Meta Horizon Worlds User In-World Purchase Terms
Last updated: March 28, 2022
Subject to these Horizon Worlds – User In-World Purchase Terms (the “IWP Terms”), Horizon Worlds offers users (“Users” or “you”) the ability to purchase the right to access and use digital items (such as consumables, wearables, or equipment for avatars) (“In-World Items”) within the virtual worlds of Horizon Worlds. Such In-World Items are created by third-party creators on the Horizon Worlds platform (“Creators”), and not by Meta (“we” or “us”). Any transaction whereby you purchase a right to access and use any In-World Item is referred to herein as an “In-World Purchase,” and our provision of services related to In-World Items, worlds, and In-World Purchases are collectively referred to herein as the “Services.” Unless otherwise stated at the time of purchase, when you make an In-World Purchase, you do so directly from us. These IWP Terms, along with the Supplemental Oculus Terms of Service (the “Oculus Terms”), Supplemental Beta Horizon Worlds Terms of Service (the “Horizon Terms”), Facebook’s Community Payments Terms(the “Payments Terms”), and Oculus Store Terms (excluding Sections 3-8 and other terms pertaining to Physical Products) (the “Store Terms”) (the Oculus Terms, the Horizon Terms, the Payment Terms and the Oculus Store Terms collectively, the “Additional Terms”), apply to all In-World Items and In-World Purchases.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR OUR AFFILIATES ARISING OUT OF OR RELATED TO THE PROGRAM OR YOUR PARTICIPATION THEREIN 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 SET OUT IN THE OCULUS TERMS.
- In-World Purchases.
- a. To help facilitate In-World Purchases, we may leverage and use the functionality and features of the Oculus Store. For purposes of these IWP Terms, the term “Store” as defined in the Store Terms will also include any contextual or non-contextual virtual displays, storefronts, or any other interface provided within Horizon Worlds that is intended to enable the offering of, and acquisition of rights to access and use, In-World Items. Subject to your compliance with these IWP Terms and the Additional Terms, you can purchase or otherwise acquire access and usage rights to an In-World Item by clicking the “Buy Now” or similar button located in the Store and associated with such In-World Item.
- b. When making an In-World Purchase, you may be required to provide some or all of the following information: your name, mailing address, billing information, and other information as required by law. You represent and warrant that all such information is accurate and complete. You are responsible for ensuring that your account information (including your contact information) is kept current on the Services. We will have no responsibility or liability for inaccurate or incomplete information, or for information that later becomes outdated. Additionally, we have no obligation to make efforts to determine your correct contact information. By making an In-World Purchase, you represent that the applicable In-World Item will be used only in a lawful manner.
- c. We reserve the right, without prior notice, to limit or discontinue the In-World Items made available for purchase; to impose conditions on the honoring of any discount or similar promotion; to bar any User or Creator from making any In-World Purchase; and to refuse to provide a User with any In-World Item. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred. If your purchase is subject to any type of use or sales tax, duty, or other governmental tax or fee (“Taxes”), then you may be charged for those Taxes. You are responsible for any Taxes due with respect to your purchase of In-World Items.
- d. All purchases of In-World Items are final except as required by law. In-World Items purchased or otherwise acquired or available to you in the Services are neither redeemable nor subject to refund by Meta, and cannot be traded for money or other items of value. To the extent you access the Services and conduct In-World Purchases related to In-World Items via third-party services, you may be eligible for refunds pursuant to the applicable terms for such third-party services.
- e. All In-World Items are licensed, not sold, to Users under these IWP Terms, and references herein to “sale” or “purchase” relate solely to acquiring a license to access and use an In-World Item. By completing an In-World Purchase, and subject to these IWP Terms and the Additional Terms, and solely for so long as you are permitted by Meta to use the Services, you receive from Meta (on behalf of the applicable Creator) a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the In-World Item(s) that is the subject of such In-World Purchase, solely for your personal, non-commercial use; provided that, if the applicable Creator has separately granted you permission to make public and/or commercial use of such In-World Item(s) (in writing or through an in-app consent flow), you may do so subject to the terms of such separate grant of permission. Specific In-World Items purchased by you may be subject to additional terms and conditions imposed by the Creator of the relevant In-World Item (the “Other Creator Terms”), in which case you shall also comply with such Other Creator Terms to the extent such terms do not contradict these IWP Terms or the Additional Terms. If you fail to comply with these IWP Terms, the Additional Terms or the Other Creator Terms, you shall immediately cease using the Services, including any In-World Items, and any license to any In-World Items granted to you will terminate automatically.
- In-World Item Restrictions. You will not disassemble, decompile, reverse engineer, decrypt or attempt to derive any code or extract software from, prepare derivative works based upon, distribute, license, sell, rent, transfer or otherwise exploit any In-World Items, except to the extent such restriction is prohibited under applicable law or as expressly permitted herein. You are responsible for complying with all applicable laws when using the Services, including to the extent required under privacy or data protection laws. In-World Items may not be exchanged or traded for other In-World Items and may be subject to Other Creator Terms. Additional restrictions regarding an In-World Item may be indicated to you before you pay for such item or during the checkout process. As examples of such additional restrictions, certain In-World Items:
- a. may only be used within the Creator’s specific world while other In-World Items may be usable across different worlds;
- b. may only be offered as a limited consumable and will expire or be consumed upon a certain number of uses or after a certain amount of time; or
- c. may not have permission from the Creator for use or resale in another Creator’s World.
- Third-Party Services. As further detailed in Section 4.3 of the Oculus Terms and Section 4.6 of the Horizon Terms, META ASSUMES NO OBLIGATIONS OR LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES (WHICH INCLUDES ANY WORLDS OR IN-WORLD ITEMS MADE AVAILABLE BY CREATORS TO USERS), AND WE MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS REGARDING SUCH SERVICES.
- Disputes With Creators. In the event that you have any dispute with any Creator in connection with any In-World Items, you will seek to resolve the dispute directly with such Creator and without the involvement of Meta. You acknowledge and agree that Meta has no obligation to resolve, or to participate in any effort to resolve, any dispute between you and any Creator. However, if you are unable to resolve the dispute after a reasonable good faith effort to do so over a reasonable period of time, either you or the Creator may contact Meta regarding the dispute. If Meta, in its sole discretion, elects to intervene in any such dispute, then, without waiver of your obligations hereunder or any rights and remedies that Meta may have with respect to your breach of these IWP Terms, you hereby authorize Meta to resolve the dispute on your behalf in any manner that Meta deems adequate. You will fully cooperate with Meta’s efforts to resolve the dispute, and you hereby agree that any decision made by Meta in connection with a dispute will be final.
- Meta Use Rights. You hereby acknowledge that Meta retains the right to use any In-World Items as part of any materials for the marketing, advertising, or promotion of Horizon Worlds, in any media or distribution channel now known or hereafter developed.
- Termination. Meta reserves the right to suspend or terminate your access to the Services (including any license to any In-World Item) if you violate any of these IWP Terms or any of the Additional Terms, or where we are required to do so for legal reasons. In no event will Meta be liable in any way for terminating or suspending your access to the Services (including any license to any In-World Items). Upon any termination or expiration of these IWP Terms, your access to the Services will immediately cease, and you will no longer be able to access or use any of your licensed In-World Items. Sections 2, 3, 4, 5, 7, 8, 9 and 10 of these IWP Terms will survive termination and remain in place.
- Indemnification. You agree to defend (at our request), indemnify, and hold harmless Meta, including and its affiliates, subsidiaries, officers, employees, agents, representatives, and directors from and against any claims, suits, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising out of or in any way connected with (a) any actual or alleged breach of these IWP Terms, the Additional Terms, or the Other Creator Terms; (b) your use of In-World Items or the Services in violation of applicable law; (c) your use of, or activities in connection with, In-World Items; (d) your violation of any rights of any third party; (e) claims by, or disputes involving, any Creator regarding any In-World Items or In-World Purchases; (f) your Content (as defined below); and (g) your negligence or willful misconduct. In the event that you provide Meta’s defense to such a claim, you agree that Meta (i) shall be consulted regarding, and shall have the right to approve (at our sole discretion), defense strategy, any appeal, and any settlement of the claim; (ii) shall have the right to select defense counsel; and (iii) may further participate in the defense of the claim with counsel of our own choice at our own expense.
- Limitation of Liability. IN NO EVENT SHALL META OR ITS DIRECT OR INDIRECT SUBSIDIARIES, CONTROLLED AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE TO YOU, ANY OTHER USER, OR ANY CREATOR FOR ANY LOST PROFITS OR BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THESE IWP TERMS OR THE PROGRAM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF META HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. IN NO EVENT SHALL META’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE IWP TERMS, THE SERVICES, ANY IN-WORLD ITEM OR IN-WORLD PURCHASE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) AND (B) THE AMOUNT PAID BY THE USER TO META IN CONNECTION WITH IN-WORLD ITEMS IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE FIRST CLAIM AROSE.
- Trade Compliance.
- a. You will comply with all applicable U.S. and non-U.S. export controls, import controls, and trade sanctions laws (“Trade Laws”). You will not, and will not allow others to, access, use or download Services or conduct purchase transactions if you or they are (i) located in a country or region subject to comprehensive U.S. trade sanctions, (ii) if you or they are listed on any U.S. or EU restricted parties list, or (iii) in connection with activities, individuals, or entities that are located in a country or region subject to comprehensive U.S. trade sanctions, or (iv) in any way that would otherwise violate applicable Trade Laws. You will not, and will not allow others to, disguise your location through IP proxying or other methods.
- b. You will not, and will not allow others to, directly or indirectly, export, re-export, provide, resell, transfer or otherwise dispose of Services: (i) to any individual, entity, or country or region prohibited by Trade Laws; (ii) to anyone on U.S. or EU government restricted parties lists; or (iii) for any purpose prohibited by Trade Laws.
- c. You will not and will not allow others to use, distribute, or transfer Services, third-party content, or third-party services in any manner that violates applicable laws, including all applicable Trade Laws.
- d. You will not and will not allow others to resell, transfer, or otherwise dispose of Services in a country or region subject to comprehensive U.S. trade sanctions or to a person or organization sanctioned by the U.S. and EU government authorities.
- a. If you are a consumer and habitually reside in the EU, EEA or UK, then the laws of your country of residence will apply to any non-contractual dispute or claim arising out of or in connection with these IWP Terms and you may bring proceedings in any competent court of your place of residence. In all other cases, you agree that any claim must be resolved in a competent court of the Republic of Ireland and that Irish law will govern these IWP Terms and any claim, without regard to conflict of law provisions.
- b. The laws of the State of California will govern these IWP Terms and any cause of action, legal claim, or dispute between you and us arising out of or related to these IWP Terms or any In-World Item or In-World Purchase without regard to conflict of law provisions.
- c. Meta reserves the right to update these IWP Terms from time to time by notifying you of such updates by any reasonable means, including by posting the updated IWP Terms on our website. Any such changes will not apply to any dispute between you and Meta arising prior to the date on which we posted the revised IWP Terms incorporating such changes, or otherwise notified you of such changes. The date referenced in the “Last updated” legend above indicates when these IWP Terms were last changed. Your continued use of the Services constitutes acceptance of those changes.
- d. These IWP Terms do not alter in any way the terms or conditions of any other agreement you may have with Meta. In the event of any express conflict between these IWP Terms and such other terms, these IWP Terms will govern solely to the extent of the conflict.
- e. Meta reserves the right, but does not have the obligation, to monitor or audit your compliance with these IWP Terms.
- f. You may not assign, transfer, delegate, charge, or sub-contract any or all of your rights or obligations under these IWP Terms without prior written consent from Meta, and any purported attempt to do so in violation of this provision will be null and void. Subject to the foregoing, these IWP Terms will be binding upon, and inure to the benefit of, the parties and their respective successors and assigns. We may assign, transfer, delegate, charge, or sub-contract any or all of our rights or obligations under these IWP Terms without your consent and without restriction.
- g. Without limiting any grant of rights under these IWP Terms, you hereby grant to Meta the unlimited and unrestricted right to use your username, avatar image, avatar likeness, user profile, profile picture, any In-World Items, and any other content created by you in or on the Horizon Worlds platform (“Content”) in connection with the Services and Meta’s marketing and/or promotion thereof. You agree and acknowledge that you shall not have approval over Meta’s use of such Content and hereby waive any such rights. You further hereby waive and forego any claim to compensation or benefits (other than as specifically set forth herein) or any claim, including, without limitation, claims based upon invasion of privacy, infringement, defamation, or right of privacy and/or publicity, etc. which may arise out of any editing, modification, alteration, blurring, distortion or other use of such Content. Accordingly, you represent and agree that you have obtained all applicable third-party rights, licenses, and permissions in order for Meta to use such Content and grant Meta such usage rights hereunder.
- h. The Additional Terms are hereby incorporated by reference into these IWP Terms. These IWP Terms and the Additional Terms (and any agreements incorporated by reference therein), make up the entire agreement between you and Meta regarding the Services, including any In-World Purchases, and supersede any prior agreements between you and us regarding the subject matter of these IWP Terms.
- i. These IWP Terms do not confer any third-party beneficiary rights.
- j. If any provision of these IWP Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these IWP Terms and will not affect the validity and enforceability of any remaining provisions.