Oculus

Supplemental Oculus Terms of Service




<i> </i>PRODUCTS<i> </i> <i> </i> <p>OCULUS QUEST 2</p> <p>ALL-IN-ONE VR</p> <i> </i> <p>OCULUS RIFT S</p> <p>PC VR GAMING</p> <i> </i> <p>ACCESSORIES</p> <p>UPGRADE YOUR VR</p> <p>COMPARE HEADSETS</p> <i> </i>APPS &amp. GAMESSUPPORT<i> </i> <i> </i> <i> </i> <i> </i> <i> </i> <i> </i>Legal DocumentsFacebook Terms of ServiceSupplemental Oculus Terms of ServiceFacebook Data PolicySupplemental Oculus Data PolicyCookies, Pixels, and Other TechnologiesOculus Store TermsOculus Terms of ServiceSpecial Provisions Applicable to Users Residing in GermanyOculus Privacy PolicyOculus Go/Gear VR Content Refund PolicyOculus Rift/Quest Content Refund PolicyOculus Store Credit TermsOculus Promotional Offer TermsOculus Video TermsLimited Consumer WarrantyLegal Compliance and DisclosuresConflict Minerals PolicyHealth and Safety WarningsOculus Developer Hub NoticesMusic GuidelinesThird Party NoticesProduct Information Sheet - Oculus Quest 2Product Information Sheet - Oculus QuestProduct Information Sheet - Oculus Go<ul> <li> Facebook Terms of Service </li> <li> Supplemental Oculus Terms of Service </li> <li> Facebook Data Policy </li> <li> Supplemental Oculus Data Policy </li> <li> Cookies, Pixels, and Other Technologies </li> <li> Oculus Store Terms </li> <li> Oculus Terms of Service </li> <li> Special Provisions Applicable to Users Residing in Germany </li> <li> Oculus Privacy Policy </li> <li> Oculus Go/Gear VR Content Refund Policy </li> <li> Oculus Rift/Quest Content Refund Policy </li> <li> Oculus Store Credit Terms </li> <li> Oculus Promotional Offer Terms </li> <li> Oculus Video Terms </li> <li> Limited Consumer Warranty </li> <li> Legal Compliance and Disclosures </li> <li> Conflict Minerals Policy </li> <li> Health and Safety Warnings </li> <li> Oculus Developer Hub Notices </li> <li> Music Guidelines </li> <li> Third Party Notices </li> <li> Product Information Sheet - Oculus Quest 2 </li> <li> Product Information Sheet - Oculus Quest </li> <li> Product Information Sheet - Oculus Go </li> </ul> <ul> <li> About Us </li> </ul>Supplemental Oculus Terms of Service<p> <b>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.</b> </p> <p>Effective Date: October 11, 2020</p> <p>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 Ireland Limited ("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.</p> <p>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.</p> <p>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.</p> <p> <b>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</b>. You certify that you are of the legal age of majority in the jurisdiction in which you reside.</p> <ol> <li> <p> <b> <i>The Oculus Products</i> </b> </p> <p>We offer virtual, mixed, and augmented reality (<b>"XR"</b>) 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 <b>"Oculus Products"</b>). 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, services and materials from third parties as further set out in Section 2.4.3 of these Oculus Terms and as stated in the Oculus Store Terms.</p> </li> <li> <p> <b> <i>Your Commitments to Facebook and Our Community</i> </b> </p> <ol> <li> <p> <b>Your responsibility for your use of the Oculus Products.</b> 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.</p> </li> <li> <p> <b>Your responsibility for other users of your Oculus Product devices.</b> 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.</p> </li> <li> <p> <b>The Permissions You Give Us</b> </p> <ol> <li> <p> <b>Permission to use content you create and share.</b> 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).</p> </li> <li> <p> <b>Permission to update software you use or download.</b> 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.</p> </li> <li> <p> <b>Permission to use your name, profile picture, and information about your actions with ads and sponsored content.</b> 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/.</p> </li> </ol> </li> <li> <p> <b>What You Can Share and Do on Oculus Products</b> </p> <ol> <li> <p> <b>Prohibitions and content removal.</b> 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), Conduct in VR Policy, Oculus Platform Abuse Policy, or other terms and policies that apply to your use of Oculus Products. We 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:</p> <p>Designated Agent <br> Facebook Technologies, LLC <br> 1601 Willow Road <br> Menlo Park, CA 94025, US <br> Phone: +1 (650) 543 4800 <br> Email address: ip@oculus.com</p> </li> <li> <p> <b>Permission to use.</b> If we enable the use of Oculus Products consisting of software, content, or virtual items (<b>"Software and Content"</b>), 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.</p> </li> <li> <p> <b>Third-Party Services.</b> 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 ("<b>Third-Party Services</b>"). In some cases, Facebook or its affiliates may distribute Third-Party Services to you on behalf of the third party.</p> <ol> <li> <p>Third-Party Services may be subject to additional terms, conditions, fees, and policies imposed by the third party (together, <b>"Third-Party Terms"</b>). 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 Third-Party Services. 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.</p> </li> <li> <p>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, 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.</p> </li> </ol> </li> <li> <p> <b>Ratings and Objectionable Content.</b> 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. <b>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.</b> </p> </li> <li> <p> <b>Age Restrictions.</b> You may only access certain digital content if you are of or above the age displayed to you when you order the digital content. If we determine that you did not comply with these age requirements, we may disable your access to the digital content and we will not refund the amounts paid for the digital content.</p> </li> </ol> </li> </ol> </li> <li> <p> <b> <i>Additional Provisions</i> </b> </p> <ol> <li> <p> <b>Functionality may change or be limited.</b> 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. We work constantly to improve our services and develop new features to make our Oculus Products better for you and our community. Where permitted by applicable law, 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. Any obligation we have to make such features and functionality available to you is therefore subject to the ongoing availability of that particular feature and functionality on the 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.</p> </li> <li> <p> <b>Account suspension or termination.</b> 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. 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 3.8 below.</p> </li> <li> <p> <b>Updates to these Oculus Terms.</b> These Oculus Terms may be updated from time to time to accurately reflect our services and practices. We will only make changes to these Oculus Terms if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests. We will notify you (for example, by email or through Oculus Products) at least 30 days before we make changes to these Oculus Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. 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.</p> </li> <li> <p> <b>Network charges.</b> 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.</p> </li> <li> <p> <b>DISCLAIMERS. LIMITATIONS OF LIABILITY.</b> </p> <ol> <li> <p>The Oculus Products may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available and error free at all times.</p> </li> <li> <p>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.</p> </li> <li> <p>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.</p> </li> <li> <p>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 is intended to either abridge or expand the scope of that Limited Warranty.</p> </li> </ol> </li> <li> <p> <b>DISPUTE RESOLUTION</b> </p> <p>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. If you are not happy with how we resolve this dispute or you do not want to engage directly with us in relation to it, you are informed that an alternative dispute resolution procedure is offered by the European Commission through the platform for Online Dispute Resolution available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&amp;lng=EN.</p> <p>These Oculus Terms and any other non-contractual dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the section of the Facebook Terms of Service, which governs ‘Disputes’. 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.</p> </li> <li> <p> <b>Transfer and Trade Compliance.</b> 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, 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 United States, the European Union, Member States of the European Union and any other applicable governmental authority. Oculus Products may not be resold, transferred or otherwise disposed of in a country subject to an embargo or to a person or organization sanctioned by the United States, the European Union, Member States of the European Union without obtaining required approvals.</p> </li> <li> <p> <b>Termination.</b> 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, and 3.9 of these Oculus Terms will survive and remain in place.</p> </li> <li> <p> <b>Other Terms</b> </p> <ol> <li> <p>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.</p> </li> <li> <p>If you use an Oculus Product pursuant to a product testing agreement, beta testing agreement, or similar agreement (a <b>"Product Testing Agreement"</b>), 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.</p> </li> <li> <p>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.</p> </li> <li> <p>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. If you are a business established in the European Union or in the United Kingdom and publish content on the Oculus Platform offered to end users located in the European Union or the United Kingdom, you can learn more about your commercial relationship with us by reviewing the Platform to Business Notice developer.oculus.com/policy/p2b/, which supplements these Terms.</p> </li> <li> <p>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.</p> </li> </ol> </li> </ol> </li> </ol> <ul> <li>QUEST 2</li> <li>RIFT S</li> <li>ACCESSORIES</li> <li>APPS &amp. 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Comments:
On 2020-12-15 00:08:40 UTC, michielbdejong (6) Staff wrote:

Crawled, old length: 33384, new length: 27086