TERMS OF SERVICE AND PRIVACY
POLICIES SPECIFIC TO OCULUS ACCOUNT USERS
If you use an Oculus account (not a Facebook account) to access Oculus Products, please visit the Oculus Terms of Service, which govern your use of Oculus Products. Otherwise, these Supplemental Oculus Terms of Service apply to your use of Oculus Products. Please visit our Frequently Asked Questions about merging your accounts for more information.
Effective Date: October 11, 2020
Your use of the Oculus Products (as defined below) is governed by both the Facebook Terms of Service (located at facebook.com/terms/) and these Supplemental Oculus Terms of Service (these "Oculus Terms", and together with the Facebook Terms of Service, the "Terms"), which together form an agreement between you and Facebook, Inc. ("Facebook" or "we" or "us" or "our"). Where these Terms apply, the term "Facebook Products" as used in our terms and policies include the Oculus Products. By using Oculus Products, you agree to these Terms.
Regardless of whether you use a Facebook account or an Oculus account with the Oculus Products, the Oculus Store Terms (available at https://www.oculus.com/legal/store-terms-of-sale/) apply to any order, download, or purchase made through the Oculus Products (including free software and content), and if you place any such order or make any such purchase or download, you agree to such terms.
Our Supplemental Oculus Data Policy (available 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 Oculus Products.
Oculus Products are intended solely for users who are 13 or older. Any registration for, or use of, Oculus Products by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Oculus Terms. You certify that you are of the legal age of majority in the jurisdiction in which you reside or, if you are between the ages of 13 and the legal age of majority, that you are using the Oculus Products with the supervision of your parent or legal guardian who agrees to be bound by the Terms, and that you have reviewed the Terms with your parent or guardian so that you both understand all of your rights and obligations.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES THAT YOU HAVE AGAINST US OR OUR AFFILIATES ARISING OUT OF OR RELATED TO THESE OCULUS TERMS OR YOUR USE OF THE OCULUS 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 STATED BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
We offer virtual, mixed, and augmented reality ("XR") hardware and software products and operate a platform where users can download, interact with, and submit content and obtain services related to or in connection with our XR products (collectively, the "Oculus Products"). The Oculus Products include a variety of physical goods, platform services, software, websites, applications (including without limitation for mobile, PC, and XR devices), games, virtual items, and personalized experiences and content that allow you to access and immerse yourself in XR worlds and obtain services related to our products. In addition to those materials that you may license from us, you may license applications, content, virtual items, and services from third parties as further set out in Section 2.4.3 of these Oculus Terms and as set forth in the Oculus Store Terms.
Your responsibility for your use of the Oculus Products. You may only use Oculus Products for personal non-commercial purposes subject to the Terms and any other terms made available by us relating to Oculus Products. Except to the extent such restriction is prohibited under applicable law, you will not disassemble, decompile, reverse engineer, decrypt, or attempt to derive any code or extract software from, or, except to the extent expressly permitted by us, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit, Oculus Products or any software, content, or services made available on or through the Oculus Products, including Third-Party Services (as defined below). You are also responsible for complying with all applicable laws when using Oculus Products, including providing any notice or obtaining any consents from other individuals who use or interact with your Oculus Products, including to the extent required under privacy or data protection laws.
Your responsibility for other users of your Oculus Product devices. Each person, including you, who uses your Oculus Product devices is referred to in these Oculus Terms as a user of such devices. You are responsible for the activities of all users of your Oculus Products, and for their compliance with these Oculus Terms.
The Permissions You Give Us
Permission to use content you create and share. We need certain permissions from you to provide Oculus Products. For the avoidance of doubt, the license granted in Section 3.3 of the Facebook Terms of Service includes content that you create, share, post, or upload on or in connection with Oculus Products (consistent with applicable Privacy Settings). This means, for example, that if you create or upload videos using Oculus Products, you give us permission to store, copy, and share them with others (again, consistent with your Privacy Settings), such as Facebook Products and Facebook Company Products, or service providers that support those products and services. This license is solely for the purposes of providing and improving Facebook Products and services (including the Oculus Products) as described in Section 1 of the Facebook Terms of Service and in these Oculus Terms and will end when your content is deleted from our systems (as described in more detail in Section 3.3 of the Facebook Terms of Service).
Permission to update software you use or download. As stated in Section 3.3 of the Facebook Terms of Service, 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 software embedded on your device, including during device setup. If you use a Third-Party Service, you understand and agree that we may install upgrades, updates and additional features for the Third-Party Service.
Permission to use your name, profile picture, and information about your actions with ads and sponsored content. You give us permission to use your name and profile picture and information about actions you have taken in Oculus Products next to or in connection with ads, offers, and other sponsored content that we display across our Facebook Products, without any compensation to you. Ads like this can be seen only by people who have your permission to see the actions you've taken in Oculus Products. You can learn more about your ad settings and preferences at https://www.facebook.com/about/ads/.
What You Can Share and Do on Oculus Products
Prohibitions and content removal. In addition to what is stated in Section 3.2 of the Facebook Terms of Service, you may not use Oculus Products to do or share anything that violates the Terms, Community Standards (also known as the Facebook Rules) and Conduct in VR Policy, Oculus Platform Abuse Policy, or other terms and policies that apply to your use of Oculus Products. We, at our sole discretion, may remove, delete or restrict access to content that we determine to violate such terms and policies, including content that infringes intellectual property rights (such as by infringing another's copyright or trademark, 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 Oculus Products infringes upon any intellectual property rights you own or control, you may submit a notification of such infringement with our Designated Agent as stated below:
Facebook Technologies, LLC
1601 Willow Road
Menlo Park, CA 94025, US
Phone: +1 (650) 543 4800
Email address: firstname.lastname@example.org
Permission to use. If we enable the use of Oculus Products consisting of software applications, content, or virtual items ("Software and Content"), we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited right and license to access, use, and download (as permitted by the functionality of the Oculus Products) the Software and Content on devices you own or control, solely for personal non-commercial purposes, conditioned on your compliance with the Terms. In order to maximize your enjoyment, safety and overall experience through Oculus Products, unless we have expressly stated otherwise in writing, the Oculus PC app (formerly, Rift runtime) may only be used with Oculus Product devices and other hardware devices we approve and with software developed using the Oculus PC Software Development Kit, as specified in the applicable Oculus SDK license agreement. We also require that you use only the then-current version of the Software and Content. Any unauthorized use of the Oculus Products, including the Software and Content, is strictly prohibited and will cause the license granted in these Oculus Terms to terminate automatically. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you herein.
Third-Party Services. Oculus Products can be used to access software, applications, services, content, and virtual items (including, but not limited to, third-party digital content, additional or enhanced functionality, or media content purchased through Oculus Products) provided by third parties ("Third-Party Services"). In some cases, Facebook or its affiliates may distribute Third-Party Services to you on behalf of the third party.
Third-Party Services may be subject to additional terms, conditions, fees, and policies imposed by the third party (together, "Third-Party Terms"). In the event that Third-Party Terms conflict with the provisions of these Terms, these Terms will govern. 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. Your use of Third-Party Services is at your own risk. We have no obligations or liability with respect to transactions you enter into with a third party, your access to or use of any Third-Party Services, or any content or functionality therein, your rights to which are solely provided pursuant to a license between you and the provider of such Third-Party Services. In no event will Facebook or its affiliates be considered the licensor of Third-Party Services, to have granted any rights to use Third-Party Services, to have assumed any obligations (including support obligations) with respect to the Third-Party Services, or to have made any representations or warranties with respect to the Third-Party Services. Facebook and its affiliates have no liability for any information that you provide or authorize us to provide to a provider of a Third-Party Service, or for such third party's collection, use and disclosure of such information. If you are not presented with an end user license agreement when you acquire Third-Party Services, the following license terms apply to your use of such Third-Party Services: (a) the third party providing the Third-Party Services (and not Facebook or its affiliates) is the licensor of such Third-Party Services; (b) such third party grants you a limited, non-transferable license to access and use the Third-Party Services only for your personal and non-commercial purposes; and (c) you may not modify, decompile or disassemble the Third-Party Services in whole or in part, or create any derivative works from or sublicense any rights in or to the Third-Party Services, unless otherwise expressly authorized by the third party or as permitted under applicable law notwithstanding these restrictions. Facebook and its affiliates are not parties to the license agreement between you and the provider of such Third-Party Services or other Third-Party Terms.
Third-Party Services may require access to Facebook data and services, which is subject to agreements between the third parties that provide such Third-Party Services and us. We may disable this access for a Third-Party Service if the third party does not comply with these agreements, our policies, or applicable law, or if the agreements are otherwise terminated. This may adversely affect your use of such Third-Party Services, including by making such Third-Party Services partially or fully inoperable. We will not incur any liability to you if we remove or disable access to data and services by a third party for these reasons. This means, without limitation, that we will not provide you with any refunds for such Third-Party Services in these cases. Any rights, including refund claims, which you may have under your agreements with third parties remain unaffected.
Ratings and Objectionable Content. We may display age, comfort and content ratings for digital content that are based on information provided to us by the developers of such content. 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 Oculus Products 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 Oculus Products 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 Oculus Products, or a third party.
Functionality may change or be limited. To access and use certain features of the Oculus Products, a Facebook account is required, eligibility for which is stated in Section 3.1 of the Facebook Terms of Service. Oculus Products' functionality, performance, or both may change over time. We may introduce new features, impose limits on, suspend, eliminate, change, or update certain existing features or any part of Oculus Products, or restrict access to parts or all of any Oculus Products. We may offer free trials or other limited versions of the Oculus Products so that you can preview the Oculus Products before purchase. These versions may have limited features, restrict the permitted time of use and contain other limitations. The features, functionality, or availability of a Third-Party Service may change or be discontinued, including if the developer of such Third-Party Service violates our terms or policies, or in accordance with the Terms or the applicable Third-Party Terms.
Account suspension or termination. In addition to what is stated in Section 4.2 of the Facebook Terms of Service, your access to or use of Oculus Products may be suspended or disabled, and you may lose access to, or use of part or all of, the services offered by Facebook or third parties through Oculus Products, if: (1) we determine you have breached the Terms, Community Standards (also known as the Facebook Rules), Conduct in VR Policy, Oculus Platform Abuse Policy, or other terms and policies that apply to your use of Oculus Products or Third-Party Services; (2) we believe your access to, or use of, Oculus Products creates a health and safety risk; or (3) Facebook suspends or disables your Facebook account. Furthermore, we may suspend or disable your access to or use of Oculus Products if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons. Facebook and its affiliates assume no liability for such loss of access and use and will have no obligations related to such loss. If you delete or we disable your access to or use of Oculus Products, these Oculus Terms shall terminate as an agreement between you and us, but certain sections will survive termination as provided in Section 3.9 below.
Updates to these Oculus Terms. These Oculus 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 Oculus Terms and give you an opportunity to review the updated Oculus Terms before they go into effect. We hope that you will continue using Oculus Products, but if you do not agree to our updated Oculus Terms, you must cease use of Oculus Products. Your continued use of Oculus Products after the effective date of the updated Oculus Terms constitutes your acceptance of those terms.
Network charges. You may be charged by your network provider for data services or other third-party charges that may arise while using the Oculus Products, and you accept responsibility for such charges.
DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION.
We work hard to provide the best Oculus Products we can and to specify clear guidelines for everyone who uses them. The Oculus Products, however, are provided "as is," and we make no representations or guarantees that they always will be safe, secure, or error-free, failsafe, or that they will function without disruptions, delays, or imperfections. We also do not control or direct what people and others do or say, and we are not responsible for the actions or conduct of others you may encounter in the Oculus Products or any content they may share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE OCULUS PRODUCTS IS AT YOUR SOLE RISK. No oral or written information, guidelines or advice given by Facebook will create a warranty. To the maximum extent permitted by law, we DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ORAL OR WRITTEN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING OCULUS PRODUCTS, WHICH ARE AVAILABLE AT https://www.oculus.com/legal/health-and-safety-warnings/. TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT, AND PROPERTY DAMAGE, PLEASE ENSURE THAT ALL USERS OF YOUR OCULUS PRODUCTS READ THE WARNINGS AND INSTRUCTIONS PROVIDED AT THE LINK ABOVE CAREFULLY BEFORE USING YOUR OCULUS PRODUCTS.
WARNING: FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO OCULUS PRODUCTS, ACCESSORIES OR ANY CONNECTED DEVICES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING OCULUS PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.
Our liability shall be limited to the fullest extent permissible under applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to the Terms or the Facebook Products, including the Oculus Products, even if we have been advised of the possibility of such damages.
Our aggregate liability arising out of or relating to these Oculus Terms or the Oculus Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU.
Oculus Product devices are covered by a Limited Warranty (located at https://www.oculus.com/legal/limited-warranty/) offered by Facebook Technologies, LLC. Nothing in these Oculus Terms between you and Facebook is intended to either abridge or expand the scope of that Limited Warranty.
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 purchase or use of, or inability to use, the Oculus Products; (b) your violation of the Terms or any other applicable terms, policies, warnings or instructions provided by Facebook or a third party in relation to the Oculus Products; (c) your violation of any applicable law or any rights of any third party; or (d) any content you provide, upload, or transmit via Oculus Products.
PLEASE READ THIS SECTION 3.6 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 3.6 REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) THAT YOU HAVE AGAINST US ARISING OUT OF OR RELATED TO THESE OCULUS TERMS, OCULUS PRODUCTS OR RELATED SERVICES, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
In the event that you have any dispute with us that is connected to these Oculus Terms or use of Oculus Products or related services, you may contact us and we will endeavor to resolve this dispute. Except as provided below, 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 Oculus Terms, Oculus Products 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 Oculus 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 Section 3.6, 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 3.6.
Instead of using arbitration, you 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 Oculus Terms. YOU 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 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. Notwithstanding any of the foregoing, nothing in the Facebook Terms of Service as supplemented by these Oculus 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 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 below.
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 Oculus Terms. To opt out, you must send your name, residence address, and email address used for your Facebook account, 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 you use for your Facebook account, 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 use with your Facebook account, 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 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 or an appeal thereof or not subject to arbitration, 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 avoidance of doubt, if any portion of these Oculus Terms is found to be unenforceable (including but not limited to the terms of this Section), the remaining portion will remain in full force and effect. If we fail to enforce any of the Oculus Terms, it will not be considered a waiver.
Governing law. The laws of the State of California, to the extent not preempted by or inconsistent with U.S. federal law, will govern these Oculus Terms and any claim, without regard to conflict of law provisions.
Transfer and Trade Compliance. Oculus Products are only intended for use in the Supported Countries. Certain Oculus Product functionality and services may not be accessible outside of, and may vary among and within, the Supported Countries. You will not use, or allow others to use, Oculus Products if you or they (a) are identified on the Office of Foreign Assets Control's Specially Designated Nationals List, (b) are placed on the U.S. Department of Commerce's Denied Persons List or Entity List or any other U.S. export control list, (c) are using IP proxying or other methods to disguise the location of Oculus Products, (d) are located in a country subject to comprehensive U.S. trade sanctions, (e) are prohibited by applicable law from doing so, or (f) have had your or their right to use Facebook or Oculus Products suspended or disabled. You will not, and will not allow others to, use, distribute or transfer, Oculus Products in any manner that violates applicable law, including all applicable export control and trade sanctions laws of the Supported Countries and any other applicable governmental authority. Oculus Products may not be resold, transferred or otherwise disposed of in a country subject to U.S. embargo or to a person or organization sanctioned by the U.S. government without obtaining required approvals from the U.S. government.
Termination. These Oculus Terms are effective until terminated, and will terminate when the Facebook Terms of Service between you and us is terminated. Upon termination, these Oculus Terms shall terminate as an agreement between you and us, but the provisions in Sections 2.3, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, and 3.11 of these Oculus Terms will survive and remain in place.
Government rights. The Oculus Products, including all related software, technical data and documentation, are "Commercially available off-the-shelf (COTS) items" as defined in Section 2.101 of Title 48 of the U.S. Code of Federal Regulations. We provide the Oculus Products for public sector end use, including U.S. Government end use, with the same rights as all other end users pursuant to these Terms. If a public sector entity, including a U.S. Government entity, has a need for any additional rights, it must negotiate directly with Facebook to determine if the parties can negotiate an acceptable amendment to these Terms that must be included in any applicable contract or agreement.
The Facebook Terms of Service, these Oculus Terms, and all other applicable terms (including, if applicable, a Product Testing Agreement, as defined below) make up the entire agreement between you and Facebook regarding your use of Oculus Products (except to the extent that we expressly state that separate terms – and not these – apply) and supersede any prior agreements regarding your use of Oculus Products.
If you use an Oculus Product pursuant to a product testing agreement, beta testing agreement, or similar agreement (a "Product Testing Agreement"), in the event of a conflict between such Product Testing Agreement and the Terms, the Product Testing Agreement shall govern to the extent of the conflict.
The Terms govern personal and non-commercial uses of Oculus Products. We may permit certain limited commercial or business uses of Oculus Products under these Terms pursuant to and solely as stated in separate Oculus Commercial Terms and any other applicable terms referenced therein. By using Oculus Products for such commercial or business uses under these Terms, you agree to the Oculus Commercial Terms. Additionally, we permit commercial and business uses of Oculus for Business products pursuant to the Oculus for Business Enterprise Use Agreement (available at https://business.oculus.com/legal/enterprise-use-agreement/) and any other applicable terms referenced therein.
To the extent you are using Oculus Products in your capacity as a developer of software or content for use on the Oculus Products, you acknowledge and agree that our agreements with you as a developer supplement the Terms and will supersede to the extent of any conflict between such agreements and the Terms.
For avoidance of doubt, the provisions stated in Section 4.5 of the Facebook Terms of Service also apply to these Oculus Terms. Facebook may at any time assign, transfer, or subcontract all or any of its rights or obligations under these Oculus Terms. Nothing in these Oculus Terms limits any of our rights under the Facebook Terms of Service or any additional terms that they reference.