Terms of Use

Last Updated: August 1, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OCULUS WEBSITES

The term “Oculus Website(s)” shall hereinafter be used collectively to refer to all websites owned and/or controlled and operated by Oculus and its subsidiaries, affiliates, agents, licensees or assigns, and which have an affixed hyperlink to these Terms of Use. The term “Oculus” shall hereinafter refer to Oculus VR, Inc, a California corporation, and any of its subsidiaries and affiliates.

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT (THIS “AGREEMENT” OR THE “TERMS OF USE”) BETWEEN YOU AND OCULUS. BY SIGNING UP FOR AN ACCOUNT OR USING ANY OCULUS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, DO NOT USE THE ACCOMPANYING OCULUS WEBSITES.

Oculus reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any Oculus Website feature, hours of availability, content, data, software or equipment needed to access Oculus Websites. Oculus will post notification of any such changes on the Oculus Website in question, and will post any revised Terms of Use in this location, and may provide such other notice as Oculus may elect in its sole and absolute discretion, which may include by email, postal mail, or pop-up screen. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your Oculus Website account and terminate the Account. The continued use of Oculus Websites by you following notice of changes to this Agreement will mean you accept any and all such changes. Oculus may change, modify, suspend, or discontinue any aspect of the Oculus Websites at any time. Oculus may also impose limits on certain features or restrict your access to parts or all of the Oculus Websites without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of the Oculus Websites, any data or in any terms or conditions of access to or use of the Oculus Websites.

1. Limited License to Use the Service.

All use of any Oculus Website services, software and other applications, which link to this Agreement, whether accessed directly or through a third party site (e.g., a social network) (individually or collectively referred to herein as the “Service(s)”), and the relationship between Oculus and you, with respect to your use of the Service, is governed by this Agreement. Subject to your compliance with and acceptance of the terms and conditions set forth in this Agreement, you may use the Service for your non-commercial purposes. Moreover, you agree to be bound by any application, forum or software specific rules or licenses published within the Service. This Agreement is in addition to, and does not replace or supplant, any end user license agreement, SDK license agreement, beta-testing or evaluation license agreement or other software license agreement (collectively, “SLA”) that applies to any Oculus software (“Software”) and any other agreements or terms provided by Oculus with respect to the Service or a particular Website. Any use of the Oculus Websites not in accordance with the Terms of Use, the SLA or other express terms or conditions is expressly prohibited. By accessing and using the Service, you represent that, if you are a legal resident of the United States, you are at least thirteen (13) years old, or over the age of majority in the country where you are a citizen, and agree to these Terms of Use on behalf of yourself, or on the behalf of your child or legal ward. If you are between the ages of thirteen (13) and seventeen (17) years old, you represent that your parent or legal guardian has reviewed and agreed to the Terms of Use.

2. Restrictions and Other Notifications.

2.1 You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to Oculus Website servers.

2.2 Oculus has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.

2.3 Oculus has the right to obtain “non-personal” data from your connection to the Oculus Websites in order to make certain demographic assumptions regarding the users of Oculus Websites without any further notice to you.

2.4 Oculus has the right to change, at any time, the (i) Oculus Websites or the Service, including the termination, change, or addition of any content or feature, (ii) the fees or charges, if any, related to the use of the Service or Oculus Websites, or (iii) the equipment, hardware or software necessary to use the Service or the Oculus Websites.

2.5 Oculus may from time to time offer certain contests, promotions and/or sweepstakes via the Oculus Websites. You agree that your participation in such is voluntary and shall be subject to the specific official rules and/or terms and conditions provided in connection therewith.

2.6 Oculus Websites require the creation and retention of electronic files, including without limitation accounts, statistics, user profiles, etc. (“SC Data”), which are stored by Oculus. While keeping SC Data safe is a priority of Oculus, note that Oculus shall not have any liability for the loss of any SC Data for any reason whatsoever.

2.7 Oculus reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation SC Data and any other information accumulated, stored or uploaded on Oculus Websites.

2.8 Oculus MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS AND WEBSITE ACTIVITY WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. You also hereby acknowledge that Oculus is under no obligation to monitor your electronic communications, and you engage in such communications at your own risk.

2.9 You acknowledge that portions of Oculus Websites may contain additional terms and conditions for use of a particular Service or license of particular Software. You agree that you will read and agree to those terms and conditions, including any applicable SLA, before using any such Service or Software. In the event that any terms or conditions posted on Oculus Websites conflict with these Terms of Use, these Terms of Use shall control, except in the case of SLAs, which shall be viewed as compatible whenever possible, with SLAs controlling over these Terms of Use in case of a direct conflict of terms.

2.10 YOU AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR USE OF THE OCULUS WEBSITES, INCLUDING BUT NOT LIMITED TO ANY STATEMENTS MADE, IMAGES POSTED, OR THIRD-PARTY SOFTWARE MADE AVAILABLE, AND YOU AGREE TO DEFEND AND HOLD HARMLESS OCULUS, AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, ASSOCIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES FROM ANY SUCH ACTIVITY CONDUCTED BY YOU OR THROUGH YOUR ACCOUNT ON THE OCULUS WEBSITES.

3. Establishing an Account.

3.1 In order to access and use the Oculus Websites and/or Service, you may be required to sign up for an Account (as defined below). You may establish one (1) user account, or access the Service through one (1) account on a third party website or service through which the Service is available (e.g., a social network) (the “Account”) pursuant to the terms, conditions and restrictions contained in this Agreement. In order to establish an Account, you must be 13 or older if you are a resident of the United States or over the age of majority in your country of residence. Users who are residents of the United States between the ages of 13 and 17 may establish an account only with permission and under the supervision of a parent or legal guardian who has reviewed and accepted the terms of this Agreement. You may not share the Account with anyone. You are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by Oculus. Oculus reserves the right to terminate an Account without notice if it believes, at its own discretion, that a user is under the age of 13, or is between the ages of 13 and 18 and is using any of the respective Oculus websites without parental consent or supervision.

3.2 To register for an Account you will be required to provide Oculus with certain information about yourself, including, but not limited to, your first and last name, e-mail address, username, date of birth, language and time zone. You may also have the opportunity enter credit card information and billing address if you will be purchasing items through the Service. All of the information you provide to us or that we collect from you will be subject to the terms and conditions of this Agreement and our Privacy Policy, which is incorporated herein by this reference. As such, it is imperative that you provide Oculus with accurate, up to date information. In the event that Oculus learns that you have provided false or misleading registration information, Oculus reserves the right to immediately terminate and disable or delete the Account.

3.3 During the registration process, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as “Password”). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. Oculus is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. Oculus is not responsible in the event that the Account is “hacked,” or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account. Oculus is not responsible for any loss or damage arising from your failure to provide accurate information. The user name you choose shall be subject to the naming guidelines contained in this Agreement.

3.4 Oculus does not recognize the transfer of Accounts. You may not offer any Account for sale or trade, and any such offer is a violation of this Agreement and will result in termination of the Account.

3.5 You agree to immediately notify Oculus of any unauthorized use of your Password or Account or any other breach of security. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

3.6 You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your Account is aware of the terms of and complies with this Agreement.

4. Oculus Rules of Conduct.

The Oculus Websites and Service are governed by certain rules of conduct that must be adhered to by all users of the Oculus Websites and/or Services. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be exhaustive, and Oculus reserves the right to determine which conduct it considers to be outside the spirit of these Terms of Use and to take such disciplinary measures as it sees fit, up to and including termination and deletion of the Account.
The Oculus Websites are here to provide you with an environment where you can enjoy the Service, discuss ideas, give advice, and converse about any other aspects of Oculus properties or Services with others. Community forums are at their best when participants treat their fellow posters with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when participating in these forums.
The guidelines and rules listed below explain what behavior is expected of you and what behavior you can expect from other community members. Note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such, the forum moderators shall have full discretion to address any behavior that they feel is inappropriate. Oculus reserves the right to suspend your access to the Service and/or Oculus Website forums at any time for reasons that include, but are not necessarily limited to, your failure to abide by these guidelines.
Notwithstanding the foregoing, Oculus has no obligation to monitor or supervise communications of any kind on the Oculus Websites, nor shall Oculus be liable for any damages for any loss or damages caused by the statements, posted images, or actions of third parties in connection with the Oculus Websites.

4.1 User Name.

Each user will select a user name during the registration process. If Oculus finds such a user name to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of your Account.
In particular, you may not use any name:

4.1.1 Belonging to another person with the intent to impersonate that person, including without limitation an employee or agent of Oculus.

4.1.2 That incorporates ‘swear’ words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

4.1.3 That belongs to a popular culture figure, celebrity, or media personality;

4.1.4 That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;

4.1.5 Belonging to any religious figure or deity;

4.1.6 Related to drugs, sex, alcohol, or criminal activity;

4.1.7 Referring to pop culture icons or personas. You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions.

4.2 General.

4.2.1 You will not advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use the Oculus Websites or Service for commercial purposes of any kind.

4.2.2 You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Oculus Websites, Service or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Oculus Websites.

4.2.3 You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other Account information, or another person’s name, likeness, voice, image or photograph.

4.2.4 You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

4.2.5 You will not submit, post, upload, distribute or otherwise make available or transmit any illegal content, or make statements that do not generally pertain to the designated topic or theme of the forum.

4.2.6 You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity in connection with the Service and/or Oculus Websites.

4.2.7 You will not communicate or post any user’s personal information in or on the Oculus Websites, Service or forums related to Oculus.

4.2.8 Post any content or language which, in the sole and absolute discretion of Oculus, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above.

4.3 While using the Service and/or Oculus Websites, you agree not to:

4.3.1 Use the Service or Software for any unlawful purpose or in any manner not intended by Oculus as contemplated herein and/or as stated within the Service or SLA, as applicable.

4.3.2 Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

4.3.3 Harvest or collect information about the Service, visitors to the Site or users of the Service without their express consent.

4.3.4 Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement.

4.3.5 Host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Software or using a utility program to host the Software or otherwise engage in commercial activities with respect to the Service.

4.3.6 Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage and/or modify the Software or the Service,” including, without limitation, creating cheats and/or hacks or using third-party software to access files in the Service.

4.3.7 Use “packet sniffing,” scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service or the Software.

4.3.8 Reverse engineer, decompile or disassemble all or any portion of the Service or Software.

4.3.9 Use the Oculus Websites or Service or any part thereof for any commercial purpose.

5. Consequences of Violating the Oculus Terms of Use.

Oculus may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of the Oculus Websites and/or Service. Violation of any of the terms and conditions set forth above may result in actions being taken by Oculus, effective immediately or at a time determined by Oculus, which may include without limitation: (i) temporarily suspending your Account and/or access to the Oculus Websites and/or Service, or (ii) permanently terminating your Account and/or access to the Oculus Websites and/or Service. Without limiting the foregoing, Oculus retains the right to decline service to any user who violates this Agreement or any SLA.

6. Ownership.

6.1 All title, ownership rights and intellectual property rights in and to the Service and the Oculus Websites (including without limitation any user accounts, software, titles, computer code, technology, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into Oculus Websites, transcripts of the chat rooms, character profile information, and the Oculus Website client and server software) are owned by Oculus or its licensors. The Service and Oculus Websites and any Software are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Service and Oculus Websites may contain certain licensed materials, and Oculus’s licensors may protect their rights in the event of any violation of this Agreement.

6.2 Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Oculus Websites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Oculus Websites are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Oculus to locate the material on the Oculus Website(s); (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party 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 notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Oculus against you, the DMCA permits you to send Oculus a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Oculus Websites should be sent to Oculus’s Copyright Agent for notice of claims of copyright infringement as follows: copyright@oculusvr.com.
Oculus’s Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Oculus Webite(s). Please note that these notifications and counter-notifications are legal notices. Oculus may provide copies of such notices to the participants in the dispute, or to third parties, at our discretion and as required by law. Please note that the information provided in these notices and counter-notices is not protected or kept confidential.

6.3 You may not use Oculus trademarks or trade dress in connection with any product or service that is not owned by Oculus, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages Oculus or its licensors. Except as expressly provided herein, Oculus and its licensors do not grant you any express or implied rights, and all rights, title and interest that Oculus has in and to the Oculus Websites and the content therein that are not expressly granted by Oculus to you are retained by Oculus.

6.4 License Grant of User-Generated Content to Oculus and Others. If and when you contribute user-generated content to the Oculus Websites, you expressly grant to Oculus a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the user-generated content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Oculus all licenses, consents and clearances to enable Oculus to use such user-generated content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such user-generated content.
If the Oculus Website to which you contribute user-generated content permits others to access and use that content as part of the Oculus Website Services, then you also grant all other users of the relevant Oculus Website the right to use, copy, modify, display, perform, create derivative works from and otherwise communicate and distribute your user-generated content on or through the Oculus Website(s) without further notice, attribution or compensation to you.

6.5 All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to Oculus (“Feedback”) shall be the exclusive property of Oculus. You hereby agree that Oculus may use, sell, exploit and disclose the Feedback in any manner, without restriction, and without compensation to you.

7. Termination.

7.1 This Agreement is effective until terminated. Either party may terminate this Agreement immediately by delivering to the other party written notice of such termination or by terminating the Account. Oculus reserves the right to terminate this Agreement without notice, if, in Oculus’ sole and absolute discretion, you fail to comply with any terms contained in this Agreement or SLA.

7.2 Notwithstanding anything to the contrary in this Agreement, Oculus reserves the right to suspend, permanently discontinue or terminate the Service, the Oculus Website(s), any Software and/or your Account, or your access to any of the foregoing, at any time. Upon any discontinuation or termination of the Service, Oculus Website(s), Software or your Account, this Agreement shall terminate with respect to the applicable Service, Software, Account and/or Oculus Website. IN THE EVENT OF ANY SUSPENSION, DISCONTINUATION OR TERMINATION OF THIS AGREEMENT, THE SERVICE, OCULUS WEBSITES, SOFTWARE OR YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OR OTHER COMPENSATION FOR ANY REASON.

8. Equitable Remedies.

The rights granted to you and obligations made hereunder to Oculus are of a unique and irreplaceable nature, the loss of which shall irreparably harm Oculus and which cannot be replaced by monetary damages alone. As a result, in the event that you breach this Agreement, you hereby agree that Oculus would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Oculus shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Oculus may otherwise have available to it under applicable laws. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

9. Jurisdiction.

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any state and federal courts located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

10. Severability.

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.

11. Waiver.

The failure by Oculus to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

12. Limitation of Liability.

NEITHER OCULUS NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR OCULUS WEBSITES (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES CONTAINED THEREIN), YOUR ACCOUNT, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE OCULUS WEBSITES, EVEN IF OCULUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT OCULUS, ITS LICENSORS AND ITS LICENSEES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ON THE OCULUS WEBSITES OR USE OF SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE OCULUS’, ITS LICENSORS’ AND ITS LICENSEES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE OCULUS WEBSITES, OR ANY PART THEREOF, IS TO STOP USING THE OCULUS WEBSITES. THE MAXIMUM AGGREGATE LIABILITY OF OCULUS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID (IF ANY) TO OCULUS FOR THE SERVICES.

13. Disclaimers.

13.1 THE INFORMATION, CONTENT AND MATERIALS ON OCULUS WEBSITES AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY OCULUS WEBSITE OR SERVICE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OCULUS WEBSITE, SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY OCULUS WEBSITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY OCULUS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13.2 Oculus explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any Oculus Website or Service. Oculus cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Oculus Website or Service or third-party information, content or materials contained on Oculus Websites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information).

13.3 NEITHER OCULUS NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE OCULUS WEBSITES OR THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, Oculus SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE OCULUS WEBSITES. MOREOVER, NEITHER OCULUS NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.

13.4 You may not be able to access Oculus Websites whenever you want, and there may be extended periods of time where you cannot access Oculus Websites.

13.5 Oculus shall not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of Oculus ; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Oculus ‘s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

14. Privacy Policy.

You understand that any information provided by you or collected by Oculus in connection with your use of the Service and/or Oculus Websites will be used in the manner described herein and pursuant to the terms and conditions of the Oculus Privacy Policy, such Privacy Policy being incorporated into and made a part of this Agreement by this reference. The latest version of the Oculus Privacy Policy may be found at: http://www.oculus.com/privacy/. If you do not agree to the terms of the Privacy Policy, you may not use the Service or Oculus Websites. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Service, Oculus Websites and/or the information contained in your Account will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.

15. General Provisions.

15.1 Links. You should be aware that when you are using the Service and/or Oculus Websites, you could be directed to other sites that are beyond Oculus’ control. There may be links to other sites from the Oculus Websites or Services that take you away from the Oculus Websites. These links are for convenience only and you access them at your own risk. Oculus takes no responsibility and assumes no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

15.2 By permitting advertising on the Oculus Websites and/or Services, Oculus makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. Oculus specifically disclaims liability for direct, indirect, incidental, consequential, special, exemplary or punitive damages of any kind or under any theory of law arising from such advertisements. By responding to an advertisement on any of the Oculus Websites, you waive any claims against Oculus for damages arising from such advertisement or your reliance upon statements in such advertisement. YOU AGREE THAT USE OF SUCH THIRD-PARTY WEBSITES AND SERVICES IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY OCULUS, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/OR NONINFRINGEMENT. OCULUS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH OR LINKED TO OR FROM THE Oculus WEBSITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, WHETHER OR NOT OCULUS MAY HAVE RECEIVED SOME FORM OF REVENUE OR OTHER REMUNERATION IN CONNECTION WITH ANY SUCH TRANSACTION.

15.3 As a condition of your access to and use of the Oculus Websites and/or Service, you agree to indemnify, defend and hold Oculus and its directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) your access to and use of the Oculus Websites and/or Service and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the Oculus Website and/or Service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of this Agreement, any SLA, the Oculus Privacy Policy, any specific rules published within the Service and any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the Oculus Website and/or Service; (iv) Oculus’s resolution (if any) of any dispute you have or claim to have with one or more users of the Service; (v) your improper authorization for Oculus to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Oculus disclose your personal information and other information collected as set forth in our Privacy Policy).