Please read these Fastory terms of use (“Terms of Use”) carefully.
LAST UPDATE: 02/07/2024
Fastory (“Fastory”) offers a Fastory software application (the “Service”) that helps Creators (individually and collectively) publish their Stories online. Stories are hereby defined as: a combination of written and visual content that includes elements of interactivity, contests and external links. The service provides a collection of visual elements, elements of interactivity, contests and external links as well as an online entry form through which users (“entrants”) can submit entries for sponsor contests. By using Fastory you agree to be bound by these Terms of Use. If you do not accept these Terms and Conditions, then do not use Fastory.
You agree to comply in all respects with these Terms of Use and any Terms and Conditions set forth on Fastory web sites. You further acknowledge and agree that your use of Fastory is also subject to the Terms and Conditions posted on Fastory web sites, as such Terms and Conditions may change from time to time in Fastory’s sole discretion. These Terms of Use and Terms of Condition include terms applicable to : actual and prospective entrants, sponsors and both actual and prospective entrants and sponsors. Fastory reserves the right to change or revise these Terms of Use and Terms of Conditions at any time by posting any changes or revised Terms of Use on this website, fastory.io (“Fastory Site”) at any time and in its sole discretion. You also expressly waive any right you may have to individual notice of such changes to the Terms of Use and Terms of Conditions. Therefore, you should review these Terms of Use prior to each use of the Service so you will understand the current, applicable terms. If you do not agree to the amended terms, you must stop using the Service.
You acknowledge and agree that the Service may contain default content within stories and/or contests that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Fastory, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works, in whole or in part, from default content contained within stories and/or contests. The Fastory name and logos are trademarks and service marks of Fastory (the “Fastory Trademarks”). You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works, in whole or in part, from content created with the Service containing Fastory Trademarks. You may not remove any watermarks or copyright notices contained in the Fastory content.
Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Fastory Trademarks displayed on the Service, without our prior written permission in each instance. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. All goodwill generated from the use of Fastory Trademarks will inure to our exclusive benefit.
You acknowledge and agree that Fastory may preserve content and may also disclose content if 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Fastory, its users and the public.
Fastory respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Fastory of your infringement claim. Under no circumstances will Fastory be liable in any way for any content or materials of any third parties (including users), 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 such content.
Fastory doesn’t exercise editorial control or review over the content or nature of any Stories and/or contests within the Stories or of any website, e-mail transmission, newsgroup, or other material created or accessible over or through the Story. If at any time and in its sole discretion, Fastory chooses to monitor a Story, Fastory nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or Story, and no responsibility for the conduct of any third party entering or conducting a Story. Fastory intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or other terms, conditions, policies, or guidelines on the Fastory Site or of any applicable laws, rules, or regulations. By using Fastory, you release Fastory from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge and agree that Fastory reserves the right to change its terms, conditions, policies, or guidelines at any time, in its sole discretion. (Notice will be provided by posting such changes on the Fastory Site and updating the “Date of Last Revision” for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the Fastory Site or Service made after the changes are posted to the Fastory Site. You also expressly waive any right you may have to individual notice of such changes.) Fastory may take any one or more of the following actions, or other actions not listed, at Fastory’s sole discretion in response to violations of these Terms of Use or any other terms, conditions, policies, or guidelines on the Fastory Site or associated with the Service:
Fastory may, from time to time, need to interrupt Fastory Site for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless Fastory and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.
Because of situations beyond the control of Fastory, Fastory can’t guarantee that the Service will be available to you or that the Service will function properly. Fastory doesn’t guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email. You expressly understand and agree that your use of the service is at your sole risk. Fastory is provided on an “As is” and “As available” basis. We ensure maximum compatibility with Google Chrome and Mozilla Firefox in their latest versions. Using a different browser will give no guarantee concerning Fastory services performance. You understand and agree that Fastory makes no representations that individuals using its service are whom they purport to be or that sponsors’ Stories or contests within Stories will be conducted in conformance with applicable laws, rules or regulations. Fastory has no control over and accepts no responsibility for any Stories or contests within Stories or actions of any third party, including without limitation any Stories or contests within Stories sponsors. You assume full responsibility and risk for use of the service and the Internet and are solely responsible for evaluating the accuracy and completeness of information you receive through the service or any Stories and/or contests within Stories. You understand and agree, except as required by applicable law, Fastory shall be not liable for any direct, indirect, incidental, special, consequential or exemplary damages arising in connection with the service. Fastory may provide, or third parties may provide, links to other web sites or resources, including without limitation to Sponsor web sites or social networking web sites. Because Fastory has no control over such sites and resources, you acknowledge and agree that Fastory is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Stories and/or contests within Stories, content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fastory and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors 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 Stories and/or contests within Stories, content, goods or services available on or through any such site or resource. When you leave the Fastory Site, you should be aware that our terms and policies no longer govern. Please review the privacy policy of any third-party website that you have linked to from Fastory Site before you use such third-party website.
As part of our commitment to providing a high-quality, fast and reliable service, Fastory have a Fair Use Policy (also referred to as the FUP) for its Software as a Service (SaaS) Products. The FUP contains guidelines for customers’ use of the Fastory products to ensure that each customer has a consistently high-quality experience. Fastory take measures to ensure usage is within reasonable parameters and in accordance with the license. Fastory products offer a multi-tenant service. This means that our products are used concurrently by a number of subscribers. If a single customer places very high demands on the service then it is possible that this will affect the experience for other users. The vast majority of our customers use their service considerately and their usage levels during peak hours don’t disproportionately affect the shared network and service capacity. Even though only a very small number of our customers may use the service inappropriately, their activity has the potential to affect the service for others. Our Fair Use Policy manages the inappropriate use and makes sure the service can be used fairly by everyone. The Fair Usage Policy: Usage of Fastory SaaS Products is monitored on a continuous basis. Only customers that consistently generate exceptionally high load over a sustained period of time will be affected by the Fastory FUP. Each online content materials created and hosted by Fastory is subject to a fair usage limit of 1 billion impressions per month with no more than 50 thousands impressions per day. If a customer repeatedly exceeds this FUP, Fastory reserve the right to restrict service or levy charges for excessive usage (i.e. recommend to apply for a paying account). Extenuating Circumstances: Fastory understand that customers will occasionally have very high volumes of traffic outside of normal usage patterns. In those cases where this traffic can be predicted, Fastory request to be informed with as much notice as possible to ensure that service delivery remains consistently high.
You agree not to use Fastory to:
Fastory enable you to engage and procure certain third party services, products and tools for enhancing your overall user experience, including, without limitation, third party applications and widgets offered via the Fastory website, third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you, Fastory merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Fastory will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to Fastory and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
If you use third parties' services, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services. While we hope to avoid such instances, Fastory may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account and/or any Third Party Services – whether or not incorporated with or made part of your User Account at such time – without any liability to you or to any End Users.
Unless expressly stated otherwise in the quotation or notified to Fastory by any appropriate written means, the client authorises Fastory to use his name, his brand, his logo, the references of his website and of his Fastory campaigns as business references, in any medium and any form.
The client agrees that his campaigns may be broadcast free of charge by Fastory on its own website and its social networking accounts, as well as in presentations of its activities by any means and on any medium, for internal and/or external promotional and communication purposes.
We encourage parents to take an active interest in their children’s use of the Internet. Fastory is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on Fastory.
If there is any dispute about or involving Fastory or Service, you agree that the dispute shall be governed by the French laws, without regard to conflict of law provisions and you agree to the exclusive French personal jurisdiction. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by Fastory. These Terms of Use and any and all other online policies and agreements promulgated by Fastory, including without limitation Fastory’s User Agreement (for Entrants) and User Agreement (for Sponsors) constitute the entire agreement between Fastory and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The failure of Fastory to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms of Use is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms of Use.
Sponsors using the Service may ask you for certain personal information (name, address, gender, date of birth, etc.) when you fill out the entry form for that Sponsor’s Stories and/or contests within Stories. Providing this information is strictly optional. However, if you choose not to enter the information required by the Sponsor in its Stories and/or contests within Stories rules, then you may not be eligible to participate in the Stories and/or contests within Stories. Please see each Sponsor’s Stories and/or contests within Stories rules for entry requirements and other important details. You acknowledge and agree that Fastory may use any information you provide in a Stories and/or contests within Stories entry form available through and/or using the Service, for the purpose of aggregate analysis of the performance of the Stories and/or contests within Stories conducted using the Service; to communicate with you (including without limitation by e-mail) about your use, misuse, and/or purchase of its products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, if you “opt-in,” to receive e-mails about Fastory’s products or services, including for example, or about other Stories and/or contests within Stories available through the Service; and as otherwise permitted in Fastory’s Terms of Use and online policies. If you add one of our social network applications, you will be agreeing to that social network’s policy governing communications with application users. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about Fastory’s products or services, including for example, or about other Stories and/or contests within Stories available through the Service.
If you provide personal information when completing the entry form for a Stories and/or contests within Stories being run using the Service, both the Sponsor running the Stories and/or contests within Stories and Fastory will be able to view that personal data. (Sponsors may provide your personal information to parties assisting with its Stories and/or contests within Stories. Please review each Sponsor’s Stories and/or contests within Stories rules and privacy policy for details.) Fastory is not responsible for such Sponsor’s use of that personal data, nor any claims or damages that may arise from any such Sponsor’s distribution of such personal data to others (e.g., prize providers). You acknowledge and agree that Fastory shall not be liable or responsible for any use of your personal data by any Sponsor running any Stories and/or contests within Stories or any other third party. Please see each Sponsor’s Stories and/or contests within Stories rules and privacy policy for details on how that Sponsor handles your personal information, including without limitation, information you enter in any Stories and/or contests within Stories entry form.
Each Sponsor running Stories and/or contests within Stories using the Service is responsible for providing its own Stories and/or contests within Stories rules, terms, and conditions, and ensuring such Stories and/or contests within Stories complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Story and/or contests within Stories is provided below the Story and/or contests within Stories entry form. You will be required to agree to these rules and terms and conditions before you can enter each contest. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that Fastory shall not be responsible or liable for any Sponsor’s or other third party’s compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Story and/or contests within Stories.
Fastory acknowledges that you will receive information provided to you by each Entrant, as specified in your contest rules. You acknowledge and agree that Fastory has the option (in its sole discretion) to use such information, royalty-free, for the purpose of conducting aggregated analysis of the performance contests conducted using the Service; to communicate with Entrants (including without limitation by e-mail) about their use, misuse, and/or purchase of Fastory’s products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and as otherwise permitted in Fastory’s Terms of Use and online policies. Fastory may communicate with users of its non-white-label Stories application. Such notifications may include information about Fastory’s products or services, including for example, or about other contests available through the Service. Fastory will not communicate with users of white-label applications that are running via the Fastory technology.
You acknowledge and agree that Fastory merely helps Sponsors publish their Stories and/or contests within stories and that the Service provides no safeguards that ensure that you operate your Stories and/or contests within stories properly or legally. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Stories and/or contests within stories,, including without limitation in connection with all advertising and marketing associated with your Stories and/or contests within stories. You represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless Fastory and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service, your violation of these Terms of Use or any other agreement between you and Fastory, your actual or alleged violation of any law, rule, or regulation associated with your Stories and/or contests within stories , and/or infringement by any Entrants in your Stories and/or contests within stories, of any intellectual property or other right of any person or entity. Fastory will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Use will inure to the benefit of Fastory’s successors, assigns and licensees.
Fastory SA uses the Stripe service for managing payments on its Fastory site. Stripe handles the processing of credit card transactions. This intermediary is not allowed to store, retain or use any transaction information for purposes other than the processing of credit card transactions. For more information on the terms of use of this service, the User can visit the Stripe website at www.stripe.com. A credit card is required for all orders. If the User has opted for month-to-month or annual billing, they agree to commit to a subscription period of 30/365 days following the confirmation of their order. The User will immediately be billed and charged the full amount for the selected plan. By providing the credit card number and information described below, the User authorizes Fastory SA to debit their credit card the total amount with or without tax as indicated on the order summary. In an effort to prevent Internet fraud, information related to the User’s order may be shared with any third party authorized by law to access it, and may be the basis for filing a complaint with the competent authorities.
No payment made for an order of any kind will be refunded. For clients who choose monthly or annual billing (also called subscription), a plan that is downgraded or removed during their commitment period shall under no circumstances be cause for a total or partial refund. If any order (single game, game packages or annual billing) is not used within 12 months of signing the cost estimate and/or paying the invoice, this is not grounds for a total or partial refund of the payment made.
The User may not upgrade or downgrade an order that is not subject to an annual billing (also known as subscription) once the order is confirmed. In the event a User upgrades to a more expensive plan when using annual billing (also called subscription), the new order will go into effect immediately. The user will automatically be billed and charged the full amount for the new order less the amount of the initial order, and will again be committed for a period of 365 days from the date of the upgrade. In the event a User downgrades to a less expensive plan when using annual billing (also called subscription), the User must cancel annual billing by following the instructions below. They will then be able to choose a less expensive plan once the annual billing (also called subscription) commitment period in place at the time of the downgrade ends. Downgrading may result in the loss of content and features. Fastory SA shall under no circumstances be held responsible for such losses, and it is up to the User, in this situation, to take all necessary steps in advance to preserve their content.
Account deletion
The User may, at any time and without conditions, delete their account. To do so, the user must click the “Delete my account” link on their “My Account” page. Under no circumstances shall an e-mail, chat conversation, telephone call, or request in any other form constitute a request to delete a user account and, therefore, such requests will not be acted upon. Any user-created content Fastory SA may have in its possession will be immediately deleted. Said content will be permanently deleted and irretrievable, and Fastory SA will retain no copies of content created by the User, which the User understands and accepts without reservation. Fastory SA reserves the right, without any specific formalities, to suspend or delete a User account and to deny Users access to its Services in the event that they violate these Terms of Use. Fastory SA will send the User a warning notice by electronic mail indicating that they are in violation of the Terms of Use and will suspend or delete the User account if the situation is not remedied within 15 days of said warning notice. Moreover, repeated violation of these Terms of Use justifies, without any specific formalities, the suspension or deletion of a User account, and/or denial of access to the Services of Fastory SA.
Facebook requires that Fastory notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform :
The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the “Facebook Site”) or to retrieve authorized data from third-party sites for use on the Facebook Site (“Platform Applications”). The “Facebook Platform” is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers (“Developers”) to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways. The Facebook Platform doesn’t give Developers access to your e-mail address, personal website, instant messenger ID, telephone number or street address (“Contact Information”). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy.
Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers (“Developer Applications”), Facebook may from time to time provide Developers access to the following information (collectively, the “Facebook Site Information”) : Any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information The user ID associated with your Facebook Site profile Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your “About Me” section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of “pokes” you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile. Privacy Settings : You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings. Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a “Developer Agreement”), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company’s sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer’s actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer. Facebook Applications. Platform Applications developed by Facebook (“Facebook Applications”) may also make use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with Facebook Applications only in accordance with the Facebook Privacy Policy.
Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. Please, review each developer’s Terms and/or policies carefully. Facebook Terms of Use. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Facebook Site Terms of Use, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Use directly contradict such Facebook Site Terms of Use, these Platform Application Terms of Use shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Facebook Site Terms of Use, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications; You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook’s prior written consent. Facebook may require you to agree to additional or different terms of use and may notify you of additional or different policies that may apply to particular Facebook Applications. All platform applications are provided «as is,» with no warranties whatsoever. Facebook expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Facebook expressly disclaims any warranties regarding the reliability, timeliness, availability and/or performance of any platform applications. You understand and agree that you download, install and/or use any platform applications at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download, installation or use of any platform applications. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. you may also have other rights that vary from state to state and jurisdiction to jurisdiction. Integration or “Entire Agreement” Clauses in Application-Specific Terms and Conditions. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any Facebook Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and Facebook with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in paragraphs III, except to the extent that such terms directly conflict with the terms of such other agreement or terms. Release and disclaimer. You hereby irrevocably release and agree to hold harmless Facebook and its affiliates, and each of their officers, directors, shareholders, employees and representatives, from any and all claims, costs, losses, liabilities and damages of any sort (whether direct, indirect, special, consequential or otherwise, and whether arising in tort (including negligence (whether active, passive or imputed)), contract, warranty, strict liability, reliance or under any other theory, and whether or not Facebook has been advised of the possibility of such damages) arising out of : Your download, installation or use of any Facebook applications or developer applications, Delivery of any information by Facebook to any developer Any use by any developer of any information, whether or not such use is in accordance with the developer agreement. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Modifications. Facebook reserves the right to modify these Platform Application Terms of Use at any time, in its sole discretion. If Facebook elects to modify this Agreement, Facebook will post a change notice or a new agreement on the Facebook Site. If any modification is unacceptable to you, your only recourse is to revoke your permission for Facebook to provide Facebook site information to developers as described in paragraph above. If you do not revoke such permission prior to the effective date of any change notice or new agreement posted on our site, you will be conclusively deemed to have accepted the change.
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