TERMS OF SERVICE AND PRIVACY
POLICIES SPECIFIC TO OCULUS ACCOUNT USERS
Date of Last Revision: November 16, 2020
These Oculus Store Terms ("Store Terms" or "Terms") apply to any order placed or purchase or download made through the Oculus websites or platform (the "Store") and are between you and Facebook Technologies, LLC, or if you reside in the U.S. Territories (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands) between you and Facebook Technologies Ireland Limited, ("Facebook Technologies" or "we" or "us" or "our"). By placing an order for or making a purchase of products, applications, or content offered through the Store (the "Products"), you agree to be bound by these Store Terms. To the extent these Store Terms conflict or are inconsistent with the terms of the Oculus Terms of Service or Supplemental Oculus Terms of Service, these Store Terms will apply.
ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS 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, AS FURTHER SET FORTH BELOW IN THE "DISPUTE RESOLUTION" SECTION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
ORDER ACCEPTANCE AND ACKNOWLEDGMENT
You can place an order by clicking the pre-order or purchase button located in various sections of the Store with respect to the Products of your choice. When placing an order, you may be required to provide some or all of the following information: your name, mailing address, billing information, and other information as required by law. If you are buying a Gift (as defined below), you will also be required to provide us with recipient information. You represent and warrant that all such information is accurate, and complete. You are responsible for ensuring that your account information (including your contact and shipping information) is kept current on the Store. We will have no responsibility or liability for inaccurate or incomplete information, or for information that later becomes outdated. Additionally, we have no obligation to make efforts to determine your correct contact or shipping information. For orders which are pending shipment, you can update your information at any time prior to shipment by contacting Customer Care using the contact information listed at shop.oculus.com/history/. Facebook Technologies will not take payment for Product purchases until Order Acceptance (defined below).
After you place an order for physical Products such as devices and accessories ("Physical Products"), you may receive a communication from us acknowledging that we have received and/or are processing your order ("Order Acknowledgment"). Please note that an Order Acknowledgment does not mean that your order has been accepted. We will confirm our acceptance of your order by sending you a communication that confirms that your order has been processed and/or the purchased Products have been shipped, when applicable ("Order Acceptance"). Any delivery dates or times provided by us (or a courier) are estimates only and are not guaranteed. The risk of loss in the Physical Products you purchase passes to you upon delivery of the Products to you. For digital Products Order Acceptance will occur automatically once your payment has been processed. Download of the digital Products you ordered will begin once your device is online and any previously queued downloads have been completed. You will receive a receipt for your digital Products order via email.
In advance of a new Product launch, it may be possible to place pre-orders on the Store. The price of the Products you pre-order will be quoted to you at the time you submit your pre-order and may not include applicable taxes and shipping costs. Placing a pre-order does not guarantee delivery of the Products.
When the pre-ordered Products are ready for shipment or delivery, we will provide you with your purchase confirmation (including shipping costs and taxes where applicable). This communication will constitute the Order Acceptance for the pre-ordered Products, and payment for the pre-ordered Products will be taken at the time of Order Acceptance.
Physical Products. The following Sections 3-8 apply only when ordering Physical Products:
LIMITED SHIPPING TERRITORY
Physical Products purchased through the Store will only be shipped to addresses located within the United States (excluding freight forwarders, P.O. Boxes, and U.S. Territory addresses), and Canada, excluding remote and difficult to serve locations.
OUR RIGHT TO REJECT YOUR ORDER
At any time prior to Order Acceptance, we reserve the right to decline or reject your order. If this occurs, we will attempt to notify you through email or other reasonable means. Some reasons for rejection may include: (a) we are unable to supply you with the Products, for example because the Products are no longer available or because of an error in the stated price at the point of sale; (b) you request shipment to an address outside the United States or Canada, or to another address to which we do not ship; or (c) you order more than the permitted maximum number of Products. If you have already paid, we will refund you the full amount of the declined or rejected order including applicable taxes and any delivery costs charged.
YOUR RIGHT TO CANCEL AN ORDER
You may cancel your order or pre-order at any time prior to shipping and Order Acceptance. If you placed an order while logged into your account on the Store, you can cancel your order by clicking on the "Cancel Order" text link on the applicable Order Details page (which can be accessed from the "My Account" feature) or by contacting Customer Care in accordance with the instructions listed at https://support.oculus.com/. If you placed an order through the guest checkout feature, you can cancel your order by contacting Customer Care or through the Oculus Guest Portal.
We stand by the quality of our Physical Products. For information about our limited warranty applicable to Physical Products (our "Product Warranty"), please visit oculus.com/legal/limited-warranty/.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
(Not applicable to Quebec consumers) The warranties provided in the Product Warranty are exclusive and are in lieu of all other warranties, conditions, and guarantees, whether written or oral. These Store Terms do not intend to grant any additional warranties over and above those provided in the Product Warranty. EXCEPT AS SET FORTH IN THE PRODUCT WARRANTY, FACEBOOK TECHNOLOGIES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You have the right, within 30 days from the date of your receipt of any Physical Products, to return the Physical Products. This right does not apply to any Physical Products that are stated by us to be non-returnable, including any Physical Products that have been personalized or modified in accordance with your instructions. The Physical Products must be fully returned in their original packaging with the applicable proof of purchase (i.e. a copy of your receipt) and you may be responsible for the cost of returning the Physical Products to us. If, on return to us, it is determined that the Physical Products have been used or damaged, are missing components, and/or are not in resalable condition, we may charge a restocking fee or otherwise reduce the amount of your refund to take account of this use, damage or missing components. If you return a Physical Product bought as part of a bundle but do not return all of the bundled Physical Products, we will reimburse you for the Physical Product you do return minus the value of the applicable bundle discount.
To return your Physical Products, you must inform us of your decision by contacting Customer Care in accordance with the instructions listed at support.oculus.com/.
You may also have return rights for nonconforming or defective Physical Products covered by our limited warranty, as set forth in our Product Warranty.
THIRD PARTY PRODUCTS
We may market and offer for sale products which are provided by a third party manufacturer or supplier ("Third-Party Products"). Your purchase and use of Third Party Products is subject to the applicable policies, agreements, and terms and conditions offered by such third-party manufacturer or supplier, including any license, warranty, indemnity and support terms. We do not support or make any warranties about Third-Party Products that you purchase from our Store. Any warranty, damages or indemnity claims against us in relation to such Third-Party Products are expressly excluded.
Note that if you purchase a Third-Party Product from our Store, you may return such Third-Party Product to us in accordance with Section 7. All warranty claims related to Third-Party Products, however, should follow the warranty process provided by the manufacturer or supplier with your Third-Party Product, if any.
Digital Products. The following Sections 9-10 apply only when ordering digital Products:
DIGITAL CONTENT, IN-APP PURCHASES, AND GIFTS
You may have the ability to purchase digital content through the Store ("Digital Content"), to purchase additional or enhanced functionality or media content within certain Products ("In-App Purchases"), or to purchase certain digital content as gift codes that a third party recipient can redeem through the Store for the digital content you select (“Gifts”). All purchases of Digital Content, In-App Purchases, and Gifts are final except as required by law, or as described in our Go/Gear (https://www.oculus.com/legal/go-gear-content-refund-policy), Rift/Quest (https://www.oculus.com/legal/quest-rift-content-refund-policy) Content Refund Policies, or EU/EEA/UK Consumer Right of Withdrawal Information (e.g., as explained in our EU/EEA/UK Consumer Right of Withdrawal Information (https://www.oculus.com/legal/eu-consumer-right-of-withdrawal-information)). Once you have purchased Digital Content or an In-App Purchase, we encourage you to download, install, and/or access it promptly. You consent that the delivery of Digital Content, In-App Purchases, and Gifts may begin immediately following the completion of your purchase, and you acknowledge that you will therefore lose any statutory rights you may have to withdraw and receive a refund. The laws of some jurisdictions do not allow the disclaimer or removal of certain statutory rights, so this waiver of statutory rights may not apply to you. If you are not able to download, install, or access purchased Digital Content or In-App Purchases, please contact us through the support portal at support.oculus.com/.
You can purchase a Gift by providing the Gift recipient’s information and making payment in accordance with these Terms. The Gift recipient will receive an email notifying them that they have been sent a Gift, and information about how to redeem it. If they are not an existing Oculus user, they can only redeem the Gift by logging in with a Facebook account and becoming an Oculus user. Gifts are single use only. A recipient also has a limited timeframe to redeem Gifts. Gifts will expire on the date expressed at the time of purchase.
The recipient will not be able to redeem the Gift if they already own the digital content, or are restricted from doing so by law or any of our policies or requirements.
If redemption is unsuccessful for any reason, you will receive an email and a refund. Once the Gift has been purchased, only the recipient may request a refund in accordance with our Content Refund Policies. Please note that all refunds will be provided to you and not the recipient.
Gifts are not redeemable by the recipient for cash or store credit, or eligible for resale.
Your purchase of a virtual item or in-game currency within the Products is a payment for a limited, non-assignable license to access and use that content or functionality in the Products. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Products may only be used in connection with the Products where you obtained them or where they were developed by you as a result of gameplay. These items are not redeemable or subject to refund and cannot be traded outside of the Products for money or other items of value. We may modify or discontinue virtual items or in-game currency at any time. Except as described in these Terms, we have no responsibility for any transactions you enter into with a third party for virtual items or in-game currency within the Store and assume no liability for such virtual items or in-game currency that occur within software, applications, content or services provided by third parties.
PRICING AND PAYMENT
We may accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with your payment provider may apply.
By submitting an order or pre-order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. We may utilize an agent, subsidiary, or affiliate to process payment and shipping.
Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
In the event that the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in connection with your order.
We attempt to be as accurate as possible and to eliminate errors in relation to our Products; however, we do not represent or warrant that any Product descriptions or pricing information are accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. If we discover a pricing or other material error related to Products that have yet to be shipped or delivered, we will contact you to inform you of this error and give you the option of continuing to purchase at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.
If your purchase is subject to any type of use or sales tax, duty or other governmental tax or fee ("Taxes"), then we may charge you for those Taxes. Depending on the shipping destination, applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your purchase of the Products
OTHER TERMS AND POLICIES
You may only purchase Products for personal use or to give as a gift, unless otherwise expressly permitted by us pursuant to other written terms. You may not purchase Products from us for commercial use or resale, and we reserve the right to refuse or cancel your order if we suspect that you are purchasing Products for such purpose. However, you may use Products to develop and test content, software, or applications intended for distribution by us through the Store, subject to the terms of the applicable SDK license agreement.
When you attempt to place an order, certain features on the Store may automatically be populated with your information. You are responsible for the accuracy of any populated information.
Products purchased on the Store may require the use of an active Facebook or Oculus account. In order to use the Products, a user may be required to log in to the Product with an active Facebook or Oculus account. In the event the user’s Facebook or Oculus account is suspended, disabled, or deleted, the Product may not be usable by such user until the user has an active Facebook or Oculus account again. You are responsible for all charges incurred in connection with your account. Facebook Technologies may attempt to collect unpaid charges, including by attempting to make additional charges to your payment instrument, through the use of collections agencies and through any other legal means. If you decide to cancel your account, Facebook Technologies reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges or costs incurred before cancellation. Any overdue or unpaid accounts must be settled before you will be allowed to register again for a Facebook or Oculus account.
Facebook Technologies may change these Store Terms at any time by posting revised terms on the Store. Any such new terms will be effective as of the date of posting and shall in no event be applicable to sales or downloads which concluded prior to the date the new terms are posted. Your placing an order or pre-order for or purchasing or downloading Products after the effective date of the updated Store Terms constitutes your acceptance of those terms.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Facebook Technologies, and any attempted assignment without such consent shall be void. All of our rights and obligations under these Store Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
(Not applicable to Quebec consumers) The laws of the State of California, to the extent not preempted by or inconsistent with U.S. federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
The Products are protected by copyright, patent, trademark, and other laws of the United States and other countries, and no licenses are granted to you by implication hereunder.
(Not applicable to Quebec consumers)
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS “DISPUTE RESOLUTION” SECTION REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) WITH US ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or the Products ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your or our own behalf and cannot seek relief that would affect other users or purchasers of the Products. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this “Dispute Resolution” section, 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 “Dispute Resolution” section.
Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don't 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. The American Arbitration Association ("AAA") will administer all arbitrations under its Consumer Arbitration Rules, as amended by these Terms. YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
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 which 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. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. Disputes related to intellectual property (like copyrights and trademarks) are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to any version of these Terms. To opt out, you must send your name, residence address, and email address, and a clear statement that you want to opt out of this arbitration provision, and you must send them here: Facebook, Inc. ATTN: Oculus Arbitration Opt-out, 1601 Willow Road, Menlo Park, CA 94025.
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, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Facebook, Inc., ATTN: Oculus 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 provided, or 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.
We will pay all arbitration filing fees, administration and hearing costs and arbitrator fees for any arbitration we bring or 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.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. 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.
(For Quebec consumers) These Store Terms and any dispute of any sort related to them that might arise between you and us shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).