TERMS OF SERVICE

Effective Date: November 20, 2024

Hi! We’re excited that you’ve decided to play POPULATION: ONE! Before you start, please take some time to read these Terms of Service (the “Terms”). These Terms govern your use of our website located at https://bigboxvr.com/ (“Site”), our virtual reality game, POPULATION: ONE (“Game”) and our services accessible via our Site and Game. These Terms form an agreement between you and Meta Platforms, Inc., if you reside outside of the European Region, or you and Meta Platforms Technologies Ireland Limited, if you reside in the European Region (“Meta” or “we” or “us” or “our”). To make these Terms easier to read, the Site, our Game and our services are collectively called the “Services.” By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. Please refer to our privacy policy (“Privacy Policy”) for information on how we collect, use and disclose information from our users. Enjoy!

1. Arbitration, Class Actions, Damages and Refunds.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 13 (“GOVERNING LAW AND FORUM CHOICE) AND 14 (“DISPUTE RESOLUTION”) BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THESE TERMS ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, COPY, OR USE THE SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 5), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE.

2. Changes to Terms or Services.

We reserve the right to update these Terms at any time. Unless the changes are required by law, we will notify you (in accordance with Section 15(d)) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. You must agree to these updates to continue using the Services. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 14(h) “Effect of Changes on Arbitration,” you may not use the Services anymore. Since our Services are evolving over time we may also change or discontinue all or any part of the Services, at any time and without notice. We reserve the right to unilaterally deploy patches, updates, or upgrades to the Services.

3. Who May Use the Services and How?

(a) Eligibility. The Services are for users who are 13 years (or 14 years if you are in Korea, Quebec, or Spain) or older.

If you are under the legal age of majority in the jurisdiction in which you reside, you may only use the Services with the supervision of your parent or legal guardian who agrees to be bound by these Terms, and acknowledges that you have reviewed the Terms with them so that you both understand all of your rights and obligations.

(b) Game Platforms. You are accessing our Game through certain software providers which may also act as a download agent, which includes, but is not limited to, platforms like Steam and Meta Quest (“Game Platforms”). To access, purchase or download our Game through a Game Platform, you must create an account with that Game Platform (a “Gaming Account”) and acknowledge and agree that the Game Platform’s terms and conditions may apply to your use of the Game Platform, your Gaming Account, and your use of our Services through the Game Platform. In the event of any conflict between any Game Platform’s terms and conditions and these Terms, these Terms will take priority.

(c) Your Account. When you access our Services through a Game Platform, we will receive certain information about you from your Gaming Account, as described in our Privacy Policy. We may use this information to create an account for your use of our Services, which you may supplement with additional information through the functionality of the Services (an “Account”).

(d) Accuracy of Account Information. It’s important that you ensure that your Account information is accurate, complete and up-to-date, including by updating the relevant information through your Gaming Account. If you don’t, we may suspend or terminate your Account.

4. POPULATION: ONE Content.

(a) POPULATION: ONE Content. For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Meta and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.

(b) In-Game Content. We may offer certain upgrades, add-ons, features, and other options, or in-game currency, within and via the Services (“In-Game Content”). In-Game Content may include, for example, virtual currency, character skins, weapons or other gear for your character, experience boosts, or other items that may improve your in-game experience. In-Game Content may also include access to quests or challenges that allow you to unlock additional rewards. We may offer access to In-Game Content as part of a special event or “season,” and these special events and seasons may be subject to additional terms and conditions. You may purchase access to certain In-Game Content, or receive access to In-Game Content in connection with a purchase, as described below in Section 5. You may also be able to obtain certain In-Game Content without purchase, such as through an event or through gameplay. All In-Game Content is POPULATION: ONE Content, and any In-Game Content you access or use through our Services remains the property of Meta. In-Game Content has no monetary value and is not redeemable or refundable for any “real world” money or anything of monetary value. You cannot transfer, sell, or exchange In-Game Content.

Your access to and use of In-Game Content is subject to the license terms and restriction set forth in these Terms, and we may revoke your license to such In-Game Content at any time consistent with these Terms with no liability to you. Additional restrictions may apply to your use of In-Game Content, including any restrictions related to the functionality of the Game or that may be communicated to you separately via the Game or our other Services. To the extent allowed by law, we may in our sole discretion modify, substitute, replace, suspend, cancel or eliminate any In-Game Content, including your ability to access or use In-Game Content, without notice or liability to you.

(c) User Content. The Services may include interactive features and areas where you may create, share, post, stream, or upload content on or in connection with the Services (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. If you use content covered by intellectual property rights that we have made available through the Services (for example, images, designs, videos, or sounds), we retain all rights to that content (but not your User Content). You are solely responsible for the User Content you make available through the Services and you represent and warrant that: (a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents, and releases that are necessary to grant to us the rights specified in this Section 4; (b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; (c) your User Content does not violate the Code of Conduct for Virtual Experiences, POPULATION: ONE Code of Conduct and Sandbox Community Guidelines, or any other terms or policies provided in connection with the Services, regardless of the Game Platform from which you are accessing the Services; and (d) your User Content does not include any Open Source Components. The term “Open Source Components” means any software component that is subject to any open source copyright license agreement, including software available under the GNU Affero General Public License (AGPL), GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Apache License, BSD licenses, or any other license that is approved by the Open Source Initiative.

(i) License. To the fullest extent permitted by applicable laws, when you create, share, post, or upload content on or in connection with the Services, including but not limited to when you use the Game’s map editor tool, you hereby grant us a perpetual, non-revocable, non-exclusive, transferable, sub-licensable, royalty-free, fully paid-up, worldwide right and license to host, use, interact with, supplement, manipulate, distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of your content in any and all media or technology whether now or hereafter known, for any purpose, in Meta’s sole discretion, including without limitation for providing and improving the Services, analytics, and other internal business purposes. This means, for example, that if you create or upload User Content to the Services, you give us permission to store, copy, and share it with others. Except as provided in Section 4(c)(ii), this license will end when your content is deleted from our systems. You also agree that Meta will be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation, notice, or attribution. The scope and substance of the license are not intended to exceed the extent permitted by applicable laws. Nothing contained herein obligates Meta to make use of any User Content or any of the rights granted, and each person granting such rights under this provision waives any right to inspect or approve any such use. You also agree that other users may interact with, supplement, manipulate, and modify (in whole or in part) any content, including User Content, uploaded to, created in, or otherwise incorporated into the Services. To the fullest extent permitted by law, you hereby waive and agree to waive, and 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, including User Content. These rights may include, for example, the right to be identified as the author of a written work, and the right to object to any unfair treatment of a written work.

(ii) Permissions upon Account Deletion. Subject to the terms of the Privacy Policy, content that you create in, modify in, or upload to the Services in accordance with these Terms, including User Content, may continue to exist on our systems and in the Services even after you have deleted your account. When you delete your account, others with whom you have already shared your User Content may continue to use that User Content in accordance with this license until they have deleted it. You therefore agree that the license you grant to us to use your User Content under these Terms, along with consents and permissions given in relation to that content, will not expire and will continue even after you delete your account.

(iii) Content Removal. You are responsible for the content you create alone and/or together with others. Do not make objectionable content available on or through the Services that encourages or enables cheating or violates the Meta Quest Code of Conduct for Virtual Experiences, Population: One Code of Conduct and Sandbox Community Guidelines, or other applicable terms and policies. In addition, you may not create currencies, crypto currencies, stocks, banks, stock exchanges, or similar financial instruments with any “real world” monetary value. We, at our sole discretion, may remove, delete, move, disable, modify, or restrict access to content, including User Content, that we determine violates our terms and policies, including content that infringes intellectual property rights (such as by infringing another’s copyright or trademark rights, or distributing or selling counterfeit or pirated goods). Meta is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users. We encourage you to report content or conduct that you believe violates your rights or our terms and policies (via the in-game reporting tools) or by clicking here. If you believe that anything on or available through the Services infringes any intellectual property rights you own or control, you may submit a notification of such infringement by following the instructions in our Help Center.

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

(d) License Keys. We may offer for purchase or otherwise make available unique keys that you can use to access our Game through a Game Platform (a “License Key”). License Keys are personal to you, and may not be transferred or sold. If we reasonably believe that you have engaged in fraud or otherwise violated these Terms, we may disable a License Key, or otherwise revoke your rights to use our Game in connection with a License Key. License Keys are not redeemable for money or anything with monetary value.

(e) Rights in Content Granted by Meta. Subject to your compliance with these Terms, Meta grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, (i) to access and view the Content (including any In-Game Content you have purchased or otherwise obtained access to in accordance with these Terms); (ii) if you have a valid License Key to use a Game, or you have purchased a Game through a Game Platform, to download and install that Game on a computer you own or control; in each case of (i) and (ii) solely in connection with your permitted use of the Services. Except as expressly permitted in these Terms, you may not: (w) copy, modify or create derivative works based on the Services; (x) distribute, transfer, sublicense, lease, lend or rent our Services to any third party; (y) reverse engineer, decompile or disassemble the Services; or (z) make the functionality of the Services available to multiple users through any means. Meta reserves all rights in and to the Services, including our Game and Content, not expressly granted to you under these Terms.

5. Payments.

When you purchase access to our Game through a Game Platform, or a License Key, or In-Game Content (each, a “Transaction”), you expressly authorize the Game Platforms (or the Game Platforms’ third-party payment processors) to charge you for such Transaction. They may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You acknowledge and agree that the Game Platforms’ terms and conditions may also apply to your Transaction. When you initiate a Transaction, you authorize the Game Platforms to provide your Payment Information to third parties so they can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). SUBJECT TO YOUR RIGHTS UNDER APPLICABLE CONSUMER LAWS AND THE REFUND POLICY OF THE RELEVANT GAME PLATFORM, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PURCHASE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, the Game Platforms reserve the right to cancel your Transaction for any reason and, if they cancel your Transaction, they’ll refund any payment you have already remitted to them for such Transaction.

6. Beta Testing.

From time to time, we may offer a beta version of our Services (“Beta”). Betas are not guaranteed to work properly, and may cause malfunctions or other issues with your computer or other device or system. When you use a Beta, you acknowledge and agree to the following additional terms: (a) Meta may automatically delete or modify any software, data, Content, or other materials or information related to the Beta, including those stored on your computer, for any reason at any time; (b) Meta may discontinue or terminate your access to a Beta at any time, which would render your Beta unplayable or unable to function properly; (c) if Meta discontinues or terminates a Beta, you will delete any local instance of the Beta on your computer and all Content, data, materials and other information you received from Meta in connection with the Beta; (d) you will have no rights to any compensation based on your participation in a Beta; and (e) your participation in a Beta does not entitle you to receive access to the full commercial version of the Game or other portion of our Service, and you may be required to separately purchase the full commercial version.

7. General Prohibitions and Meta’s Enforcement Rights.

You agree not to do any of the following:

(a) use the Services for commercial purposes (such as virtual reality arcades) without Meta’s prior consent or unless specifically permitted by these Terms;

(b) engage in any conduct that we deem objectionable (i.e., cheating), violent, or discriminatory, or that may disrupt another user’s enjoyment of the Services, including by harassing other users (i.e., “trolling”);

(c) remove or bypass any measure that prevents misuse of the Services;

(d) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

(e) collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(f) violate the Meta Quest Code of Conduct for Virtual Experiences, Population: One Code of Conduct and Sandbox Community Guidelines, or other applicable terms and policies (all of which are additive to the Code of Conduct for Virtual Experiences, and to the extent of a conflict, said Code of Conduct for Virtual Experience would prevail);

(g) violate any applicable law or regulation; or

(h) encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements.

8. Links to Third Party Websites or Resources.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge that, to the maximum extent permitted by applicable law, Meta will not be responsible or liable for any harm arising from your use of any third-party websites or resources.

9. Termination.

We may terminate your access to and use of the Services if, acting reasonably: (i) we determine, at our discretion, that you have clearly, seriously or repeatedly breached these Terms, or other terms and policies that apply to your access to or use of the Services; or (ii) we believe your access to, or use of, the Services creates a health and safety risk. Upon any termination, discontinuation or cancellation of the Services or your Account, this sentence and the following Sections will survive: 4(a), 4(b), 4(c), and 10 – 15.

10. Warranty Disclaimers.

THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE FOLLOWING DISCLAIMERS MAY NOT APPLY TO YOU.

(a) Disclaimers with Respect to Our Services and Content. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

(b) Disclaimers with Respect to Third-Party Hardware. Our Services, including our Game, may require the use of third-party hardware, including headsets or sensors (e.g., HTC Vive hardware products) (“Third-Party Hardware”). You acknowledge and agree that Meta is not responsible for Third-Party Hardware, including any damages or malfunctions that arise from your use of our Services in connection with such Third-Party Hardware. You acknowledge and agree that you are solely responsible for reading any warnings or instructions provided with Third-Party Hardware, and for ensuring that your use of our Services, including our Game, complies with such instructions.

11. Indemnity.

To the maximum extent permitted by applicable law, you will indemnify, defend, and hold harmless Meta and its officers, directors, employees, agents, contractors, and other representatives from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.

12. Limitation of Liability.

THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

(a) NEITHER META NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT META OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) USE OF VIRTUAL REALITY SOFTWARE, INCLUDING OUR GAME, AND ANY THIRD-PARTY HARDWARE MAY AFFECT HEART AND BREATHING RATE, CAUSE UNINTENDED SIDE EFFECTS SUCH AS MOTION SICKNESS OR DISORIENTATION, OR AGGRAVATE PRE-EXISTING MEDICAL CONDITIONS. YOU EXPRESSLY WAIVE META’S LIABILITY FOR RISKS INHERENT IN THE USE OF VIRTUAL REALITY SOFTWARE, AND META WILL NOT BE LIABLE TO YOU FOR ANY CAUSE OF ACTION OR UNDER ANY THEORY OF LIABILITY ARISING FROM SUCH RISKS.

(c) IN NO EVENT WILL META’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO META FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO META, AS APPLICABLE.

(d) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN META AND YOU.

13. Governing Law and Forum Choice.

Except as otherwise expressly set forth in Section 14 “Dispute Resolution”, the following terms govern the appropriate jurisdiction for legal disputes and applicable law.

(a) Residents of the United States, Mexico, and Canada. Any claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) will be subject to the laws of the state of Washington, without reference to conflict of laws principles. If any court or arbitrator determines that the "class action waiver" paragraph set forth below is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you obtained or bought the Game that was subject to this Agreement. In addition, the parties irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Seattle, Washington, to resolve any claims that are subject to exceptions to the arbitration agreement described in binding arbitration and class action waiver below, or otherwise determined not to be arbitrable.

(b) Residents in the European Union or United Kingdom. The laws of the state of Washington in the United States govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you acquired and use the Game. In addition, with respect to jurisdiction, you may choose either the courts of the country in which you acquired and use the Game, or another court as applicable under the Brussels Regulation EC 44/2001.

(c) Residents in Australia, New Zealand, Japan, or Korea. The laws of the state of Washington in the United States govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you acquired and use the Game (being either Australia, New Zealand, Japan, or Korea). To the extent permitted by applicable law, you agree to the jurisdiction of the courts of Seattle, Washington.

(d) Residents in the Rest of the World. If you acquired or use this Game from or in countries other than those listed above, then you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold us harmless from any and all claims, loss, injury, damage, or costs arising from your use of the Game to the fullest extent permitted by applicable law. No warranty or representation is made by us that the Game or any use of the Game outside of the countries listed above complies with any applicable local law. Further, your use of the Game and all claims arising out of or related to the Game or this Agreement will, to the extent permitted under applicable law, be subject to the laws of the state of Washington in the United States, without reference to conflict of laws principles and you consent to the jurisdiction of the courts Seattle, Washington.

(e) To the extent permitted by applicable law, if any user outside of the United States is entitled to commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by the binding arbitration and class action waiver provisions above.

14. Dispute Resolution.

PLEASE NOTE THAT IN SOME JURISDICTIONS THE PROVISIONS INCLUDED IN THIS SECTION 14 RELATING TO ARBITRATION AND CLASS ACTION ARE PROHIBITED OR VOID. SUCH PROVISIONS IN SECTION 14 WILL NOT THEREFORE BE BINDING ON YOU IN CIRCUMSTANCES WHERE THEY ARE PROHIBITED OR VOID IN THE JURISDICTION IN WHICH YOU ARE RESIDENT. IN SUCH CIRCUMSTANCES, WHERE YOU HAVE A LEGAL RIGHT TO DO SO, YOU MAY BRING A CLAIM TO ENFORCE YOUR CONSUMER RIGHTS IN CONNECTION WITH OUR AGREEMENT BEFORE THE COURTS OF YOUR RESIDENT COUNTRY.

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy (including any and all non-contractual, tort, statutory, or common law claims) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Meta agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Meta are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

This mandatory arbitration provision applies to you if you are domiciled in and/or acquired and use the Game in the United States. These provisions may also apply to you if you are domiciled in and/or acquired and use the Game from outside the United States, but may apply in a different way. See Section 13 “Governing Law and Forum Choice” above for detail.

(b) Location of Arbitration. Arbitration will take place in-person in Seattle, Washington or by remote video hearing or such other location as required by the American Arbitration Association policy on Consumer Due Process Protocol Statement of Principles.

(c) Exceptions. As limited exceptions to Section 14(a) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of intellectual property rights.

(d) Opt-out: You have the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so within thirty (30) days following the date you first agree to these Terms by sending written notice of your decision to opt-out to the following address:

Meta Platforms, Inc.

Attn: POPULATION: ONE Opt-out

1601 Willow Road

Menlo Park, CA 94025

Seattle, WA 98122

(e) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Before you or Meta commence arbitration of a claim, the claimant must provide the other party with a written Notice of Dispute that includes your username, the claimant’s name and contact information, a detailed description of the dispute, the specific relief sought, and the claimant’s signature. If you send the Notice, it also must include your residence address (and mailing address if different), the email address and mobile phone number you use with your account, and if you are represented by an attorney, a signed statement authorizing Meta to discuss your account and share your confidential account information with your attorney. Any Notice of Dispute you send to Meta should be mailed to Meta Platforms, Inc., ATTN: MPT Arbitration Filing, 1601 Willow Road, Menlo Park, CA 94025 (“Notice Address”). Before Meta commences arbitration, Meta will send you a Notice of Dispute to the email address you use with your account or by other appropriate means.

If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(f) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(g) Class Action Waiver. YOU AND META AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

This class action waiver provision applies to you if you are domiciled in and/or acquired and use the Game in the United States of America. These provisions may also apply to you if you are domiciled in and/or acquired and use the Game from outside the United States, but may apply in a different way. See Section 13 “Governing Law and Forum Choice” above for details.

(h) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 1 “Changes to Terms or Services” above, if Meta changes any of the terms of this Section 14 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Meta’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Meta in accordance with the terms of this Section 14 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

(i) Severability. With the exception of any of the provisions in Section 14(g) of these Terms (“Class Action Waiver“), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

15. General Terms.

(a) Entire Agreement. These Terms and any other document referred to in these Terms constitute the entire agreement between Meta and you regarding the Services and Content. These Terms supersede and replace any and all prior oral or written understandings or agreements between Meta and you regarding the Services and Content.

(b) Severability. Subject to any relevant legal obligations regarding the provision of information for any products or services you purchase from us (including the contractual status of such information under relevant consumer laws in place in your country of residence) and to the fullest extent permitted by applicable law, the provisions of these Terms will be interpreted to the maximum extent possible. Unless otherwise stipulated under applicable law, if any of the provisions in these Terms are held unenforceable, the remaining provisions will not be affected.

(c) No assignment. You may not assign or transfer these Terms to another person.

(d) Notices. Any notices or other communications provided by Meta under these Terms, including those regarding modifications to these Terms, will be given (at our sole discretion): (i) via email; (ii) within the Game itself, or (iii) by posting on our Site.

(e) No Waiver. Both parties’ actions and / or inactions will not create any other rights under these Terms except as what is explicitly written in these Terms. Meta’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Meta. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.