TERMS OF SERVICE AND PRIVACY
POLICIES SPECIFIC TO OCULUS ACCOUNT USERS
Effective Date: October 11, 2020
1.1. Thanks for choosing Facebook Horizon (“Horizon”). Your use of Horizon is governed by both the Facebook Terms of Service (located at facebook.com/terms), which you may have entered into with Facebook Ireland Limited or Facebook, Inc. (“Facebook” or “we” or “us” or “our”), and these Supplemental Beta Facebook Horizon Terms of Service (together the “Horizon Terms”). Horizon constitutes a “Facebook Product” as set forth here: facebook.com/help/1561485474074139.
1.2. Our Supplemental Oculus Data Policy (located at oculus.com/legal/privacy-policy) supplements the Facebook Data Policy (located at facebook.com/policy), which together explain how we collect, use, and share information when you use Horizon. For clarity, Horizon constitutes an “Oculus Product” as set forth here: https://support.oculus.com/4219132468160056/.
1.3. Certain Third-Party Services (as defined below) are also available in Horizon. Your use of these services may be subject to the terms, conditions, and policies governing those Third-Party Services (see below for further details).
1.4. Where there is any conflict between these Supplemental Beta Facebook Horizon Terms of Service and the Facebook Terms of Service or any other terms applicable to Horizon (as further set out in the Facebook Terms of Service), these Supplemental Beta Facebook Horizon Terms of Service shall take precedence. Terms used but not defined herein have the meanings given in the Facebook Terms of Service.
2.1. Horizon is an ever-expanding virtual world where you can explore, play games, create, and collaborate with other users.
2.2. In order to use Horizon, you must (1) have an active and valid Facebook account and (2) have logged into Facebook on Oculus.
2.3. Because Horizon involves additional features, there are a number of terms specific to your use of Horizon. These are set out in detail below, but in summary:
2.3.1. When you create content in Horizon, it forms part of the Horizon ecosystem and is available for Horizon users to see and interact with. Therefore, by using Horizon, you also allow other users to interact with, supplement, manipulate, and modify (in whole or in part) content that you create or upload.
2.3.2. Similarly, when using Horizon, Facebook may make available to you features that allow you to create, develop, modify, or contribute to other users’ content.
2.3.3. Horizon allows you to build a world of your own or invite other users to collaborate with you and jointly build virtual worlds and content within those worlds. All users invited to jointly create a virtual world are able to create, develop, and modify each other’s content in that world, including deleting that content, as well as contributing new content.
3.1. The Permissions You Give Us - We need certain permissions from you to provide Horizon. In addition to what is set out in paragraph 3.3 of the Facebook Terms of Service, these include legal permissions (known as a “license”) to use content you upload to or create on Horizon. Specifically, when you create, share, post, or upload content that is covered by intellectual property rights on or in connection with Horizon, you grant us a perpetual, non-revocable, non-exclusive, transferable, sub-licensable, royalty-free, fully paid-up, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This means, for example, that if you create or upload content to Horizon, you give us permission to store, copy, and share it with others. Horizon allows you to interact with, supplement, manipulate, and modify (in whole or in part) other users’ content, and likewise allows other users to interact with, supplement, manipulate, and modify (in whole or in part) your content subject to these Horizon Terms. As part of the license you grant to us, you agree that Facebook, its affiliates, and other users of Horizon may interact with, supplement, manipulate, and modify (in whole or in part) any content you have rights in, upload to, or create in Horizon. To the fullest extent permitted by law, you waive and agree to waive, or 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.
3.2. Permissions upon Account Deletion - Content that you create in, modify in, or upload to Horizon in accordance with these Horizon Terms may continue to exist on our systems and in Horizon even after you have deleted your account. When you delete your account, others you have invited to build your worlds, if any, may assume management of them under certain circumstances. You therefore agree that the license you grant to us to use your content under these Horizon Terms, along with consents given in relation to that content, will not expire and will continue even after you delete your account.
4.1. Permission to Use - Facebook grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to install and use Horizon on compatible devices that you own or control to access and use Horizon.
4.2. Your Obligations and Safety - What you can share and do on Horizon is set out at paragraph 3.2 of the Facebook Terms of Service as well as the Facebook Community Standards (located at facebook.com/communitystandards) and the Conduct in VR Policy (located at https://support.oculus.com/1694069410806625/).
4.3. Recording and Monitoring for Safety - When you use Horizon, your device will record (through a rolling buffer processed locally on-device) your and other users’ most recent audio and other interactions in Horizon. This audio data from this rolling buffer is not stored on our servers unless a report is submitted. However, other data, including data collected through platform services and integrations, about your experience may be stored on our servers. You may submit the data from your device, which we associate with contextual data, to us in order to report abuse, combat harmful conduct, and protect and support our community. Other users who are nearby may similarly submit these types of reports. If you do not submit a report, the audio recordings will be cleared when more time has elapsed than the rolling buffer. If you submit a report, the recordings are submitted with the report and retained for as long as necessary to investigate and fully resolve the report, after which time the recordings are deleted. In some cases, we may need to retain the recordings for longer, where it is necessary in order to comply with applicable law.
4.4. Safety Specialists - We use safety specialists to investigate abuse reports in real time. If safety specialists are called to your location, they can see, hear, and record your interactions in real time.
4.5. Objectionable Content - You are responsible for the content you create alone and/or together with others, so please do not make objectionable content available on or through Horizon that violates the Facebook Community Standards, the Conduct in VR Policy, or our other terms and policies. If you do, we reserve the right to take down the content or suspend your account. For example, we may take such action where content improperly includes personally identifiable information, encourages impersonation, or otherwise violates the Facebook Community Standards, the Conduct in VR Policy or our other terms and policies. In addition, you may not create currencies, stocks, banks, stock exchanges, or similar financial instruments. Facebook may at any time remove, delete, edit, or restrict access to content that violates these Horizon Terms, the Facebook Community Standards, and/or the Conduct in VR Policy.
You understand that you may be exposed to content from a variety of sources when using Horizon 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 Horizon, or a third party.
4.6. Third-Party Services - Horizon can be used to access certain user-facing software, services, and content provided by third parties (together “Third-Party Services”). Your use of Third-Party Services is at your own risk. Use of Third-Party Services may be subject to additional terms, conditions, fees, and policies imposed by the third party (together, “Third-Party Terms”). When interacting with any Third-Party Services, you are responsible for complying with any applicable Third-Party Terms, and we recommend that you review any applicable Third-Party Terms before using Third-Party Services. To the extent permitted by applicable laws, we assume no obligations or liability with respect to any Third-Party Services, and we make no representations or warranties with respect to them.
4.7. Limitations Relating to Sound Recordings and Musical Works - Facebook may choose to make available to users copyrighted sound recordings and the musical works embodied in the sound recordings (“Licensed Music”) in connection with features of Horizon. If Facebook makes Licensed Music available to you, Facebook grants you permission to use Licensed Music solely for creating content on Horizon. This permission is in the form of a non-exclusive, non-sublicensable, personal, limited, revocable, non-transferable license to (1) synchronize the Licensed Music into content on Horizon during the period of time that the Licensed Music is made available through Horizon and (2) play, listen, and interact with content containing Licensed Music solely through Horizon. If you modify, edit, sample, or remix any of the Licensed Music within content on Horizon, any new or derivative works created will also be Licensed Music and Facebook will retain the rights to those works. To the extent permitted by applicable law, you hereby assign and shall assign your rights in those new or derivative works of Licensed Music to Facebook, and agree not to make any claim based on moral rights, but you may use those new or derivative works of Licensed Music subject to the limited license above. For clarity, this license does not permit you to sell, license, sub-license, or rent Licensed Music or any new derivative works you or others create from the Licensed Music.
5.1. 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. We do not control or direct what people and others 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).
5.2. THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING HORIZON OR USING AN OCULUS VIRTUAL REALITY SYSTEM, WHICH ARE AVAILABLE AT oculus.com/legal/health-and-safety-warnings.
5.3. WARNING: FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO YOUR OCULUS VIRTUAL REALITY SYSTEM, ACCESSORIES, CONNECTED DEVICES, OR OTHER PROPERTY, AND MAY INCREASE THE RISK OF PERSONAL INJURY, DISCOMFORT, OR OTHER POTENTIAL HAZARDS. BY USING HORIZON, 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.
6.1. Updates - These Horizon Terms may be updated from time to time to accurately reflect our services and practices. Updates will be made in accordance with paragraph 4.1 of the Facebook Terms of Service. We hope that you will continue using Horizon, but if you do not agree to our updated Horizon Terms, you must cease use of Horizon. Your continued use of Horizon after the effective date of the updated Horizon Terms constitutes your acceptance of those terms.
6.2. Entire Agreement - The Facebook Terms of Service (and any agreements incorporated by reference therein), these Supplemental Beta Facebook Horizon Terms of Service, and all other applicable terms make up the entire agreement between you and Facebook regarding your use of Horizon (except to the extent that we expressly state that separate terms, and not these, apply) and supersede any prior agreements between you and us regarding your use of Horizon.
6.3. Termination - We may terminate Horizon or discontinue parts of our services at any time for any reason. These Supplemental Beta Facebook Horizon Terms of Service are effective until terminated, and they will terminate when the Facebook Terms of Service between you and us is terminated or in accordance with paragraph 4.2 of the Facebook Terms of Service. In addition, upon termination of these Horizon Terms, these Supplemental Beta Facebook Horizon Terms of Service shall terminate as an agreement between you and us, but the provisions in paragraphs 3-5 and 6.3-6.4 will remain in place.
6.4. 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 Horizon Terms, and any attempt to do so without that consent will be null and void. If restrictions on the transfer of the Horizon rights in these Horizon Terms are not enforceable under the laws of your country, then these Horizon Terms will be binding on any recipient. Facebook may at any time assign, transfer, charge, or subcontract all or any of its rights or obligations under these Horizon Terms.