LAST UPDATED
: June 3, 2011
ELECTRONIC ARTS TERMS OF SERVICE
These Terms of Service and all supplemental terms, as amended from time
to time, govern your use of any online or mobile product or service to
which you have access ("
EA Services
") offered by Electronic Arts or any of its subsidiaries and affiliates
(collectively, "
EA
") for PC, game system or mobile device. If you reside in the
United States, Ca
nada or Japan, these terms are an agreement between you and Electronic
Arts Inc. If you reside in any other country, then these terms are
an agreement between you and Electronic Arts Swiss Sąrl. If
additional terms and/or agreements apply to the EA Service(s) used by
you, those additional terms and/or agreements govern your use of EA
Services as well.
These Terms of Service form a legally binding contract between you and
EA. By using EA Services, you affirm that you are at least 18
years of age (or have reached the age of majority if that is not 18
years of age where you live) or that you have reviewed this Agreement
with your parent or guardian and he or she assents to these Terms of
Service on your behalf and takes full responsibility for your compliance
with them. You agree that you and/or your parent or guardian are
fully able and competent to enter into the terms, conditions,
obligations, representations and responsibilities set forth in these
Terms of Service, and to abide and comply with these Terms of Service.
You agree to check
terms.ea.com
periodically for new information and terms that govern your use of EA
Services. EA may modify the Terms of Service at any time.
Revisions to terms affecting existing EA Services shall be effective
thirty (30) days after posting at
terms.ea.com
. Terms for new EA Services are effective immediately upon posting
at
terms.ea.com
.
Table of Contents
1. EA Account (Also Known As An Origin Account)
2. Content
3. Entitlements
4. Use and Expiration of Content and
Entitlements/General License Restrictions
5. Content and Entitlement Availability
6. Contributing Third Party Content to EA Services
7. Contributing Your Own Content to EA Services;
License Grant to EA and Others
8. Paid Services
9. Termination of EA Services and Accounts
10. Cancellation of your Account
11. Rules of Conduct
12. Services Not Controlled By EA
13. Software, Utilities and Tools
14. Export Control Laws
15. Updates to EA Services
16. Limitations on Warranty and Liability
17. Indemnification
18. Links to Third-Party Sites
19. General Terms
20. Entire Agreement
21. Notice to California Residents
22. Supplemental Terms
1.
EA Account (Also Known As An Origin
Account)
An EA Account (also known as an Origin Account) ("
Account
") may be required to access and use some EA Services. If you have
questions about Account registration, please contact us by visiting
support.ea.com
.
To create an Account, you must have an email address, and provide
truthful and accurate information. You must be eligible to use the
EA Service for which you are registering. In addition, some EA
Services may require creation of a "user name" or a "persona" to
represent you in game and online. User names and personas are tied
to your Account. You may not use a user name or persona that is
used by someone else, is vulgar or offensive, or otherwise violates the
Terms of Service.
You are solely responsible for all activity on your Account. Your
Account may be terminated if someone else uses it to engage in activity
that violates the Terms of Service or is otherwise improper or
illegal. You should not reveal your Account password to
others. EA will not ask you to reveal your password, or initiate
contact with you asking for answers to your password security questions.
2.
Content
"Content" on EA Services includes software, technology, text, forum
posts, chat posts, profiles, widgets, messages, links, emails, music,
sound, graphics, pictures, video, code, and all audio visual or other
material appearing on or emanating to and/or from EA Services, as well
as the design and appearance of our websites. All Content--with
the exception of third party content discussed below in Section 6, is
owned by EA or its affiliates, subsidiaries, licensors or
suppliers. Content includes user-generated Content ("UGC").
EA Content and UGC collectively shall be referred to as "Content."
EA does not pre-screen all UGC and does not endorse, approve, or
prescreen any UGC that you and other users may contribute to EA
Services. You bear the entire risk of the completeness, accuracy
or usefulness of Content found on EA Services.
EA reserves the right (but has no obligation) to remove, block, edit,
move or disable UGC that is objectionable to us for any reason.
The decision to remove UGC or other Content at any time is in EA's sole
and final discretion. To the maximum extent permitted by
applicable law, EA does not assume any responsibility or liability for
UGC or for any failure to or delay in removing UGC or other
Content.
You are solely responsible for your UGC and may be held liable for UGC
that you post.
3.
Entitlements
"Entitlements" are licensed rights granted, awarded, provided and/or
purchased by you to access and/or use online or off-line elements or
features of EA Services and/or products. Entitlements include but
are not limited to paid and free downloadable content, unlockable
content, digital and/or virtual assets, rights of use tied to unlock
keys or codes, serial codes and/or online authentication of any kind,
in-game achievements and virtual or fictional currency not otherwise
governed by a Digital Services Agreement.
4.
Use and Expiration of Content and
Entitlements/General License Restrictions
EA grants you a personal, limited, non-exclusive license to use Content
and Entitlements to which you have access for your personal, private,
non-commercial, non-transferable, limited uses solely as set forth
herein and as set forth in any additional documentation and/or
agreements applicable to the EA Services accessed by you. Content
and Entitlements and all other intellectual property rights in or on EA
Services as well as the products and services offered through EA
Services, are owned by EA or EA's third party licensors and is protected
by United States and International copyright, trade dress, patent, and
trademark laws, international conventions, and other laws protecting
intellectual property and related proprietary rights. You may not copy
or download any Content and/or Entitlements from an EA Service unless
you are expressly authorized to do so. In addition, unless
expressly authorized by EA, you may not distribute, publicly perform or
display, lease, sell, transmit, transfer, publish, edit, copy, create
derivative works from, rent, sub-license, distribute, decompile,
disassemble, reverse engineer or otherwise make unauthorized use of
Content or Entitlements. Any commercial use is prohibited.
You agree not to remove, obscure, or alter copyright, patent, trademark,
or other proprietary rights notices affixed to Content. Your
rights are subject to your compliance with these Terms of Service as
well as any other agreements applicable to the EA Services you are
using.
EA reserves all right, title and interest in Content, Entitlements and
all associated copyrights, trademarks, and other intellectual property
rights therein that are not expressly granted to you in these Terms of
Service. Your permitted use of Content and Entitlements described
above is limited by the intellectual property rights of EA and does not
include any rights to other patents or intellectual property.
Making unauthorized copies or distribution of Content and/or
Entitlements found on EA Services may result in the termination of your
Account(s), prohibition on use of EA Services, and further legal
action. Content and/or Entitlement owners may take criminal or
civil action against you for unauthorized use of intellectual property.
You agree to indemnify and hold harmless EA from any unauthorized or
illegal conduct by you, or through the use of your Account, on EA
Services.
5.
Content and Entitlement Availability
Entitlements may only be held in Accounts belonging to legal residents
of countries where access to and use of Content and Entitlements is
permitted. Entitlements may be purchased or acquired only from EA
or an authorized retailer. EA reserves the right to refuse your
request(s) to acquire Entitlements, and EA reserves the right to limit
or block any request to acquire Entitlements for any reason.
We do not guarantee that any Content or Entitlement will be available at
all times or at any given time or that we will continue to offer
particular Content or Entitlements for any particular length of time. We
reserve the right to change and update Content and Entitlements without
notice to you. If you have not used your Entitlements or Account
for twenty four (24) months or more and your Account has associated
Entitlements, your Entitlements will expire and your Account may be
cancelled for non-use. Once you have redeemed your Entitlements,
that content is not returnable, exchangeable, or refundable for other
Entitlements or for cash, or other goods or services.
6.
Contributing Third Party Content to EA
Services
EA respects the intellectual property rights of others. You must
have the legal right to upload Content to EA Services. You may not
upload or post any Content on EA Services that infringes the copyright,
trademark or other intellectual property rights of a third party nor may
you upload Content that violates any third party's right of privacy or
right of publicity. You may upload only Content that you are
permitted to upload by the owner or by law. EA may, without prior notice
to you and in its sole judgment, remove Content that may infringe the
intellectual property or other rights of a third party. If you are
a repeat infringer of EA's or a third party's intellectual property or
other rights, EA may terminate your Account without notice to you.
If your Account(s) are terminated, you are not entitled to a refund for
any fees you have paid, and you will lose access to Entitlements
associated with your Account.
7.
Contributing UGC to EA Services;
License Grant to EA and Others
When you contribute UGC to an EA Service, you expressly grant to EA a
non-exclusive, perpetual, worldwide, complete, sub-licensable and
irrevocable right to quote, re-post, publish, use, adapt, translate,
archive, store, reproduce, modify, create derivative works from,
syndicate, license, print, sublicense, distribute, transmit, broadcast,
and otherwise communicate, and publicly display and perform the UGC, or
any portion thereof, in any manner or form and in any medium or forum,
whether now known or hereafter devised, without notice, payment or
attribution of any kind to you or any third party. You grant EA
all licenses, consents and clearances to enable EA to use such UGC for
such purposes. You waive and agree not to assert any moral or
similar rights you may have in such UGC.
If the EA Service on which you contribute UGC permits other users to
access and use that UGC as part of the EA Service, then you also grant
all other users of the relevant EA Service the right to use, copy,
modify, display, perform, create derivative works from, and otherwise
communicate and distribute your UGC on or through the relevant EA
Service without further notice, attribution or compensation to you.
8.
Paid Services
Some EA Services require payment of a fee. You must have an
Account and pay the subscription or other fees to participate in these
activities. For information about subscription and other fees for
particular services, visit
support.ea.com
.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT
REFUNDABLE IN WHOLE OR IN PART
.
EA reserves the right to change our fees or billing methods at any
time. If you pay a periodic (e.g. monthly) subscription for an EA
Service, EA will provide you with notice of any changes to the fees or
billing methods at least thirty (30) days in advance by posting such
changes on the EA Service. You are responsible for reviewing the
EA Service to obtain timely notice of such changes. Your continued
use of the EA Service thirty (30) days or more after posting of the
changes means that you accept such changes. If any change is
unacceptable to you, you may cancel your subscription at any time, but
EA will not refund any fees that may have accrued to your Account before
cancellation of your subscription, and we will not prorate fees for any
subscription. If your use of EA Services is subject to use or
sales tax, then EA may also charge you for any such taxes, in addition
to the subscription or other fees. For further information, visit
support.ea.com
.
A. Payment
Options. You may pay fees using the methods available for
the particular EA Service and you agree to the terms and conditions
applicable to each payment method you choose. Payment methods may
vary by EA Service. When you provide credit card or other payment
information to EA, you represent to EA that you are the authorized user
of the credit card or other payment method. By agreeing to this
Terms of Service, you have agreed to permit EA to automatically renew
your subscription to an EA Service by charging a valid credit card
number which you have provided to EA. Your subscription will be
automatically renewed thirty (30) days prior to the expiration of the
term and each anniversary thereafter for a fee no greater than EA's
then-current price, excluding any promotional and discount pricing,
unless you cancel your subscription. You must provide current,
complete, and accurate information for your billing account. You
must promptly update all information to keep your billing account
current, complete, and accurate (such as a change in billing address,
credit card number, or credit card expiration date), and you must
promptly notify EA if your credit card is canceled (for example, for
loss or theft). Changes to such information can be made by
contacting Customer Service at support.ea.com.
If you fail to provide EA any of the foregoing information, you agree
that EA may continue charging you for any subscription automatically
renewed unless you cancel your subscription at least thirty (30) days
prior to the expiration of the subscription. EA reserves the right
to utilize third party credit card updating services to obtain current
expiration dates on credit cards provided by you to EA. Customers
who use a payment method other than credit card may incur an additional
payment processing fee, and may not be able to automatically renew
subscriptions. For further information, visit support.ea.com.
As the Account holder, you are responsible for all charges incurred,
including applicable taxes, and all purchases made by you or anyone that
uses your Account, including your family or friends.
B. Trial Subscriptions.
For some EA Services, EA may offer a free trial subscription. If
you accept a free trial subscription, EA will begin to bill your Account
for that EA Service when the free trial subscription expires, unless you
cancel your subscription before that time. You are always
responsible for any internet service provider, telephone, wireless and
other connection fees that you may incur when using EA Services, even
when we offer a free trial subscription. Trial subscriptions are
not transferrable.
C. Fees Charged By Third-Party Sites
and Vendors. We may provide links to other web sites.
Some of these web sites may charge separate fees, which are not included
in any subscription or other fees that you may pay to EA. Any
separate charges or obligations that you incur in your dealings with
third parties are your responsibility.
9.
Termination of EA Services, Accounts
and Entitlements
EA may terminate access to any PC or
mobile products and/or EA Services at any time by giving you notice of
such termination within the time period specified when you joined the
particular EA Service, or if no time period for notice of termination
was specified, then within thirty (30) days of the date such notice is
posted on the applicable product or EA Service or on
http://www.ea.com/2/service-updates
.
EA may also terminate your Account(s) (and access to all related
Entitlements) for violation of this Terms of Service, illegal or
improper use of your Account, or illegal or improper use of EA Services,
Content, Entitlement, products, or EA's Intellectual Property as
determined by EA in its sole discretion. You may lose your user
name and persona as a result of Account termination. If you have
more than one (1) Account, EA may terminate all of your Accounts and all
related Entitlements. In response to a violation of these Terms of
Service or any other agreement applicable to EA Services accessed by
you, EA may issue you a warning, suspend your Account, selectively
remove, revoke or garnish Entitlements associated with your Account or
immediately terminate any and all Accounts that you have
established. You acknowledge that EA is not required to provide
you notice before suspending or terminating your Account or selectively
removing, revoking or garnishing Entitlements associated with your
Account. If EA terminates your Account, you may not participate in
an EA Service again without EA's express permission. EA reserves
the right to refuse to keep Accounts for, and provide EA Services to,
any individual. You may not allow individuals whose Accounts have
been terminated by EA to use your Account.
If your Account, or a particular subscription for an EA Service
associated with your Account, is terminated, suspended and/or if any
Entitlements are selectively removed, revoked or garnished from your
Account, no refund will be granted, no Entitlements will be credited to
you or converted to cash or other forms of reimbursement, and you will
have no further access to your Account or Entitlements associated with
your Account or the particular EA Service. If you believe that any
action has been taken against your Account in error, please contact
Customer Support at
support.ea.com
.
10.
Cancellation of your Account
You have the right to cancel your Account or a particular subscription
to an EA Service at any time. If you do not agree to the terms in
this Terms of Service, your sole remedy is to not use EA Services and to
cancel your Account or applicable subscriptions. You understand
and agree that the cancellation of your Account or a particular
subscription is your sole right and remedy with respect to any dispute
with EA, including any dispute related to, or arising out of: (1) any
term of this Terms of Service or EA's enforcement or application of this
Terms of Service; (2) the Content and Entitlements available through EA
Services or any change in Content or Entitlements provided through EA
Services; (3) your ability to access and/or use EA Services and/or any
Content or Entitlements thereon; or (4) the amount or type of fees,
surcharges, applicable taxes, billing methods, or any change to the
fees, applicable taxes, surcharges or billing methods for EA Services
and/or any Content or Entitlements thereon.
Contact EA's Customer Service Department at
support.ea.com
to cancel your Account. EA reserves the right to collect fees,
surcharges or costs incurred before you cancel your Account or a
subscription to an EA Service. You are also responsible for any
amounts owed to third-party vendors or content providers before your
cancellation. Any delinquent or unpaid fees and other unresolved
issues with EA Services must be settled before you establish a new
Account.
11.
Rules of Conduct
You may violate the Terms of Service if, as determined by EA in its sole
discretion, you:
- Post, transmit, promote, or distribute
Content that is illegal.
- Harass, threaten, embarrass, spam or do anything else to another
player that is unwanted, such as repeatedly sending unwanted messages or
making personal attacks or statements about race, sexual orientation,
religion, heritage, etc.
- Transmit or facilitate distribution of Content that is harmful,
abusive, hateful, racially offensive, obscene, threatening, bullying,
vulgar, sexually explicit, defamatory, infringing, invasive of personal
privacy or publicity rights, encourages conduct that would violate a law
or in a reasonable person's view, objectionable and/or
inappropriate. Hate speech is not tolerated.
- Use abusive, offensive, or defamatory screen names and/or personas.
- Disrupt the flow of chat in chat rooms with vulgar language,
abusiveness, hitting the return key repeatedly or inputting large images
so the screen goes by too fast to read, use of excessive shouting [all
caps] in an attempt to disturb other users, "spamming" or flooding
[posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely
that you are an EA employee or a representative of EA, or attempt to
mislead users by indicating that you represent EA or any of EA's
partners or affiliates.
- Attempt to get a password, account information, or other private
information from anyone else on EA Services.
- Upload any software or Content that you do not own or have permission
to freely distribute.
- Violate any additional Rules of Conduct applicable to a specific EA
Service that you are using.
- Promote, encourage or take part in any activity involving hacking,
cracking, phishing, taking advantage of exploits or cheats and/or
distribution of counterfeit software and/or virtual currency/items.
- Upload files that contain a virus, worm, spyware, time bombs,
corrupted data or other computer programs that may damage, interfere
with or disrupt EA Services.
- Post messages for any purpose other than personal communication,
including advertising or promotional messaging, chain letters, pyramid
schemes, or other commercial activities.
- Improperly use in-game support or complaint buttons or make false
reports to EA staff.
- Use or distribute unauthorized "auto" software programs, "macro"
software programs or other "cheat utility" software program or
applications.
- Modify or attempt to modify any part of the EA Service that EA does
not specifically authorize you to modify.
- Post or communicate any person's real-world personal information using
an EA Service.
- Attempt to interfere with, hack into or decipher any transmissions to
or from the servers for an EA Service.
- Use and communicate exploits and/or cheats.
- Attempt to use EA Software on or through any service that is not
controlled or authorized by Electronic Arts. Any such use is at
your own risk and may subject you to additional or different
terms. EA takes no responsibility for your use of EA Software on
or through any service that is not controlled by Electronic Arts.
- Interfere with the ability of others to enjoy playing an EA Service or
take actions that interfere with or materially increase the cost to
provide an EA Service for the enjoyment of all its users.
- Unless expressly authorized by EA, you may not sell, buy, trade or
otherwise transfer your Account or any personal access to EA Services,
Content or Entitlements, including by use of auction websites.
- You may not conduct any activities that violate the laws of any
jurisdiction including but not limited to copyright infringement,
trademark infringement, defamation, invasion of privacy, identity theft,
hacking, stalking, fraud and the distribution of counterfeit software.
Specific EA Services may also post additional rules that apply to your
conduct on those services.
You must also obey all federal, state, and local laws, regulations and
rules that apply to your activities when you use EA Services. EA
reserves the right to terminate your Account and to prevent your use of
any and all EA Services if your Account is used to engage in illegal
activity or to violate this Terms of Service.
Unless otherwise specified and except for EA Services directed to
children under the age of thirteen (13), there is no requirement or
expectation that EA will monitor or record any online activity on EA
Services, including communications. However, EA reserves the right
to monitor and/or record any online activity on EA Services and you give
EA your express consent to monitor and record your activities. EA
reserves the right to remove any content from any EA Service at EA's
sole discretion. EA has no liability for your or any third party's
violation of this Agreement.
If you encounter another user who is violating any of the Rules of
Conduct, please report this activity to EA using the "Help" or "Report
Abuse" functions in the relevant EA Service.
12.
Services Not Controlled By EA
Some products may give you the option of using EA Software on or through
a service that is not controlled by EA. For example, you may be
given the option to play EA Software online on servers not owned or
controlled by EA. EA takes no responsibility for your use of EA
Software on or through any such service and otherwise has no control
over how those services are offered, administered or operated. Any
such use of non-EA controlled services is at your own risk and may
subject you to additional or different terms and restrictions by the
third party running the service.
13.
Software, Utilities and Tools
EA Services may require or allow you to download software, software
updates or patches, or other utilities and tools from EA or its
licensors onto your computer, entertainment system or device ("
EA Software
"). EA grants to you a non-exclusive, limited license to use EA
Software solely for the purpose stated by EA at the time the EA Software
is made available to you. If an End User License Agreement or End
User Access And License Agreement is provided with the EA Software, your
use of the EA Software is subject to the terms of that license
agreement. You may not sub-license, or charge others to use or
access EA Software. You may not translate, reverse-engineer,
reverse-compile or decompile, disassemble or make derivative works from
EA Software. You may not modify EA Software or use it in any way
not expressly authorized in writing by EA. You understand that
EA's introduction of various technologies may not be consistent across
all platforms and that the performance of EA Software and related EA
Services may vary depending on your computer and other equipment.
From time to time, Electronic Arts may provide you with updates or
modifications to EA Software. You understand that certain updates
and modifications may be required in order to continue use the EA
Software and EA Services.
14.
Export Control Laws
EA Software may be subject to United States export controls, and export
controls of other jurisdictions. By downloading EA Software from
EA, you warrant that you are not located in any country, or exporting EA
Software to any person or place, to which the United States, the
European Union, or any other jurisdiction has embargoed goods.
You agree to abide by U.S. and other applicable export control laws and
not to transfer, by electronic transmission or otherwise, any Content or
EA Software subject to restrictions under such laws to a national
destination prohibited by such laws, without first obtaining, and then
complying with, any requisite government authorization. You
further agree not to upload to EA Services any data or software that
cannot be exported without prior written government authorization,
including, but not limited to, certain types of encryption
software. The assurances and commitments in this Section shall
survive termination of this Agreement.
15.
Updates to EA Services
IMPORTANT: EA MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN
PARAMETERS TO BALANCE GAME PLAY AND USAGE OF EA SERVICES. THESE
UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME
WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS
UNDER YOUR CONTROL. EA RESERVES THE RIGHT TO MAKE THESE UPDATES
AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
16.
Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE
THAT THE USE OF EA SERVICES, EA SOFTWARE, AND THE INTERNET IS AT YOUR
SOLE RISK. EA SERVICES, EA SOFTWARE, EA PRODUCTS AND THIRD-PARTY
SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY,
AVAILABILITY OR PERFORMANCE OF EA SOFTWARE OR EA SERVICES. EA DOES
NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT,
ENTITLEMENTS, GOODS OR SERVICES. EA PROVIDES EA SERVICES ON A
COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE
ABLE TO ACCESS OR USE EA SERVICES AT TIMES OR LOCATIONS OF YOUR
CHOOSING, OR THAT EA WILL HAVE ADEQUATE CAPACITY FOR EA SERVICES AS A
WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND
AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EA OR ITS
LICENSORS ARISING OUT OF OR RELATING TO EA SERVICES AND/OR EA PRODUCTS
IS TO STOP USING EA SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU
ACKNOWLEDGE AND AGREE THAT EA, ITS LICENSORS, LICENSEES AND AFFILIATES
ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON
REGARDING CONDUCT, COMMUNICATION OR CONTENT ON EA SERVICES OR USE OF EA
SOFTWARE. IN NO CASE SHALL EA'S OR ITS LICENSORS', LICENSEES',
AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "
EA AFFILIATES
") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EA FOR EA
SERVICES. IN NO CASE SHALL EA OR EA AFFILIATES BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF EA
SERVICES, EA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN
ANY WAY TO YOUR USE OF EA SERVICES OR ACCOUNTS. EA ASSUMES NO
LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE,
AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND
HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY EA SERVICE,
CONTENT, EA SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, EA'S AND EA AFFILIATES' LIABILITY SHALL BE
LIMITED TO THE FULL EXTENT PERMITTED BY LAW. EA DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH
EA AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
17.
Indemnification
Upon EA's request, you agree to defend, indemnify and hold harmless EA
and EA Affiliates, contractors, vendors, and content providers from all
liabilities, claims and expenses, including attorneys' fees, that arise
from or relate to a breach of these Terms of Service for which you are
responsible or in connection with your distribution of any Content on or
through EA Services. Without limiting the generality of the
foregoing, you agree to indemnify and hold EA harmless for any improper
or illegal use of your Account, including the illegal or improper use of
your Account by someone to whom you have given permission to use your
Account. You agree that you will be personally responsible for
your use of EA Services and for all of your communication and activity
on EA Services, including any Content you contribute, and that you will
indemnify and hold harmless EA and EA Affiliates from any liability or
damages arising from your conduct on EA Services, including any Content
that you contribute.
EA reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you. In that event, you shall have no further obligation to
provide indemnification to EA in that matter. This Section shall
survive termination of this Terms of Service.
18.
Links to Third-Party Sites
EA Services may include hyperlinks to web sites operated by third
parties including advertisers and other content providers. Those
sites may collect data or solicit personal information from you.
EA does not control such web sites, and is not responsible for their
content, privacy policies, or for the collection, use or disclosure of
any information those sites may collect.
19.
General Terms
A. Remedies.
You agree that this Terms of Service is not intended to confer and does
not confer any rights or remedies upon any person other than the parties
to this Terms of Service. You also understand and agree that this
Terms of Service, the EA Privacy Policy and the Supplemental Terms
incorporated into this Terms of Service, including EA's enforcement of
those policies, are not intended to confer, and do not confer, any
rights or remedies upon any person.
B. Severability. If any
part of this Terms of Service is held invalid or unenforceable, that
portion shall be interpreted in a manner consistent with applicable law
to reflect, as nearly as possible, the original intentions of EA, and
the remaining portions shall remain in full force and effect.
C. Waiver. The failure of
EA to exercise or enforce any right or provision of this Terms of
Service will not constitute waiver of such right or provision. Any
waiver of any provision of this Terms of Service will be effective only
if in a writing signed by EA.
D. Governing Law. If you
reside in a Member State of the European Union: (i) the laws of England,
excluding its conflicts-of-law rules, govern this Terms of Service and
your Account(s); and (ii) you expressly agree that exclusive
jurisdiction for any claim or dispute with EA or relating in any way to
your Account(s) or your use of EA Services resides in the Courts of
England and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts of England in connection with any
such dispute including any claim involving EA or its affiliates,
employees, contractors, officers, directors, vendors and content
providers. If you reside elsewhere: (i) the laws of the State of
California, excluding its conflicts-of-law rules, govern this Terms of
Service and your Account(s); and (ii) you expressly agree that exclusive
jurisdiction for any claim or dispute with EA, arising out of or
relating in any way to your Account(s) or your use of EA Services
resides in the federal and state courts within the jurisdiction of the
United States District Court for the Northern District of California,
and you further agree and expressly consent to the exercise of personal
jurisdiction in such courts in connection with any such dispute
including any claim involving EA or EA Affiliates, subsidiaries,
contractors, vendors and content providers. As noted above, your
conduct may also be subject to other local, state, national, and
international laws.
20.
Entire Agreement
The Terms of Service (including the EA Privacy Policy and other
Supplemental Terms incorporated by reference into this document) and any
posted rules or instructions regarding a particular game, activity,
contest, or sweepstakes constitute the entire agreement between you and
EA relating to your rights and obligations in the use of EA
Services. If there is any conflict between the Terms of Service
and any other rules or instructions posted on an EA Service, EA shall
resolve the conflict in its sole discretion.
21.
Special Notice to California Residents
Pursuant to Cal. Civil Code § 1789.3, please note that (a) EA is located
at 209 Redwood Shores Parkway, Redwood City, CA 94065, (b) The fees and
charges for EA Services vary depending on the services selected by you,
and (c) If you have a complaint regarding EA Services or desire further
information on use of EA Services, visit EA's Customer Support web pages
at
support.ea.com
. For complaints, you may also contact the Complaint Assistance
Unit of the Division of Consumer Services of the Department of Consumer
Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by
telephone at (916) 445-1254 or (800) 952-5210.
Bookmark
terms.ea.com
and visit this site regularly for updates to EA Terms of Service.
22.
Supplemental Terms
Additional Terms and Conditions for
Specific EA Services
Certain EA Services may require you to read and agree to terms and
conditions that are specific to that EA Service. Your right to use
that EA Service is subject to those specific terms and this Terms of
Service. If there are any inconsistencies between the specific
terms and these terms, EA will be the final and sole arbiter of any such
inconsistencies.
Beta Tests
In its sole discretion, EA may contact you to review and evaluate one or
more games, aspects of games, or online features prior to commercial
release for the purpose of identifying program errors. You will be
asked to provide to EA (and to EA only) certain feedback and suggestions
regarding your experiences while reviewing and evaluating the game(s) or
site feature(s). This process is known as a "Beta Test." You
must sign and return to EA a Pre-Release Software Confidentiality
Agreement ("Confidentiality Agreement") for each specific Beta Test
BEFORE you will be allowed to be a tester ("Tester") and BEFORE any
software will be provided or made accessible to you. Your
participation as a Tester is subject to the Confidentiality Agreement
and the following terms and conditions.
In connection with the Beta Test, EA may provide you, on a temporary
basis, a pre-release copy of a game or access to a feature on the EA
site. You understand and agree that the pre-release copy and all
other materials provided to you are confidential or proprietary
information of EA. You agree as a condition of participating in a
Beta Test to (i) not copy or reproduce the pre-release copy and
confidential or proprietary information, (ii) safeguard the pre-release
copy and confidential and proprietary information and prevent
unauthorized access to, reproduction of, disclosure of and/or
unauthorized use of, the pre-release copy and confidential and
proprietary information, and (iii) fully comply with the terms and
conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to
pre-release materials to any other person. You agree that breach
of the above obligations will cause irreparable harm to EA, and EA is
entitled to (in addition to any other remedies available to it) ex parte
injunctive relief without bond to prevent the breach or threatened
breach of your obligations. Your obligation to keep the beta games
confidential will continue until EA publicly distributes, or has
otherwise disclosed to the public through no fault of yours, each of the
games and the content that you are testing.
Upon request, you agree to immediately return to EA all copies of the
pre-release copy and confidential or proprietary information EA provided
to you.
As a Tester, you are invited to play beta games for the sole purpose of
evaluating the games and identifying errors. Nothing in these
guidelines, or on this site, shall be construed as granting you any
rights or privileges of any kind with respect to the beta games or
content that you find here. The beta games are provided for
testing on an "as is" and "as available" basis and we make no warranty
to you of any kind, express or implied.
When playing some beta games, you may accumulate treasure, experience
points, equipment, or other value or status indicators. This data
may be reset at any time during the testing process, and it may be reset
when the particular game completes a testing phase. In this case,
all player history and data will be erased and each player will return
to novice status.
By selecting a "Play" button to start a beta game, you agree that: (i)
playing beta games is at your own risk and you know that the games may
include known or unknown bugs, (ii) any value or status indicators that
you achieve through game play may be erased at any time, (iii) EA has no
obligation to make these games available for play without charge for any
period of time, nor to make them available at all, (iv) these games may
be available only by subscription once the Beta Test process is complete
or at any time in the future; (v) EA's Terms of Service apply to your
use of the games during the testing phase, and (vi) if it is a closed
beta test, you will keep all information about the beta games
confidential as stated above and not disclose such information to any
other person.
Beta Test accounts are non-transferable under any circumstances.
The Xbox LIVE® Terms of Use
The Xbox LIVE® Terms of Use continue to apply in their entirety and
govern your conduct while accessing EA Services through Xbox
LIVE®. To the extent that Xbox LIVE® Terms of Use conflict with
the EA Terms of Service, the Xbox LIVE® Terms of Use control. EA
is solely responsible for the operation and content of EA
Services. Microsoft may collect and use information about you and
your use of Xbox LIVE® while accessing EA Services through Xbox
LIVE®. Microsoft's use and collection of such information is
governed by the Xbox LIVE® Privacy Statement (available at xbox.com or
by calling 1-800-4MY-XBOX). BY ACCESSING EA SERVICES THROUGH XBOX
LIVE® YOU HEREBY AGREE THAT MICROSOFT SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND THAT YOU MAY SUFFER WHILE ACCESSING EA SERVICES
THROUGH THE XBOX LIVE® SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CAUSES
OF ACTION AND CLAIMS THAT YOU MIGHT BE ABLE TO ASSERT AGAINST MICROSOFT
ARISING OUT SUCH DAMAGES OR YOUR USE OF EA SERVICES. EA is solely
responsible for providing all customer support and billing for services
obtained through EA Services.
EA Online Service for the PlayStation®2
Computer Entertainment System
-
Statement by Sony Computer
Entertainment (North America)
"DNAS"
This Software uses "DNAS" (Dynamic Network Authentication System), a
proprietary authentication system created by Sony Computer Entertainment
Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and
software for authentication, copy protection, account blocking, system,
rules, or game management and other purposes. The information collected
does not identify the user personally and will not be shared with any
non-SCE company. A PUBLISHER CAN COMBINE THIS INFORMATION WITH
PERSONALLY IDENTIFYING INFORMATION FROM THE PUBLISHER'S RECORDS IF THE
USER PROVIDES THE PERSONALLY IDENTIFYING INFORMATION. BEFORE PROVIDING
ANY PERSONAL INFORMATION TO A PUBLISHER, PLEASE BE SURE TO REVIEW THE
PUBLISHER'S PRIVACY POLICY AND TERMS AND CONDITIONS OF USE. DO NOT
PROVIDE PERSONALLY IDENTIFYING INFORMATION TO A PUBLISHER UNLESS YOU
ACCEPT THE CONDITIONS OF USE AND TERMS OF THEIR PRIVACY POLICY.
SCEI, Sony Computer Entertainment America ("SCEA") and their affiliates
cannot guarantee the continuous operation of the "DNAS" servers. SCEA
shall not be liable for any delay or failure of the "DNAS" servers to
perform. If you receive a message during login identifying a "DNAS"
authentication error, please contact SCEA Consumer Services at
1-866-466-5333. For additional information concerning "DNAS", visit
www.us.playstation.com/DNAS. In the event of a system's incompatibility
or inoperability with DNAS, the sole liability of SCEI, SCEA and their
affiliates shall be limited to the repair or replacement of the user's
affected game software, system or peripherals at the option of SCEA.
SCEA, its parents, affiliates, or licensed Publishers shall not be
liable for any delays, system failures, authentication failures, or
system outages, which may, from time to time, affect online game play or
access thereto.
-
Statement by Sony Computer
Entertainment (Europe)
This Software uses "DNAS" (Dynamic Network Authentication System), a
proprietary authentication system created by Sony Computer Entertainment
Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and
software for authentication, copy protection, account blocking, system,
rules, or game management and other purposes. SCEI, Sony Computer
Entertainment Europe ("SCEE") and their affiliates cannot guarantee the
continuous operation of the "DNAS" servers. SCEE shall not be liable for
any delay or failure of the "DNAS" servers to perform. If you receive a
message during login identifying a "DNAS" authentication error, please
contact your local PlayStation Customer Care line on the number provided
in the software manual. For additional information concerning "DNAS",
refer to PlayStation.com. In the event of a systems incompatibility or
inoperability with DNAS, the sole liability of SCEI, SCEE and their
affiliates shall be limited to the repair or replacement of the user's
affected, game software, system or peripherals at the option of SCEE.
SCEE, its parents, affiliates, or licensed Publishers shall not be
liable for any delays, system failures, authentication failures, or
system outages, which may, from time to time, affect online game play or
access thereto.
-
Statement by Sony Computer
Entertainment (Japan) for Privacy Policy & Network
This Software uses Network Authentication System. Network
Authentication System retrieves information about a user's hardware and
software for authentication, copy protection, account blocking, system,
rules, or game management and other purposes. The information collected
does not identify the user personally. Electronic Arts can combine this
information with personally identifying information from Electronic
Arts' records if you provide the personally identifying information.
Before providing any personal information to Electronic Arts, please be
sure to review Electronic Arts' privacy policy and terms and conditions
of use. Do not provide personally identifying information to Electronic
Arts unless you accept the conditions of use and terms of their privacy
policy.
EA Online Service for the PlayStation®3
Computer Entertainment System
The PlayStation®Network ("PSN") Terms of Service continue to apply in
their entirety and govern your conduct while accessing EA Online through
the PlayStation®Network. Any conflict between the EA Online Terms of
Service and the PSN Terms of Service and User Agreement shall be
resolved in favor of the PSN Terms of Service and User Agreement.
PlayStation®Store Purchases in Europe
Any content purchased in an in-game store will be purchased from
PlayStation Network Europe Limited ("PSNE") and be subject to PSNE's
Terms of Service and User Agreement which is available on the
PlayStation®Store. Please check usage rights for each purchase as these
may differ from item to item. Unless otherwise shown, content available
in any in-game store has the same age rating as the game.
PlayStation®Store Purchases in USA and
Canada
Purchase and use of items are subject to the PlayStation®Network Terms
of Service and User Agreement. This online service has been sublicensed
to you by Sony Computer Entertainment America.
Adobe® Products
Adobe® Flash® Player. Copyright © 1996 - 2010. Adobe Systems
Incorporated. All Rights Reserved. Patents pending in the United States
and other countries. Adobe and Flash are either trademarks or registered
trademarks in the United States and/or other countries.
Adobe® Shockwave® Player. Copyright © 1996 - 2010. Adobe Systems
Incorporated. All Rights Reserved. Adobe and Shockwave are either
trademarks or registered trademarks in the United States and/or other
countries.
Adobe® AIR. Copyright © 2007 - 2010. Adobe Systems Incorporated. All
Rights Reserved. Adobe and Adobe AIR are either trademarks or
registered trademarks in the United States and/or other countries.
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