Meta Quest Store Terms
Date of Last Revision: August 23, 2022
These Meta Quest Store Terms ("Store Terms" or "Terms") apply to any offer, order, purchase or download that is made, placed, or accessed through the Meta websites or Meta VR platform or through other Meta Products (as defined under the Meta Terms of Service), in each case where these Terms are presented or incorporated by reference (collectively the "Store") and are between you and Meta Platforms Technologies, LLC, or if you reside in the U.S. Territories (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands) between you and Meta Platforms Technologies Ireland Limited, ("Meta Platforms Technologies" or "we" or "us" or "our"). By accessing an offer or by placing an order for, downloading, or making a purchase of products, applications, or content offered through the Store (the "Products"), you agree to be bound by these Store Terms. To the extent these Store Terms conflict or are inconsistent with the terms of the Oculus Terms of Service or Supplemental Meta Platforms Technologies Terms of Service, these Store Terms will apply.
ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS 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 FURTHER SET FORTH BELOW IN THE "DISPUTE RESOLUTION" SECTION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
ORDER ACCEPTANCE AND ACKNOWLEDGMENT
You can place an order by clicking the pre-order or purchase button located in various sections of the Store with respect to the Products of your choice. When placing an order, you may be required to provide some or all of the following information: your name, billing information, and other information as required by law. If you are buying a Gift (as defined below), you will also be required to provide us with recipient information. 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 Store. 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have no responsibility or liability for inaccurate or incomplete information, or for information that later becomes outdated.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. For pre-orders which are pending release, you can update your payment method at any time prior to Order Acceptance (defined below) by visiting your account settings. Meta Platforms Technologies will not take payment for Product purchases until Order Acceptance.
We will confirm our acceptance of your order by sending you a communication that confirms that your order has been processed and that your payment method has been charged ("Order Acceptance"). Any release dates or times provided by us for pre-orders are estimates only and are not guaranteed. Download of the Products you ordered will begin once your device is online and any previously queued downloads have been completed (and for pre-orders, once the Product is released for delivery to your device). You will receive a receipt for your Products, Gifts, and Subscriptions order via email.
PRE-ORDERS
In advance of a new Product launch, it may be possible to place pre-orders on the Store. The price of the Products you pre-order will be quoted to you at the time you submit your pre-order and may not include applicable taxes. Placing a pre-order does not guarantee acceptance of the order and delivery of the Products.
When you place a pre-order you will receive a confirmation, which will include details on when your payment method will be charged. When we charge your payment method, we will send you another communication. This communication will constitute the Order Acceptance for the pre-ordered Products.
OUR RIGHT TO REJECT YOUR ORDER
At any time prior to Order Acceptance, we reserve the right to decline or reject your order. If this occurs, we will attempt to notify you through email or other reasonable means. If you have already paid, we will refund you the full amount of the declined or rejected order including applicable taxes.
YOUR RIGHT TO CANCEL AN ORDER
You may cancel your order or pre-order at any time prior to Order Acceptance. If you placed an order while logged into your account on the Store, you can cancel your order by clicking on the "Cancel Order" text link on the applicable Order Details page (which can be accessed from the "My Account" feature) or by contacting Customer Care in accordance with the instructions listed at https://www.meta.com/help/quest/ .
WARRANTY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
META PLATFORMS TECHNOLOGIES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS AND ANY THIRD-PARTY PRODUCTS.
THIRD PARTY PRODUCTS
We may market and offer for sale products which are provided by a third-party ("Third-Party Products"). Your purchase and use of Third Party Products is subject to the applicable policies, agreements, and terms and conditions offered by such third-party, including any license, warranty, indemnity and support terms.
DIGITAL CONTENT, IN-APP PURCHASES, GIFTS, AND SUBSCRIPTIONS
You may have the ability to purchase digital content through the Store ("Digital Content"), to purchase additional or enhanced functionality or media content within certain Products through the store ("In-App Purchases"), to purchase certain digital content as gift codes that a third party recipient can redeem through the Store for the digital content you select (“Gifts”), or to make In-App Purchases to access or receive digital content, functionalities, or services on a subscription basis ("Subscriptions"). All purchases of Digital Content, In-App Purchases, Gifts, and Subscriptions are final except as required by law, or as described in our Go/Gear ( https://www.meta.com/legal/quest/go-gear-content-refund-policy/), Rift/Quest ( https://www.meta.com/legal/quest-rift-content-refund-policy/) Content Refund Policies, or EU/EEA/UK Consumer Right of Withdrawal Information (e.g., as explained in our EU/EEA/UK Consumer Right of Withdrawal Information ( https://www.meta.com/legal/quest/eu-consumer-right-of-withdrawal-information/). Once you have purchased Digital Content or an In-App Purchase, we encourage you to download, install, and/or access it promptly. You consent that the delivery of Digital Content, In-App Purchases, Gifts, and Subscriptions may begin immediately following the completion of your purchase, and you acknowledge that you will therefore lose any statutory rights you may have to withdraw and receive a refund. The laws of some jurisdictions do not allow the disclaimer or removal of certain statutory rights, so this waiver of statutory rights may not apply to you. If you are not able to download, install, or access purchased Digital Content or In-App Purchases, please contact us through the support portal at https://www.meta.com/help/quest/ .
You can purchase a Gift by providing the Gift recipient’s information and making payment in accordance with these Terms. The Gift recipient will receive an email notifying them that they have been sent a Gift, and information about how to redeem it. If they are not an existing user, they can only redeem the Gift by logging in with a Meta account and becoming a Meta Quest user A recipient also has a limited timeframe to redeem Gifts. Gifts will expire on the date expressed at the time of purchase.
The recipient will not be able to redeem the Gift if they already are entitled to the Digital Content, or are restricted from doing so by law or any of our policies or requirements.
If redemption is unsuccessful for any reason, you will receive an email and a refund. Once the Gift has been purchased, only the recipient may request a refund in accordance with our Content Refund Policies. Please note that all refunds will be provided to you and not the recipient.
Gifts are not redeemable by the recipient for cash or store credit, or eligible for resale.
You may have the ability to purchase Subscriptions. Certain Subscriptions may be available at no charge for a specified free trial period, which will begin on the date that you place the Subscription order. When you place a Subscription order without a free trial period, we will immediately charge your payment method the price then in effect (plus applicable taxes). If the Subscription includes a free trial period, we will automatically charge your payment method at the end of the free trial period. For all Subscriptions (with or without a free trial period), these charges will recur at the selected interval (e.g., monthly) at the price then in effect (plus applicable taxes), unless and until the Subscription is cancelled.
Your next billing date will be the last day of your current billing period or, if applicable, the last day of your free trial. To avoid being charged for the next billing period (e.g., the next month), you must cancel at least 24 hours before the next billing date. You can view these dates in your account settings.
The price of an ongoing Subscription may change. Before any price changes take effect, we will give reasonable notice in advance of the next billing date.
You may cancel Subscriptions, including free trials, at any time in your account settings. If you cancel, the benefits of your Subscription will remain available to you through and until the end of the paid-for billing period or the free trial period, as applicable. When your Subscription ends, you will lose your right to receive the benefits of your Subscription, such as access to additional content, functionalities and/or services.
You may be able to select your Subscription from among different membership tiers and/or billing periods of varying lengths (for example, bronze, silver or gold; monthly, quarterly or yearly). You may, if offered, change the tier or billing period length of your Subscription. Unless otherwise indicated or required by applicable law, any such tier, price, or billing period changes are effective as of the beginning of the next billing period (for details on your current Subscription period, please see your account settings).
There are no refunds for Subscriptions, unless otherwise indicated or required by applicable law.
We may cancel Subscriptions for any or no reason at the end of the then-current billing period by giving reasonable notice in advance. If we cannot successfully charge your payment method on a billing date, we will notify you. After 2 more days, we reserve the right to cancel or suspend your access to your Subscription.A
VIRTUAL ITEMS
Your purchase of a virtual item or in-game currency within the Products is a payment for a limited, non-assignable license to access and use that content or functionality in the Products. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Products may only be used in connection with the Products where you obtained them or where they were developed by you as a result of gameplay. These items are not redeemable or subject to refund and cannot be traded outside of the Products for money or other items of value. We may modify or discontinue virtual items or in-game currency at any time. Except as described in these Terms, we have no responsibility for any transactions you enter into with a third party for virtual items or in-game currency within the Store and assume no liability for such virtual items or in-game currency that occur within software, applications, content or services provided by third parties.
PRICING AND PAYMENT
We may accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with your payment provider may apply.
By submitting an order or pre-order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. We may utilize an agent, subsidiary, or affiliate to process payment.
Prices are subject to change without notice (excluding ongoing Subscriptions). We reserve the right to refuse or cancel orders at any time and in our sole discretion.
In the event that the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in connection with your order.
DATA PROTECTION
To the extent that Meta Platforms Technologies processes any of your personal information for the purposes of any order, purchase or download described in these Terms, Meta Platforms Inc. ("Meta Platforms Inc.") is the data controller for the Store (and in respect of any personal information collected in connection with any order placed under these Terms). You authorize us (or a third-party payment processor) to process and store your payment and related information. For example, in accordance with the Supplemental Meta Platforms Technologies Privacy Policy or the Oculus Privacy Policy (as applicable), Meta Platforms Inc. may pass your personal information to a third party processor (including for payment).
ERRORS
We attempt to be as accurate as possible and to eliminate errors in relation to our Products; however, we do not represent or warrant that any Product descriptions or pricing information are accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. If we discover a pricing or other material error related to Products that have yet to be 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. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.
TAXES
If your purchase is subject to any type of use or sales tax, duty or other governmental tax or fee ("Taxes"), then we may charge you for those Taxes. Depending on your or your device’s location, applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your purchase of the Products.
OTHER TERMS AND POLICIES
Use of any Product purchased through the Store may be subject to additional terms and policies (some of which may be between you and Meta Platforms Inc. or its other affiliates), including, as applicable, the Meta Terms of Service, the Supplemental Meta Platforms Technologies Terms of Service, the Oculus Terms of Service, the Meta Privacy Policy, the Supplemental Meta Platforms Technologies Privacy Policy, the Oculus Privacy Policy, and any other terms that may be presented and must be agreed to by a user prior to using the Product.
CONSUMERS ONLY
You may only purchase Products for personal use or to give as a gift, unless otherwise expressly permitted by us pursuant to other written terms. You may not purchase Products from us for commercial use or resale, and we reserve the right to refuse or cancel your order if we suspect that you are purchasing Products for such purpose.
ACCOUNT
When you attempt to place an order, certain features on the Store may automatically be populated with your information. You are responsible for the accuracy of any populated information.
Products purchased on the Store may require the use of an active Meta, Facebook, or Oculus account. In order to use the Products, a user may be required to log in to the Product with an active Meta, Facebook, or Oculus account. In the event the user’s Meta, Facebook, or Oculus account is suspended, disabled, or deleted, the Product may not be usable by such user until the user has an active Meta, Facebook, or Oculus account again. You are responsible for all charges incurred in connection with your account. Meta Platforms Technologies may attempt to collect unpaid charges, including by attempting to make additional charges to your payment instrument, through the use of collections agencies and through any other legal means. If you decide to cancel your account, Meta Platforms Technologies reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges or costs incurred before cancellation. Any overdue or unpaid accounts must be settled before you will be allowed to register again for a Meta, Facebook, or Oculus account.
MISCELLANEOUS
Meta Platforms Technologies may change these Store Terms at any time by posting revised terms on the Store. Any such new terms will be effective as of the date of posting and shall in no event be applicable to sales or downloads which concluded prior to the date the new terms are posted. Your placing an order or pre-order for or purchasing or downloading Products after the effective date of the updated Store Terms constitutes your acceptance of those terms.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Meta Platforms Technologies, and any attempted assignment without such consent shall be void. All of our rights and obligations under these Store Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
(Not applicable to Quebec consumers) The laws of the State of California, to the extent not preempted by or inconsistent with U.S. federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
The Products are protected by copyright, patent, trademark, and other laws of the United States and other countries, and no licenses are granted to you by implication hereunder.
DISPUTE RESOLUTION
(Not applicable to Quebec consumers)
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS “DISPUTE RESOLUTION” SECTION REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) WITH US ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or the Products ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your or our own behalf and cannot seek relief that would affect other users or purchasers of the Products. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this “Dispute Resolution” section, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this “Dispute Resolution” section.
Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association ("AAA") will administer all arbitrations under its Consumer Arbitration Rules, as amended by these Terms.
YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. Disputes related to intellectual property (like copyrights and trademarks) are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to any version of these Terms. To opt out, you must send your name, residence address, and email address, and a clear statement that you want to opt out of this arbitration provision, and you must send them here: Meta Platforms, Inc. ATTN: Meta Quest Store Arbitration Opt-out, 1601 Willow Road, Menlo Park, CA 94025.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, and email address, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Meta Platforms, Inc., ATTN: Meta Quest Store Arbitration Filing, 1601 Willow Road, Menlo Park, CA 94025. Before we commence arbitration, we will send you a Notice of Dispute to the email address you provided, or other appropriate means. If we are unable to resolve a dispute within 30 days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with AAA’s applicable rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
(For Quebec consumers) These Store Terms and any dispute of any sort related to them that might arise between you and us shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
CONTACT US
If you have any questions or concerns regarding these Terms or our Store, please contact us through the support portal at https://www.meta.com/help/quest/ , email at contact@oculus.com.
