These Terms of Use (“Terms”) govern the use of the Open Loop website (the “Website”).  These Terms constitute an agreement between you and Facebook, Inc. (“Facebook,” “us,”, “we”, “our”) so it is important that you review them carefully.

Content

The Website is available for a personal and non-commercial use and for informational purposes only. You may not access or use the Website if you are not at least 18 years old or the age of majority in the jurisdiction from which you are accessing the Website.

We make no representations or warranties of any kind as to the accuracy, currency, or completeness of the information and other materials made available through the Website. We are not liable for any decisions you may make in reliance on this content.

Ownership

Excluding any User Content (defined below) that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and their content are owned by us or our suppliers and/or third party licensors. For the avoidance of doubt, Open Loop does not claim ownership of User Content you submit or other content made available for inclusion via our Website.

Neither these Terms nor your access to the Website transfers to you or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in these Terms.

User-Generated Content

“User Content” means any information and content that a user submits to, or uses with, the Website (including any information entered in any open text field). This includes any content or submission that you post, submit, make available, provide or otherwise share with us on our Website. Examples include any text, photos, videos, or other media or content.

You assume all risks associated with the use of your User Content, including any disclosure of your User Content that personally identifies you or any third party. Unless otherwise specified, we are not obligated to backup any User Content. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any other provision of these Terms. Such action may include terminating your account.

You should not submit or provide any confidential, private or personal information (other than your contact details if you wish to receive an answer to your query or to be contacted in response to your feedback) in the open text field. If you wish to remain anonymous, please indicate this when submit any feedback to us.

To the extent that you provide User Content, you hereby grant us (and represent and warrant that you have the right to grant) an irrevocable, non-exclusive, royalty-free and fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works and otherwise use and exploit such User Content, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Prohibited Conduct

You may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or use the Website in a manner that violates any laws. For example, and without limitation, you may not:

  • impersonate any person or entity or otherwise misrepresent your affiliation or the origin of any information or materials you submit;
  • engage in unauthorized spidering, “scraping,” or harvesting of content or information, or use any other unauthorized automated means to compile information from the Website;
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity conducted on the Website or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software or code comprising or in any way making up a part of the Website;
  • distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam);
  • submit content that infringes on the copyright, trademark, patent, or other intellectual property rights of any third party, are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit, violate a third party’s right to privacy or publicity, or degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification; and
  • engage in any other conduct that restricts or inhibits any person from using or enjoying the Website or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

We may suspend or terminate access to the Website for any reason at any time without notice. We also may investigate and work with law enforcement authorities to prosecute users who violate the Terms. Violations of system or network security may result in civil or criminal liability.

Limitation of liability

Your use of the Website is at your own risk. The Website and its content are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Website or any third-party sites linked to or from the Website, or that the functions provided will be uninterrupted, virus, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Website. We do not control or direct what people and others 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). Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will we, or our subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Website, any interruption in availability of the Website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Website or the data collected through the Website, even if one or more of them has been advised of the possibility of such damages or loss.

Indemnification

You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities related to or associated with your use of the Website and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

Modification

We reserve the right, at any time, to modify, suspend, or discontinue all or any elements of the Website (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuation.

Third Party Materials

The Website may contain links to third party content or otherwise contain materials that are hosted by another party. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. You access these materials at your own risk.

Miscellaneous

  • You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with your use of the Website.
  • The use of our Website involves the transmission of data through your device or network service provider in the case of a mobile device. Your network service provider may charge you for this data transmission. You are responsible for any and all costs related to your use of your device or network service provider.
  • We appreciate your feedback and other suggestions about our Website. If you submit to us any feedback or suggestions, we may use and fully exploit them in any manner that we deem appropriate, without any restriction or obligation to compensate you. We will treat any feedback or other suggestions as non-confidential and non-proprietary. You should not submit to us any information or ideas that you consider to be confidential or proprietary.
  • These Terms make up the entire agreement regarding your use of the Website. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
  • You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Website.
  • Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
  • If you have any questions or comments about these Terms or our practices, please contact us at admin@openloop.org or by mail at:

Open Loop
c/o Facebook, Inc.
1601 Willow Road
Menlo Park, CA 94025