Oculus Start Program Terms & Conditions ("Terms")

The Oculus Start Program (“Program”) is a program from Facebook Technologies, LLC (formerly known as Oculus VR, LLC) (“Oculus,” “we,” “us,” or “our”) designed to help developers build and grow their products. These Oculus Start Terms and Conditions (“Terms”) apply to your application for, acceptance to, and participation in the Program.

Acknowledgment of Terms.

Your application to and participation in the Program, its related Benefits (detailed below), and use of other Oculus products and services are all governed by the Oculus Terms Of Service, including all incorporated terms, conditions, and policies (collectively, the “TOS”). The TOS is incorporated herein by this reference. These Terms are in addition to and not in lieu of the TOS.

As a condition of participating or attempting to participate, in the Program you agree to be bound by these Terms and the decisions of Oculus, which are final and binding in all respects. If you breach any of these Terms, your participation, including, without limitation, any application, in the Program is VOID and you must immediately forfeit any and all benefits, if any have been provided to you.

Oculus may terminate the Program and your access to any or all Benefits at any time without notice.

Applying to the Program

The Program consists of two tracks: (i) the Start Track; and (ii) the Growth Track. To be eligible to apply in either the Start Track or the Growth Track, you must meet the following criteria:

have a valid email address;

be at least the age of majority in your jurisdiction of residence;

as of the date of application, must have a working application build uploaded to your Oculus developer dashboard or published an application on another virtual reality platform;

have a registered Oculus developer account;

if you are participating in connection with your VR work within an organization, that organization must be privately held; and;

along with your application, you will be asked to submit a signed participant agreement and release.

Both the Start Track and Growth Track have additional requirements that must be met in order for you to participate in the program.

Start Track Additional Requirements

You are limited to one (1) application per person and up to ten (10) applications per Organization, however, no application will be accepted if the applicant works with more than nine (9) other developers on VR projects within an Organization.

To be eligible to receive a Unity Plus license as a part of the Start Track, your, or the Organization for which you are applying, gross revenues and/or funding (no matter what the source), or, if you are a not-for-profit Organization, your budget for the entire entity, for the consecutive twelve (12) months directly preceding your application to the Program must not exceed $200,000.

Growth Track Additional Requirements

You are limited to one (1) application per person and up to twenty (20) applications per Organization, however, no application will be accepted if the applicant works with more than nineteen (19) other developers on VR projects within an Organization

You may apply to one or both of the Program tracks, provided that you meet the requirements for the particular track(s) to which you apply. You acknowledge and agree that you may apply only once on your or your Organization’s behalf. Your acceptance into the Program and either of the tracks is at the sole discretion of Oculus. Oculus reserves the right to accept you to the Growth Track even if you have applied only for the Start Track, provided that you meet the requirements provided in these Terms.

Participation in the Program

You represent and warrant that you are not a national or legal resident of a jurisdiction where the laws of the United States or local law prohibits participating or receiving benefits in connection with the Program or in which the United States has embargoed goods (including, without limitation, Cuba, Sudan, Iran, North Korea, Syria, and any other jurisdiction designated by the United States Treasury's Office of Foreign Assets Control ("OFAC")), nor are you or any Organization with which you are affiliated identified on OFAC’s Specially Designated Nationals And Blocked Persons List. You further represent that you are not an employee, officer, director, member, manager, representative or agent of Oculus or of any other entity whose employees/agents are not eligible to participate in the Program or a member of the immediate family or household of any such employee/agent.

If you are participating on behalf of or in connection with an Organization or your employer or within the scope of you affiliation or employment with an organization or informal group (any, and each, an "Organization"): (1) you understand and agree that these Terms are binding on you, individually, and your Organization; and (2) you warrant that you have authority to participate and that your Organization has full knowledge of your actions and has consented thereto and that your actions do not violate your Organization’s policies and procedures.

Benefits

If your application is successful, Oculus will provide you information on how to access program benefits available to you (“Benefits”). The Benefits that you may be provided will be dependent upon the track to which you are accepted. You acknowledge that the Benefits you are to receive as part of your participation in the Program Benefits will be determined by Oculus in its sole discretion and communicated to you separately by Oculus. The Benefits and availability thereof are subject to change without notice. Select Benefits may have additional eligibility requirements, as stated on the Program site or upon disbursement, and receipt or use of any Benefit is subject to agreeing to additional terms in the form provided by Oculus by the required deadline. You understand that you may be ineligible to receive certain Benefits based on your place of residence. You also understand that any Benefit(s) you are provided may be subject to additional terms and conditions as specified at the time the Benefit is provided or in its accompanying documentation. You understand that any Benefit(s) made available by third parties may be subject to terms and conditions agreed between you and each such third party and you further understand and agree that Oculus will not be a party to any such agreement and will not have any liability or obligation with respect to such Benefit(s).

In accordance with our Privacy Policy, Oculus may disclose your data to third parties to make any of the Benefits available to you.

All Benefits are provided “AS IS” and are nontransferable nor redeemable for cash. Any alleged or actual ambiguity or discrepancy related to the Program will be resolved by Oculus in its sole discretion.

Oculus will not be responsible or liable to you if you do not accept or use any Benefit(s) (or any portion thereof) for any reason. You waive the right to assert as a cost of participating in the Program, any and all costs of verification and redemption or travel to claim or utilize the Benefits and any liability and publicity that might arise from claiming or seeking to claim or utilize the Benefits..

Any and all expenses related to accepting and making use of the Benefits or participating in the Program that are not specified by Oculus as being provided as part of the Benefits are your sole responsibility. Without limiting the foregoing, you understand that, except where expressly specified by Oculus (or a third-party Benefit provider) in writing as being part of a Benefit to be provided to you, all hardware, software, internet-access, transportation, lodging, and any other cost or expense necessary to participate in the Program or to make use of a Benefit are your sole responsibility.

You are solely responsible for all taxes related to or due from the acceptance of your Benefits, and that, if required in Oculus’s sole discretion, Oculus may file a tax reporting form for the total value of the Benefits with the U.S. Internal Revenue Service. You understand that you may be required to complete additional tax-reporting documentation as deemed necessary by Oculus in its sole discretion prior to your receipt of any Benefit(s)

You may not transfer or assign any Benefit you are provided, except as permitted by Oculus in writing and at its sole discretion. You understand that Benefits may not be sold, bartered, or redeemed for cash.

Grant of Rights

Except where prohibited by law, you grant to the Released Parties (defined below) the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display your name, photograph, likeness, voice, biographical information, social media handle, avatar, any quotes attributable to you, any interview responses provided by you, and any other indicia of persona and, if applicable, the trade name, trademark, and logo of an Organization you are affiliated with or an employee of (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion), including, without limitation, identifying you or the Organization as a member of the Program, for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to you, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and you release all Released Parties from any and all liability related to such authorized uses. You acknowledge and agree that nothing contained in this Agreement obligates Oculus to make use of any of the rights granted herein and you waive any right to inspect or approve any such use. The rights and releases granted in this section shall survive the termination and/or expiration of these Terms.

Miscellaneous

You understand that, if you breach these Terms, Oculus shall have the option, in its sole discretion, to immediately terminate these Terms without liability to you, and further, upon Oculus’ request you shall immediately return and/or cease use of any Benefits granted to you under these Terms. Your participation in the Program is VOID and you immediately forfeit and must discontinue use of any and all Benefits you have been provided under the Program, if any. If your participation in the Program is discontinued (for any or no reason), you understand that Oculus may require you to discontinue using and return any and all Benefit(s) immediately (or in a different timeframe as specified by Oculus).

NOTHING IN THIS AGREEMENT ACTUALLY OR PURPORTEDLY LIMITS, EXCLUDES, OR MODIFIES, ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THIS AGREEMENT WOULD CONTRAVENE ANY APPLICABLE STATUTE, LAW, OR RULE OR CAUSE ANY PART OF THIS AGREEMENT TO BE VOID ("NON-EXCLUDABLE GUARANTEES"). TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, AND EXCEPT FOR ANY NON-EXCLUDABLE GUARANTEES, YOU UNDERSTAND AND AGREE THAT THE PROGRAM AND ALL BENEFITS ARE PROVIDED "AS IS" WITH NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT, CUSTOM, OR LAW, MADE BY OCULUS, ANY BENEFIT PROVIDER OR OTHER PROMOTIONAL PARTNER, OR ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, DIVISIONS, OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS OR REPRESENTATIVES (COLLECTIVELY, "RELEASED PARTIES") OR FOR WHICH ANY OF THE RELEASED PARTIES MAY BE LIABLE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT NO RELEASED PARTY WILL HAVE ANY LIABILITY FOR UNAUTHORIZED INTERVENTION IN ANY PART OF THE APPLICATION PROCESS OR TECHNICAL OR HUMAN ERROR OF ANY KIND THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROGRAM OR PROVIDING OF BENEFITS.

YOU AGREE TO RELEASE, DISCHARGE, HOLD HARMLESS, AND THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH PARTICIPATING IN ANY PROGRAM-RELATED ACTIVITY OR THE ACCEPTANCE, USE, OR MISUSE OF ANY BENEFIT(S).

YOU UNDERSTAND AND AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, THIS AGREEMENT IS A COMPLETE RELEASE AND DISCHARGE OF ALL OF YOUR CLAIMS AND RIGHTS AGAINST THE RELEASED PARTIES AND THAT NO ACTION WILL BE TAKEN BY OR ON YOUR BEHALF WITH RESPECT OF ANY SUCH RIGHTS.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM OR ANY BENEFIT, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL OF YOUR CLAIMS, JUDGMENTS AND AWARDS AGAINST ANY RELEASED PARTY WILL BE LIMITED TO YOUR ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED TO PARTICIPATE IN THE PROGRAM (IF ANY) NOT TO EXCEED TEN UNITED STATES DOLLARS (USD $10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL THIRD-PARTY, OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN UNITED STATES DOLLARS (USD $10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

You understand that any waiver of any term of these Terms in a particular instance will not be a waiver of such term for the future. You agree that the invalidity or unenforceability of any part of these Terms will in no way affect the validity or enforceability of any other part hereof. You agree that these Terms constitute the entire agreement between Oculus and you regarding the Program (but, as described above, you understand that you receipt of certain Benefits may be subject to additional agreements between you and a third-party Benefit provider).

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants party in connection with the Program and related Benefits will be governed by and construed in accordance with the internal laws of the State of California. By participating, you agree to waive any right to claim any ambiguity of these Terms.

YOU HAVE READ, FULLY UNDERSTAND, AND AGREE WITH ALL OF THE ABOVE. YOU ACKNOWLEDGE THAT THE TERMS ARE CONTRACTUAL, AND NOT BY WAY OF RECITAL, AND THAT YOU HAVE HAD AMPLE OPPORTUNITY TO INVESTIGATE ALL THE MATTERS INVOLVED IN ACCEPTING THESE TERMS. YOU FURTHER PROMISE THAT YOU HAVE DULY AND VALIDLY AGREED TO THIS AGREEMENT OF YOUR OWN FREE ACT.