Supplemental Meta Platforms Technologies Terms Of Service
Effective Date: August 23, 2022
If you use an Oculus account (not a Meta or Facebook account) to access Meta VR Products, please visit the Oculus Terms of Service, which govern your use of Meta VR Products.
Otherwise, these Supplemental Meta Platforms Technologies Terms of Service apply to your use of Meta VR Products.
Your use of certain Meta Platforms Technologies Products (as defined below) is governed by both the Meta Terms of Service and these Supplemental Meta Platforms Technologies Terms (these “Supplemental Terms”), which together form an agreement between you and Meta Platforms, Inc. (“Meta” or “we” or “us” or “our”). If there is any conflict between these Supplemental Terms and the Meta Terms of Service, these Supplemental Terms will govern. Nothing in these Supplemental Terms limits any of our rights under the Meta Terms of Service or any additional terms that they reference.
ARBITRATION NOTICE: YOU AGREE THAT CERTAIN DISPUTES ARISING OUT OF OR RELATED TO THESE SUPPLEMENTAL TERMS OR YOUR USE OF MPT 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 STATED BELOW, TO THE FULLEST EXTENT PERMITTED BY THE LAW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
1. MPT Products. Meta offers a variety of hardware and software products and services related to or in connection with those products as part of Meta Platforms Technologies. The hardware, services, features, apps, technologies, and software that are subject to these terms include the Meta VR Products and other Meta Platform Technologies products listed here, which may be updated from time to time (“MPT Products”).
1.1. Accounts. We want our platform to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to agree to a few requirements before you can create an account to use our MPT Products:
1.1.a. You must be at least 13 years of age to create one or more accounts supported by a MPT Product, such as a Meta account.
1.1.b. You cannot create a Meta account if you are a convicted sex offender, if we have previously disabled your account for violations of the Meta Terms of Service, these Supplemental Terms, or other terms or policies that apply to your use of MPT Products, or if you are prohibited from receiving our products, services, or software under applicable laws.
1.1.c. You may use the same Meta account to access different MPT Products, or you may create multiple different Meta accounts. However, you may not share your password or transfer your account to anyone else (without our permission).
1.1.d. You must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone you aren’t.
1.2. Meta Company Products. We may make certain Meta Company Products available for use on MPT Products. You may need to connect your Meta account to another account type (such as a Facebook or Instagram account) to access certain features or services offered by Meta Company Products (for example, you may need to connect your Meta account to a Facebook account in order to share content from a MPT Product on Facebook). If you choose to use these Meta Company Products, your use of them is subject to the relevant terms and conditions for those Meta Company Products (including relevant data policies).
1.3. Ads and Sponsored Content. Certain MPT Products may show you ads and other commercial and sponsored content that we think may be relevant to you and your interests. As stated in the Meta Terms of Service, we don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Learn more about how Meta ads work here and about your ad settings and preferences here.
2. Your Commitments to Meta and Our Community
2.1. Your responsibility for your use of MPT Products. You may only use MPT Products for personal non-commercial purposes unless otherwise expressly permitted in these Supplemental Terms or authorized by us in writing. Except as expressly permitted by us, you may not copy, modify, prepare directive works, distribute, sell, lease, publicly display, publicly perform, transmit, stream, broadcast, hack, emulate, or otherwise exploit any part of our services and software. Unless we are prohibited from restricting you under applicable law, you also may not reverse engineer any of the MPT Products or try to derive any of the software used in the MPT Products. You are also responsible for complying with all applicable laws when using MPT Products, including providing any notice to or obtaining any consents from other individuals who you interact with on your MPT Products as may be required under video recording, audio recording, biometric data, or other privacy or data protection laws. You are responsible for using your MPT Products in a safe, lawful, and respectful manner. For example, you may not tamper with the MPT Products, or otherwise obscure or modify any features that are intended to signal to others that the product is recording.
2.2. Commercial Use of MPT Products. If you use MPT Products for commercial, business, or other non-personal purposes (“commercial use”), you agree that any such use is also subject to the Commercial Terms for each MPT Product (identified in Section 5.13(b) below) unless otherwise agreed by Meta. If you engage in a commercial use, you represent and warrant that you have legal authority to bind your organization to these Supplemental Terms, the applicable Commercial Terms, and the Meta Terms of Service with respect to the full extent of any such commercial use.
2.3. Your responsibility for other users of your MPT Product. Each person, including you, who uses your MPT Product is referred to in these Supplemental Terms as a user of such products. You are responsible for the activities of all users of your MPT Products, and for their consent to and compliance with these Supplemental Terms. We encourage you to monitor others who use your MPT Products.
3. The Permissions You Give Us
3.1. Permission to use content you create and share. The license granted under “The permissions you give us” of the Meta Terms of Service includes content that you create, share, post, or upload on or in connection with MPT Products (consistent with applicable privacy settings). This means, for example, that if you create or upload videos using MPT Products, you give us permission to store, copy, and share them with others (again, consistent with your privacy settings), such as Meta Company Products, or service providers that support those products and services. This license is solely for the purposes of providing and improving Meta Company Products and services (including the MPT Products) as described in the Meta Terms of Service and in these Supplemental Terms, and will end when your content is deleted from our systems.
3.2. Permissions to update software you use or download. The “Permission to update software you use or download” of the Meta Terms of Service includes permission to download and install updates to software embedded on your device, including during device setup. If you use a Third-Party Service (see Section 4.2 below), you understand and agree that we may install upgrades, updates, and additional features for the Third-Party Service. Some Third-Party Services may constitute core features of a MPT Product device and may be pre-installed or installed by us with no additional notice to you upon initial setup of a MPT Product device or after a MPT Product device is already in use.
3.3. Permission to use your name, profile picture, and information about your actions with ads and sponsored or commercial content. You give us permission to use your profile name, profile picture, and information about actions you have taken in MPT Products (for example, apps you use) next to or in connection with ads, offers, and other sponsored or commercial content that we display in MPT Products without any compensation to you. Additionally, if you choose to connect your Meta account with other Meta Company Products accounts (such as your Facebook or Instagram accounts), you also give us permission to display your profile information and information about actions you have taken in MPT Products across Meta Company Products. Ads and content like this can be seen only by people who have your permission to see the actions you've taken in MPT Products consistent with your privacy settings.
4. What You Can Share and Do on MPT Products
4.1. Permission to use. If your MPT Product includes software applications, content, or virtual items other than Third-Party Services (“Software and Content”) that have been enabled for your use, we hereby grant you a personal, non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to access, use, and download (as permitted by the functionality of the MPT Products) that Software and Content on MPT Products devices you own or control, solely for personal non-commercial purpose (except as expressly authorized by Meta in writing), conditioned on your compliance with these Supplemental Terms. Any unauthorized use of the MPT Products, including the Software and Content, is strictly prohibited and will cause the license granted in these Supplemental Terms to terminate automatically. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you herein or in any other applicable terms. The Software and Content are the property of Meta, its affiliates, or its licensors, and are only licensed, not sold to you. Meta also requires that you use only the then-current version of the Software and Content.
4.2. Third-Party Services. MPT Products can be used to access software, applications, services, content, and virtual items (including, but not limited to, third-party digital content, additional or enhanced functionality, or media content purchased through MPT Products) provided by third parties (“Third-Party Services”). In some cases, Meta or its affiliates may distribute Third-Party Services to you on behalf of the third party.
4.2.a. Third-Party Terms. Your use of a Third-Party Service may be subject to additional terms, conditions, fees, and policies imposed by the third party (together, “Third-Party Terms”). Meta is not a party to these Third-Party Terms. However, in the event that Third-Party Terms conflict with the provisions of these Supplemental Terms, these Supplemental Terms will govern. You are responsible for complying with any applicable Third-Party Terms, and we recommend that you review any applicable Third-Party Terms before using Third-Party Services. We have no obligations or liability for (i) your access to or use of any Third-Party Services, (ii) any information that you provide or authorize us to provide to any Third-Party Services, or (iii) such third party’s collection, use, or disclosure of such information. If you have connected to a Third-Party Service on a MPT Product, you may remain connected using saved credentials unless you take action to discontinue access to that service (such as by changing the applicable account settings for the relevant Third-Party Service).
4.2.b. Default End User License. If you are not presented with an end user license agreement when you acquire Third-Party Services, the following license terms apply to your use of such Third-Party Services: (a) the third party providing the Third-Party Services (and not Meta or its affiliates) is the licensor of such Third-Party Services; (b) such third party grants you a limited, non-transferable license to access and use the Third-Party Services only for your personal and non-commercial purposes; and (c) you may not modify, decompile or disassemble the Third-Party Services in whole or in part, or create any derivative works from or sublicense any rights in or to the Third-Party Services, unless otherwise expressly authorized by the third party or as permitted under applicable law notwithstanding these restrictions. Meta and its affiliates are not parties to the license agreement between you and the provider of such Third-Party Services or other Third-Party Terms.
4.2.c. Discontinuation of Third-Party Services. Third-Party Services may require access to data about Meta users and Meta services, which access is subject to agreements between Third-Party Service providers and Meta. We may disable this access for a Third-Party Service if the Third-Party Service provider breaches these agreements, our policies, or applicable law, or if the agreements are otherwise terminated. This may adversely affect your use of such Third-Party Services, including by making such Third-Party Services partially or fully inoperable. To the maximum extent permitted by applicable law, we will have no liability to you for removing or disabling access to data and services by a third party for these reasons. This means, without limitation, that Meta will not provide you with any refunds for such Third-Party Services in these cases. Any rights, including refund claims, which you may have under your agreements with third parties remain unaffected.
In addition to what is stated in the Meta Terms of Service, you may not use MPT Products to do or share anything that violates these Supplemental Terms, or other terms and policies that apply to your use of MPT Products, including but not limited to those described in Sections 5.12 and 5.13 below. We encourage you to report content or conduct that you believe violates your rights or our terms and policies. We, at our sole discretion, may remove, delete or restrict access to content that we determine to violate such terms and policies, including content that infringes intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods).
If you believe that anything on or available through the MPT Products infringes upon any intellectual property rights you own or control, you may submit a notification of such infringement with our Designated Agent as stated below:
Meta Platforms, Inc.
1601 Willow Road
Menlo Park, CA 94025, US
Phone: +1 (650) 543 4800
Email address: firstname.lastname@example.org
4.4. Objectionable Content. We may display age, comfort, and content ratings for digital content (including ads) that are based on information provided to us by the developers of such content, and which are not verified by Meta, unless expressly mentioned. We cannot guarantee that digital content ratings will always be accurate, nor can we promise that you will not find some material harmful, inappropriate, offensive, indecent, or objectionable, including material that may be found through accessing third-party links or other Third-Party Services. You understand that you may be exposed to content from a variety of sources when using MPT Products and acknowledge that content may be inaccurate, inappropriate, offensive, indecent, or otherwise objectionable. You agree that, to the maximum extent permitted by applicable law, Meta will not be responsible or liable for content posted by you, other users of MPT Products, or a third party.
4.5. Age Restrictions. You may only access certain digital content if you are of or above the age displayed to you when you order the digital content. If we determine that you did not comply with these age requirements, we may disable your access to the digital content and we will not refund the amounts paid for the digital content.
5. Additional Provisions
5.1. Functionality may change or be limited. We work constantly to improve MPT Products and respond to changing needs of our community. As part of this continual improvement, we may introduce new features or services, impose limits on, change, suspend, disable, remove, replace, update, upgrade, roll back, or restrict access to features, services, software, content or any part of MPT Products (including Meta Products or Meta Company Products). If a feature, service, software or content is no longer available, or if a technical error occurs, information, data, or content created or provided by you in connection with such feature, service, software or content may be deleted or become inaccessible, and you should not exclusively rely on any feature, service, software or content to store or preserve such information, data or content. In addition, certain features, services, software or content may be disabled or made available in modified form based on your age or location. We may offer free trials or other limited versions of the MPT Products so that you can preview these products before purchase. These versions may have limited features, restrict the permitted time of use and contain other limitations. The features, functionality, or availability of a Third-Party Service may change or be discontinued, including if the developer of such Third-Party Service violates our terms or policies, or in accordance with the Terms or the applicable Third-Party Terms.
5.2. Account suspension or termination. In addition to what is stated under “Account suspension or termination” in the Meta Terms of Service, which applies to MPT Products and the Meta account, your access to or use of MPT Products may be restricted, suspended, or disabled, and you may lose access to part or all of the services offered by Meta or third parties through MPT Products (including your account, any of your information, data, or content associated with such services), if: (i) we determine, in our discretion, that you have clearly, seriously, or repeatedly breached these Supplemental Terms, or other terms and policies that apply to your access to or use of MPT Products or Third-Party Services; or (ii) we believe your access to, or use of, MPT Products creates a health and safety risk. We may also disable or delete your account if after registration your account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account, or where we are required to do so under applicable law. To the maximum extent permitted by applicable law, Meta and its affiliates assume no liability for such loss of access and use and will have no obligations related to such loss. If you discontinue your use of MPT Products, or we disable your access to or use of MPT Products, these Supplemental Terms shall terminate as an agreement between you and us with respect to those MPT Products, but certain sections will survive termination as provided in Section 5.9 below.
5.3. Updates to these Supplemental Terms. These Supplemental Terms may be updated from time to time to accurately reflect our services and practices, to promote a safe and secure experience on the MPT Products, and/or comply with applicable law. Unless the changes are required by law, we will notify you before we make changes to these Supplemental Terms or any Commercial Terms (if the changes are applicable to the MPT Products used by you), and give you an opportunity to review the updated terms before they go into effect. We hope that you will continue using MPT Products, but if you do not agree to our updated Supplemental Terms, you must cease use of MPT Products. Your continued use of MPT Products after the effective date of the updated Supplemental Terms constitutes your acceptance of those terms.
5.4. Third-Party Fees and Costs. You are responsible for the fees, costs, and other charges, such as internet usage or utilities fees, associated with use of MPT Products, as well as fees, costs, and other charges associated with Third-Party Services.
5.5. Disclaimers; Limitations of Liability; Indemnification.
5.5.a. For the avoidance of doubt, the provisions under “Limits on Liability” of the Meta Terms of Service also apply to MPT Products (except for the limited warranties provided for below). THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THE META TERMS OF SERVICE MAY NOT APPLY TO YOU.
5.5.b. Unless a separate limited warranty is provided, certain hardware products of the MPT Products are covered by the Limited Warranty offered by Meta Platforms Technologies, LLC. Nothing in these Supplemental Terms is intended to either abridge or expand the scope of those limited warranties.
5.5.c. Certain MPT Products may have communication or calling capabilities. However, there are important differences between such MPT Products and a mobile or fixed-line telephone service. MPT Products do not provide access to emergency services or emergency service providers (including the police, fire departments, or hospitals), or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency service providers through a mobile telephone, fixed-line telephone, or other service.
5.5.d. THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING MPT PRODUCTS, AVAILABLE BELOW. WARNING: FAILURE TO FOLLOW THE HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS MAY RESULT IN DAMAGE TO MPT PRODUCTS OR ACCESSORIES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING MPT PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS AND ENSURE THAT ALL USERS OF YOUR MPT PRODUCTS READ THE HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.
5.5.e. To the maximum extent permitted by applicable law, you agree to defend (at our request), indemnify and hold harmless Meta and its affiliates from and against all claims, liabilities, damages, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your purchase or use of the MPT Products; (ii) your actual or alleged breach of these Supplemental Terms or any other applicable terms, policies, warnings or instructions provided by Meta or a third party in relation to the MPT Products; (iii) your violation of any applicable law or any rights of any third party; (iv) any content you provide, upload, or transmit while using MPT Products, or (v) any access to or use of MPT Products by any third party to whom you have made available MPT Products access or use. In the event that you provide Meta’s defense to such a claim, you agree that Meta (a) 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, (b) shall have the right to select defense counsel, and (c) may further participate in the defense of the claim with counsel of our own choice at our own expense.
5.6. Dispute Resolution.
PLEASE READ THIS SECTION 5.6 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 5.6 REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) ARISING OUT OF OR RELATED TO THESE SUPPLEMENTAL TERMS, OR ANY PERSONAL USE OF MPT PRODUCTS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
In the event that you have any dispute with us that is connected to these Supplemental Terms or personal use of MPT Products, you may contact us and we will endeavor to resolve this dispute. Except as provided below, you and Meta agree that any cause of action, legal claim, or dispute that you have against us arising out of or related to these Supplemental Terms, or personal use of MPT Products (“User Claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you may bring a User Claim only on your own behalf and cannot seek relief that would affect other users of MPT Products. If there is a final judicial determination that any particular User Claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this Section 5.6, then only that User Claim (or only that request for relief) may be severed and brought in court. All other User Claims (or requests for relief) remain subject to this Section 5.6.
Instead of using arbitration, you can bring User Claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your User Claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the User 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 Supplemental Terms. YOU 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 that 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 User 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 the Meta Terms of Service as supplemented by these Supplemental 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 rights (like copyrights, patents, trademarks, and trade secrets) are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions are for a court to decide, in the jurisdictions specified below.
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 Supplemental Terms. To opt out, you must send your name, residence address, and email address used for your account or when you access MPT Product, and a clear statement that you want to opt out of this arbitration provision, and you must send them here: Meta Platforms, Inc. ATTN: MPT Arbitration Opt-out, 1601 Willow Road, Menlo Park, CA 94025.
Before you commence arbitration of a User Claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, and email address you use for your account, 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: MPT 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 use with your account or when you access MPT Products, 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 if your User Claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other User 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 or an appeal thereof or not subject to arbitration hereunder, you and Meta agree that such claim 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.
5.7 Severability and Waiver. If any portion of these Supplemental Terms is found to be unenforceable (including but not limited to the terms of Section 5.6), the unenforceable portion will be deemed amended to the minimum extent necessary to render it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of the Supplemental Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
5.8. Governing Law. The laws of the State of California, to the extent not preempted by or inconsistent with U.S. federal law, will govern these Supplemental Terms and any claim, without regard to conflict of law provisions.
5.9. Transfer and Trade Compliance. MPT Products are only intended for use in the countries listed on the “Supported Countries” page of the corresponding MPT Product. Certain MPT Products’ functionality and services may not be accessible outside of, and may vary among and within, the Supported Countries. 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 use or download, allow others to use or download, or otherwise transact with / within MPT Products if you or they are located in a country or region subject to comprehensive U.S. trade sanctions, if you or they are listed on any U.S. or EU restricted parties list, or for any purpose prohibited by Trade Laws. You will not disguise your location through IP proxying or other methods to circumvent this restriction. You will not, and will not allow others to, directly or indirectly, export, re-export, provide, resell, transfer or otherwise dispose of MPT Products: (a) to any individual, entity, or country or region prohibited by Trade Laws; (b) to anyone on U.S. or EU government restricted parties lists; or (c) for any purpose prohibited by Trade Laws, including, but not limited to, nuclear, chemical or biological weapons, or missile technology applications. You will not, and will not allow others to, use, distribute or transfer, MPT Products in any manner that violates applicable law, including all applicable Trade Laws of the Supported Countries and any other applicable governmental authority. MPT Products may not be resold, transferred or otherwise disposed of in a country subject to comprehensive U.S. trade sanctions or to a person or organization sanctioned by the U.S. and EU government authorities.
5.10 Termination. These Supplemental Terms are effective until terminated in accordance with the terms and conditions herein, and will terminate when the Meta Terms of Service between you and us are terminated. Upon termination, the provisions in Sections 3 and 5.5 - 5.12 of these Supplemental Terms will survive.
5.11. Government Rights. The MPT Products, including all related software, technical data and documentation, are “Commercially available off-the-shelf (COTS) items” as defined in Section 2.101 of Title 48 of the U.S. Code of Federal Regulations. We provide the MPT Products for public sector end use, including U.S. Government end use, with the same rights as all other end users pursuant to these Supplemental Terms. If a public sector entity, including a U.S. Government entity, has a need for any additional rights, it must negotiate directly with Meta to determine if the parties can negotiate an acceptable amendment to these Supplemental Terms that must be included in any applicable contract or agreement.
5.12. Product-Specific Terms. The following additional terms apply to the applicable MPT Product (Meta VR Products or Horizon Worlds), as noted below:
5.12.a. For purposes of Section 3 of these Supplemental Terms, you additionally agree that Meta, its affiliates, and other users of Horizon Worlds may interact with, supplement, manipulate, and modify (in whole or in part) any content you have rights in, upload to, or create in Horizon Worlds. To the fullest extent permitted by law, you waive and agree to waive, or agree not to exercise, all rights known or referred to as “moral rights,” “artist’s rights,” “droit moral,” or other similar rights in and to any such content.
5.12.b. Notwithstanding Section 3.1 of the these Supplemental Terms, you acknowledge and agree that: (a) content that you create in, modify in, or upload to Horizon Worlds in accordance with these Supplemental Terms may continue to exist on our systems and in Horizon Worlds even after you have deleted your account; (b) when you delete your account, others you have invited to build your worlds, if any, may assume management of them under certain circumstances; and (c) the license you grant to us to use your content under these Supplemental Terms, along with consents given in relation to that content, will not expire and will continue even after you delete your account.
5.12.c. In addition to the permissions you grant under Section 3 of these Supplemental Terms, you agree when you use Meta VR Products or Horizon Worlds, your device will record (through a rolling buffer processed locally on-device) your and other users’ most recent audio, video, and other interactions in these products. This audio data from this rolling buffer is not stored on our servers unless a report is submitted. However, other data, including data collected through platform services and integrations, about your experience may be stored on our servers. You may submit data from your device, which we associate with contextual data, to us in order to report abuse, combat harmful conduct, and protect and support our community. Other users who are nearby may similarly submit these types of reports. If you do not submit a report, the audio recordings will be cleared when more time has elapsed than the rolling buffer. If you submit a report, the recordings are submitted with the report and retained for as long as necessary to investigate and fully resolve the report, after which time the recordings are deleted. In some cases, we may need to retain the recordings for longer, where it is necessary in order to comply with applicable law. In addition, we may use safety specialists to investigate abuse reports in real time. If safety specialists are called to your location within Horizon Worlds, they can see, hear, and record your interactions in real time. You may not be able to detect when a safety specialist is present in your location within Horizon Worlds.
5.12.d. You may not create currencies, stocks, banks, stock exchanges, or similar financial instruments on Horizon Worlds. Meta may choose to make available to users copyrighted sound recordings and the musical works embodied in the sound recordings (“Licensed Music”) in connection with features of Horizon Worlds. If Meta makes Licensed Music available to you, Meta grants you permission to use Licensed Music solely for creating content on Horizon Worlds. This permission is in the form of a non-exclusive, non-sublicensable, personal, limited, revocable, non-transferable license to (i) synchronize the Licensed Music into content on Horizon Worlds during the period of time that the Licensed Music is made available through Horizon Worlds, and (ii) play, listen, and interact with content containing Licensed Music solely through Horizon Worlds. If you modify, edit, sample, or remix any of the Licensed Music within content on Horizon Worlds, any new or derivative works created will also be Licensed Music and Meta will retain the rights to those works. To the extent permitted by applicable law, you hereby assign and shall assign your rights in those new or derivative works of Licensed Music to Meta, and agree not to make any claim based on moral rights, but you may use those new or derivative works of Licensed Music subject to the limited license above. For clarity, this license does not permit you to sell, license, sub-license, or rent Licensed Music or any new derivative works you or others create from the Licensed Music.
5.13. Other Terms and Policies that may apply.
5.13.a. Meta Quest Store Terms: These terms apply to any order, download, or purchase made through the MPT Products (including free software and content).
5.13.b. MPT Commercial Terms: These terms apply to use of MPT Products for any commercial, business, or other non-personal purpose.
5.13.d. Health and Safety Warnings: These warnings apply to you if you access or use MPT Products.
5.13.e. If you use any MPT Product pursuant to a product testing agreement, beta testing agreement, or similar agreement (a “Product Testing Agreement”), in the event of a conflict between such Product Testing Agreement and these Supplemental Terms, the Product Testing Agreement shall govern to the extent of the conflict.
5.13.f. If you use any MPT Products in your capacity as a developer of software or content for use on the MPT Products pursuant to a developer agreement, in the event of a conflict between such developer agreement and these Supplemental Terms, the developer agreement shall govern to the extent of the conflict.