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unless otherwise agreed to , we do not claim any ownership rights in or to your user content .
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by submitting user content through the services , you grant oculus a worldwide , irrevocable , perpetual -lrb- i.e. lasting forever -rrb- , non-exclusive , transferable , royalty-free and fully sublicensable -lrb- i.e. we can grant this right to others -rrb- right to use , copy , display , store , adapt , publicly perform and distribute such user content in connection with the services .
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you irrevocably consent to any and all acts or omissions by us or persons authorised by us that may infringe any moral right -lrb- or analogous right -rrb- in your user content .
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you are solely responsible for the user content that you make available through the services and you represent and warrant that -lrb- a -rrb- you either are the sole and exclusive rights owner of all user content that you provide or you have obtained all rights , licences , permissions , consents and releases that are necessary to grant to oculus the rights specified in this section ; -lrb- b -rrb- the provision of your user content , and our subsequent use of such user content , will not infringe , misappropriate or violate any third party 's patent , copyright , trademark , trade secret , moral rights or other proprietary or intellectual property rights , or rights of publicity or privacy , or result in the violation of any applicable laws or regulations ; and -lrb- c -rrb- your user content does not violate our community standards .
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oculus does not endorse or guarantee the opinions , views , advice or recommendations posted or sent by users .
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oculus has no responsibility or liability for user content made available through the services , and we have no obligation to screen , edit or monitor such content .
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however , we do reserve the right , and have absolute discretion , to remove , screen or edit user content at any time and for any reason .
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in the event that you are a developer who submits user content to oculus , you acknowledge and agree that our agreements with you as a developer may supersede this section of the terms .
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our privacy policy , which is available at https://www.oculus.com/legal/privacy-policy/ , is incorporated into these terms and sets forth how we treat data , including how we collect , use and disclose information .
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in addition , certain third parties -lrb- such as developers of third-party content and the manufacturers of your computer , mobile phone or other devices -rrb- may collect information about you when you use the services .
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these third parties have their own privacy policies and will treat the information that they collect about you in accordance with these policies .
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we encourage you to review these privacy policies before providing any information to third parties .
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we are not responsible for the accuracy of any third party 's privacy policy or for ensuring that third parties comply with their privacy policies .
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these terms are in addition to , and do not replace or change , any other agreements that you enter into with oculus , which may include , but are not limited to , our developer agreements , special device terms of use , community standards and contest , competition or promotion-related terms .
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in addition , if you purchase physical goods from oculus , other terms of sale or promotion may apply from time to time .
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your purchase and use of third-party content may be subject to additional terms , including , but not limited to , third-party end-user agreements , and privacy policies .
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we encourage you to review any third-party agreements and policies carefully before accessing , downloading or using third-party content .
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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 .
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we can not 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 .
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unless otherwise indicated , the services are the property of oculus or our licensors and are protected by copyright , trademark and other laws of the united states and foreign countries .
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you will not remove , alter or obscure any copyright , trademark , service mark or other proprietary rights notices incorporated in or accompanying the services .
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oculus , oculus vr , rift and the oculus logo -lrb- `` oculus marks '' -rrb- are trademarks or registered trademarks of oculus vr , llc .
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the oculus marks and those of its affiliates may not be copied , imitated or used , in whole or in part , without prior written permission , including as authorised by any applicable brand guidelines .
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all other trademarks , service marks , logos , trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder .
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separate and apart from user content , you may submit questions , comments , suggestions , ideas , plans , notes , drawings , original or creative materials or other information about oculus and our services -lrb- collectively , `` feedback '' -rrb- .
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you agree that oculus and its affiliates shall be able to use the feedback in any way it may choose without any obligation to you .
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export compliance and us government rights
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you will comply with all applicable export control laws of the united states and any other applicable governmental authority , including , without limitation , the us export administration regulations -lrb- `` export laws '' -rrb- .
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you will not , directly or indirectly , export , re-export or download any products , services or technology of oculus , including , without limitation , the services : -lrb- a -rrb- to any individual , entity or country prohibited by export laws , including by any us sanctions programme ; -lrb- b -rrb- to anyone on the sdn list , the denied persons list or entity list or other export control lists ; or -lrb- c -rrb- for any purpose prohibited by export laws , including nuclear , chemical or biological weapons proliferation or the development of missile technology .
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you further represent and warrant that no us federal agency has suspended , revoked or denied your export privileges and you are not listed on the sdn list .
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the services , including all related software , technical data and documentation , are `` commercial items '' as that term is defined in section 2.101 of title 48 of the us code of federal regulations -lrb- u.s.c. -rrb- .
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we provide the services for us government end use solely in accordance with the following : -lrb- a -rrb- the services are licensed only as commercial items ; and -lrb- b -rrb- the us government will have the same rights as all other end users pursuant to these terms .
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this customary commercial licence is provided in accordance with far 12.211 -lrb- technical data -rrb- and far 12.212 -lrb- software -rrb- and , for us department of defense transactions , dfars 252.227-7015 -lrb- technical data -- commercial items -rrb- and dfars 227.7202-3 -lrb- rights in commercial computer software or computer software documentation -rrb- .
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if a us government agency has a need for any additional rights , it must negotiate directly with oculus to determine if the parties can negotiate an acceptable licence amendment that must be included in any applicable contract or agreement .
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in accordance with the us digital millennium copyright act -lrb- `` dmca '' -rrb- and other applicable laws , we have adopted a policy of terminating , in appropriate circumstances and at our sole discretion , accounts of users who are deemed to be repeat infringers .
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we may also , at our sole discretion , limit access to the services and/or terminate the accounts of any users who infringe any intellectual property rights of others , whether or not there is any repeat infringement .
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if you believe that anything on or available through the services infringes upon any copyright which you own or control , you may file a notification of such infringement with our designated agent as set forth below :
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address : 1601 willow road , menlo park , ca 94025 , usa
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please see section 512 -lrb- c -rrb- -lrb- 3 -rrb- of title 17 of the us code -lrb- available at http://www.copyright.gov/title17/92chap5.html#512 -rrb- for the requirements of a proper notification .
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if you knowingly misrepresent in your notification that the material or activity is infringing , you will be liable for any damages , including costs and legal fees , incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing .
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you are granted a limited , non-exclusive right to create text hyperlinks to our websites for non-commercial purposes ; however , you may not use our logos or other proprietary graphics to link to our sites without our express written permission .
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the services 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 .
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you understand and agree that we are not responsible or liable for the availability or accuracy of such third-party properties or the content , products or services made available through such properties .
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we do not endorse or control such third-party properties and we make no representations or warranties of any kind regarding such properties .
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if you access or use any third-party properties , you should also be aware that such third parties ' terms and policies will govern .
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15.1 there are important health and safety warnings and instructions that you must read before using the services , which are available at https://www.oculus.com/legal/health-and-safety-warnings/ .
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by using the services , you represent and warrant that you have read and understand these warnings and instructions .
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we may update or revise these warnings and instructions , so please review them periodically .
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additional health and safety warnings and instructions may be provided by developers in relation to specific third-party content .
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you represent and warrant that you will read all health and safety warnings and instructions before using the services .
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15.2 you expressly acknowledge and agree that your access to and use of the services is at your sole risk .
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as between you and oculus , to the maximum extent permitted by applicable law , the services are provided on an `` as is '' and `` as available '' , basis , and oculus expressly disclaims all representations , warranties and conditions -lrb- express or implied , oral or written -rrb- , including any implied warranties of merchantability , fitness for a particular purpose and non-infringement .
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in addition , oculus does not represent or warrant that -lrb- a -rrb- the functions contained in the services will be accurate or meet your requirements ; -lrb- b -rrb- the operation of the services will be secure , uninterrupted , error-free or virus-free ; or -lrb- c -rrb- any defects in the services will be corrected .
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no oral or written information , guidelines or advice given by oculus will create a warranty .
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the foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law .
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the laws of some states or jurisdictions do not allow the disclaimer of implied warranties , so some or all of the disclaimers in this section may not apply to you .
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you agree to defend , indemnify and hold harmless oculus and our affiliates , independent contractors and service providers , and each of our respective directors , officers , employees and agents -lrb- collectively , `` oculus parties '' -rrb- from and against all third-party claims , damages , costs , liabilities and expenses -lrb- including , but not limited to , reasonable legal fees -rrb- caused by , arising out of or related to -lrb- a -rrb- your purchase or use of , or inability to use , the services ; -lrb- b -rrb- your violation of these terms or any other applicable terms , policies , warnings or instructions provided by oculus or a third party in relation to the services ; -lrb- c -rrb- your violation of any applicable law or any rights of any third party ; or -lrb- d -rrb- any user content or feedback that you provide .
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the oculus parties shall have no liability for any lost profits or other consequential , special , punitive , indirect or incidental damages , arising from or related to your use or inability to use the services , even if an oculus party has been advised of the possibility of such damages .
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in no event shall the aggregate liability of the oculus parties arising out of or relating to the use of or inability to use the services exceed the greater of one hundred us dollars -lrb- $ 100 -rrb- or the amount that you paid us to use our services .
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the foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law .
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the laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages , so some or all of the exclusions and limitations set forth above may not apply to you .
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notwithstanding anything to the contrary in these terms , nothing in these terms excludes or limits our liability for fraud or for death or personal injury caused by our negligence .
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please read the following section carefully because it requires you to submit to binding arbitration -lrb- jury trial waiver -rrb- of any and all disputes -lrb- other than specified intellectual property claims and small claims -rrb- with oculus and limits the manner in which you can seek relief from oculus -lrb- no class arbitrations , class actions or representative actions or arbitrations -rrb- .
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18.1 binding arbitration ; disputes ; small claims .
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you and oculus agree to waive any right to a jury trial , or the right to have any dispute resolved in any court , and instead accept the use of binding arbitration -lrb- which is the referral of a dispute to one or more impartial persons for a final and binding determination -rrb- ; provided , however , that you have the right to litigate any dispute in small claims court , if all of the requirements of the small claims court , including any limitations on jurisdiction and the amount at issue in the dispute , are satisfied .
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you agree to bring a dispute in small claims court in san mateo county , california , or , if you reside in the us , in a small claims court in your county of residence .
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`` dispute '' as used in this section 18 means any dispute , cause of action , claim or controversy arising out of or in any way related to oculus , these terms , the subject matter of these terms or access to and use of the services , including , but not limited to , contract , personal injury , tort , warranty , statute or regulation , or other legal or equitable basis and disputes that involve third parties -lrb- such as developers of third-party content -rrb- , except any dispute , cause of action , claim or controversy relating to oculus ' intellectual property -lrb- such as trademarks , trade dress , domain names , trade secrets , copyrights and/or patents -rrb- .
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you and oculus empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation , applicability or enforceability of these terms or formation of this contract , including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable .
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18.2 no class arbitrations , class actions or representative actions .
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you and oculus agree that any dispute is personal to you and oculus , and that any dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration , a class action or any other representative proceeding .
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neither party agrees to class arbitration , or an arbitration where a person brings a dispute as a representative of any other person or persons .
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neither you nor oculus agree that a dispute can be brought as a class or representative action whether inside or outside arbitration , or on behalf of any other person or persons .
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18.3 us federal arbitration act .
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you and oculus agree that these terms affect interstate commerce and that the enforceability of section 18 shall be governed by , construed and enforced , both substantively and procedurally , by the us federal arbitration act , title 9 -lrb- 1 -rrb- et seq. .
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u.s.c. -lrb- `` faa '' -rrb- to the maximum extent permitted by applicable law .
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the arbitrator , oculus and you shall maintain the confidentiality of any proceedings , including , but not limited to , any and all information gathered , prepared and presented for the purposes of the arbitration or related to the dispute -lrb- s -rrb- therein .
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the arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality , unless the law provides to the contrary .
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our goal is to resolve claims fairly and quickly .
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accordingly , for any dispute that you have against oculus , you agree to first contact oculus and attempt to resolve the claim informally by sending a written notice of your claim -lrb- `` notice '' -rrb- to oculus .
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the notice to oculus must be sent by certified post addressed to : general counsel , oculus vr , llc , 1601 willow road , menlo park , ca 94025 , usa .
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the notice must -lrb- a -rrb- include your name , residence address and the email address and/or mobile telephone number associated with your account ; -lrb- b -rrb- describe the nature and basis of the claim ; and -lrb- c -rrb- set forth the specific relief sought .
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if you and oculus can not reach an agreement to resolve the claim within 30 days after such notice is received , then either party may , as appropriate in accordance with this section 18 , commence an arbitration proceeding or file a claim in court .
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you and oculus agree that any dispute must be commenced or filed within one year after such claim arose ; otherwise , the dispute is permanently barred .
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in the event that you and oculus can not resolve a dispute and you do not pursue your claims through small claims court , you or oculus shall promptly submit the dispute to binding arbitration at the office of the american arbitration association -lrb- `` aaa '' -rrb- .
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in the event aaa declines or is unable to administer the arbitration , you and oculus agree to use an arbitration forum or arbitrator that you and oculus mutually agree upon .
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if , after making a reasonable effort , you and oculus are not able to agree upon an arbitration forum or arbitrator , aaa or a court having proper jurisdiction will appoint an arbitration forum or arbitrator .
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the arbitration will be conducted in accordance with the aaa consumer arbitration rules -lrb- `` aaa rules '' -rrb- then in effect .
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the aaa rules and other information about aaa and arbitration are readily available at http://www.adr.org , by calling +1 800 778 7879 or by post to 120 broadway , floor 21 , new york , ny 10271 , usa .
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by entering into these terms , you either -lrb- 1 -rrb- acknowledge that you have read and understand the aaa rules ; or -lrb- 2 -rrb- waive reading the aaa rules and waive any claim that the aaa rules are unfair in any way .
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you and oculus agree that these terms govern the arbitration , and that the applicable aaa rules shall be subject to changes in procedures that aaa may make from time to time .
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as limited by the faa , these terms and the applicable aaa rules , the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the dispute , provided , however , that this power does not include the power to conduct a class arbitration or a representative action , which is prohibited by these terms -lrb- as stated above -rrb- .
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the arbitrator may only conduct an individual arbitration , may not consolidate more than one person 's claims and may not preside over any form of representative or class proceeding , or any proceeding on behalf of or involving more than one person or persons .
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unless the arbitrator finds that the arbitration was frivolous or brought for an improper purpose , oculus will pay all filing , aaa and arbitrator 's fees and expenses .
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if the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected -lrb- or if we did not make a settlement offer before an arbitrator was selected -rrb- , then we will pay you the amount of the award or usd 5,000 , whichever is greater , and pay your legal adviser , if any , the amount of legal fees incurred , and reimburse any expenses -lrb- including expert witness fees and costs -rrb- that you or your legal adviser reasonably accrue for investigating , preparing and pursuing your claim in arbitration .
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we waive any right to seek an award of legal fees and expenses in connection with any non-frivolous arbitration between you and us .
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18.6 right to opt out .
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you may opt out of this agreement to arbitrate .
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if you do so , neither you nor oculus can require the other to participate in an arbitration proceeding .
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to opt out , you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision , and must include your name and home address , the email address that you use for your oculus account -lrb- if you have one -rrb- and a clear statement that you want to opt out of this arbitration agreement .
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any requests to opt out must be sent to : general counsel , oculus vr , llc , 1601 willow rd. , menlo park , ca 94025 , usa .
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