Oversight Board Terms for Public Comment Submissions

Updated January 15th, 2024

We are Oversight Board LLC (in these terms, “Oversight Board” / “we” / “our” / “us”), a Delaware limited liability company with offices at 1209 North Orange Street, Wilmington, DE 19801, United States of America.

1. WHAT’S IN THESE TERMS?

These Terms for Public Comment Submissions (“Terms”) set out the terms applicable when you submit your Comments to Oversight Board about our cases or policy advisory opinions, including via https://oversightboard.com/public-comments-portal/ or any other website we may choose from time to time (“Portal”). In these Terms, “Comments” means any data, information or materials that you provide to us via the Portal and any communications and interactions between you and us in relation to these Comments.

2.WHEN THESE TERMS APPLY

2.1 You acknowledge and agree that these Terms apply and will be binding on you when you submit Comments. Please read these Terms carefully before you submit any Comments, to ensure that you comply. If you do not agree to these Terms, do not submit Comments.

2.2 These Terms do not: (i) apply when you submit an appeal to Oversight Board as an eligible user of social medial platforms of Meta Platforms Inc. (“Meta”) and its affiliates, or that you provide through visiting oversightboard.com (the “Website”) or as part of an appeal; (ii) govern your use of the Website, which is governed by the Oversight Board Website Terms of Use; or (iii) apply to any Meta Products or related services, which are governed by terms between you and Meta and its affiliates. The Oversight Board is a service provider to Meta, as explained in the Data Policy for the Oversight Board’s Data Processing Activities.

3. HOW WE MAY AMEND THESE TERMS

We may amend these Terms at any time by posting the amended Terms on the Portal. Where required by applicable laws, we will notify you by email of such amendments using any contact information you have previously provided to us via the Portal.

4. WHO MAY NOT SUBMIT COMMENTS

4.1 If You are not yet 18 years old, You must have the permission of an adult to provide Comments and agree to these Terms, and that adult must be a parent or legal guardian who is willing be responsible for Your Comments.

You may not submit Comments to Oversight Board if you are younger than 13 years old (or a minor in the jurisdiction where you live), or if you do not have a legal authority to enter into these Terms or provide Comments.

4.2 Oversight Board retains the right at our sole discretion to deny anyone access to provide Comments or use the Portal, at any time and for any reason, including, but not limited to, for violation of these Terms.

5. RULES THAT APPLY TO COMMENTS YOU PROVIDE TO US

5.1 Submissions must:

be received within the stated deadline;
be no more than 5 pages in PDF, Word or .txt format, Times New Roman 12pt font. Pages are counted to include the entire document, inclusive of cover page and end notes;
include the commenter’s full name;
respond to the issues identified by the Oversight Board in the applicable request for public comments;
not contain abusive or violent language, harass, threaten, impersonate, intimidate, or encourage illegal activity;
not contain the Special Category Data (as defined in section 6 below) of any third party;
not breach any applicable local, national or international law or regulation;
not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; and
not contain any advertising or promote any services, or contain web links to other websites for purposes of advertisement or promotion.

5.2 You must ensure that you have, and will continue to have, all rights in and to the intellectual property rights in your Comments owned, licensed or otherwise necessary to comply with and perform your obligations under these Terms. Comments you provide must not infringe or breach someone else’s rights, including any intellectual property rights.

5.3 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software. You must not submit comments to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.4 You warrant that your Comments comply with these Terms, and you will be liable to us for any breach of that warranty. This means that to the extent permitted by applicable laws you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

6. DATA PROTECTION

6.1 Special category data is a type of personal data which has extra protections in certain jurisdictions. “Special Category Data” includes: race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health (such as whether you have a disability), genetic and biometric data, and information about criminal convictions and offences).

6.2 We encourage you NOT to submit Comments that contain your Special Category Data. However, if you choose to disclose your Special Category Data, you acknowledge you are solely responsible for any personal data or information that you provide to us. To the degree required under applicable laws and these Terms, you consent to us processing this Special Category Data in accordance with these Terms and the Oversight Board’s Operational Privacy Notice by the affirmative action of submitting any such Special Category Data to us.

6.3 You may only provide the personal data of other persons with their express prior consent. However, you may never provide us with Special Category Data of other people.

7. HOW WE MAY USE YOUR COMMENTS

7.1 We appreciate your contributing and providing Comments. Comments that you provide to Oversight Board are owned by you. By submitting your Comments, you grant us a license to use the Comments on a perpetual (non-terminable), worldwide, irrevocable, non- exclusive, royalty-free, fully transferable and fully sub-licensable basis to: i) make, sell, use, execute, reproduce, modify, adapt, display, make derivative works of, or perform, distribute, export, disclose and otherwise disseminate, transfer or exploit your Comments, at any time and from time to time, and in any way; ii) provide, promote, improve and amend our Portal; iii) sub-license your Comments to third parties, including to any of our suppliers or partners; and iv) to the extent you provide consent via the Portal, contact you to discuss your Comments; publish your Comments i; and publicly attribute your Comments to you and/or your organization using the details you provide to us.

7.2 If it is determined that you retain moral rights (including rights of attribution or integrity) in your Comments, you hereby declare that, to the extent permitted by applicable law: (a) you do not require that any personally identifying information be used in connection with your Comments, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Comments (pursuant to these Terms) by Oversight Board, our licensees, successors and assigns; (c) you fully understand and agree that Oversight Board is not obliged in any way to consider your Comments, nor to lend any particular weight to any of your Comments, as explained further below; (d) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Comments; and (e) you forever release Oversight Board and our licensees, successors and assigns, from any claims that you could otherwise assert against Oversight Board by virtue of any such moral rights.

7.3 This does not affect your rights in respect of your personal data, as explained in our Operational Privacy Policy.

7.4 You agree and understand that:

all Comments are submitted to us on a voluntary basis and for no monetary cost;
the Oversight Board has no obligation to publish, use or consider your Comments in any way;
we may remove your Comments (or attribution) from anywhere they are published or placed for any reason at any time, including for security reasons; and
we will not consider any Comments to be confidential information and have no obligation to treat any Comments or other information submitted to us as confidential.

8. COPYRIGHT, REPORTING SUSPECTED INFRINGEMENTS AND DMCA NOTICE

8.1 Persons who believe that their intellectual property rights have been infringed by Comments may submit a notice under the U.S. Digital Millennium Copyright Act or otherwise notify us using the details in the Oversight Board Copyright Agent section 8.3 below. The notice must include (i) a signature of a person authorized to act on behalf of the copyright holder; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material claimed to be infringing and that is requested to be removed or disabled; (iv) contact information (address, telephone number, and email) for the party submitting the notice;(v) a statement that the party submitting the notice has 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; and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8.2 It is unlawful in several jurisdictions, including the United States of America, to knowingly falsely claim that material is infringing and persons who do so may be liable for damages to a person injured by the misrepresentation as a result of our relying upon the misrepresentation.

8.3 We will investigate compliant notices submitted to us at:

Oversight Board Copyright Agent 1209 North Orange Street, Wilmington, DE 19801 contact@osbadmin.com

9. BREACH OF THESE TERMS

9.1 If we believe that a breach of this these Terms has occurred, we may take any action that we believe is appropriate, including, but not limited to:

withdraw your right to submit Comments;
remove any Comment or information uploaded by you;
initiate, pursue or assist in legal proceedings against you;
report any such breach to the relevant law enforcement authorities and disclose information to, and cooperate with law enforcement authorities.

10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

10.1 Your submission of Comments to Oversight Board is at your own risk. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS (“AFFILIATES”) BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR SUBMISSION OF COMMENTS, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES; LOST PROFITS, SALES, BUSINESS OR REVENUES; LOSS OF DATA OR INFORMATION; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED USD$100. NOTWITHSTANDING THE FOREGOING, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SET FORTH ABOVE. IN SUCH CASE, WE SHALL BEAR LIABILITY TO THE EXTENT REQUIRED BY SUCH LAW.

10.2 THE PORTAL IS PROVIDED “AS IS”. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OVERSIGHT BOARD DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING ANY IMPLIED CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. OVERSIGHT BOARD MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIALS CONTAINED ON THE PORTAL. OVERSIGHT BOARD MAKES NO REPRESENTATION OR WARRANTY THAT ANY FUNCTIONS IN THE PORTAL WILL BE UNINTERRUPTED OR FREE OF ERROR, VIRUSES, HARMFUL COMPONENTS, OR UNCORRECTED DEFECTS. YOU ARE RESPONSIBLE FOR CONFIGURING YOUR INFORMATION TECHNOLOGY, COMPUTER PROGRAMS AND PLATFORM TO ACCESS THE PORTAL.

11. ACCEPTABLE USE

11.1 You agree: (i) not to reproduce, duplicate, copy or re-sell any part of our Portal in contravention of the provisions of these Terms; (ii) not to use any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these Terms; (iii) not to access (or attempt to access) or collect without authority, interfere with, damage or disrupt: any part of our Portal or systems; any equipment or network on which our Portal is stored; any software used in the provision of our Portal; or any equipment or network or software owned or used by any third party; or (iv) attack our Portal or our systems via a denial-of-service attack or a distributed denial-of service attack.

12. OTHER TERMS

12.1 Contact details. If you need to contact us about these Terms, please email contact@osbadmin.com

12.2 Governing law and Jurisdiction: These Terms, and any dispute or claim, arising out of or relating to these Terms will be governed by the laws of the State of Delaware, United States of America (without regard to principles of conflicts of laws) and will be resolved exclusively in courts of the State of Delaware, United States of America.

12.3 Severability: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

12.4 Non-waiver of Terms. If we do not exercise or enforce any legal right or remedy including those contained in the Terms or arising under applicable law, this will not be taken to be a formal waiver of our rights.

12.5 Third Party Rights: These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.

12.6 Entire Agreement: These Terms constitute the entire agreement between you and us.

12.7 Our relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your submission of information for the consideration of Oversight Board.

12.8 Website Links: We have links to websites that are not under our control and we are not responsible in any way for any content shown on these websites.