BIOWARE POINTS DIGITAL SERVICES AGREEMENT
Last Updated: February 15, 2010
1. Scope of
Agreement. This Agreement (“Agreement”)
governs your use of
BioWare Points within the Dragon Age: Origins and Mass Effect 2
games
(the “Games”). If you reside in the United States, Canada or
Japan, the
Agreement is between you and Electronic Arts Inc. If you reside
in any other
country, then the Agreement is between you and EA Swiss Sàrl.
Please see
below for contact information for Electronic Arts Inc. and EA
Swiss Sàrl. In
this Agreement, the term “you” means you the customer;
and the terms
“EA”, “we”, “us” and “our” means either Electronic
Arts Inc., or EA Swiss
Sàrl, whichever is applicable to you. This Agreement supplements
the EA
Terms of Service that you accept when you set up an EA Account
on our
websites. The EA Terms of Service is incorporated herein by
reference. The
EA Terms of Service can be found at the bottom of all EA hosted
websites
and by typing “terms.ea.com” in your browser. If there is an
inconsistency
between the EA Terms of Service and this Agreement, the terms of
this
Agreement will govern your use of BioWare Points within the
Games. By
selecting the “I Accept” checkbox below, you agree that your use
of
BioWare Points and all related content within the Games is
subject to this
Agreement.
2. Revised Terms. We may revise this
Agreement at any time and the
revisions will apply to all subsequent purchases of BioWare
Points and the
subsequent entitlements to content that you receive by using
BioWare Points.
When we revise this Agreement, we change the “Last Updated” date
above.
Each time you purchase BioWare Points you agree that you will
review the
terms of this Agreement. If you don’t agree to the changes, you
should stop
using BioWare Points.
3. Game Registration. To use BioWare Points,
you must have an EA
Account and have registered your copy of Dragon Age: Origins
and/or Mass
Effect 2. Your use and registration of each game is governed by
the end user
license agreement that accompanies that software.
4. BioWare Points
License. Through an authorized
purchase or transfer of
BioWare Points, you obtain a limited license to access and
select from
content that we expressly make available on the Dragon Age:
Origins Store,
in the Dragon Age: Origins game (the "Dragon Age: Origins
Content"), on
the Mass Effect 2 Store or in the Mass Effect 2 game (the “Mass
Effect 2
Content”). BioWare Points have no monetary value and do not
constitute
currency or property of any type. BioWare Points may be redeemed
for
Dragon Age: Origins Content on the Dragon Age: Origins Store or
in the
Dragon Age: Origins game. BioWare Points may also be redeemed
for Mass
Effect 2 Content on the Mass Effect 2 Store or in the Mass
Effect 2 game.
BioWare Points cannot be sold or transferred, and cannot be
exchanged for
cash or for any other goods and services, other than as
expressly permitted by
EA. BioWare Points are non-refundable. You are not entitled to a
refund for
any unused BioWare Points. Subject to the terms of this
Agreement, your
BioWare Points license is coextensive with your right to use an
EA Account.
The term of your BioWare Points license starts when you acquire
BioWare
Points and, subject to this Agreement, ends on the day that your
access to the
BioWare Points or your EA Account is cancelled, suspended or
terminated,
or your BioWare Points expire as set forth in Sections 5, 8 and
9 of this
Agreement.
any unused BioWare Points. Subject to the terms of this
Agreement, your
BioWare Points license is coextensive with your right to use an
EA Account.
The term of your BioWare Points license starts when you acquire
BioWare
Points and, subject to this Agreement, ends on the day that your
access to the
BioWare Points or your EA Account is cancelled, suspended or
terminated,
or your BioWare Points expire as set forth in Sections 5, 8 and
9 of this
Agreement.
5. Use and Expiration
of BioWare Points. During the term of your
license,
you have the right to redeem BioWare Points for selected Dragon
Age:
Origins Content and/or Mass Effect 2 Content. We do not
guarantee that any
particular item within the Dragon Age: Origins Content or Mass
Effect 2
Content will be available at all times or at any given time. We
do not
guarantee that we will continue to offer particular items for
any particular
length of time. We reserve the right to change and update our
inventory of
Dragon Age: Origins Content and Mass Effect 2 Content without
notice to
you. Once you redeem BioWare Points for an item of Dragon Age:
Origins
Content or Mass Effect 2 Content, however, that item is
available for use in
your Dragon Age: Origins game or Mass Effect 2 game regardless
of whether
it is still offered on the Dragon Age: Origins Store or Mass
Effect 2 Store.
For example, if you purchased the right to use specific game
content for two
(2) weeks, that game content will be available for two (2) weeks
even if it is
no longer offered in the store for that game. If you have not
used your
BioWare Points or EA Account for twenty-four (24) months or more
and
your account has a BioWare Points balance, your BioWare Points
will expire
and your account may be cancelled for non-use. Once you have
redeemed
BioWare Points for Dragon Age: Origins Content or Mass Effect 2
Content,
that content is not returnable, exchangeable, or refundable for
BioWare
Points or for cash, or other goods or services.
6. Dragon Age: Origins
Content and Mass Effect 2 Content. When you
acquire Dragon Age: Origins Content or Mass Effect 2 Content,
you receive
a limited license to use that Dragon Age: Origins Content or
Mass Effect 2
Content for your personal, non-commercial use with your Dragon
Age:
Origins game or Mass Effect 2 game. EA reserves all right, title
and interest
in Dragon Age: Origins Content and Mass Effect 2 Content and all
associated
copyrights, trademarks, and other intellectual property rights
therein. This
License is limited to the intellectual property rights of EA in
Dragon Age:
Origins Content and Mass Effect 2 Content and does not include
any rights to
other patents or intellectual property. You may not remove,
alter, or obscure
any identification, copyright, or other intellectual property
notices in the
Dragon Age: Origins Content or Mass Effect 2 Content.
7. BioWare Points
Availability. BioWare Points may only
be held in EA
Accounts belonging to legal residents of countries where access
to and use of
the Games, the Dragon Age: Origins Store and Mass Effect 2 Store
are
permitted. BioWare Points may be purchased or acquired only from
EA
through the means we provide on our website(s) or otherwise
expressly
authorize. EA reserves the right to refuse your request(s) to
acquire BioWare
Points, and EA reserves the right to limit or block any request
to acquire
BioWare Points for any reason.
8. Cancellation and
Suspension. We can cancel or
suspend your access to
BioWare Points, the Dragon Age: Origins Store, the Mass Effect 2
Store or
your EA Account, in our sole discretion and without prior
notice, if (a) you
fail to comply with this Agreement or our Terms of Service; or
(b) if we
otherwise suspect fraud or misuse of BioWare Points, the Dragon
Age:
Origins Store, the Mass Effect 2 Store or any other unlawful
activity
associated with an EA Account membership registered to or used
by you.
9. Termination of
Services. You agree that EA may
stop making BioWare
Points, the Dragon Age: Origins Store service, the Mass Effect 2
Store
service, or any feature thereof, available, at any time, without
any liability to
you. If we stop supporting BioWare Points, the Dragon Age:
Origins Store
or the Mass Effect 2 Store, we will provide at least sixty (60) days
advance
notice to you by posting a notice on the Dragon Age: Origins
Store website
or Mass Effect 2 Store website.
10. Disclaimer of
Warranties. BIOWARE POINTS, THE DRAGON AGE:
ORIGINS STORE, THE MASS EFFEC T 2 STORE AND GAME
CONTENT ARE PROVIDED ON AN “AS IS” BASIS. EA MAKES NO
WARRANTIES WITH RESPECT TO BIOWARE POINTS, THE
DRAGON AGE: ORIGINS STORE, DRAGON AGE: ORIGINS
CONTENT, THE MASS EFFECT 2 STOREOR MASS EFFECT 2
CONTENT. TO THE EXTENT PERMITTED BY LAW, EA DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON
INFRINGEMENT. EA DOES NOT WARRANT THAT THE
FUNCTIONALITY OR OPERATION OF THE DRAGON AGE: ORIGINS
STORE, THE MASS EFFECT 2 STORE, EA ACCOUNTS OR
SUPPORTING SYSTEMS AND WEBSITES (COLLECTIVELY, "EA
SERVICES") WILL BE
UNINTERRUPTED OR FREE FROM ERROR,
THAT ANY DEFECTS IN THE EA SERVICES WILL BE CORRECTED,
OR THAT THE EA SERVICES OR THE SERVERS THAT MAKE THOSE
EA SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL CONDITIONS OR COMPONENTS. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. EA SHALL HAVE NO
LIABILITY,
WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND
(INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE
FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR
OPERATE) OF THE EA SERVICES, THE BIOWARE POINTS,
DRAGON AGE: ORIGINS CONTENT, OR THE MASS EFFECT 2
CONTENT EVEN IF EA IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EA’S
AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE
AMOUNT ACTUALLY PAID BY YOU FOR BIOWARE POINTS.
NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN
THIS AGREEMENT LIMITS EA’S LIABILITY TO YOU FOR
FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL
INJURY CAUSED BY EA’S NEGLIGENCE, OR ANY OTHER
LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE
EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
12. Reservation of
Rights. EA reserves the right
to take all legal and
technical steps available, including pursuing civil remedies and
criminal
prosecution, for any violation of this Agreement or our Terms of
Service.
Our failure to enforce this Agreement or the Terms of Service in
every
instance in which we are entitled does not amount to a waiver of
EA’s rights.
Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City,
CA 94065
EA Swiss Sarl, Place du Molard 8, 1204, Geneva, Switzerland