Date of Last Revision: June 28, 2011 Payments Terms When you make payments through Facebook, you agree to these Payments Terms. Making Purchases When you confirm a transaction on Facebook, you agree to be bound by and pay for that transaction. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying. Don't commit to a transaction unless you are ready to pay, because all sales are final. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. When you purchase a virtual gift from our gift shop, we commit to posting the gift and any accompanying message from you on the recipient's profile (or sharing it privately if you choose). Our obligation ends when we deliver the gift and message. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. Even though we use terms like purchase, buy, sell, and order to talk about transactions related to virtual gifts and credits, we don't transfer an ownership interest in those items. For example, the virtual gifts we make available through our gift shop are licensed to you, not sold. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH FACEBOOK. Payment Sources We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. Purchasing and Using Credits You may purchase credits from Facebook to purchase virtual goods, or to send gifts or special messages to other users. When you purchase or receive credits, you do not own the credits. Rather, you receive a limited right to use such credits in connection with certain features on Facebook, such as the purchase of a virtual gift. Except as otherwise stated, purchases of credits are non-refundable. You will not sell credits to anyone, or transfer them to anyone outside of Facebook. We may change the purchase price for credits at any time as well as the ways that you can use or transfer credits. We also reserve the right to stop issuing credits. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing. If you leave a balance of credits unused for three years, we may redeem those credits by sending virtual gifts to your Facebook friends or donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions). If you deactivate your account and do not reactivate it within 6 months, or if you delete your account, you will lose any accumulated credits. If we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months, we may redeem those credits by donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions). If you receive free or promotional Credits, we may expire them at any time. Actions We May Take As part of our effort to keep Facebook safe, we may take certain actions to reduce liability for users and us. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. We may cancel any transaction if we believe the transaction violates these Payments Terms or the Statement of Rights and Responsibilities, or we believe doing so may prevent financial loss. We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss. We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law. We may cancel any credits transferred, assigned, or sold in violation of these Payments Terms or the Statement of Rights and Responsibilities. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum. Disputes and Reversals If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent. We may intervene in disputes between users concerning payments but have no obligation to do so. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time. Special Provisions Applicable to Advertisers When you purchase advertising on or through Facebook, you agree to pay all amounts specified in the order, along with any applicable taxes. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account. You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads. Without limiting section 4.1, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so. Notices and Amendments to These Payments Terms We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent. Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by postal mail to: Facebook, Attention: Legal Department, 1601 California Avenue, Palo Alto, California, 94304. The Payment Terms in place at the time you confirm a transaction will govern that transaction. We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated credits. All amendments to these Payment Terms will be made pursuant to Sections 13 and 18 of the Statement of Rights and Responsibilities. Other All of the commitments you make in the Facebook Statement of Rights and Responsibilities apply to payments through Facebook. In the event of any conflict between these Payments Terms and the Facebook Statement of Rights and Responsibilities, the Payments Terms shall prevail. If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them. If you are a resident of or have your principle place of business in the US or Canada, these Payments Terms are between you and Facebook, Inc. Otherwise, these Payments Terms are between you and Facebook Ireland Limited. References to “us,” “we,” and “our” mean either Facebook, Inc. or Facebook Ireland Limited, as appropriate. Some countries may restrict or prohibit your ability to make payments through Facebook. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.
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