Horizon Research Community

Meta Community Terms and Conditions Effective Date: 07/28/2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

1. Acceptance of Terms and Conditions
2. Registration Information and Privacy Policy
3. User Profile Information
4. Data Subject Rights
5. Email Policy
6. Leaving the Community and Termination of Membership
7. Content of Messages
8. Member Generated Content, Content Submitted or Made Available for Inclusion in the Community; Rights
9. Sharing Content and Information made available on the Community
10. Procedure For Alleging Copyright Infringement
11. Links to Websites
12. Technology Requirements
13. Cookies
14. Other Information on Your Computer and Device(s)
15. Indemnity; Limitation of Liability
16. No Resale of Service
17. Proprietary Rights
18. Termination
19. DISCLAIMER OF WARRANTIES

1. Acceptance of Terms and Conditions

2. Registration Information and Privacy Policy

To be considered for membership in the Community, you must first complete a 10-15-minute survey that will help us identify if you are a right fit for research we are conducting in the Community. Not all individuals who submit a survey will be selected. This survey ensures all Community Members meet membership requirements defined by Research Administrator and Meta. Upon completion of the survey, you will be immediately notified if you qualify for membership in the Community. If you qualify to become a Community Member, you will be required to provide your e-mail address during Community registration and agree to these Terms and Conditions, the Privacy Policy and Additional Terms. Other information about yourself, including name and postal address may be requested for specific research in which case your explicit consent will be sought and limited to that specific research project or we may otherwise be used by us to fulfill prizing in connection with one of our promotions. Any information provided by you or gathered by the Community during any visit to the Community Site shall be subject to the terms of the Community’s Privacy Policy. For more information, see the full privacy policy here.

You will choose a username and password upon completing the Community registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify Research Administrator of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you log-out at the end of each Community session. Research Administrator and Meta cannot and will not be liable for any loss or damage arising from your failure to comply with this. Research Administrator and Meta will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

At any time after the completion of the registration process you have the opportunity to add a picture of yourself of your choice so long as you maintain appropriate rights to the image. You can visit your profile at any time to add/remove/change your profile photo as well as change your username, password and email address. You can access your profile information on the Community Site by clicking on MySettings, update your profile and save the updates you made by clicking on “Save”. You are fully responsible for the content posted as part of your Profile.

3. User Profile Information

We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person’s prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. In consideration of your use of the Community Site, you agree that all information provided in your profile is accurate, true, current, and complete. Research Administrator may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms and Conditions, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for business and operational reasons, and without advance notice or liability. We will try and give you reasonable notice of any suspension or withdrawal.

4. Data Subject Rights

Under applicable data protection laws, you (or your parent or guardian for Minors) may have certain rights in respect of your data such as the right to access, rectify, or delete personal information maintained about you in connection with your participation in the Community. To submit a request to exercise any of these rights, please submit your request via email to surveys@coolopinions.net . The request should be submitted using the e-mail address associated with your Community Membership. 

5. Email Policy

As you have voluntarily registered to be a member of the Community, and confirmed your e-mail address, phone number and postal address upon joining, you should not mark emails or other communication received from Research Administrator, or the Community as spam or unsolicited communication, and you might be responsible for any resulting damage to Research Administrator. Due to your mail-box security settings, the survey invitations you receive from us might be directed to your bulk / junk mail or similar folder. To avoid this, please add the surveys@coolopinions.net address to your address book.

6. Leaving the Community and Termination of Membership

Your membership in the Community will end when the Community is closed at the end of the research study unless earlier terminated. You have the right to leave the Community at any time before then, and can do so by sending an email to surveys@coolopinions.net. For users who are Minors, your parent or guardian also has the right to request that you leave the Community by sending an email to surveys@coolopinions.net. Research Administrator also reserves the right to terminate membership of any member for breaching these Terms and Conditions, or other rules of the Community or for business and operational reasons.

7. Content of Messages

You understand that all Content (defined below), is the sole responsibility of the person from which such Content originated.

You understand that by using the Community, you may be exposed to Content that is opinionated, offensive, indecent or objectionable. Under no circumstances will Research Administrator be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Community. This does not limit liability which may occur based on non-observance of an obligation to take down illegal content on appropriate notice.

You may NOT use your registration membership or allow anyone else to use your registration membership to post, email, transmit or otherwise make available:

1. Content that is abusive, vulgar, obscene, hateful, fraudulent, or that discloses private or personal matters concerning any person. This includes language, information, or images. Masked vulgarity, obscenity or profanity (e.g., “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on in the Community.
2. Content that is threatening, harassing, libelous, defamatory or abusive, either between Community Members or directed towards Meta, Research Administrator, the Community manager, a Research Administrator moderator, or another employee or someone else.
3. “Rants,” “slams,” or threats of any nature against Meta, Research Administrator or another company or competitor.
4. Bigoted, racially, or ethnically offensive comments.
5. Political or religious statements or commentary (unless within the scope of the topic area of a message board as determined by Research Administrator at its sole discretion).
6. Sexually oriented content (unless within the scope of the topic area of a message board as determined by Research Administrator at its sole discretion)
7. Off-topic comments not related to the Community or the Research Administrator platform.
8. Any material that you don’t have the right to transmit under law (such as copyright, patent, trademark, trade secret, securities, or other proprietary rights of any party) or under contractual or fiduciary relationships (such as nondisclosure agreements).
9. Language that promotes illegal activity or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.
10. Unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation including chain letters, pyramid schemes, class action suits, charitable appeals, “junk mail”, or “spam”. This includes advertising links in signatures.
11. Any file or link to a file that contains viruses, corrupted files, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
12. Duplicate posts, spam messages, or posts repeated excessively on one or more boards.
13. Messages designed to evade profanity or other filters.
14. Personal phone numbers or addresses (to protect privacy).
15. Personal email addresses, private information such as social security numbers/social insurance numbers, or other contact information that is not your own, including, but not limited to, Research Administrator employee’s email addresses.
16. Hyperlinks that lead to sites that violate any of the Community guidelines.
17. Any message that impersonates another person or affiliation with an entity, including, but not limited to, Research Administrator.
18. Any Content that is illegal, offensive (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling or impersonates another person; or threatens the unity, integrity, defense, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

In addition, our guidelines do not permit you to:

1. Violate any other applicable law, regulation, contractual or fiduciary relationships (such as by posting inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) while accessing and using our site.
2. Interfere in any way with the operations in the Community or with a fellow user’s message box, including, but not limited to, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
3. Evade bans or suspensions or otherwise disregard directions from Community moderators or administrators
4. Send, use or reuse any material that does not belong to you and to which you do not have any right.

Community moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these guidelines from posted messages, or ban your account for violating the above reasonable provisions.

You also agree to NOT use the Community to:

1. Harm minors in any way;
2. Impersonate any person or entity, including, but not limited to, a Research Administrator official, Community moderator, leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Community;
4. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Community are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
5. Interfere with or disrupt the Community or servers or networks connected to the Community, or disobey any requirements, procedures, policies, or regulations of networks connected to the Community;
6. Intentionally or unintentionally violate any applicable local, provincial, territorial, state, national or international law;
7. “Stalk” or otherwise harass another; and
8. Collect or store personal data about other users.

You acknowledge that Research Administrator does not pre-screen Content before it’s posted to the Community, but that Research Administrator and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is posted via the Community.

You acknowledge and agree that Research Administrator may preserve Content and may also disclose Content if permitted or required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Research Administrator, Meta, Community users and the public.

You understand that the technical processing and transmission of the Community, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or Devices.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws, rules and regulations regarding the transmission of technical data exported from the country in which you reside.

8. Member Generated Content, Content Submitted or Made Available for Inclusion in the Community; Rights

1. User Content.

(i) General. We may now or in the future offer users of the Community Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Community Site (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Meta Licensed Elements included therein, “Content”). We may allow you to do this through forums, blogs, message boards, contact us tools, email, and other communications functionality. Subject to the license you grant in these Terms and Conditions, you retain whatever legal right, title, and interest that you have in your User Content and you remain ultimately responsible for it. If applicable, our role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the User Content. Being an intermediary, neither Research Administrator nor Meta has responsibility and / or liability in respect of any User Content.

(ii) Non-Confidentiality of Your Content. Except as otherwise described in the Community Site’s posted Privacy Policy or any Additional Terms, you agree that: (a) your Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; (b) Meta does not assume any obligation of any kind to you or any third party with respect to your Content; and (c) that by posting the Content you permit Meta to put the Content into the public domain, and you waive any intellectual property rights in the Content. Upon Meta’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms and Conditions or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of Content may not be secure, and you will consider this before submitting any Content and do so at your own risk. In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or Community Sites, or even suggested improvements to products or Community Sites, including, without limitation, ideas, concepts, inventions, or designs for augmented and/or virtual reality content or equipment, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Unless prohibited by applicable law, any Unsolicited Ideas and Materials you post on or send to us via the Community Site are deemed Content and licensed to us as set forth below. Unless prohibited by applicable law, you agree not to raise claims based on our exploitation of Unsolicited Ideas and Materials at any time. In addition, Meta retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Meta’ receipt of your Unsolicited Ideas and Materials is not an admission by Meta of their novelty, priority, or originality, and it does not impair Meta’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

(iii) License to Meta of Your Content. Subject to the mandatory provisions of any applicable law and except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your Content, you grant to Meta the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to access, use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, communicate to the public, broadcast, translate, modify, adapt, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Content (and any adaptations, translations, or derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Meta to your Content, you also hereby grant to Meta, and agree to grant to Meta, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you consent to Meta doing (or omitting to do) any acts in respect of your Content which may otherwise constitute an infringement of your moral rights and you irrevocably agree not to exercise such moral rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 8(A)(iii). You agree that all claims based on Meta’s exploitation of your Content which is not covered by this license are limited to reasonable compensation and in no event shall you be entitled to injunctive relief.

(iv) Exclusive Right to Manage Our Community Site. We may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your Content, and Meta or Research Administrator may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, defamatory, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms and Conditions or any applicable Additional Terms, including, without limitation, the content restrictions set forth in Section 7 above. Such Content submitted by you or others need not be maintained on the Community Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such Content on the Community Site or elsewhere.

(v) Representations and Warranties Related to Your Content. Each time you submit any Content, you represent and warrant that as to any Content you submit: (a) you are the sole author and owner of the intellectual property and other rights to the Content, or you have a lawful right to submit the Content and grant Meta the rights to it that you are granting by these Terms and Conditions and any Additional Terms, all without any Meta obligation to obtain consent of any third party and without creating any obligation or liability of Meta; (b) the Content is accurate; (c) the Content does not and, as to Meta’s permitted uses and exploitation set forth in these Terms and Conditions, will not infringe any intellectual property or other right of any third party; (d) the Content will not violate these Terms and Conditions or any Additional Terms, or cause injury or harm to any person; and (e) the Content is not in violation of applicable laws.

(vi) Enforcement. Research Administrator and Meta have no obligation to monitor or enforce your intellectual property rights to your Content, to the extent permitted by applicable law, you grant us the right to protect and enforce our rights to your Content, including, if permissible under applicable law, by bringing and controlling actions in your name and on your behalf (at Research Administrator’s cost and expense, to which you hereby consent and irrevocably appoint Research Administrator as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

9. Sharing Content and Information made available on the Community

Creating a Profile or adding Content or uploading a picture to your Profile is completely voluntary. Certain information you provide in your public Profile, such as your username and profile photo are considered publicly available to everyone including other Community Members, and therefore will not be kept confidential.

Even after you remove information from your profile or delete your account, copies of that information and all posts and content added to the Community will remain viewable by Research Administrator and Meta. This does not limit your right to erasure, to be forgotten, and rectification under any applicable data protection law in your jurisdiction.

In certain circumstances, you acknowledge that Research Administrator may have to provide certain information about you or your survey responses to Meta to enable them to meet their legal obligations. You agree to provide Research Administrator and/or Meta with all reasonable co-operation to help it/them conduct further investigations and/or meet legal obligations.

Unauthorized Use: If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to surveys@coolopinions.net.

10. Procedure For Alleging Copyright Infringement

1. Take Down Notice. Meta will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”) or equivalent take down laws in your jurisdiction, as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Community Site, then you may send us a written notice that includes all of the following:

(i) a legend or subject line that says: “Take Down Notice”;

(ii) a description of the copyright work that you claim has been infringed or, if multiple copyright works are covered by a single notification, a representative list of such works;

(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Community Site on which the material appears);

(iv) your full name, address, telephone number and email address;

(v) a statement by you that you have 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;

(vi) a statement by you, where permitted by law made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii) your electronic or physical signature.

Meta will only respond to take down notices that it receives by mail, email or facsimile at the addresses below:

By Mail: Meta Platforms Technologies, LLC, 1601 Willow Road, Menlo Park, CA 94025 (Attn: DMCA Agent)

By email: IP@oculus.com

It is often difficult to determine if your copyright has been infringed. Meta may elect to not respond to take down notices that do not substantially comply with all of the foregoing requirements, and Meta may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA (in respect of infringements of copyright material in the US) or Take Down Laws.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability (similar provisions may also apply in your jurisdiction if you reside outside the US).

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification or equivalent (if applicable) in your jurisdiction.

Without limiting Meta’s other rights, Meta may, in appropriate circumstances, terminate a repeat infringer’s access to the Community Site and any other website owned or operated by Meta.

B. Counter–Notification. If access on the Community Site to a work that you submitted to Meta is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

(i) a legend or subject line that says: “DMCA Counter-Notification”;

(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Community Site from which the material was removed or access to it disabled);

(iii) a statement, where permitted by law under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) your full name, address, telephone number, e-mail address, and the username of your account;

(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

(vi) your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability or equivalent (if applicable) in your jurisdiction.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the Take Down Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Community Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the notice.

11. Links to Websites

The Community may provide links to other World Wide Web sites or resources. Because Research Administrator has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and does not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

12. Technology Requirements

We aim to:

• Ensure that the survey or activity delivered are in a form suited to your Device.

• Assist in providing support to you should you have difficulty accessing or completing a survey or activity.

• Anonymized information is also used for research purposes. For example, to determine the percentage of Community Members that use a certain type of browser in a specific country.

For these reasons we are using the below measures, each of which is also described in more detail in our privacy policy.

a. Cookies

As set out in more detail within our Cookie Datasheet, we are using cookies, different kinds of cookies, and might also read cookies set by third parties. Other than with your prior consent, cookies are used for statistical purposes, quality control, validation and, more importantly, to prevent us sending you reminders for any online survey you have already completed. Click here for the full cookies policy (including list of cookies).

b. Other Information on Your Computer and Device(s)

We also automatically capture information about your IP Address, operating system, screen display settings, browser type, and use of Flash and Java. Meta may capture additional usage data in accordance with its data policies. For more information, see the full privacy policy here.

Research Administrator makes no guaranty of the confidentiality or privacy of any communication or information transmitted on the Community, or any website linked to the Community, or otherwise in connection with the services and Research Administrator will not be liable for the privacy of any e-mail addresses, registration and identification information, confidential or trade-secret information that is publicly posted.

13. Indemnity; Limitation of Liability

1. Indemnity

You agree to indemnify, defend and hold harmless, Research Administrator, its subsidiaries and affiliates, Meta and its parent and affiliates, and each of their respective officers, agents, clients or other partners, and employees (collectively, “Meta Parties”), from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Meta Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your Content; (ii) your use of the Community Site and your activities in connection with the Community Site; (iii) your breach or alleged breach of these Terms and Conditions or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Community Site or your activities in connection with the Community Site; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Meta Parties’ use of the information that you submit to us (including your Content) (all of the foregoing, “Claims and Losses”). Outside of the U.S., this clause does not apply to such claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that are caused by gross negligence of the Meta Parties. You will cooperate as fully required by the Meta Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the Meta Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Meta Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of an Meta Party.

Any unlawful or disparaging action caused by you during your membership within the Community and to your participation within research surveys conducted by Research Administrator, that may be considered a violation of criminal and/or civil law shall entitle Research Administrator to seek all remedies in this regard to the full extent permitted by law and in equity.

NOTHING IN THESE TERMS AND CONDITIONS LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY META PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

(a) the Community Site (including the Materials and the Content, including, without limitation, any individuals you meet on the Community Site);

(b) your use of or inability to use the Community Site, or the performance of the Community Site;

(c) any action taken in connection with an investigation by Research Administrator or law enforcement authorities regarding your access to or use of the Community Site;

(d) any action taken in connection with copyright or other intellectual property owners or other rights owners;

(e) any errors or omissions in the Community Site’s technical operation; or

(f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Meta Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Community Site).

Except for liability in relation to any Non-Excludable Guarantees, the Meta Parties disclaim any warranties, express and implied, related to your membership within the Community and to your participation within research surveys conducted by Research Administrator, and Research Administrator and Meta shall have no liability whatsoever (including, without limitation, liability for any indirect, special, incidental or consequential damages except, outside of the U.S., damages concerning personal injuries, health and death or damages caused by the Meta Parties’ gross negligence), to you or any third party, for your membership within the Community and to your participation within research surveys conducted by Research Administrator. Nothing in these terms and conditions shall exclude or limit any of your statutory rights.

B. Extent of Liability

To the maximum extent permitted under applicable law, the aggregate maximum liability of Research Administrator and Meta related to any aspect of your membership within the Community, your participation within research surveys, or these Terms and Conditions shall not exceed US $100.

C. Release

You will release and forever discharge the Meta Parties from and against all claims, lawsuits, causes of action, demands, losses, liabilities, obligations, judgments, damages, costs and expenses of any kind (including reasonable attorneys’ fees) (“Losses”) arising directly or indirectly out of any injury, death, property damage or other damage sustained or allegedly sustained by you resulting from the distribution, sale, consumption or use of or contact with a product in connection with any product test and evaluation research. This does not apply to any Losses which may be caused by any Meta Parties’ gross negligence or any liability by them under applicable product liability or consumer protection legislation.

14. Dispute Resolution

DISPUTE RESOLUTION CLAUSE APPLICABLE TO RESIDENTS OF JAPAN: Please note that these terms and conditions, their subject matter, and their formation, are governed by Japanese law. You and the Meta Parties agree that all disputes, controversies, or differences which may arise between us, out of or in relation to or in connection with these Terms shall be finally settled by arbitration in Tokyo, Japan in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association.

DISPUTE RESOLUTION CLAUSE APPLICABLE TO RESIDENTS OF THE UNITED STATES:  PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH THE META PARTIES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE META PARTIES (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).

1. Binding Arbitration; Disputes; Small Claims. You and the Meta Parties agree to waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (which is the referral of a Dispute to one or more impartial persons for a final and binding determination); provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court in San Mateo County, California, or, if you reside in the U.S., in a small claims court in your county of residence. “Dispute” as used in this Section 14 means any dispute, cause of action, claim, or controversy arising out of or in any way related to the Meta Parties, these Terms and Conditions, the subject matter of these Terms and Conditions, or access to and use of the Community Site, including, but not limited to, contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third parties (such as developers of third party content), except any dispute, cause of action, claim, or controversy relating to the Meta Parties’ intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). You and the Meta Parties empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
2. No Class Arbitrations, Class Actions or Representative Actions. You and the Meta Parties agree that any Dispute is personal to you and the Meta Parties, and that any Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither you nor the Meta Parties agree that a Dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
3. Federal Arbitration Act. You and the Meta Parties agree that these Terms and Conditions affect interstate commerce, and that the enforceability of Section 14 shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) to the maximum extent permitted by applicable law.
4. Confidentiality. The arbitrator, the Meta Parties, and you shall maintain the confidentiality of any proceedings, including, but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality unless the law provides to the contrary.
5. Process. Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that you have against the Meta Parties, you agree to first contact Meta and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Meta. The Notice to Meta must be sent by certified mail addressed to: General Counsel, Meta, 1601 Willow Road, Menlo Park, CA 94025. The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your account; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If you and the Meta Parties cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may, as appropriate in accordance with this Section 14, commence an arbitration proceeding or file a claim in court. You and Meta agree that any Dispute must be commenced or filed within one year after such claim arose; otherwise, the Dispute is permanently barred.

In the event that you and the Meta Parties cannot resolve a Dispute and you do not pursue your claims through small claims court, you or the Meta Parties shall promptly submit the Dispute to binding arbitration at the office of the American Arbitration Association (“AAA”). In the event AAA declines or is unable to administer the arbitration, you and the Meta Parties agree to use an arbitration forum or arbitrator that you and Meta mutually agree upon. If, after making a reasonable effort, you and Meta are not able to agree upon an arbitration forum or arbitrator, AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules and other information about AAA and arbitration are readily available at http://www.adr.org, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. By entering into these Terms and Conditions, you either (1) acknowledge that you have read and understand the AAA Rules or (2) waive reading the AAA Rules and waive any claim that the AAA Rules are unfair in any way. You and the Meta Parties agree that these Terms and Conditions govern the arbitration, and that the applicable AAA Rules shall be subject to changes in procedures that AAA may make from time to time.

As limited by the FAA, these Terms and Conditions, and the applicable AAA Rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by these Terms and Conditions (as stated above). The arbitrator may only conduct an individual arbitration and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.

Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, the Meta Parties will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $5,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees incurred, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.

F. Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor the Meta Parties can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became a member of the Community, and must include your name and residence address, the email address you use for your Community Site membership account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to: General Counsel, Meta, 1601 Willow Rd., Menlo Park, CA 94025. If a court or arbitrator decides that any of this Section’s limitations cannot be enforced as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Unless you choose to opt out, this dispute resolution provision in Section 14 shall survive termination of these Terms and Conditions. The courts in some countries may not permit you to consent to arbitration. If you reside in one of those countries, your country’s laws will apply. See below for more details.

DISPUTE RESOLUTION CLAUSE APPLICABLE TO RESIDENTS OF THE UNITED KINGDOM: Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

DISPUTE RESOLUTION CLAUSE APPLICABLE TO RESIDENTS OF GERMANY: Please note that these terms and conditions, their subject matter, and their formation, are governed by German law, except the license granted under Section 8, which is governed by the law where protection is sought for the content at issue. You and we both agree that the Hamburg courts will have exclusive jurisdiction except that if you are a consumer, the courts at your place of residence are competent, or if you act as a plaintiff according to your choice, the courts at our seat.

DISPUTE RESOLUTION CLAUSE APPLICABLE TO RESIDENTS OF CANADA: Please note that these terms and conditions, their subject matter and their formation, are governed by Canadian law. You and we both agree that the Ontario Superior Court of Justice located in Toronto, Canada will have exclusive jurisdiction over any disputes between us.

15. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Community (including your Community username), Content within the Community, use of the Community, or access to the Community.

16. Proprietary Rights

You acknowledge and agree that the Community and any necessary software used in connection with the Community (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Community is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Research Administrator and Meta, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Community or the Software, in whole or in part.

Research Administrator shall own and retain exclusive ownership trademarks, logos, copyrights, any content of its website and other intellectual property rights (“Research Administrator IP”). You may not use or reproduce any of the Research Administrator IP without prior written consent. Nothing in these Terms and Conditions shall be construed as granting you any license, right, title or interest in any Research Administrator IP, or any patent, trademark, copyright, know-how, or similar right now or hereafter owned or controlled by Research Administrator.

The Community Site contains a variety of: (i) materials and other items relating to Research Administrator and Meta, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Community Site, and the compilation, assembly, and arrangement of the materials of the Community Site and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Meta; and (iii) other forms of intellectual property (all of the foregoing, collectively “Materials”).

The Community Site (including past, present, and future versions) and the Materials are owned or controlled by Research Administrator, Meta, our licensors or certain other third parties. All right, title, and interest in and to the Community Site (or any part thereof) and the Materials (or any part thereof), including any and all updates, modifications, adaptations, translations, customizations or derivative works of any of the foregoing, is the property of Research Administrator and/or Meta or our licensors or certain other third parties, and is protected by domestic and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. Research Administrator and/or Meta owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Materials and the Community Site.

Subject to your strict compliance with these Terms and Conditions and any Additional Terms, Research Administrator and Meta grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Materials (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Materials that we may from time to time make available on the Community Site explicitly for you for use as part of your Content (“Meta Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Meta Licensed Elements are made available on the Community Site; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Meta Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, the Community Site (or any part thereof) or the Materials (or any part thereof); and (ii) may be immediately suspended or terminated for any reason, in Research Administrator’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Materials and/or Meta Licensed Elements, subject to certain Additional Terms.

17. Termination

Research Administrator reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) its obligations under these Terms and Conditions; and/or (ii) your registration(s) with or ability to access the Community upon any breach by you of these Terms and Conditions or otherwise (i) for business and operational reasons. We will try and give you reasonable notice of any suspension or withdrawal. Notwithstanding any termination or expiration of these Terms and Conditions, whether by Research Administrator or by you, the terms of Sections 1.2, 2, 7-10, 13, 14, and 16-20 shall survive.

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT THOSE IN RELATION TO NON-EXCLUDABLE GUARANTEES, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RESEARCH ADMINISTRATOR AND META EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

RESEARCH ADMINISTRATOR AND META TAKE REASONABLE STEPS TO ENSURE THE COMMUNITY IS PROVIDED WITH DUE CARE AND SKILL TO AVOID LOSS AND DAMAGE, HOWEVER WE MAKE NO WARRANTY OVER AND ABOVE THOSE IN RELATION TO NON-EXCLUDABLE GUARANTEES THAT: (i) THE COMMUNITY WILL MEET YOUR REQUIREMENTS, (ii) THE COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMMUNITY WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMMUNITY WILL MEET YOUR EXPECTATIONS EXCEPT WHERE STIPULATED OTHERWISE BY LAW, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMMUNITY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL EXCEPT WHERE SUCH DAMAGE OR LOSS OF DATA IS CAUSED BY GROSS NEGLIGENCE OF AN META PARTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMMUNITY OR THROUGH THE COMMUNITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

A SMALL PERCENTAGE OF COMMUNITY USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE COMMUNITY. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE COMMUNITY AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE COMMUNITY– DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

YOU UNDERSTAND THAT THERE MAY BE KNOWN, AND UNKNOWN RISKS INVOLVED USING OCULUS PRODUCTS IN ORDER FOR YOU TO PARTICIPATE AND GENERATE CONTENT FOR THE COMMUNITY. THOSE RISKS COULD INCLUDE DISCOMFORT, PERSONAL INJURY, PROPERTY DAMAGE, PRIVACY SECURITY RISKS, OR SICKNESS. FOR HEALTH AND SAFETY WARNINGS RELATING TO OCULUS PRODUCTS, PLEASE VISIT https://www.oculus.com/legal/health-and-safety-warnings/?locale=en_US.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. You agree not to use our Community Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19. Miscellaneous

These Terms and Conditions and any other terms or documents referred to herein represent your entire agreement with Research Administrator with respect to your use of the Community or any part thereof. You understand and agree that, except as expressly set forth herein, these Terms and Conditions are not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms and Conditions.  Research Administrator’s failure to pursue any available claim or defense pursuant to these Terms and Conditions or otherwise will not be a waiver of such claim or defense. The headings used in these Terms and Conditions are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

Except where prohibited and otherwise provided above, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions and the decisions of Research Administrator or the Community managers in connection with the Community, shall be governed by and construed in accordance with the laws of the state of New York, without regard for conflict of laws doctrine. This clause does neither affect jurisdiction of the courts nor applicable mandatory consumer protection provisions.

Should any term or provision of this paragraph or any other rule herein be concluded to be void, unenforceable or contrary to applicable law as provided herein, such term or provision shall, but only to the extent necessary to bring the rule within the requirements of such law, be deemed to be severed from the other terms and conditions; and the remainder of these Terms and Conditions shall be given effect as if it had not included the severed item.

Research Administrator and Meta reserve the right, without any limitation, to: (i) investigate any suspected breaches of its Community Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and Conditions and any Additional Terms, (iii) investigate any information obtained by Research Administrator or Meta in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and Conditions and any Additional Terms, and (vi) discontinue the Community Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Research Administrator and Meta under these Terms and Conditions or any Additional Terms. Upon suspension or termination of your access to the Community Site, or upon notice from Research Administrator or Meta, all rights granted to you under these Terms and Conditions or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Community Site. The provisions of these Terms and Conditions and any Additional Terms and Conditions (including the terms applicable to Content), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Meta in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

20. Updates to Terms

These Terms and Conditions (or if applicable Additional Terms), in the form posted at the time of your use of the applicable Community Site to which it applies, shall govern such use (including transactions entered during such use). AS OUR COMMUNITY SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE COMMUNITY SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE COMMUNITY SITE UNDER THE TERMS AND CONDITIONS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE COMMUNITY SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE COMMUNITY SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE COMMUNITY SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Community Site (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms and Conditions (and any applicable Additional Terms) that applied when you previously used the Community Site will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal or court of law to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms and Conditions are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Community Site and related services.