TERMS OF SERVICE AND PRIVACY
POLICIES SPECIFIC TO OCULUS ACCOUNT USERS
Date of Last Revision: November 22, 2021
1. THESE GAME TERMS
1.1. Parties. These terms (the “Games Terms”) govern your use of Oculus Studios Games (the “Games”) and form an agreement between you and Facebook, Inc., if you reside outside of the European Region, or you and Facebook Ireland Limited, if you reside in the European Region (“Facebook” or “we” or “us” or “our”). “European Region” means the European Union and the United Kingdom and is further defined here. By using the Games you agree to the Games Terms.
1.3. Terms of Purchase. If you use a Facebook account or an Oculus account to access the Games, the Oculus Store Terms apply to any order, download, or purchase of or made through the Games on the Oculus platform (including free software and content), and if you place any such order or make any such purchase or download, you agree to such terms. If you access the Games through another platform, that platform’s terms will apply. To the extent permitted by law, any refunds or credits for purchase of a Game or any In-Game Content (defined in Section 2.2 (In-Game Content) below) are subject to the policies of relevant game platforms. The Oculus refund policy applies to Games accessed through the Oculus platform.
1.4. Conflict of Terms. Where there is any conflict between these Games Terms and any other terms applicable to your use of the Games, these Games Terms shall take precedence.
1.5. The Games are intended solely for users who are 13 or older. Any use of the Games by anyone under the age of 13 is unauthorized, unlicensed, and in violation of the Games Terms. You certify that you are of the legal age of majority in the jurisdiction in which you reside and accept and agree to be bound by the Games Terms, or if you are between the ages of 13 and the legal age of majority, that you are using the Games with the supervision of your parent or legal guardian who agrees to be bound by the Games Terms, and that you have reviewed the Games Terms with your parent or guardian so that you both understand all of your rights and obligations. As described in Section 9.3, use of the Games in violation of this provision may result in restriction, suspension, or disablement of your access to or use of the Games and/or your account. Additionally, Games may receive a rating from the International Age Rating Coalition, which rating may vary by jurisdiction. Parents should consult the individual rating of each Game, if applicable, before permitting their minor children to play.
NOTICE: AS FURTHER EXPLAINED IN SECTION 7 (DISPUTE RESOLUTION) BELOW, YOU AGREE THAT DISPUTES THAT YOU HAVE AGAINST US OR OUR AFFILIATES ARISING OUT OF OR RELATED TO THESE GAMES TERMS OR YOUR USE OF THE GAMES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW. IN SOME JURISDICTIONS THE PROVISIONS INCLUDED IN SECTION 7 ARE PROHIBITED OR NOT ENFORCEABLE. NO PROVISIONS IN SECTION 7 WILL THEREFORE BE BINDING ON YOU IN CIRCUMSTANCES WHERE THEY ARE PROHIBITED OR NOT ENFORCEABLE IN THE JURISDICTION IN WHICH YOU ARE RESIDENT.
2. THE GAME
2.1. Screen Name. You may be able to select a screen name upon accessing the Games. If you do not choose a username or a screen name, we may automatically assign you a username.
2.2. In-Game Content. We may offer certain upgrades, add-ons, features, and other options, or in-game content, within and via the Games (“In-Game Content”). In-Game Content may include, for example, virtual currency, points, achievements, badges, avatars, character skins, weapons, or other gear for your character, experience boosts, or other items that may improve your in-game experience. In-Game Content may also include access to quests or challenges that allow you to unlock additional rewards. You may purchase access to certain In-Game Content, or receive access to In-Game Content in connection with a purchase, or as part of a special event. You may also be able to obtain certain In-Game Content without purchase, such as through an event or through gameplay. Facebook retains all rights to all In-Game Content, and any In-Game Content you access or use through the Games remains the property of Facebook. With respect to In-Game Content purchased or otherwise made available to you, you will receive a limited, revocable, non-exclusive, non-assignable license to access and use that In-Game Content or functionality in the Games, conditioned on your compliance with these Games Terms. In-Game Content purchased or available to you in the Games can only be used in connection with the Games where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Games for money or other items of value. In-Game Content may be subject to additional terms and conditions that may be included herein or in-game before you use or purchase such In-Game Content.
2.3 User Content. The Games may include interactive features and areas where you may create, share, post, stream, or upload content on or in connection with the Games (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. If you use content covered by intellectual property rights that we have made available through the Games (for example, images, designs, videos, or sounds), we retain all rights to that content (but not your User Content). You are solely responsible for the User Content you make available through the Games and you represent and warrant that:
(a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents, and releases that are necessary to grant to us the rights specified in this Section and in Section 3;
(b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations;
(c) your User Content does not violate our Community Standards (also known as the Facebook Rules), Conduct in VR Policy, or any other terms or policies provided in connection with the Games, regardless of whether you are accessing the Games via the Facebook or Oculus platform; and
(d) your User Content does not include any Open Source Components. The term “Open Source Components” means any software component that is subject to any open source copyright license agreement, including software available under the GNU Affero General Public License (AGPL), GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Apache License, BSD licenses, or any other license that is approved by the Open Source Initiative.
2.4. Ratings and Objectionable Content. We may display age, comfort and content ratings for the Games. We cannot guarantee that digital content ratings will always be accurate, nor can we promise that you will not find some material harmful, offensive, indecent or objectionable. The Games may contain links to third-party websites, applications or other Third-Party Services, and you understand that by accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand that you may be exposed to content from a variety of sources when using the Games and acknowledge that content may be inaccurate, offensive, indecent, or otherwise objectionable. You agree that Facebook shall not be responsible or liable for content posted by you, other users of the Games, or a third party.
2.5 Modifications to the Games. The functionality, performance, or both of the Games may change over time. We may introduce new features, impose limits on, suspend, eliminate, change, or update certain existing features or any part of the Games, or restrict access to parts or all of any the Games. We may offer free trials or other limited versions of the Games so that you can preview the Games before purchase. These versions may have limited features, restrict the permitted time of use and contain other limitations.
3.1. The Permissions You Give Us. We need certain permissions from you to provide the Games. These include legal permissions (known as a “license”) to use content, including User Content, you upload to or create on the Games. Specifically, to the extent permitted by applicable laws, when you create, share, post, or upload content on or in connection with the Games, you hereby grant us a perpetual, non-revocable, non-exclusive, transferable, sub-licensable, royalty-free, fully paid-up, worldwide license to host, use, interact with, supplement, manipulate, distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of your content in any and all media whether now or hereafter known solely for the purposes of providing and improving the Games and other Facebook Products and services. This means, for example, that if you create or upload User Content to the Games, you give us permission to store, copy, and share it with others. Except as provided in Section 3.2, this license will end when your content is deleted from our systems. You also agree that other users may interact with, supplement, manipulate, and modify (in whole or in part) any content, including User Content, uploaded to, created in, or otherwise incorporated into the Games. To the fullest extent permitted by law, you hereby waive and agree to waive, and agree not to exercise, all rights known or referred to as “moral rights,” “artist’s rights,” “droit moral,” or other similar rights in and to any such content, including User Content. These rights may include, for example, the right to be identified as the author of a written work, and the right to object to any unfair treatment of a written work. If you use a Facebook account to access the Games, you hereby give us permission to use your name, profile picture and information about your actions that you have taken in the Games with ads, offers, and sponsored content that we display across our Facebook products, without any compensation to you. Ads such as these can be seen only by people who have your permission to see the actions that you've taken in Games. You can learn more about your ad settings and preferences at https://www.facebook.com/about/ads/.
3.3. Permission to Update Software You Use or Download. If you download or use our software, you give us permission to download and install updates to the software where available. For clarity, this right includes permission to download and install updates to the software embedded on the device you use to access the Games.
4. WHAT YOU CAN SHARE AND DO ON THE GAME
4.1. Permission to Use. Facebook grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to install, access and use the Games on compatible devices that you own or control solely for personal non-commercial purposes, conditioned on your compliance with these Games Terms.
4.2. Your Obligations. By accessing or using the Games, you agree that you will not:
(a) access or use the Games in any manner that could interfere with, disrupt, negatively affect, or inhibit anyone from fully enjoying the Games, including, but not limited to, cheating, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content;
(b) damage, disable, overburden, or impair the functionality of the Games in any manner;
(c) access or use the Games for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Games Terms, the Community Standards (also known as the Facebook Rules), the Conduct in VR Policy, or any other terms or policies provided in connection with the Games;
(d) use or attempt to use another user’s account without authorization from such user;
(e) modify, adapt, hack, or emulate the Games;
(f) use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorized by us to access the Games or extract data;
(g) circumvent or attempt to circumvent any filtering, security measures, or other features designed to protect the Games or third parties;
(h) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Games, except as otherwise expressly provided herein; or
(i) infringe upon or violate our rights or the rights of our users or any third party.
4.3. Prohibitions and Content Removal. You are responsible for the content you create alone and/or together with others. Do not make objectionable content available on or through the Games that encourages or enables cheating, violates the Facebook Community Standards, the Conduct in VR Policy, or our other terms and policies. In addition, you may not create currencies, crypto currencies, stocks, banks, stock exchanges, or similar financial instruments with any “real world” monetary value. We, at our sole discretion, may remove, delete, modify, or restrict access to content, including User Content, that we determine violates our terms and policies, including content that infringes intellectual property rights (such as by infringing another’s copyright or trademark rights, or distributing or selling counterfeit or pirated goods). We encourage you to report content or conduct that you believe violates your rights or our terms and policies. If you believe that anything on or available through the Games infringes any intellectual property rights you own or control, you may submit a notification of such infringement with our Designated Agent as stated below:
Attn: Designated Agent
1 Hacker Way
Menlo Park, CA 94025, USA
Phone: +1 (650) 543-4800
Email address: email@example.com
4.4. Safety Specialists. We may use safety specialists for your safety in the Games. These safety specialists may be able to see, hear, and record your interactions in the Games in real time without being visible to you.
5. WARNINGS AND DISCLAIMERS
5.1 Jurisdictional Limitations. IN SOME JURISDICTIONS THE LIABILITY PROVISIONS INCLUDED IN THIS SECTION 5 ARE PROHIBITED. NO PROVISIONS IN SECTION 5 WILL THEREFORE BE BINDING ON YOU IN CIRCUMSTANCES WHERE THEY ARE PROHIBITED IN THE JURISDICTION IN WHICH YOU ARE RESIDENT.
5.2 General Warranties. We work hard to provide the best products and services we can and to specify clear guidelines for everyone who uses them. However, to the maximum extent permitted by law, our products and services are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Nothing in this Section will limit our obligations to supply the Games in accordance with any statutory warranties required under consumer laws applicable in your place of residence.
5.3 Health and Safety Warning. THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING THE GAMES. TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT, AND PROPERTY DAMAGE, PLEASE ENSURE THAT ALL USERS OF THE GAMES CAREFULLY READ THE WARNINGS AND INSTRUCTIONS PROVIDED AT THE LINK ABOVE BEFORE USING THE GAMES. SOME GAMES INVOLVE INTENSE PHYSICAL ACTIVITY, AND YOU MAY WANT TO CONSULT YOUR DOCTOR BEFORE PLAYING. ADDITIONALLY, SOME PEOPLE (ABOUT 1 IN 4,000) MAY EXPERIENCE SEIZURES WHEN EXPOSED TO CERTAIN FLASHING LIGHTS, PATTERNS OR IMAGES, EVEN WITH NO HISTORY OF EPILEPSY OR SEIZURES.
FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO YOUR VIRTUAL REALITY SYSTEM, ACCESSORIES, CONNECTED DEVICES, OR OTHER PROPERTY, AND MAY INCREASE THE RISK OF PERSONAL INJURY, DISCOMFORT, OR OTHER POTENTIAL HAZARDS. IN USING THE GAMES, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THESE INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO) AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.
5.4. Indemnification. To the maximum extent permitted by law, you agree to defend (at our request), indemnify, and hold harmless Facebook and its affiliates, and their independent contractors and service providers, and each of their respective directors, officers, employees, and agents (collectively, “Facebook Parties”) from and against all claims, liabilities, damages, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising out of or in any way connected with (a) your violation of these Games Terms, or any other applicable terms, policies, warnings, or instructions; (b) your violation of any applicable law or any rights of any third party; and (c) any content, including User Content, you provide, upload, or transmit via the Games.
5.5 Liability Limitations. Facebook’s liability shall be limited to the fullest extent permitted by applicable law, and Facebook will not be liable to you for (i) losses that are not caused by our breach of these Games Terms or otherwise by our acts, (ii) losses that are not reasonably foreseeable by you and us at the time of entering into these Games Terms, and (iii) losses caused by events beyond our reasonable control. To the fullest extent permitted by applicable law, our aggregate liability arising out of or relating to these Games Terms or the Games will not exceed the greater of $500 or the amount you have paid for the Games in the past six (6) months.
6. TRANSFER AND TRADE COMPLIANCE
You will not use or allow others to use the Games if you or they are or become (a) identified in any US Office of Foreign Assets Control’s Specially Designated Nationals Lists or Entity List or any other US or EU export control list; or (b) located in a country subject to comprehensive US or EU trade sanctions. You will not and you will not allow others to use, distribute, or transfer the Games in any manner that violates applicable law, including all applicable export control and trade sanctions laws.
7. DISPUTE RESOLUTION
PLEASE READ THIS SECTION 7 (DISPUTE RESOLUTION) CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 7 REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) THAT YOU HAVE AGAINST US ARISING OUT OF OR RELATED TO THESE GAMES TERMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
IN SOME JURISDICTIONS, THE PROVISIONS INCLUDED IN THIS SECTION 7 ARE PROHIBITED OR NOT ENFORCEABLE. NO PROVISIONS IN THIS SECTION 7 WILL THEREFORE BE BINDING ON YOU IN CIRCUMSTANCES WHERE THEY ARE PROHIBITED OR NOT ENFORCEABLE IN THE JURISDICTION IN WHICH YOU ARE RESIDENT. IN SUCH CIRCUMSTANCES, WHERE YOU HAVE A LEGAL RIGHT TO DO SO, YOU MAY BRING A CLAIM TO ENFORCE YOUR CONSUMER RIGHTS IN CONNECTION WITH THESE GAMES TERMS BEFORE THE COURTS OF YOUR RESIDENT COUNTRY.
7.1 Initial Dispute Resolution. In the event that you have any dispute with us that is connected to the Games Terms or use of the Games or related services, you may contact us at https://support.oculus.com/, and we will endeavor to resolve the dispute.
7.2 Binding Individual Arbitration. You can bring claims in your local “small claims” court, if the rules of that court will allow it. If you do not bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration.
Subject to the above exception, you and Facebook agree that any cause of action, legal claim, or dispute that you have against us arising out of or related to these Games Terms, the Games, or related services (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other users of the Games.
If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this Section 7. For any claim that is not arbitrated or resolved in small claims court or an appeal thereof or not subject to arbitration, you agree that it will be resolved exclusively in the US District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. YOU EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
7.3 Right to Opt Out. This arbitration provision is governed by the Federal Arbitration Act. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER DESCRIBED ABOVE, YOU MUST NOTIFY FACEBOOK IN WRITING WITHIN 30 DAYS OF PURCHASING THE GAME (OR IF NO PURCHASE WAS MADE, THEN WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCESS OR USE THE GAME AND AGREE TO THESE GAMES TERMS) UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. To opt out, you must send your name, residence address, and the email address you used to access the Games, and a clear statement that you want to opt out of the binding arbitration and/or class action waiver to:
ATTN: FRL Legal/Oculus Studios Games Opt-out
1601 Willow Road
Menlo Park, CA 94025
7.4 Arbitration Process. Before you commence arbitration of a claim, you must provide us with a written notice of dispute that includes your name, residence address, username, and email address you used to access the Games, a detailed description of the dispute, and the relief you seek. Any notice of dispute you send to us should be mailed to:
ATTN: FRL Legal/ Oculus Studios Games Arbitration Filing
1601 Willow Road
Menlo Park, CA 94025
Before we commence arbitration, we will send you a notice of dispute to the email address you used to access the Games, or by other appropriate means. If we are unable to resolve a dispute within 30 days after the notice of dispute is received, you or we may commence arbitration.
The American Arbitration Association (“AAA”) will administer all arbitrations under its Consumer Arbitration Rules, as amended by these Games Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with AAA's applicable rules, including rules regarding frivolous or improper claims.
7.5 Miscellaneous Dispute Resolution. Notwithstanding any of the foregoing, nothing in these Games Terms will preclude you from bringing issues to the attention of national, federal, state, or local agencies or regulators and, if the law allows, they can seek relief against us for you. Disputes related to intellectual property rights (like copyrights, patents, trademarks, and trade secrets) are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions are for a court to decide, in the jurisdictions specified in Section 7.2.
8. GOVERNING LAW. The courts in some countries may not apply California law to some types of disputes. Where California law is excluded, your country’s laws may apply to such disputes, excluding the UN Convention on the International Sale of Goods. In all other cases, the laws of the State of California, to the extent not preempted by or inconsistent with US federal law, will govern these Games Terms and any claim, without regard to conflict of law provisions. For the avoidance of doubt, in no case may the aforesaid governing law prejudice the level of consumer protection ensured by the laws of your country of residence.
9. ADDITIONAL PROVISIONS
9.1. Updates. These Games Terms may be updated from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Games Terms (including by posting the amended text of the Games Terms on the website) and give you a reasonable opportunity to review the updated Games Terms before they go into effect.
In some circumstances, we may ask you to expressly agree to the updates we make to the Games Terms. If we don’t do this, your continued use of the Games after the effective date of the updated Games Terms constitutes your acceptance of those terms. We hope that you will continue using the Games, but if you do not agree to our updated Games Terms, you must cease use of the Games. In the event that you notify us that you do not agree to our updated Games Terms but you fail to cease use of the Games then we will take steps to delete or disable your access to or use of the Games to the fullest extent permitted by law.
9.2. Entire Agreement. These Games Terms and all other applicable terms make up the entire agreement between you and Facebook regarding your use of the Games and supersede any prior agreements regarding your use of the Games.
9.3. Termination. We may suspend or disable your access to or use of the Games if: (1) we determine that you have breached these Games Terms or any additional terms they reference; (2) we believe your access to or use of the Games creates a health or safety risk; or (3) you otherwise create legal risk or possible legal exposure for us. If you delete or we disable your access to or use of the Games, these Games Terms shall terminate as an agreement between you and us, but the provisions in Section 3 (Permissions), Section 4 (What You Can Share and Do on the Game), Section 5 (Warnings and Disclaimers), Section 7 (Dispute Resolution), Section 8 (Governing Law), Section 9.3 (Termination), and Section 9.4 (Assignment) will remain in place.
9.4. Assignment. You may not, without Facebook’s prior written consent, assign, transfer, charge, or subcontract all or any of your rights or obligations under these Games Terms, and any attempt to do so without that consent will be null and void. If restrictions on the transfer of the rights in these Games Terms are not enforceable under the laws of your country, then these Games Terms will be binding on any recipient.
Facebook may at any time assign, transfer, charge, or subcontract all or any of our rights or obligations under these Games Terms or any additional terms that they reference.
9.5 Severability. If any provision of these Games Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Games Terms and will not affect the validity and enforceability of any remaining provisions. If we fail to enforce any of the Games Terms, it will not be considered a waiver.