TERMS OF SALE
EFFECTIVE DATE: July 22, 2015
PLEASE NOTE: SECTION 20 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH EA. PLEASE READ IT.
1. Scope of Agreement
These Terms of Sale (the “Agreement”) govern your purchase of software products, digital content, including additional or enhanced functionality, content subscriptions, virtual currency and in-game content whether downloaded or hosted on servers or the cloud (collectively “EA Content”), offered by Electronic Arts (“EA”), through the means we provide on EA websites such as www.ea.com and www.origin.com and any other affiliated sites (collectively, “EA Website(s)”) or in one of our games (“EA Game” or “EA Games”).
If you reside in the United States, Canada or Japan, this Agreement is between you and Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA. If you reside in any other country, then this Agreement is between you and EA Swiss Sàrl, Place du Molard 8, 1204, Geneva, Switzerland; registered in the Geneva Companies Registry with Company Registered Number: CH-660-2328005-8 (for details of our VAT Registrations please click here). 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. If you need to contact us visit help.ea.com.
This Agreement applies specifically to your purchase of EA Content from EA, and supplements the EA Terms of Service and the EA Privacy and Cookie Policy. In addition, your use of certain EA Content is governed by the applicable End User License Agreement (“EULA”) and any other additional terms (collectively, “Terms”) presented to you either prior to your access, and/or download of the software or within (or disclosed on) the product.
EA Content may also be purchased from third parties authorized to sell such EA Content. When you purchase EA Content from a third party, your purchase is with that third party and not EA. You must complete that third party’s purchase process and you will be bound by that third party’s terms and conditions. Please contact the third party with questions regarding your purchase. The warranty provisions in Section 11 with respect to such EA Content still apply.
2. Accepting this Agreement & Revised Terms
By selecting the “I have read and accept the Terms of Sale” (or similar) checkbox at the point of purchase on the applicable EA Game and/or EA Website, you accept the terms and conditions of this Agreement and agree that your purchase of EA Content is subject to this Agreement.
We may revise this Agreement at any time in its sole discretion. If we do so, we will change the “Last Updated” date above and post the revised Agreement at http://tos.ea.com/legalapp/termsofsale/US/en/PC/. When you are asked to accept this Agreement, you will be accepting the “Last Updated” version of the Agreement.
3. Access to EA Content & Your EA Account
EA Content may only be purchased by legal residents of countries where access to and use of EA Content is permitted. EA reserves the right to refuse your offer(s) to purchase, otherwise obtain or access EA Content, and EA reserves the right to limit or block any offer(s) to purchase, otherwise obtain or access EA Content for any reason.
The purchase of EA Content may require you to open an EA Account (formerly “Origin Account,” “Account”). Your access and use of EA Accounts is governed by the EA Terms of Service and the EA Privacy and Cookie Policy, please review both Agreements carefully.
3.1. Adding Payment Methods to Your EA AccountTo pay for EA Content, you’ll be asked to select from the payment methods that EA identifies on the applicable EA Website or EA Game (“Payment Method”) and you must supply the necessary billing information. By providing EA with your Payment Method details, you (1) represent that you’re authorized to use that Payment Method and that the billing information is true and accurate, and (2) agree to keep the Payment Method information current at all times. You may change or edit your billing account and Payment Method information any time on your EA Account management
page. Click
here for more information on Payment Methods.
4. Pricing and Tax
When you purchase EA Content from EA, the price payable by you is the price indicated on the applicable EA Website or EA Game at the time of purchase. You agree to pay all fees specified plus all applicable sales and/or use taxes, GST or VAT that EA assesses on your purchase (the “Purchase Price”). Sales or use tax will be based upon your billing address. For U.S. and Canadian purchasers, applicable sales tax will be added on to the price displayed; for Australia, EU countries, Iceland, Norway, Switzerland, South Korea or South Africa purchasers, prices will include applicable VAT or GST, at the rate applicable in the territory, unless otherwise indicated at the time of purchase.
Please note, your Payment Method provider may apply a currency conversion rate to the Purchase Price, and/or additional processing fees. EA is not responsible for such charges and fees; please contact your Payment Method provider for further detail. In addition, the cost associated with accessing the applicable EA Website or EA Game, and downloading software products, depends on your Internet Service Provider and/or Network Operator. Please see your Internet Service Provider’s and/or Network Operator’s terms and conditions.
5. Purchase Process
When you submit an order to EA, by clicking the “Pay Now” (or similar) button on the applicable EA Website or EA Game, you acknowledge that (i) you have confirmed the details of what you are purchasing and that you have read and accept this Agreement, and any applicable Terms, (ii) your Payment Method information is true and accurate, and (iii) you authorize EA to charge you for that EA Content on your Payment Method.
Your order is an offer by you to purchase EA Content at the Purchase Price and terms stated in that request. When your offer is accepted by EA, we will charge your Payment Method, and send you a purchase confirmation email. EA will not supply any EA Content to you until your Payment Method provider has authorized the payment.
Most offers are accepted and processed by EA within 24 hours, though in some cases EA may take up to 72 hours to accept and process your offer. Once your payment has been processed, you will receive a purchase confirmation email and the applicable EA Content will be made available to you at that time. Our obligation to deliver your EA Content begins as soon as your order is finalized and shall be complete at such time as, and place where, you receive your EA Content.
6. Recurring Subscriptions
If you purchase a recurring subscription from EA, you authorize EA to automatically charge the subscription Purchase Price (a) at the beginning of your subscription purchase or upon expiration of any applicable trial offer, as discussed below, and (b) on each renewal date thereafter without any additional action by you. Your subscription will continue to automatically renew until you cancel your subscription. You may cancel your subscription at any time by following the instructions specified on the applicable EA Website or EA Game, or by contacting Customer Support at help.ea.com. You will be able to continue to access and use your subscription service until the end of the subscription period.
We reserve the right to change the Purchase Price of a recurring subscription at any time. If we do so, EA will provide you notice at least thirty (30) days in advance. Your continued use of the recurring subscription means that you accept the new Purchase Price which will then be charged on a recurring basis.
EA may offer a free trial for certain subscriptions. If you sign-up for a free trial subscription, EA will begin to charge the applicable subscription Purchase Price when the free trial expires. You must cancel your subscription prior to the end of the free trial period to avoid charges to your Payment Method.
7. Pre-Orders
Some EA Content may be available for pre-order purchase prior to the scheduled release date. For most pre-orders, the purchase process will be completed (as described in Section 5) on the release date, without further action by you. In certain cases, we may charge your Payment Method a few days prior to the release date (we will confirm the payment with a confirmation email). Please note, when you pre-order, a portion of the EA Content software may be immediately downloaded onto your computer or device; upon the release date, your computer or device will automatically download the remaining portion of the EA Content software.
Pre-orders for EA Content may be cancelled up until the release date, and any amounts paid will be refunded.
8. Transaction History
You are responsible for all purchases of EA Content made by your EA Account or otherwise attributable to your Payment Method. We’ll provide you with an online statement of your transaction history on EA Websites and EA Games at www.Origin.com/account or account.swtor.com/user. It’s your responsibility to ensure the accuracy of your transaction history and to print or save a copy of your history for your records. If you have questions regarding your transaction history, please contact Customer Support at help.ea.com where you will also find information on EA’s complaints handling policy.
9. Gifting, Trading, Transferring
When expressly authorized by EA in writing, certain EA Content may be gifted, traded, and/or transferred. Unless expressly authorized by EA in writing, EA Content purchased from EA may only be gifted, traded, and/or transferred to residents of the same country as the purchaser. Gifts are completed transactions upon purchase, and such purchase of EA Content is between you and EA, and is subject to the terms of this Agreement. EA may automatically facilitate or you may facilitate the gift, trade, and/or transfer of that EA Content to your designated recipient as the context requires and applicable to each individual gift, trade, and/or transfer. You are responsible for ensuring that your designated recipient is (i) correctly identified, and (ii) the appropriate age to receive the gifted, traded and/or transferred EA Content.
10. Refunds and Right of Withdrawal for EA Content
Subject to the provisions set out below, and any rights you may have under this Section and Section 11 below (including, for avoidance of doubt, rights that you may have under applicable law), there are no refunds for EA Content purchased from EA unless expressly authorized by EA.
10.1. Right of Withdrawal and Statutory Guarantees:Residents in the
European Union and
Japan have the right to withdraw from (cancel) a purchase of EA Content within 14 days from the date of purchase without giving any reason.
Important Notice: This does not apply where you have expressly consented to the performance of the EA Content (which is digital content) beginning immediately upon conclusion of the purchase process, and have acknowledged the loss of the right to withdraw. Where applicable, in order to exercise your right of withdrawal, please
contact us. If you withdraw from the contract, we shall refund to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such refund using the same Payment Method as you used for your purchase (or if more than one Payment Method was used, to both Payment Methods in proportion to the amounts made from both Payment Methods), unless you have expressly agreed otherwise (for example in the event that your Payment Method is non-refundable, we will attempt to contact you to make payment to an alternative Payment Method at no additional cost to you); in any event, you will not incur any fees as a result of such refund.
10.2. Residents in
South Africa have the right to withdraw from their purchase within 14 days from the date of conclusion of the purchase process. Please note that you will lose your right of withdrawal once we have sent you a purchase confirmation email, either with a digital download code enabling you access to the EA Content, or confirming your Account has been directly entitled.
10.3. Residents in
Taiwan have the right to withdraw from their purchase within 14 days after the date of delivery of the EA Content (which is digital content). Please note that delivery of EA Content completes at such time as, and place where, you receive the downloaded product.
10.4. Residents in the
Republic of Korea have the right to withdraw from their purchase within 14 days after the date of delivery of the EA Content (which is digital content). Please note that delivery of EA Content completes at such time as, and place where, you receive the downloaded product. You will lose your right of withdrawal when you have accessed or downloaded the EA Content. However, this does not exclude certain statutory rights which may allow you to claim a refund for faulty or defective digital content. Please see
here for details.
10.5. Consumers in
Australia have rights to remedies under the consumer guarantee provisions of the Australian Consumer Law that cannot be excluded. These include a right to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and an entitlement to have goods repaired or replaced and services resupplied if the goods or services fail to comply with a consumer guarantee and the failure does not amount to a major failure. See
http://help.ea.com/au/article/origin-au-returns-and-cancellations/ for more information on your rights to remedies under the Australian Consumer Law.
11. Warranties
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE EA CONTENT THAT YOU PURCHASE ON THE EA WEBSITES AND/OR EA GAME ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. EA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS (AS NOTED IN CLAUSE 10 ABOVE), SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. SEE HERE FOR MORE INFORMATION ON STATUTORY WARRANTY RIGHTS APPLICABLE IN YOUR TERRITORY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EA NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE EA CONTENT, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THE EA CONTENT THAT YOU PURCHASE FROM EA, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL EA’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE EA CONTENT.
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. Our failure to enforce this Agreement in every instance in which we are entitled, does not mean that we waive our rights to do so in future.
13. Electronic Contracting
You acknowledge and agree that by clicking the “Pay Now” (or similar) button when you place your order, you are placing a legally binding offer and further consent to: (i) the use of electronic communications in order to enter into contracts and place orders with EA; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent by contacting us at http://help.ea.com, but if you do, we may cancel your access to EA Content and/or your Account. If you do not consent to receive any notices electronically, you must stop using EA Content, your Account, and the EA Websites and EA Games.
As long as you place orders with us online, you agree that you will have access to the necessary software and hardware, including access to a valid email account, to receive electronic records sent by us to the email address that you provided in connection with transactions initiated or completed by you online. It is your responsibility to inform us of any changes to your email address, as we will rely on and use any email address you provide until you notify us of such change.
This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement.
14. Governing Law
The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement; and to the extent applicable, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the federal or state courts that govern San Mateo County, California, and you expressly consent (to the extent applicable) to the exercise of personal jurisdiction of such courts in connection with any dispute, including any claim involving EA or EA affiliates, subsidiaries, contractors, vendors and content providers. Please note that your conduct may also be subject to other local, state, national, and international laws.
15. Dispute Resolution By Binding Arbitration
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 15.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA’s last settlement offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your EA Account at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea. By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable. This Section covers any and all disputes between us (“Disputes”), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or EA’s (or any of EA’s licensors’) intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property;
- if you reside in Australia: a claim to enforce any statutory consumer rights to which you are entitled under the Australian Consumer Law; and
- in addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate provision shall survive termination of these Terms of Service.
A. Informal Negotiations/Notice of Dispute. You and EA agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). EA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department.
B. Binding Arbitration. If you and EA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send EA a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and EA agree that any arbitration shall be limited to the Dispute between EA and you individually, regardless whether the relief sought is monetary or injunctive relief, and any relief awarded in arbitration shall be applicable only to you in your individual capacity. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND EA 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, unless both you and EA agree otherwise, the arbitrator may not consolidate more than one person's 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 agreement to arbitrate shall be null and void.
D. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
E. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA's last written settlement offer made before written submissions are made to the arbitrator, then EA will:
- Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
- Reimburse all of the filing, administration, and arbitrator fees that you paid to the AAA. Each party will be responsible for its own attorneys’ fees and related expenses (including expert witness fees and costs), but the arbitrator will have authority to award attorneys’ fees and expenses if such an award is available under applicable law. EA waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us.
F. Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
G. Changes to This Provision. EA will not enforce material changes to this agreement to arbitrate against account holders absent express agreement to the changed terms.
16. 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 Content vary depending on the services selected by you, and (c) If you have a complaint regarding EA Content or desire further information on use of EA Content, visit EA's customer service at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). 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.