Meta Avatars Terms of Service
    Last Updated: 1 October 2024
    Subject to these Meta Avatars Terms of Service (these "Avatars Terms"), Meta may offer you the opportunity on Meta's platforms to (1) access certain software tools ("Avatar Tools") that can be used by you to assemble or generate digital representations of your virtual self for self-expression (each, a "MetaAvatar") and digital clothing, accessories or assets for your Meta Avatar ("Generated Avatar Items" and together with Meta Avatars, "Generated Content") and (2) purchase through Meta's Avatars Store the right to access and use certain digital clothing, accessories and other items distributed by Meta or its licensors ("LicensedAvatar Items") (Generated Avatar Items and Licensed Avatar Items are collectively referred to herein as "Avatar Items").
    Our provision of services related to Meta Avatars, Avatar Items, the Avatars Store, Avatar Tools (each as defined herein) and any related experiences and services as further described herein are collectively referred to as the "Avatars Services". If you access or use the Avatars Services, these Avatars Terms will govern any such access or use. These Avatars Terms constitute an agreement between you and Meta ("Meta", "us", "we" or "our"), so please review these Avatars Terms carefully.
    In addition to these Avatars Terms, the Meta Terms of Service, the Supplemental Meta Platforms Technologies Terms of Service (the "MPT Terms"), the Instagram Terms of Use, the Community Payment Terms, the Facebook Community Standards, the Instagram Community Guidelines, Meta's Code of Conduct for Virtual Experiences, the Meta AIs Terms of Service and any other Meta terms, policies or guidelines that are applicable to you (collectively, and each as may be updated by Meta from time to time, the "Additional Terms") apply to your use of (including access to) Meta Avatars and other Avatars Services. You may also be able to access and use third-party software and services (collectively, "Third-party Services") in connection with your use of the Avatars Services. Your use of any Third-party Services is at your own risk, and you acknowledge that such use may be subject to additional terms, conditions, fees and policies imposed by the provider of the applicable Third-party Service (collectively, "Third-party Terms"). You are responsible for complying with any applicable Third-party Terms, and you agree to review any applicable Third-party Terms prior to using any Third-party Services.
    The Meta Privacy Policy, Supplemental Meta Platforms Technologies Privacy Policy, AutoGen Help Page, Instant Avatars Help Page and GenAI Privacy Notice (each as may be updated by Meta from time to time) explain how we collect, use and share your personal information in connection with the Avatars Services (consistent with your privacy and application settings). Meta Avatars are public content as defined in the Meta Privacy Policy and Supplemental Meta Platforms Technologies Privacy Policy. Your Meta Avatar is public and may be viewed by, interacted with and shared by other users across Meta Company Products. If you are a parent or guardian of a child between the ages of 10 and 12 and you wish to grant your child access to the Avatars Services via a Meta account, please also review the Parent Privacy Disclosure.
    BY USING THE AVATARS SERVICES, YOU AFFIRM EITHER (1) THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO THESE AVATARS TERMS; OR (2) IF YOU ARE NOT OF LEGAL AGE IN YOUR JURISDICTION, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE AVATARS TERMS. IF YOU ARE NOT OF LEGAL AGE IN YOUR JURISDICTION, YOU MAY ONLY USE THE AVATARS SERVICES WITH THE PERMISSION AND UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES BOTH TO BE BOUND BY THESE AVATARS TERMS AND TO BIND YOU TO THESE AVATARS TERMS. Notwithstanding the foregoing, certain minimum age restrictions do apply to the Avatars Services depending on the specific Meta Company Product (as defined here) through which you are accessing the Avatars Services; such minimum age restrictions are as set forth in the applicable Additional Terms.
    ARBITRATION NOTICE: YOU AGREE THAT, AS SET OUT IN THE "DISPUTE RESOLUTION" SECTION BELOW, ANY DISPUTES THAT YOU MAY HAVE AGAINST US OR OUR AFFILIATES ARISING OUT OF OR RELATED TO THESE AVATARS TERMS, THE AVATARS SERVICES OR YOUR USE THEREOF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS (INCLUDING WHERE CONSUMER LAWS IN YOUR COUNTRY OF RESIDENCE PROVIDE ADDITIONAL RIGHTS) AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
    1. Updates. We may update these Avatars Terms from time to time by notifying you of the updated Avatars Terms, at least 30 days before we make changes, by any reasonable means. Any changes to these Avatars Terms will not apply to any dispute between you and us arising prior to the date on which we notified you of the updated Avatars Terms. Your use of the Avatars Services, including any Meta Avatar, following any changes to these Avatars Terms will constitute your acceptance of such changes. The "Last updated" legend above indicates when these Avatars Terms were last changed.
    2. Accounts. You must have an active, personal Facebook, Instagram, Meta or other Meta-supported account in order to access and use the Avatars Services. The account that is first used to generate or assemble Generated Content or to Acquire (as defined below) a Licensed Avatar Item is referred to as the "Controlling Account" for such Generated Content or Licensed Avatar Item, as applicable. In order to access or use such Generated Content or Licensed Avatar Item on any additional account, you must connect the additional account to the Controlling Account via the Account Centre (each additional account once connected, a "Connected Account"). If you delete a Controlling Account or such Controlling Account is otherwise suspended or disabled, your Avatar and other Generated Content associated with such Controlling Account may still be accessible via the Connected Account(s); however, any Licensed Avatar Items associated with such Controlling Account will be deleted and will no longer be accessible via any Connected Account(s). You will not receive a refund for any Licensed Avatar Items that are no longer accessible due to the suspension, disabling or deletion of the Controlling Account associated with such Licensed Avatar Items in accordance with this Section 2.
      Business accounts may be permitted by Meta to Acquire, at no charge, certain Licensed Avatar Items designated by Meta for such accounts and made available by Meta in the Avatars Services. Licensed Avatar Items purchased in connection with a personal Controlling Account may not be accessed or used in connection with any business account. You acknowledge that if you convert your personal account to a business account, any Licensed Avatar Items associated with your personal account may no longer be accessible and you will not be entitled to a refund in connection with such Licensed Avatar Items. If you delete a business account or such account is otherwise suspended or disabled, any Licensed Avatar Items associated with such business account will be deleted and will no longer be accessible. You will not receive a refund for any Licensed Avatar Items that are no longer accessible due to the suspension, disabling or deletion of the business account associated Licensed Avatar Items.
    3. Generated Content.
      1. Avatar Tools.
        1. As part of the Avatars Services, Meta may offer you access to Avatar Tools that can be used to assemble or generate a Meta Avatar or Generated Avatar Items. For example, Avatar Tools may include (A) tools that allow you to assemble an Avatar by selecting from a collection of pre-determined attributes made available by Meta; (B) tools that enable us to create an Avatar for you based on a selfie video recording or photo of yourself submitted by you (e.g. AutoGen), or based on one or more of your public profile photos on Meta Company Products (e.g. Instant Avatars); and (C) tools that enable us to create Generated Avatar Items based on text prompts or descriptions submitted by you. Certain Avatars Services, including certain Avatar Tools, may not be available in all locations.
        2. If, in connection with your use of the Avatar Tools, you provide us with access to, or otherwise make available to us, any images, videos or other content, including any selfie video recordings or photos or any profile photos ("User Content"), you hereby grant to Meta a non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, fully paid up, worldwide licence to reproduce, distribute, modify, create derivative works based upon, perform and display (publicly or otherwise), and otherwise use such User Content and your image, likeness and other personal characteristics as captured or reflected therein (your "Persona") in connection with Generated Content and the Avatars Services, including the marketing and promotion thereof (consistent with your privacy and application settings). This licence will end when your User Content is deleted from our systems. Please review the Meta Privacy Policy for instructions on how to manage and delete your information.
          You hereby acknowledge and agree that, even if a Meta Avatar is generated from your User Content, such Meta Avatar may nevertheless have similarities to other Meta Avatars, and that Meta has no responsibility or liability for any similarities between or among Meta Avatars, and that you will not object to, and will have no right to prevent, other Avatars Services users from having such Meta Avatars. Further, you hereby acknowledge that any Meta Avatar generated from your User Content will not, and is not intended to, reflect your Persona.
        3. You hereby acknowledge and agree that (A) there are a finite number of assets and features used to create Meta Avatars and Generated Avatar Items and, as a result, other users of the Avatars Services may create or generate a Meta Avatar or Generated Avatar Item with an identical or similar combination of assets and features as those used by you for your Meta Avatar or Generated Avatar Items, and (B) you will not object to, and have no right to prevent, other Avatars Services users from having such Meta Avatars or Generated Avatar Items.
      2. Licence to Generated Content. Subject to these Avatars Terms, and solely for so long as you are permitted by Meta to use the Avatars Services, by assembling or generating a Meta Avatar or Generated Avatar Items using an Avatar Tool, Meta grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use such Meta Avatar or Generated Avatar Items solely for your personal, non-commercial use (except as expressly set forth in the "Limited Commercial Use" section below). If you materially or repeatedly fail to comply with these Avatars Terms, the rights granted to you herein shall immediately terminate and you shall cease all use of the Avatars Services, including any Meta Avatar and Generated Avatar Items.
      3. Additional caveats. Meta does not guarantee that any Avatar Tool or Generated Content will be made available or, if made available, will remain available. Meta may, at any time, remove any Avatar Tool or Generated Content from any Meta Company Product or change, supplement, impose additional restrictions or limits on, suspend, delete or discontinue any Avatar Tool or Generated Content for any reason, except where reasonable advance notice is required by law, in which case we will provide such notice. If we remove any Generated Content for violation of the Community Standards, we will let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability, harm to other users, or compromise the integrity or operation of our services.
    4. MetaAvatars Store; Licensed Avatar Items.
      1. Meta Avatars Store. As part of the Avatars Services, and subject to compliance with these Avatars Terms, Meta makes available a digital store where users can access, view, interact with, and purchase or otherwise acquire a licence to use Licensed Avatar Items (the "Avatars Store") for their Meta Avatar (any such purchase or acquisition, an "Acquisition"). For clarity, some Licensed Avatar Items may be made available in the Avatars Store for Acquisition at no charge.
      2. Licensed Avatar Items Listings. The Avatars Store may make available listings, descriptions and images of Licensed Avatar Items, or related discounts. The availability through the Avatars Store of any listing, description or image of a Licensed Avatar Item does not imply our endorsement of, or affiliation with, any third-party licensor(s) associated with such Licensed Avatar Item. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Licensed Avatar Item (including the validity of any discount) are subject to change at any time without notice, except where reasonable advance notice is required by law in which case we will provide such notice. Descriptions of Licensed Avatar Items are approximate and are for convenience only. The colours of Avatar items may vary depending on the device on which you are viewing such items, and we cannot guarantee that a device will accurately display such colours. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Licensed Avatar Item.
      3. Licensed Avatar Items. All Licensed Avatar Items are licensed, not sold, to you under these Avatars Terms, and references to "sale" or "purchase" relate solely to acquiring a licence to access and use a Licensed Avatar Item. Subject to these Avatars Terms and the Additional Terms, and solely for so long as you are permitted by Meta to use the Avatars Services, by completing an Acquisition of a Licensed Avatar Item, you receive from Meta a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use such Licensed Avatar Item that is the subject of such purchase, solely for your personal, non-commercial use (except as expressly set forth in the "Limited Commercial Use" section below).
        Meta does not guarantee that any Licensed Avatar Items will be made available or, if made available, will remain available. Meta may, at any time, remove any Licensed Avatar Item from any Meta Company Product or change, supplement, impose additional restrictions or limits on, suspend, delete or discontinue any Licensed Avatar Item or these Avatars Terms for any reason, except where reasonable advance notice is required by law in which case we will provide such notice. You further acknowledge that Licensed Avatar Items Acquired by you may not be unique, and that we may make available identical or similar Licensed Avatar Items to other users of the Avatars Services.
        Certain Licensed Avatar Items may only be accessed and used for a limited period of time or a limited number of times. If you Acquire such a Licensed Avatar Item, it will be removed from your inventory or otherwise become unavailable to you after such period has elapsed or the total number of uses has been reached, as applicable.
      4. Third-party Content. Licensed Avatar Items may incorporate content owned by a third party, including third-party logos, brands, or designs ("Third-party Content"). You acknowledge and agree that you have no right to use such Third-party Content in any way except as incorporated into a Licensed Avatar Item and in accordance with these Avatars Terms, the Additional Terms and any applicable Third-party Terms.
      5. Purchases. Your use of payment features in connection with an Acquisition is subject to the Community Payment Terms and, depending on how you access the Avatars Store, your Acquisition(s) may also be subject to Third-party Terms (for example, certain Third-party Terms of Apple or Google may apply to Acquisitions conducted, respectively, via the iOS platform or the Android platform).
        By tapping the "Buy Now", "Add" or a similar button located in various sections of the Avatars Store concerning the Licensed Avatar Item of your choice, you agree to the Acquisition of such Licensed Avatar Item. When making an Acquisition, you may be required to provide some or all of the following information: your name, postal address, billing information and other information as required by law. You represent and warrant that all information is accurate and complete. You are responsible for ensuring that your account information (including any contact information) is kept current. We will have no responsibility or liability for inaccurate or incomplete information or for information that later becomes outdated. Additionally, we have no obligation to make efforts to determine your correct information. You acknowledge that there may be a delay between completion of an Acquisition and the availability of the Licensed Avatar Item(s) that is the subject of the Acquisition.
        In connection with your Acquisitions, Meta or a third-party payment processor will collect, process and store your payment and related information, which may include certain personal information.
        We reserve the right, including without prior notice, to: (i) limit the available quantity of, or discontinue making available, any Licensed Avatar Item; (ii) impose conditions on the honouring of any discount or similar promotion; (iii) bar any user from making any Acquisition; and/or (iv) refuse to provide, or continue to provide, any user with any Licensed Avatar Item. We will, however, provide reasonable advance notice where such notice is required by law.
        You agree to pay all charges incurred by you or on your behalf through the Avatars Services, at the prices in effect when such charges are incurred. If your purchase is subject to any type of use or sales tax, duty or other governmental tax or fee ("taxes"), then you may be charged for those taxes. You are responsible for any Taxes due with respect to your purchase of Licensed Avatar Items.
      6. Refunds. All Acquisitions on the Avatars Store are final except as required by applicable law. Except where a full or pro-rated refund is required by applicable law, acquisitions of Licensed Avatar Items are not redeemable or subject to refund by Meta and cannot be traded for money or other items of value. To the extent that you engage in an Acquisition via a Third-party Service, the provider of such Third-party Service may allow for refunds under certain circumstances pursuant to its applicable Third-party Terms; if so, you will need to deal directly with such provider (and not with us) if you seek a refund in connection with such Acquisition.
    5. Ownership. You acknowledge and agree that, as between you and Meta, Meta and/or its third-party licensors own, and will retain all right, title and interest in and to, the Avatars Services, including any and all Meta Avatars, Avatar Items and Avatar Tools. To the extent you have or obtain any right, title or interest in or to the Avatars Services, including any Meta Avatar, Avatar Items or Avatar Tools, you hereby assign to Meta all such right, title and interest, including any intellectual property rights therein. If, for any reason, the above assignment of rights is ineffective, you hereby grant to Meta a non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, fully paid up, irrevocable, worldwide licence to reproduce, distribute, modify, create derivative works based upon, perform and display (publicly or otherwise), and otherwise use any rights you may have in or to the Avatars Services, including any Meta Avatar, Avatar Items and Avatar Tools, including in the marketing and promotion thereof.
    6. Restrictions. In connection with the Avatars Services, you must not: (a) reverse engineer, decompile or disassemble, or otherwise attempt to discover the object code, source code or underlying algorithms relating to the Avatars Services or any portion thereof (including any Meta Avatar or Avatar Item), except where such restriction is expressly prohibited by applicable law; (b) modify, translate or create derivative works based upon the Avatars Services or any portion thereof, including any Meta Avatar; or (c) remove or alter any copyright, trademark or other proprietary rights notice from the Avatars Services or any portion thereof.
    7. Community Standards. You represent and warrant that you: (a) will neither submit, nor attempt to submit, to the Avatars Services any User Content featuring any individual other than yourself; (b) are the only individual whose Persona is featured in any User Content submitted by you to the Avatars Services; (c) in connection with your User Content or any Generated Content, will not impersonate or seek to impersonate any individual or entity, adopt the Persona of another individual, or otherwise engage in any misleading, deceptive or fraudulent conduct; (d) will not use the Avatars Services, including any Meta Avatar, to produce, share or otherwise make available any content or engage in any behaviour that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libellous, vulgar, lewd, invasive of another's privacy, right of publicity or other proprietary rights, or that otherwise violates the Community Standards; (e) will neither transfer, sell, gift, exchange, share, trade, lease, sublicense or rent any Generated Content to any third party, nor attempt to do or encourage others to do any of the foregoing; or (f) will not otherwise violate applicable law.
    8. Personal Use; Limited Commercial Use.
      1. Personal Use. Except as expressly permitted under the "Limited Commercial Use" section or as otherwise authorised by us in writing: (i) you may only use the Avatars Services (including any Meta Avatar, Avatar Items or Avatar Tools) for your personal, non-commercial use; and (ii) you shall not, and shall not permit any third party to (A) access or use the Avatars Services for any commercial purpose or resale, or (B) generate or receive any income or other consideration from or in connection with anyuse of the Avatars Services, including any use in connection with any Third-party Services.
        If we determine or suspect that you have violated any of the restrictions set forth in this subsection (a), we may suspend or terminate (at our discretion) your right to use the Avatars Services, including any Meta Avatar, Avatar Items and/or Avatar Tools. Following any such suspension or termination, any subsequent ability to use the Avatars Services will be at Meta's sole discretion.
      2. Limited Commercial Use. As a limited exception to the foregoing, you may use your Meta Avatar and any Avatar Items for commercial, business and other non-personal purposes only in connection with (i) certain Meta Company Products, and only as so designated by Meta in connection with such Meta Company Products; and (ii) certain Third-party Services that permit such use (but subject to any limitations imposed by the applicable providers of such Third-party Services and by Meta in connection with the applicable Meta Company Products through which such Third-party Services are made available) ("commercial use"). Notwithstanding the foregoing, any commercial use shall (A) comply with these Avatars Terms, the Additional Terms and any applicable Third-party Terms; (B) comply with all applicable laws, including applicable government regulations or guidelines concerning endorsements, advertising and promotions, including the US Federal Trade Commission's Endorsement Guides; (C) be neither derogatory to Meta nor damage the value, reputation or goodwill of Meta or any of its products or brands (as determined by Meta); (D) neither suggest nor imply any form of association, approval or endorsement by Meta or any third party where none exists; and (E) not include any falsehoods or misrepresentations about Meta or any third parties.
        Without limiting the generality of the foregoing, you represent and warrant that, in connection with any commercial use, you have reviewed and will comply with the US Federal Trade Commission's Endorsement Guides, including any disclosure obligations; and any endorsement, advertising or promotion in connection with the commercial use will reflect your honest opinions, beliefs and/or experiences, and will not be false, deceptive or misleading.
        To the extent that the commercial use relates to branded content (as defined in the Branded Content Policies), such content is governed by the Branded Content Policies as if it were posted using the branded content tool.
        If we determine or suspect that you have violated any of the restrictions set forth in this subsection (b), or if we receive objections from others regarding any commercial use by you, we may, with immediate effect and without notice to you, revoke your permission for you to make commercial use of your Avatar and/or Avatar Items, or may suspend or terminate (at our discretion) your right to use the Avatars Services and/or any Meta Avatar or Avatar Items. Following any such suspension or termination, any subsequent ability to use the Avatars Services (or any portion thereof) will be at Meta's sole discretion.
    9. Termination. These Avatars Terms are effective until terminated by us or by you. If you materially or repeatedly fail to comply with these Avatars Terms, you shall immediately cease using the Avatars Services, including any Generated Content or Licensed Avatar Items, and any licence to any Generated Content or Licensed Avatar Items granted to you will terminate automatically. In addition to any termination or suspension rights set forth in the Additional Terms, we may terminate or suspend your access to the Avatars Services or to any specific Generated Content or Licensed Avatar Items on any or all relevant Meta Company Products at any time by providing reasonable advance notice if required by law, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Avatars Terms. Upon any such termination or suspension, your right to use the Avatars Services will immediately cease. Sections 3 (except 3.b), 4 (except 4.b), 5, 6, 7 and 9-15 of these Avatars Terms will survive any termination of the Avatars Services and/or these Avatars Terms.
    10. Feedback.If you submit to us any comments, questions, suggestions, use cases (whether actual or proposed), problems, issues, ideas, results or other feedback relating to your use of the Avatars Services ("Feedback"), we and our designees may freely use and otherwise exploit such Feedback in connection with any of our products or services or those of any of our affiliates or business partners, without obligation or compensation to you. You hereby assign to Meta all rights, titles and interest in and to any Feedback, without any right to compensation from Meta, and nothing in these Avatars Terms or in the parties' dealings arising out of or related to these Avatars Terms or the Avatars Services will restrict Meta's right to use, profit from, disclose, publish, keep secret or otherwise exploit any Feedback, without compensating or crediting you, the individual employee, or other authorised personnel providing such Feedback.
    11. Disclaimers.The Avatars Services, including any Meta Avatar, Avatar Items, Generated Content and Avatar Tools, are provided "AS IS" and we make no representations or guarantees that they will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the fullest extent permitted by law, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR: (A) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, THE AVATARS SERVICES, INCLUDING ANY META AVATAR OR AVATAR ITEMS (INCLUDING THIRD-PARTY CONTENT); (B) ANY USER CONTENT, THIRD-PARTY CONTENT OR OTHER CONTENT THAT YOU, ANOTHER USER OR A THIRD PARTY CREATES, POSTS, SENDS, RECEIVES OR STORES ON OR THROUGH THE AVATARS SERVICES; (C) THE COMPLETENESS, QUALITY, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE AVATARS SERVICES; (D) ANY HARM TO YOUR DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE AVATARS SERVICES; (E) THE OPERATION OR COMPATIBILITY OF THE AVATARS SERVICES, INCLUDING ANY META AVATAR OR AVATAR ITEMS (INCLUDING THIRD-PARTY CONTENT), WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (F) ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES; AND (G) WHETHER OR NOT THE AVATARS SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
      META ASSUMES NO OBLIGATIONS OR LIABILITY WITH RESPECT TO THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES, AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES.
      We do not control or direct what Avatars Services users and other third parties do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful and other objectionable content). Your rights are not modified by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of the Avatar Services, do not permit it.
    12. Indemnification.To the maximum extent permitted by applicable law, you agree to defend (at our request), indemnify and hold harmless Meta and its affiliates from and against any claims, liabilities, damages, losses and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of or in any way connected with: (a) any actual or alleged breach of these Avatars Terms, the Additional Terms or any Third-party Terms by you or by any third party to whom you have made available access to or use of the Avatars Services; (b) any use of the Avatars Services in violation of applicable law by you or associated with your account; (c) your use of, or activities in connection with, the Avatars Services, including, without limitation, any commercial use; (d) your violation of any rights of any third party; (e) any dispute between you and any other user of the Avatars Services related to the Avatars Services (including any Meta Avatar, Avatar Item or User Content); (f) your User Content; and (g) your negligence or wilful misconduct. In the event that Meta requests that you provide Meta's defence to such a claim, you agree that, in providing such defence, Meta: (x) shall be consulted regarding, and shall have the right to approve (at our sole discretion), defence strategy, any appeal and any settlement of the claim; (y) shall have the right to select defence counsel; and (z) may further participate in the defence of the claim with counsel of our own choice at our own expense.
    13. Limitation of liability.We cannot predict when issues might arise with the Avatars Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and, subject to this limitation, under no circumstance will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Avatars Terms or the Avatars Services, even if we have been advised of the possibility of such damages.
      Our aggregate liability arising out of or relating to these Avatars Terms, the Avatars Services (including any Meta Avatar or Avatar Items), or any Third-party Services will not exceed the greater of: (a) the amount you have actually paid to us in connection with the Avatars Services in the twelve (12) months preceding the date on which the claim arose; and (b) one-hundred US dollars (USD 100). THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU.
    14. Dispute resolution.
      PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT. THIS "DISPUTE RESOLUTION" SECTION REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES WITH US (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) ARISING OUT OF OR RELATED TO THESE AVATARS TERMS OR THE AVATARS SERVICES, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
      Except as provided below, you and we agree that any cause of action, legal claim or dispute between you and us arising out of or related to these Avatars Terms or the Avatars Services (including any Meta Avatar or Avatar Items) ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your or our own behalf and cannot seek relief that would affect other users or purchasers of the Avatars Services. If there is a final judicial determination that any claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this "dispute resolution" section, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this "Dispute Resolution" section.
      Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association ("AAA") will administer all arbitrations under its Consumer Arbitration Rules, as amended by these Avatars Terms. YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
      The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the AAA or by the arbitrator. The arbitrator's decision will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Avatars Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. In addition, disputes relating to the scope and enforceability of the arbitration provision are for a court to decide.
      This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within thirty (30) days of the date that you first agreed to any version of these Avatars Terms. To opt out, you must send your name, residence address, email address and a clear statement that you want to opt out of this arbitration provision here: Meta Platforms, Inc. FAO: Arbitration Opt-out, 1601 Willow Road, Menlo Park, CA 94025, US.
      Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address, a detailed description of the dispute and the relief that you seek. Any Notice of Dispute that you send to us should be posted to Meta Platforms, Inc., FAO: Arbitration Filing, 1601 Willow Road, Menlo Park, CA 94025, US. Before we commence arbitration, we will send you a Notice of Dispute to the email address that you provided or by other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
      We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration that we bring or if your claims seek less than USD 75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the AAA's applicable rules, including rules regarding frivolous or improper claims.
      Notwithstanding the foregoing, if you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Avatars Terms ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the US District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Avatars Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, at its sole discretion, Meta Platforms Inc. may also bring any claim that we have against you related to efforts to abuse, interfere or engage with our products in unauthorised ways in the country in which you reside that has jurisdiction over the claim.
    15. Miscellaneous.
      1. Assignment. You may not assign these Avatars Terms or any of the rights granted hereunder without the prior written consent of Meta, and any attempted assignment without such consent shall be void. Subject to the foregoing, these Avatars Terms will be binding upon, and inure to the benefit of, the parties and their respective successors and assigns. All of our rights and obligations under these Avatars Terms are freely assignable by us, including, without limitation, in connection with a merger, acquisition or sale of assets, or by operation of law.
      2. Trade compliance. You will comply with all applicable US and non-US export controls, import controls and trade sanctions laws ("Trade Laws") when accessing Avatar Tools and Avatar Items and when using Avatars Services. You will not access, use or download, or allow others to access, use or download, Avatar Tools, Avatar Items or Avatars Services, or conduct purchase transactions: (i) if you or they are located in a country or region subject to comprehensive US trade sanctions; (ii) if you or they are listed on any US or EU restricted parties list; (iii) in connection with activities, individuals or entities that are located in a country or region subject to comprehensive US trade sanctions; or (iv) in any way that would otherwise violate applicable Trade Laws, including end use and end user restrictions. You or they will not disguise your or their location through IP proxying or other methods.
        You will not, and will not allow others to, directly or indirectly, export, re-export, provide, resell, transfer or otherwise dispose of the Avatar Tools, Avatar Items or Avatars Services: (A) to any individual, entity, country or region prohibited by Trade Laws; (B) to anyone on any US or EU government restricted parties list; or (C) for any purpose prohibited by Trade Laws.
        You will not, and will not allow others to, use, distribute or transfer the Avatar Tools, Avatar Items or Avatars Services, or Third-party Services in any manner that violates applicable laws, including all applicable Trade Laws.
        The Avatar Tools, Avatar Items and Avatars Services may not be resold, transferred or otherwise disposed of in a country or region subject to comprehensive US trade sanctions or to a person or organisation on any US or EU restricted parties list.
      3. Severability. If any provision of these Avatars Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Avatars Terms and will not affect the validity and enforceability of any remaining provisions.
      4. No third-party beneficiaries. These Avatars Terms do not confer any third-party beneficiary rights.
      5. Entire agreement. These Avatars Terms and the Additional Terms (and any agreements incorporated by reference therein) make up the entire agreement between you and Meta related to the subject matter hereof, and supersede any and all prior and contemporaneous written or oral agreements or understandings between you and Meta relating to such subject matter.
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