Digital Items Acquisitions.
Acquisitions. Meta may make available Digital Items for Users to purchase or otherwise acquire a license to use (“Licensed Digital Items”) (any such purchase or acquisition, an “Acquisition”) on Meta Horizon, including in Horizon Worlds, the Avatars Store, the Meta Horizon Store, and through other Meta features and services.
Payments. Your use of payment features in connection with an Acquisition is subject to the Community Payments Terms. We may also leverage and use the functionality and features of the Meta Horizon Store. Furthermore, depending on how you access the Digital Items, your Acquisition(s) may also be subject to Third-Party Terms (for example, certain Third-Party Terms of Apple or Google may apply to Acquisitions conducted, respectively, via the iOS platform or the Android platform). Each purchase is an electronic contract between you and us.
Creators determine the value for Creator Items. Digital Items (including Creator Items) may be offered in several ways, including: (a) U.S. Dollars or local currency, (b) digital tokens such as “Meta Credits,” (c) at no charge, or (d) earned through various methods made available by Meta or Creators. The option to offer items for Acquisition in Meta Credits is subject to Meta’s discretion. Any purchase of a license for, access to, or use of Meta Credits, including in connection with any Digital Items Acquisition, is subject to the Meta Credits Terms. Such Meta Credits are not Digital Items for the purposes of these Digital Items Terms, and the purchase of a license to these Meta Credits is not a Digital Items Acquisition for the purposes of these Digital Items Terms.
By tapping the “Buy Now,” “Add,” or a similar button, you agree to the Acquisition of such Digital Items from us. When you make an Acquisition, we will process certain personal information, such as billing and payment details. For more information on how we collect, use, and protect your personal information, please refer to the Supplemental Meta Platforms Technologies Privacy Policy. You acknowledge that there may be a delay between the completion of an Acquisition and the availability of the Digital Item that is the subject of the Acquisition.
We reserve the right, including without prior notice and to the fullest extent permitted by applicable law, to: (i) limit the available quantity of, change, supplement, impose additional restrictions or limits on, suspend, delete, or discontinue making available any Digital Item; (ii) impose conditions on the honoring of any discount or similar promotion; (iii) bar any User or Creator from making any Acquisition; and/or (iv) refuse to provide, or continue to provide, any User with any Digital Item.
Digital Items Acquired by you may not be unique, and we may make available identical or similar Digital Items to other users. Certain Digital Items may only be accessed and used for a limited period of time or a limited number of times. If you Acquire such a Digital Item, it will be removed from your inventory or otherwise become unavailable to you after such period has elapsed or the total number of uses has been reached, as applicable.
You agree to pay all charges incurred by you or on your behalf 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 Digital Items Acquisition.
Refunds. All Acquisitions are final except as required by applicable law. Acquisitions of Digital Items are not redeemable or subject to refund by Meta and cannot be traded for money or other items of value. To the extent that you engage in an Acquisition via a Third-Party Service, the provider of such Third-Party Service may allow for refunds under certain circumstances pursuant to its applicable Third-Party Terms; if so, you will need to deal directly with such provider (and not with us) if you seek a refund in connection with such Acquisition.
Digital Items Offerings. Meta may make available listings, descriptions, and images of Digital Items (including Creator Items, acting as the agent for their distribution). Descriptions of Digital Items are approximate and are for convenience only. For example, the colors of Digital Items may vary depending on the device on which you are viewing such items, and we cannot guarantee that a device will accurately display such colors.
As further detailed in the sections regarding Third-Party Services in the MPT Terms, META ASSUMES NO OBLIGATIONS OR LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES (WHICH INCLUDES ANY DIGITAL ITEMS MADE AVAILABLE BY CREATORS TO USERS), AND WE MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS REGARDING SUCH SERVICES. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained therein). Such information and the availability of any such Digital Item (including the validity of any discount) are subject to change at any time without notice.
It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the Acquisition, possession, and use of any Digital Items.
Licensed Digital Items.
All Digital Items are licensed, not sold, to you under these Digital Items Terms, and references to “sale” or “purchase” relate solely to acquiring a license to access and use a Digital Item. Subject to these Digital Items Terms and the Additional Terms, and solely for so long as you are permitted by Meta to use the Services:
by completing an Acquisition of a Digital Item, you receive from Meta a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use such Digital Item that is the subject of such Acquisition, solely for your personal, non-commercial use (except as expressly permitted in applicable MPT Terms);
by completing an Acquisition of a Creator Item, 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 Creator Item(s), 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 Creator 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 Creator Items Acquired by you may be subject to additional terms and conditions imposed by the Creator of the relevant Creator 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 Digital Items Terms or the Additional Terms.
Third-Party Content. Certain Digital Items may incorporate elements owned by third parties, such as logos, brands, or designs licensed for use within a Digital Item (“Third-Party Content”). You acknowledge and agree that you have no right to use such Third-Party Content in any way except as incorporated into the Digital Item and in accordance with these Digital Items Terms, the Additional Terms, and any applicable Third-Party Terms.
Digital Items 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 Digital Item, 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. Digital Items may not be exchanged or traded for other Digital Items and may be subject to Additional Terms or Other Creator Terms (as applicable). Additional restrictions regarding a Digital Item may be indicated to you before you Acquire such an item or during the checkout process. As examples of such additional restrictions, certain Creator Items:
may only be used within the Creator’s specific world while other Digital Items may be usable across different worlds or across Meta Company Products;
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;
may not have permission from the Creator for use in another Creator’s world; or
may be usable on some Meta Company Products but not others.
Disputes With Creators.
In the event that you have any dispute with any Creator in connection with any Creator Item(s), 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 Digital Items 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.
Disputes With Meta.
If you are not located in the United States, the laws of your jurisdiction of residence will apply to any claim, cause of action, or dispute arising out of or in connection with these Digital Items Terms, the Services, any Digital Item, or Digital Item Acquisition (“Dispute”) and you may resolve your Dispute in any competent court in that jurisdiction that has jurisdiction over the claim.
If you are located in the United States, you agree that any Dispute will be resolved by binding arbitration as set forth in the MPT Terms, and that the laws of the State of California will govern these Digital Items Terms and any Dispute, without regard to conflict of law provisions.
Termination. Meta reserves the right to suspend or terminate your access to the Services (including any license to any Digital Items) if you violate any of these Digital Items 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 Digital Items). Upon any termination or expiration of these Digital Items Terms, your access to the Services will immediately cease, and you will no longer be able to access or use any of your Digital Items. Sections 1 (Digital Items Acquisitions), 3 (Licensed Digital Items), 4 (Digital Items Restrictions), 5 (Disputes With Creators), 6 (Disputes With Meta), 7 (Termination), 8 (Indemnification), 9 (Disclaimers; Warranties), 10 (Limitation of Liability), 11 (Trade Compliance), and 12 (Miscellaneous) of these Digital Items 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 Digital Items Terms, the Additional Terms, or the Other Creator Terms; (b) your use of Digital Items, or the Services in violation of applicable law; (c) your use of, or activities in connection with, Digital Items; (d) your violation of any rights of any third party; (e) claims by, or disputes involving, any Creator regarding any Creator Item; (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.
Disclaimers; Warranties. All Digital Items are made available “AS IS” and we make no representation or guarantees that the Digital Items will always be secure, error-free or that they will function without disruptions, delays or imperfections. To the fullest extent permitted by law, WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR (A) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY DIGITAL ITEM, AND/OR YOUR CONTENT; (B) ANY CONTENT THAT YOU CREATE, POST, OR STORE ON OR THROUGH OUR SERVICES; (C) THE COMPLETENESS, QUALITY, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF ANY DIGITAL ITEM (D) ANY HARM TO YOUR DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF ANY DIGITAL ITEMS; (E) THE OPERATION OR COMPATIBILITY OF ANY DIGITAL ITEM WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; AND (F) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
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 DIGITAL ITEMS TERMS, THE SERVICES, ANY DIGITAL ITEM, OR 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 DIGITAL ITEMS TERMS, THE SERVICES, ANY DIGITAL ITEM, OR EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) AND (B) THE AMOUNT PAID BY THE USER TO META IN CONNECTION WITH DIGITAL ITEMS IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE FIRST CLAIM AROSE.
Trade Compliance.
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: (i) if you or they are located in a country or region subject to comprehensive U.S. trade sanctions; (ii) if you or they are listed on any U.S., UK, or EU restricted parties list; (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.
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., UK, or EU government restricted parties lists; or (iii) for any purpose prohibited by Trade Laws.
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.
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., UK, and EU government authorities.
Miscellaneous.
The governing law for these Digital Items Terms shall be as set forth in Section 6 (Disputes with Meta) above.
Meta reserves the right to update these Digital Items Terms from time to time by notifying you of such updates by any reasonable means, including by posting the updated Digital Items 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 Digital Items Terms incorporating such changes, or otherwise notified you of such changes. The date referenced in the “Effective” date above indicates when these Digital Items Terms were last changed. Your continued use of the Services constitutes acceptance of those changes.
These Digital Items 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 Digital Items Terms and such other terms, these Digital Items Terms will govern solely to the extent of the conflict.
Meta reserves the right, but does not have the obligation, to monitor or audit your compliance with these Digital Items Terms.
You may not assign, transfer, delegate, charge, or sub-contract any or all of your rights or obligations under these Digital Items 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 Digital Items 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 Digital Items Terms without your consent and without restriction.
These Digital Items Terms and the Additional Terms (and any agreements incorporated by reference therein) make up the entire agreement between you and Meta related to the subject matter hereof, and supersede any and all prior and contemporaneous written or oral agreements or understandings between you and Meta relating to such subject matter.
Without limiting any grant of rights under these Digital Items Terms, you hereby grant to Meta the unlimited and unrestricted right to use your username, avatar image, avatar likeness, user profile, profile picture, any Digital Items, and any other content created by you in or on Horizon Worlds (“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.
These Digital Items Terms do not confer any third-party beneficiary rights.
If any provision of these Digital Items Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Digital Items Terms and will not affect the validity and enforceability of any remaining provisions.
