringe other
people's intellectual property rights, we will disable your account when
appropriate.6.You will not use our copyrights or
Trademarks or any confusingly similar marks, except as expressly permitted by
our Brand Usage Guidelines or with our prior written permission.7.If you collect information from
users, you will: obtain their consent, make it clear you (and not Facebook) are
the one collecting their information, and post a privacy policy explaining what
information you collect and how you will use it.8.You will not post anyone's
identification documents or sensitive financial information on Facebook.9.You will not tag users or send email
invitations to non-users without their consent. Facebook offers social
reporting tools to enable users to provide feedback about tagging.
6.Mobile and
Other Devices1.We currently provide our mobile
services for free, but please be aware that your carrier's normal rates and
fees, such as text messaging and data charges, will still apply.2.In the event you change or deactivate
your mobile telephone number, you will update your account information on
Facebook within 48 hours to ensure that your messages are not sent to the
person who acquires your old number.3.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 Facebook.
7.Payments
If you make a payment on Facebook, you agree to our Payments
Terms unless it is stated that other terms apply.
8.Special
Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website or if
you use Social Plugins, you must comply with the Facebook
Platform Policy. 9.About
Advertisements and Other Commercial Content Served or Enhanced by Facebook
Our goal is to deliver advertising and other commercial or sponsored content
that is valuable to our users and advertisers. In order to help us do that, you
agree to the following: 1.You give us permission to use your
name, profile picture, content, and information in connection with commercial,
sponsored, or related content (such as a brand you like) served or enhanced by
us. This means, for example, that you permit a business or other entity to pay
us to display your name and/or profile picture with your content or
information, without any compensation to you. If you have selected a specific
audience for your content or information, we will respect your choice when we
use it. If you are under the age of eighteen (18), you represent that a parent
or legal guardian also agrees to this section on your behalf. (This language is
included pursuant to a court-approved legal settlement.)2.We do not give your content or
information to advertisers without your consent.3.You understand that we may not
always identify paid services and communications as such.
10.Special Provisions Applicable to Advertisers
If you use our self-service advertising creation interfaces for creation,
submission and/or delivery of any advertising or other commercial or sponsored
activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree
to our Self-Serve Ad Terms. In addition, your
advertising or other commercial or sponsored activity or content placed on
Facebook or our publisher network will comply with our Advertising
Policies. 11.Special Provisions Applicable to Pages
If you create or administer a Page on Facebook, or run a promotion or an offer
from your Page, you agree to our Pages
Terms.
12.Special Provisions Applicable to Software1.If you download or use our software,
such as a stand-alone software product, an app, or a browser plugin, you agree
that from time to time, the software may download and install upgrades, updates
and additional features from us in order to improve, enhance, and further
develop the software.2.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.13.Amendments1.We’ll notify you before we make
changes to these terms and give you the opportunity to review and comment on
the revised terms before continuing to use our Services.2.If we make changes to policies,
guidelines or other terms referenced in or incorporated by this Statement, we
may provide notice on the Site Governance Page.3.Your continued use of the Facebook Services,
following notice of the changes to our terms, policies or guidelines,
constitutes your acceptance of our amended terms, policies or guidelines.
14.Termination
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
Facebook 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, 9.3, and 14-18.
15.Disputes1.You will resolve any claim, cause of
action or dispute (claim) you have with us arising out of or relating to this
Statement or Facebook exclusively in the U.S. District Court for the Northern
District of California or a state court located in San Mateo County, and you
agree to submit to the personal jurisdiction of such courts for the purpose of
litigating all such claims. 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. 2.If anyone brings a claim against us
related to your actions, content or information on Facebook, 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 Facebook and are not responsible for the content or information
users transmit or share on Facebook. We are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content or
information you may encounter on Facebook. We are not responsible for the
conduct, whether online or offline, of any user of Facebook. 3.WE TRY TO KEEP FACEBOOK UP,
BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FACEBOOK
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 FACEBOOK WILL ALWAYS BE SAFE, SECURE
OR ERROR-FREE OR THAT FACEBOOK WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS
OR IMPERFECTIONS. FACEBOOK 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 OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER 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 FACEBOOK, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE
LIABILITY ARISING OUT OF THIS STATEMENT OR FACEBOOK 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, FACEBOOK'S LIABILITY WILL BE LIMITED TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16.Special 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 Facebook outside the United States: 1.You consent to having your personal
data transferred to and processed in the United States.2.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 Facebook (such as advertising or payments) or operate a Platform application
or website. You will not use Facebook if you are prohibited from receiving
products, services, or software originating from the United States.3.Certain specific terms that apply
only for German users are available here. 17.Definitions1.By "Facebook" or” Facebook
Services” we mean the features and services we make available, including
through (a) our website at www.facebook.com and any other Facebook 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,
brands, products, services, software (such as a toolbar), devices, or networks
now existing or later developed. Facebook reserves the right to designate, in
its sole discretion, that certain of our brands, products, or services are
governed by separate terms and not this SRR.2.By "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 Facebook or
provide data to us.3.By "information" we mean
facts and other information about you, including actions taken by users and
non-users who interact with Facebook.4.By "content" we mean
anything you or other users post, provide or share using Facebook Services.5.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 Facebook or
provide to Facebook through Platform.6.By "post" we mean post on
Facebook or otherwise make available by using Facebook.7.By "use" we mean use, run,
copy, publicly perform or display, distribute, modify, translate, and create
derivative works of.8.By "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.9.By “Trademarks” we mean the list of
trademarks provided here.
18.Other1.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 Facebook, Inc. Otherwise, this Statement is an
agreement between you and Facebook Ireland Limited. References to “us,”
“we,” and “our” mean either Facebook, Inc. or Facebook Ireland Limited, as appropriate.2.This Statement makes up the entire
agreement between the parties regarding Facebook, and supersedes any prior
agreements.3.If any portion of this Statement is
found to be unenforceable, the remaining portion will remain in full force and
effect.4.If we fail to enforce any of this
Statement, it will not be considered a waiver.5.Any amendment to or waiver of this
Statement must be made in writing and signed by us.6.You will not transfer any of your
rights or obligations under this Statement to anyone else without our consent.7.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.8.Nothing in this Statement shall
prevent us from complying with the law.9.This Statement does not confer any
third party beneficiary rights.10.We reserve all rights not expressly granted to you.11.You will comply with all applicable laws when using or
accessing Facebook.
By using or accessing Facebook Services, you agree that we can collect and use
such content and information in accordance with the Data
Policy as amended from time to time. You may also want to review the
following documents, which provide additional information about your use of
Facebook:
Payment Terms: These additional terms apply
to all payments made on or through Facebook, unless it is stated that
other terms apply.
Platform Page: This page helps you better
understand what happens when you add a third-party application or use
Facebook Connect, including how they may access and use your data.
Facebook Platform Policies: These guidelines
outline the policies that apply to applications, including Connect sites.
Advertising Policies: These guidelines
outline the policies that apply to advertisements placed on Facebook.
Self-Serve Ad Terms: These terms apply when
you use the Self-Serve Ad Interfaces to create, submit, or deliver any
advertising or other commercial or sponsored activity or content.
Promotions Guidelines: These guidelines
outline the policies that apply if you offer contests, sweepstakes, and
other types of promotions on Facebook.
Facebook Brand Resources:
These guidelines outline the policies that apply to use of Facebook
trademarks, logos and screenshots.
How to Report Claims of Intellectual Property
Infringement
Pages Terms: These guidelines apply to your
use of Facebook Pages.
Community Standards: These guidelines
outline our expectations regarding the content you post to Facebook and
your activity on Facebook.