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certain equipment and software may be required to access and use the services .
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in addition , we may need to automatically update some of the software that you obtain through the services or provide you with new software to keep the services functioning properly , which could include bug fixes , patches , enhanced features , missing plug-ins and new versions .
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by using the services , you agree to such automatic updating .
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we reserve the right , at our sole discretion and where technically feasible , to disable your access to or ability to use services that we believe present a health and safety risk or violate our community standards , agreements , laws , regulations or policies .
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we will not incur any liability or responsibility if we choose to remove , disable or delete such access or ability to use any or all portion -lrb- s -rrb- of the services .
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your use of the services and content
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3.1 content and software licence .
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except as otherwise agreed upon , if we enable the use of software , content , virtual items or other materials owned or licensed by us -lrb- `` software and content '' -rrb- , we hereby grant you a limited , non-exclusive , non-sublicensable licence to access , install and use the software and content solely for personal and non-commercial purposes , conditioned on your compliance with these terms .
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you will not use , copy , adapt , modify , decompile , reverse-engineer , disassemble , decrypt , attempt to derive the source code of , prepare derivative works based upon , distribute , license , sell , rent , transfer , publicly display , publicly perform , transmit , stream , broadcast or otherwise exploit the software and content , except as expressly permitted by oculus or as permitted under applicable law .
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any unauthorised use of the services is strictly prohibited and will terminate the licence granted in these terms .
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no licences or rights are granted to you by implication or otherwise , except for the licences and rights expressly granted to you .
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subject to these terms , including the licence provided in section 3.1 , you may access , install and use the oculus runtime software -lrb- `` runtime '' -rrb- .
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in order to maximise your enjoyment , safety and overall experience through our services , the runtime may only be used with oculus-approved hardware devices and with software developed using the oculus rift software development kit , as specified in the oculus rift software development kit licence agreement .
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we also require that you use only the then-current version of the runtime .
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you acknowledge that the runtime incorporates proprietary information , and that you will not disclose it to any other person or entity .
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your use of services , applications or content provided by third parties -lrb- `` third-party content '' -rrb- made available through the services may be subject to additional end-user agreements .
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in the event that these agreements conflict with the provisions of these terms , these terms will govern .
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oculus has no responsibility or liability with respect to your access to or use of the third-party content , or any content or functionality contained in such third-party content , your rights to which are solely provided pursuant to a licence between you and the provider of such third-party content .
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in no event shall oculus be considered the licensor of the third-party content , to have granted any rights to use the third - party content , to have assumed any obligations with respect to the third-party content , or to have made any representations or warranties with respect to the third-party content .
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if you are not presented with an end-user licence agreement when you acquire third-party content , the following licence terms apply to your use of such third-party content : -lrb- a -rrb- the third party providing the third-party content -lrb- and not oculus -rrb- is the licensor of such third-party content ; -lrb- b -rrb- such party grants you a limited , non-transferable licence to access and use the third-party content only for your personal and non-commercial purposes ; and -lrb- c -rrb- you may not modify , decompile or disassemble the third-party content in whole or in part , or create any derivative works from or sublicense any rights in or to the third-party content , unless otherwise expressly authorised by the third party or as permitted under applicable law .
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3.4 trial access to services .
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we may offer free trials or other limited versions of services so that you can preview services before you purchase the full version .
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these versions may have limited features , restrict permitted time of use and contain other limitations .
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3.5 availability of services after purchase ; updates .
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some services may rely on services provided by third parties for some or all of their functionality .
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such services may not function properly or may become inoperable if these third parties discontinue their services .
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oculus will be responsible for all billing questions related to the purchase of services and for support with respect to the oculus platform .
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oculus has no obligation to provide support for third-party content .
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please contact us through the support portal at https://support.oculus.com for assistance .
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the services and content may not be available in all territories and jurisdictions , and we may restrict or prohibit use of all or a portion of the services and content in certain territories and jurisdictions .
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you may be charged by your network provider for data services or any other third-party charges as may arise while using the services , and you accept responsibility for such charges .
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if you are not the bill payer , we will assume that you have received permission from the bill payer .
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4.1 purchasing services from oculus .
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you may only purchase services for your personal use or to give as a gift unless otherwise expressly permitted in these terms .
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you may not purchase services from oculus for commercial use or resale , although you may use oculus services to develop and test content , software or applications intended for distribution by oculus .
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when placing an order or making a purchase , you will be required to provide us with information , such as your address and billing information .
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you represent and warrant that all such information is accurate , and you will ensure that such information is kept up to date .
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oculus will have no responsibility or liability for inaccurate information or information that later becomes outdated , and oculus will have no obligation to make efforts to determine the correct contact or delivery information .
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for most services , you can manage your information within your account settings .
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for product purchases pending dispatch , you can update your information at any time prior to dispatch at https://shop.oculus.com/history .
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we will not take payment for product purchases until order acceptance -lrb- see below -rrb- .
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after you place an order , you may receive a communication from us acknowledging that we have received your order -lrb- `` order acknowledgement '' -rrb- .
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please note that receiving the order acknowledgement does not mean that your order has been accepted .
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we will confirm our acceptance of your order by sending you a communication that confirms that the order has been processed or the goods have been dispatched -- when applicable -lrb- `` order acceptance '' -rrb- .
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the contract between us in relation to the applicable services will be formed when we send you the order acceptance .
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any delivery dates or times provided by us -lrb- or a courier -rrb- are estimates only and are not guaranteed .
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the risk of loss of physical goods that you purchase and the responsibility to insure the goods passes to you upon delivery of the goods to you .
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nothing in these terms shall affect your statutory rights to reject physical goods that , when received by you , are damaged or defective .
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in advance of a new service launch , it may be possible to place pre-orders .
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the price of the service that you pre-order will be as quoted to you at the time when you submit your pre-order , and may include tax and delivery charges when applicable .
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placing a pre-order does not guarantee delivery of a service .
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when the service is ready for dispatch or delivery , we will contact you to provide you with your purchase confirmation -lrb- including delivery costs and any taxes where applicable -rrb- .
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this shall constitute the order acceptance .
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4.3 our right to reject your order .
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at any time prior to order acceptance , we reserve the right to decline or reject your order .
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if this occurs , we will attempt to notify you .
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some reasons for rejection can include : -lrb- a -rrb- we are unable to supply you with the service , for example because that item is no longer available or because of an error in the price at the point of sale ; -lrb- b -rrb- you do not live in a country or region from which the services may be purchased ; or -lrb- c -rrb- you order more than the permitted maximum number of services .
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if you have already paid , we will refund you the full amount , including any delivery costs charged .
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4.4 your right to cancel or return physical goods .
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you may cancel your order or pre-order of physical goods at any time prior to dispatch and order acceptance .
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after the goods have been delivered to you , you have the right , within 30 days from the date of your receipt of the goods , to cancel our contract with you and return the goods .
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this right does not apply to any goods that have been used , or are stated by us to be non-returnable , including any items or goods that have been personalised or modified in accordance with your instructions .
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the goods must be fully returned in the original packaging with the applicable proof of purchase , and you will be responsible for the cost of returning the goods to us .
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if , on return to us , it is determined that the goods have been used or damaged , are missing components or are not in a resalable condition , we may charge a 15 % restocking fee or otherwise reduce the amount of your refund to take into account the damage , use or missing components .
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to cancel your order or return your goods , you must inform us of your decision by following the instructions at https://support.oculus.com .
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you may have the ability to purchase digital content through the services .
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you may also have the ability to purchase additional or enhanced functionality or media content within certain services -lrb- collectively , `` in-app purchases '' -rrb- .
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except as described in these terms , we have no responsibility for any transactions that you enter into with a third party for third-party content or in-app purchases and assume no liability for third-party content or third-party in-app purchases that occur within third-party content .
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we attempt to be as accurate as possible and to eliminate errors in relation to our services ; however , we do not represent or warrant that any service descriptions or pricing information are accurate , complete , reliable , current or error-free .
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in the event of an error , we reserve the right to correct such error and revise your order accordingly -lrb- which includes charging the correct price -rrb- or to cancel the order and refund any amount charged .
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if we discover a pricing or other material error related to a service that has yet to be dispatched 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 .
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if we are unable to contact you using the contact details that you provided during the order process , we will treat the order as cancelled .
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you may be required to be a registered user in order to purchase some services .
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you are responsible for all charges incurred in connection with your account .
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oculus may attempt to collect unpaid charges , including by attempting additional charges to your payment instrument , use of collections agencies and any other legal means .
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if you decide to cancel your account , oculus reserves the right , subject to any limitations under applicable laws , to collect fees , surcharges or costs incurred before cancellation .
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any delinquent or unpaid accounts must be settled before oculus will allow you to register again .
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your purchase of a virtual item or in-game currency within the services is a payment for a limited , non-assignable licence to access and use such content or functionality in the services .
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virtual items -lrb- including characters and character names -rrb- or in-game currency purchased or available to you in the services can only be used in connection with the services where you obtained them or where they were developed by you as a result of gameplay .
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these items are not redeemable or subject to refund and can not be traded outside of the services for money or other items for value .
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we may modify or discontinue virtual items or in-game currency at any time .
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we may accept various forms of payment , including credit and debit cards , and payments made through paypal and facebook payments .
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additional terms with your payment provider may apply .
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by submitting an order or pre-order , you acknowledge that you are authorised to use the designated payment method , and you authorise us to charge your order to that payment method .
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when you provide your payment information , you authorise us -lrb- or a third-party payment processor -rrb- to process and store your payment and related information .
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depending on where you are located or ask to have services delivered , oculus may utilise an agent , subsidiary or affiliate to process payment and delivery .
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in the event that the payment method that you designate can not be verified , is invalid or is not otherwise acceptable , we may suspend or cancel your order .
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you are responsible for resolving any problems that we encounter in order to proceed with your order .
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prices are subject to change without notice .
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we reserve the right to refuse or cancel orders at any time and at our sole discretion .
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if your purchase or use of the services is subject to any type of value-added tax , duty or other governmental tax or fee -lrb- `` taxes '' -rrb- , then we may charge you for those taxes .
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applicable taxes may be presented at checkout .
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you are responsible for any taxes due with respect to your use of the services .
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4.11 content cancellations ; returns .
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all purchases of digital content are final , except as required by law or as described in our mobile and rift content refund policies .
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once you 've purchased content , we encourage you to download , install and/or access it promptly .
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if you are located in the eu , you consent that the supply of the digital content may begin immediately following the completion of your purchase and you acknowledge that you therefore will lose any statutory rights that you may have to withdraw and receive a refund .
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if you are unable to download , install or access purchased content , please contact us through the support portal at https://support.oculus.com .
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by accessing or using the services , you agree that you will not : -lrb- a -rrb- access or use the services in any manner that could interfere with , disrupt , negatively affect or inhibit anyone from fully enjoying the services , including , but not limited to , defamatory , harassing , threatening , bigoted , hateful , vulgar , obscene , pornographic or otherwise offensive behaviour or content ; -lrb- b -rrb- damage , disable , overburden or impair the functionality of the services in any manner ; -lrb- c -rrb- access or use the services for any illegal or unauthorised purpose , or engage in , encourage or promote any illegal activity or any activity that violates these terms , community standards or any other terms or policies provided in connection with the services ; -lrb- d -rrb- use or attempt to use another user 's account without authorisation from such user ; -lrb- e -rrb- modify , adapt , hack or emulate the services ; -lrb- f -rrb- use any robot , spider , crawler , scraper or other automated means or interface not provided or authorised by us to access the services or to extract data ; -lrb- g -rrb- circumvent or attempt to circumvent any filtering , security measures or other features designed to protect the services or third parties ; and -lrb- h -rrb- infringe upon or violate the rights of oculus , our users or any third party .
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our services may include interactive features and areas where you may submit , post , upload , publish , email , send or otherwise transmit content , including , but not limited to , text , images , photos , videos , sounds , virtual-reality environments or features , software and other information and materials -lrb- collectively , `` user content '' -rrb- .
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