General
1.1. This agreement is a contract between you and Meta Platforms, Inc. (or, if you are a European Region resident, excluding residents of the United Kingdom, Meta Platforms Ireland Limited) (hereinafter “Meta”), governing your use of the Beat Saber game. If you are a resident of the United Kingdom, this agreement is a contract between you and Meta Platforms, Inc.
1.2. For the purpose of this agreement, the term Beat Saber game includes the software of the video game itself, all of its components (e.g., the source code) and content (e.g., graphical or musical content).
1.3. This agreement applies to the Beat Saber game and all of its future updates and expansions, unless the expansion is governed by a separate agreement. If an expansion to the Beat Saber game is governed by a separate agreement, you will be explicitly asked to agree to the separate agreement.
1.4. If you are a minor (below the legal age of majority in your country), please have the agreement reviewed and agreed to by your parent or legal guardian.
Application of a distributor’s terms and conditions
2.1. We generally use the services of a distributor to market our Beat Saber game. The distributor usually has its own terms and conditions governing your use of its services and the distribution of software via its services to you. If there is anything in the distributor’s terms and conditions that overlaps with the legal matters regulated in this agreement, the distributor’s terms and conditions take precedence unless they provide that this agreement between you and Beat Games applies preferentially.
Health and safety warning
3.1. Due to its virtual-reality nature, the Beat Saber game can be physically challenging. Please consider your state of health before you start playing. If you have any doubts, consult a physician. Take breaks regularly and stay hydrated.
3.2. Please be careful and mindful of your environment when playing the Beat Saber game. Always make sure there is enough space for you to play safely and that there are no obstacles or dangerous objects around you.
3.2.1 This experience requires high physical activity. All users should read the health and safety warnings provided with your headset (https://www.oculus.com/safety-center/) before playing Beat Saber. Always create and maintain a safe play space. Take regular breaks. Stop playing if you experience discomfort.
3.3. If you are a minor (below the legal age of majority in your country), please have the health and safety concerns checked by your parent or another responsible adult person before you start to play the Beat Saber game.
3.4. Please note that you bear responsibility for your actions while you play the Beat Saber game. We don’t take responsibility for any injury or damage caused by your actions while playing the Beat Saber game. Nothing in this clause will limit or exclude our liability for death or personal injury caused by our negligence in circumstances where such liability cannot be limited or excluded under applicable law.
License terms and ownership
4.1. We give you the right to use the Beat Saber game (a license) to the extent of downloading it, installing it, and playing it for your personal non-commercial enjoyment.
4.2. You may not do the following with the Beat Saber game:
4.2.1. use the Beat Saber game for commercial purpose (including e-sport and similar events) without our prior consent or unless specifically permitted in this agreement;
4.2.2. grant a sublicense to another person;
4.2.3. copy the Beat Saber game, apart from creating copies necessary to run the Beat Saber game on your gaming device;
4.2.4. sell, rent, lease, or otherwise distribute the Beat Saber game;
4.2.5. edit, merge, distribute, translate, reverse engineer, decompile, or disassemble the Beat Saber game unless specifically permitted in this agreement, by our prior consent, or by the mandatory rules of the applicable law;
4.2.6. cheat, wilfully exploit bugs or glitches, wilfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Beat Saber game;
4.2.7. bypass or remove any measure preventing misuse of the Beat Saber game; or
4.2.8. misuse the Beat Saber game in any way contrary to the applicable law, including good morals rules.
4.3. We retain all ownership rights to the Beat Saber game. No proprietary right is assigned to you via this agreement.
4.4. We reserve the right to provide or unilaterally deploy patches, updates, and other modifications to the Beat Saber game in order to remove or correct a bug, glitch, or other issue, to prevent misuse of the game or breach of this agreement, or to enhance the gameplay (e.g., provide you with additional content).
4.5. Be considerate and polite while using any online feature of the Beat Saber game, especially when communicating with other players. Don’t choose a rude or offensive user-name or any user-name infringing rights of others, especially personal rights. If you do this, we reserve the right to take the appropriate measures, e.g., change your user-name, block your access to the online feature of the Beat Saber game, or suspend or block your access to the Beat Saber game.
4.6. For players using the PlayStation™ VR platform, any content purchased in the in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™ Network Terms of Service and User Agreement which is available on the PlayStation™ Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
Liability
5.1. We grant you all the rights under this agreement to the Beat Saber game “as is” and “as available”. That means that, to the extent permissible by law, we do not grant you any guarantee that the Beat Saber game works without any bugs, glitches, or other issues. In as much as the applicable law permits, we don’t take any responsibility or liability for the Beat Saber game having any bugs, glitches, or other issues.
5.2. We warrant to you that we have the right to conclude this agreement with you and that we have the right to grant you the rights under this agreement (namely the license to use the Beat Saber game).
Termination
6.1. If you materially breach this agreement, we have the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by this agreement, namely the right to use the Beat Saber game, whereas we shall have no further obligations to you stemming from this agreement.
Governing law and dispute resolution
7.1. This agreement, your use of the Beat Saber game and all claims based on, arising from, or related to this agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this agreement or rights and obligations regarding any unjust enrichment incurred in relation to this agreement, shall be governed by and enforced in accordance with the law of the Czech Republic (excluding conflict-of-law rules), including its statutes of limitations. For the avoidance of doubt, in no case may the aforesaid governing law prejudice the level of consumer protection ensured by the laws of your country of residence.
7.2. Any dispute pertaining to this agreement shall be judged and resolved exclusively by the courts of the Czech Republic. IN SOME JURISDICTIONS THE PROVISIONS INCLUDED IN THIS SECTION ARE PROHIBITED. NO PROVISIONS IN THIS SECTION WILL THEREFORE BE BINDING ON YOU IN CIRCUMSTANCES WHERE THEY ARE PROHIBITED IN THE JURISDICTION IN WHICH YOU ARE A RESIDENT. IN SUCH CIRCUMSTANCES, WHERE YOU HAVE A LEGAL RIGHT TO DO SO, YOU MAY BRING A CLAIM TO ENFORCE YOUR CONSUMER RIGHTS IN CONNECTION WITH THESE TERMS BEFORE THE COURTS OF YOUR RESIDENT COUNTRY.
Changes and amendments
8.1. We reserve the right to make changes to this agreement. In such case, we will post the changes and amended text of the agreement online and take reasonable steps to draw your attention to it.
8.2. The changes shall come into effect (become legally binding) 30 days after we post the amended agreement online, unless a longer period is stipulated in the amendment. If you don’t agree to the changes, you can terminate this agreement by simply ceasing to use the Beat Saber game (including deleting any copy installed on your gaming device). If you continue to use the Beat Saber game after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
Other legal matters
9.1. You may not assign this agreement or any of the rights granted in the agreement to another person.
9.2. In as much as the applicable law permits, the provisions of this agreement shall be interpreted to the fullest extent expressed in this agreement. If any of the provisions of this agreement are deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
Contact
10.1. If you have any questions, comments, or feedback, you can contact us at
contact@beat-games.com.
Please contact us at this email address also in case you have any complaints in regard to our performance of this agreement.
