Developer Terms of Service

Summary

Detailed on this page is our full terms and conditions. It is important that you read and understand them in full, but we’ve also put together a brief summary for viewing at a glance:

  • WEARVR is an independent virtual reality and augmented reality app store, promoting distributing and selling VR apps for a range of different VR headsets.
  • We operate our primary store (wearvr.com) and app to promote, distribute and sell VR apps as well as having partnership relationships with companies operating their own app stores (third-party app stores). We will always get your consent prior to adding your apps to third-party app stores.
  • For VR apps sold on our primary store, the revenue share is a 75/25 split - we take 25% to cover our costs. You will receive 75%.
  • For VR apps sold on our third party app stores, the revenue share is a 70/30 split - we take 30% to cover our costs. You will receive 70%.
  • For VR apps sold on our third party app stores in China, the revenue share is 60/40. You will receive 60%.
  • It’s your content, we do not own it when it is listed on WEARVR or our third party app stores.
  • No pornographic content is allowed.
  • If you’d like to remove your content from WEARVR or our third party app stores, please allow 3 business days after requesting the takedown.
  • You support your VR content (although we will help where we can!).
  • We have the right to give the buyer a refund, if requested within 7 days of purchase.
  • We do not employ or take any responsibility for DRM (Digital Rights Management).
  • You set your price, we may include applicable taxes in the prices charged to users.
  1. Introduction

    WEARVR (the “Service”) allows users to purchase and download certain virtual reality games and other digital content (“VR Content” or “Product”) for free or upon payment of a fee, directly from our primary site (wearvr.com) or indirectly via third party app stores. In some cases, users may purchase a “Product Key” or “Access Code” that allows them to access such VR Content from a third party website or service. The Service also allows developers of VR Content (“Developers) to promote and distribute their VR Content and related Product Keys and Access Codes. For purposes of this Agreement, such Product Keys and Access Codes shall be deemed “VR Content.”

  2. Accepting this Agreement
    1. This agreement (“Agreement”) forms a legally binding contract between you, as a Developer, and WEARVR regarding your use of the Service to promote and distribute VR Content. You acknowledge that WEARVR will, solely on your behalf, and not on WEARVR’s behalf, display and make VR Content available to our users (and, if applicable, to the users of third-party app stores). In order to use the Service to promote and distribute VR Content, you must accept this Agreement and provide complete and accurate information. You may not promote or distribute VR Content on the Service if you do not accept this Agreement.
    2. If you are agreeing to be bound by this Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement. If you do not have the requisite authority, you may not accept the Agreement or use the Service on behalf of your employer or other entity. In addition, if you are a minor, you must have your parent or legal guardian accept this Agreement on your behalf.
  3. Pricing and Payments
    1. This Agreement covers both VR Content you choose to distribute for free and VR Content for which you charge a fee. In order to charge a fee for your VR Content, you must provide valid payment information to WEARVR in the form of your bank account or PayPal account information.
    2. Your VR Content will be displayed to users at prices you establish in your sole discretion. WEARVR may include applicable taxes in the price charged to users on the Service. You may set the price for your VR Content in the currencies permitted by any third party payment processor used by the Service (the “Payment Processor”). WEARVR may display the price of VR Content to users in their native currency, but it is not responsible for the accuracy of currency rates or currency conversion.
    3. You are the merchant of record for VR Content you sell through the Service. The price you set for VR Content will determine the amount of payment you will receive. A Transaction Fee of twenty-five (25%) percent of the sales price will be retained by WEARVR for Content sold on our primary app store (wearvr.com). A Transaction Fee of thirty (30%) percent of the sales price will be retained by WEARVR for Content sold on our non-Chinese third party app stores. A Transaction Fee of forty (40%) percent of the sales price will be retained by WEARVR for Content sold on our Chinese third party app stores. Where either WEARVR or the Payment Processor is required by applicable (local) legislation to withhold any taxes (“Withholding Taxes”) on payments made or received by anyone of them, WEARVR will add an amount equal to such Withholding Taxes to the sales price. For the avoidance of doubt, Withholding Taxes include, but are not limited to, withholding tax obligations on cross-border payments or imposed by telecommunications taxes. The remainder (sales price less Transaction Fee, and less the amount equal to any Withholding Taxes) will be remitted to you, upon request, within forty-five (45) days of the last day of the month in which the applicable Content purchases were made. In order to make a request for payment, the Developer must have generated a minimum of $100 to be paid. You are responsible for providing any applicable tax residency certificates to WEARVR. If WEARVR does not receive such documentation, WEARVR will withhold at the domestic withholding tax rate.
    4. Where WEARVR or the Payment Processor is required by applicable (local) legislation to determine, apply and pay the applicable tax rate, WEARVR or the Payment Processor (and not Developer) will be responsible for applying and collecting and remitting the taxes to the appropriate taxing authority. If WEARVR collects and remits value added taxes on customer payments (where required of WEARVR by applicable local law) and this remittance fulfils the applicable requirements for value added taxes on those customer payments, such taxes will not be passed on to Developer by WEARVR. Where WEARVR is required to collect and remit taxes as described in this section, Developer and WEARVR will recognize a supply from Developer to WEARVR for tax purposes, and Developer will comply with the relevant tax obligations arising from this additional supply. Where WEARVR is not required by applicable law to determine, apply and pay the applicable tax rate and WEARVR does not withhold any such taxes, Developer (and not WEARVR or the Payment Processor) shall be solely responsible for remitting taxes to the appropriate taxing authority.
    5. You may also choose to distribute VR Content for free or submit a link to a third party website (such as Steam, Oculus Home or Googleplay). If the Product is free, you will not be charged a Transaction Fee. WEARVR reserves the right to review and approve any increases or reductions in prices for Products you request. With your prior approval, WEARVR may periodically promote “sale prices” for certain Products.
    6. You Support Your VR Content. Buyers are instructed to contact WEARVR concerning any defects or performance issues in applications downloaded and installed directly from WEARVR. With respect to Products you sell on the Service, you must respond to any such support inquiries within three (3) business days. Other than submitting support requests to you, WEARVR will have no responsibility to undertake or handle support and maintenance of your VR Content. You must supply and maintain valid and accurate contact information that will be used by WEARVR to submit support requests and other legal purposes. Failure to provide adequate support for your VR Content may result in removal from the Service.
    7. Authority to Refund. You authorize WEARVR to give the buyer a full refund of the price of a Product on your behalf if the buyer requests the refund at any time within seven (7) business days after purchase. In all other respects, the Payment Processor’s standard terms and conditions regarding refunds will apply. User refunds may be exclusive of taxes previously charged to users for Product purchases.
    8. Reinstalls. Users are allowed unlimited reinstalls of each Product distributed via the Service, provided however that if you remove a Product(s) from the Service pursuant to clauses (i), (ii), (iii) or (iv) of Section 7.1, such Product(s) shall be removed from all portions of the Service and users shall no longer have a right or ability to reinstall the affected VR Content.
  4. Use of the Service by You
    1. Except for the license rights granted by you in Section 5 below, WEARVR agrees that it obtains no right, title or interest from you (or your licensors) under this Agreement in or to any of VR Content, including any intellectual property rights which subsist in those VR Content.
    2. You agree to use the Service only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
    3. You agree that if you use the Service to distribute VR Content, you will protect the privacy and legal rights of users. If the users provide you with, or your Product accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your Product, and you must provide legally adequate privacy notice and protection for those users. Further, your Product may only use that information for the limited purposes for which the user has given you permission to do so. If your Product uses personal or sensitive information provided by users, it must do so securely and only for as long as it is needed. But if the user has opted into a separate agreement with you that allows you or your Product to Service or use personal or sensitive information directly related to your Product (not including other VR Content or applications) then the terms of that separate agreement will govern your use of such information.
    4. Prohibited Actions. You agree that you will not engage in any activity with the Service, including the development or distribution of VR Content, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to, WEARVR.
    5. You agree that you are solely responsible for (and that WEARVR has no responsibility to you or to any third party for) any VR Content you distribute through the Service and for the consequences of your actions (including any loss or damage which WEARVR may suffer) by doing so. These consequences include, but are not limited to, product liability, consumer protection, and/or intellectual property claims relating to your VR Content.
    6. You agree that you are solely responsible for (and that WEARVR has no responsibility to you or to any third party for) any breach of your obligations under this Agreement, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which WEARVR or any third party may suffer) of any such breach.
    7. Product Ratings. The Service will allow users to rate and review VR Content. Product ratings may be used to determine the placement of VR Content on the Service, subject to WEARVR’s ability to change placement at WEARVR’s sole discretion. Your VR Content may be subject to user ratings to which you may not agree. You may contact WEARVR if you have any questions or concerns regarding such ratings.
    8. Marketing Your Product. You will be responsible for uploading your VR Content to the Service, providing required Product information and support to users, and accurately disclosing the security permissions necessary for the Product to function on user virtual reality headsets and computes (“Devices”). VR Content that is not uploaded in accordance with this clause will not be published in the Service.
    9. Restricted Content. Any Product you wish to distribute on the Service is subject to the prior review and approval of WEARVR. WEARVR may refuse to publish and distribute any Product, in its sole discretion. Without limiting the generality of the foregoing sentence, WEARVR may refuse to distribute any Product that violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates WEARVR’s hosting policies or other terms of service as may be updated by WEARVR from time to time in its sole discretion; (d) is being distributed by you improperly; (e) may create liability for WEARVR; (f) is deemed by WEARVR to have a virus or is deemed to be malware, spyware or have an adverse impact on WEARVR’s network; (g) violates the terms of this Agreement; or (h) the display of the Product is impacting the integrity of WEARVR servers.
    10. You acknowledge and agree that WEARVR does not employ and takes no responsibility for any digital rights management (DRM) for Products distributed via the Service.
  5. License Grants
    1. You grant to WEARVR a nonexclusive, worldwide, and royalty-free license to: reproduce, perform, display, and use the VR Content for administrative and demonstration purposes in connection with (i) the operation and marketing of the Service; and (ii) the marketing of devices and services that support the use of the VR Content.
    2. After termination of this Agreement or if a Product is removed from the Service, WEARVR will not distribute your Product, but may retain and use copies of the Product for support of the Service.
    3. You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to the Product. If You use third-party materials, You represent and warrant that you have the right to distribute the third-party material in the Product. You agree that you will not submit material to Service that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.
    4. With your prior consent, WEARVR will distribute your VR Content into third-party app stores, including (but not limited to) Pico Interactive, VR Japan and Nibiru. All your rights as specified in this Agreement apply to third-party app stores including, but not limited to, product takedowns, content maintenance, ratings and prohibited actions. WEARVR will always be your primary point of contact for content promoted and distributed via such third-party app stores.
  6. Brand Features and Publicity
    1. Each party shall own all right, title and interest, including without limitation all intellectual property rights, relating to its trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as owned (or licensed) by such party from time to time (“Brand Features”). Except to the limited extent expressly provided in this Agreement, neither party grants, nor shall the other party acquire, any right, title or interest (including, without limitation, any implied license) in or to any Brand Features of the other party. Subject to the terms and conditions of this Agreement, Developer grants to WEARVR and its affiliates a limited, non-exclusive, royalty-free license during the term of this Agreement to display Developer Brand Features, submitted by Developer to WEARVR, for use solely online and solely in connection with the distribution and sale of Developer’s Product through the Service, or to otherwise fulfill its obligations under this Agreement. Nothing in this Agreement gives Developer a right to use any of WEARVR’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, without WEARVR’s prior approval.
    2. Publicity. In addition to the license granted in 6.1 above, for purposes of marketing the presence, distribution and sale of the Developer’s Product in the Service and its availability for use on Devices and through other WEARVR services, WEARVR and its affiliates may include Developer Brand Features, submitted by Developer to WEARVR for general marketing purposes, both within the Service and otherwise.
  7. Product Takedowns
    1. Your Takedowns. You may request to have your VR Content removed from future distribution via the Service at any time, but you must comply with this Agreement and the Payment Processor’s terms of service for any VR Content distributed through the Service, including but not limited to refund requirements. In the event you request the removal of VR Content from future distribution via the Service, WEARVR shall use commercially reasonable efforts to remove such VR Content within three (3) business days of your request. Removing your VR Content from future distribution via the Service does not (a) affect the license rights of users who have previously purchased or downloaded your VR Content, (b) remove your VR Content from Devices or from any part of the Service where previously purchased or downloaded applications are Serviced on behalf of users, or (c) change your obligation to deliver or support VR Content or services that have been previously purchased or downloaded by users. Notwithstanding the foregoing, in no event will WEARVR maintain on any portion of the Service (including, without limitation, the part of the Service where previously purchased or downloaded applications are Serviced on behalf of users) any Product that you have removed from the Service and provided written notice to WEARVR that such removal was due to (i) an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person, (ii) an allegation of defamation or actual defamation, (iii) an allegation of violation, or actual violation, of any third party’s right of publicity or privacy, or (iv) an allegation or determination that such Product does not comply with applicable law.

      If you remove a Product from the Service pursuant to clauses (i), (ii), (iii) or (iv) of this Section 7.1, and an end user purchased such Product within a year before the date of takedown, at WEARVR’s request, you must refund to the affected end user all amounts paid by such end user for such affected Product, less the portion of the Transaction Fee specifically allocated to the credit card/payment processing for the associated transaction.
    2. WEARVR Takedowns. While WEARVR does not undertake an obligation to monitor Products and their content, if WEARVR is notified or otherwise becomes aware and determines in its sole discretion that a Product or any portion thereof or your Brand Features; (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates WEARVR’s hosting policies or other terms of service as may be updated by WEARVR from time to time in its sole discretion; (d) is being distributed by you improperly; (e) may create liability for WEARVR; (f) is deemed by WEARVR to have a virus or is deemed to be malware, spyware or have an adverse impact on WEARVR’s network; (g) violates the terms of this Agreement; or (h) the display of the Product is impacting the integrity of WEARVR servers (i.e., users are unable to access such content or otherwise experience difficulty), WEARVR may remove the Product from the Service or reclassify the Product at its sole discretion. WEARVR reserves the right to suspend and/or bar any Developer from the Service at its sole discretion. If your Product contains elements that could cause serious harm to user devices or data, WEARVR may at its discretion disable the Product or remove it from devices on which it has been installed. WEARVR may suspend or terminate distribution of your VR Content if you materially breach the terms of any non-disclosure agreement or other agreement relating to the Service. If feasible and practical, WEARVR will attempt to notify you prior to removing your Product from the Service.

      In the event that your Product is involuntarily removed because it is defective, malicious, infringes intellectual property rights of another person, defames, violates a third party’s right of publicity or privacy, or does not comply with applicable law, you may be responsible to provide refunds to users who purchased such Product.
  8. Your Developer Credentials

    You agree that you are responsible for maintaining the confidentiality of any developer credentials that WEARVR may issue to you or which you may choose yourself and that you will be solely responsible for all VR Content that are developed under your developer credentials.

  9. Privacy and Information

    In order to continually innovate and improve the Service, WEARVR may collect certain usage statistics from the Service and Devices, including but not limited to, information on how the Service and Devices are being used. The data collected is examined in the aggregate to improve the Service for users and Developers and is maintained in accordance with the WEARVR Privacy Policy. To ensure the improvement of VR Content, limited aggregate data may be available to you upon written request.

  10. Terminating this Agreement
    1. This Agreement will continue to apply until terminated by either you or WEARVR as set out below.
    2. If you want to terminate this Agreement, you must provide WEARVR with thirty (30) days prior written notice (unless this Agreement terminates under Section 14.1) and cease your use of any relevant developer credentials.
    3. WEARVR may at any time, terminate this Agreement with you if:

      (A) you have breached any provision of this Agreement; or

      (B) WEARVR is required to do so by law; or

      (C) you cease being an authorized Developer; or

      (D) WEARVR decides to no longer provide the Service.

  11. DISCLAIMER OF WARRANTIES
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
    2. YOUR USE OF THE SERVICE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
    3. WEARVR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  12. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEARVR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT WEARVR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

  13. Indemnification
    1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless WEARVR, its affiliates and their respective directors, officers, employees and agents, from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the Service in violation of this Agreement, and (b) your Product that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.
    2. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the applicable Payment Processors (which may include WEARVR and/or third parties) and the Payment Processors’ affiliates, directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from taxes related to Your distribution of VR Content distributed via the Service.
  14. Changes to the Agreement

    WEARVR may make changes to this Agreement at any time by sending the Developer notice by email describing the modifications made. WEARVR will also post a notification on this page describing the modifications made. You should look at the Agreement, and check for notice of any changes, regularly. Changes will not be retroactive. They will become effective, and will be deemed accepted by Developer, (a) immediately for those who become Developers after the notification is posted, or (b) for pre-existing Developers, on the date specified in the notice, which will be no sooner than 30 days after the changes are posted (except changes required by law which will be effective immediately). If you do not agree with the modifications to the Agreement, you must terminate your use of the Service, which will be your sole and exclusive remedy. You agree that your continued use of the Service constitutes your agreement to the modified terms of this Agreement.

  15. General Legal Terms
    1. This Agreement constitutes the whole legal agreement between you and WEARVR and governs your use of the Service, and completely replaces any prior agreements between you and WEARVR in relation to the Service.
    2. You agree that if WEARVR does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which WEARVR has the benefit of under any applicable law), this will not be taken to be a formal waiver of WEARVR’s rights and that those rights or remedies will still be available to WEARVR.
    3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
    4. You acknowledge and agree that each member of the group of companies of which WEARVR is the parent shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.
    5. EXPORT RESTRICTIONS. VR CONTENT ON THE SERVICE MAY BE SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO YOUR DISTRIBUTION OR USE OF VR CONTENT. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, USERS AND END USE.
    6. The rights granted in this Agreement may not be assigned or transferred by either you or WEARVR without the prior written approval of the other party. Neither you nor WEARVR shall be permitted to delegate their responsibilities or obligations under this Agreement without the prior written approval of the other party. Any other attempt to assign is void. If you experience a change of control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) you will give written notice to WEARVR within 30 days after the change of control; and (b) WEARVR may immediately terminate this Agreement any time between the change of control and 30 days after it receives that written notice.
    7. All claims arising out of or relating to this Agreement or your relationship with WEARVR under this Agreement, shall be governed by the laws of the State of Georgia excluding Georgia’s conflict of laws provisions. You and WEARVR further agree to submit to the exclusive jurisdiction of the federal or state courts located within Fulton County, Georgia to resolve any legal matter arising from or relating to this Agreement or your relationship with WEARVR under this Agreement, except that you agree that WEARVR shall be allowed to apply for injunctive relief in any jurisdiction.
    8. The obligations in Sections 5, 6.1 (solely as necessary to permit WEARVR to effectuate Section 3.8), 7, 11, 12, 13, and 15 will survive any expiration or termination of this Agreement.