ELECTRONIC ARTS DIGITAL SERVICES AGREEMENT
Last Updated: July 15, 2013
1. Scope of Agreement
This Digital Service Agreement (“Agreement”) governs (1) every purchase, grant, access, and/or use of virtual or fictional points, coins, or currencies (each individually or collectively referred to in this Agreement as “EA Virtual Currency”) made with and/or by Electronic Arts (“EA”), and (2) any EA in-game products, services, assets, or content (each individually or collectively referred to in this Agreement as “EA In-Game Content”) that you obtain by using your EA Virtual Currency in one of our games (“EA Game” or “EA Games”) or otherwise receive from EA.
This Agreement supplements the EA Terms of Service and the EA Privacy Policy and applies specifically to your purchase, grant, access, and/or use of EA Virtual Currency and/or EA In-Game Content. If there is an inconsistency between the EA Terms of Service and this Agreement, the terms of this Agreement will govern your purchase, grant, access, and/or use of EA Virtual Currency and/or EA In-Game Content.
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, and the EA Virtual Currency and/or EA In-Game Content you purchase, are granted, access and/or use are issued, controlled, maintained, operated, and redeemed by Electronic Arts Inc. 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), and the EA Virtual Currency and/or EA In-Game Content you purchase, are granted, access, and/or use are issued, controlled, maintained, operated, and redeemed by 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.
2. Accepting this Agreement & Revised Terms
By selecting the “I have read and accept this Digital Services Agreement” (or similar) checkbox, you accept the terms and conditions of this Agreement and agree that every purchase, grant, access, and use of EA Virtual Currency and/or EA In-Game Content is subject to this Agreement including all subsequent purchases, grants, access, and uses of EA Virtual Currency and/or EA In-Game Content. Each time you purchase and/or receive a grant of EA Virtual Currency you agree that you will review the terms of this Agreement.
EA may revise this Agreement at any time in its sole discretion. When EA revises this Agreement, we change the “Last Updated” date above and post the revised Agreement at http://tos.ea.com/legalapp/DSA/US/en/PC/; you will be asked to reaccept this Agreement by selecting the “I have read and accept this Digital Services Agreement” (or similar) checkbox on the applicable EA Game and/or EA Website. Revised terms are effective immediately to all subsequent purchases, grants, access, and uses of EA Virtual Currency and/or EA In-Game Content upon acceptance of the revised Agreement.
3. Access to EA Virtual Currency and EA In-Game Content
EA Virtual Currency and/or EA In-Game Content may only be held by legal residents of countries where access to and use of EA Virtual Currency and EA In-Game Content is permitted. EA reserves the right to refuse your request(s) to purchase, otherwise obtain, access, or use EA Virtual Currency and/or EA In-Game Content, and EA reserves the right to limit or block any request to purchase, otherwise obtain, access or use EA Virtual Currency and/or EA In-Game Content for any reason.
EA Virtual Currency may be purchased from EA, through means we provide on the applicable EA Game, on EA websites such as www.ea.com and www.origin.com (collectively, “EA Website(s)”) and as described in Sections 11 through 14 below.
EA Virtual Currency may also be purchased from third parties expressly authorized by EA to sell EA Virtual Currency. If you purchase EA Virtual Currency from a third party, your grant, access, and use of EA Virtual Currency and/or EA In-Game Content is governed by this Agreement, in particular the License provisions in Sections 5 through 10 below. Please note, when you purchase EA Virtual Currency from a third party, your purchase is with that third party and not EA and the purchase provisions set out in Sections 11 through 14 do not apply. You must complete that third party’s purchase process and you will be bound by that third party’s terms and conditions, including any refunds and returns policies, which are available from the third party. Please contact the third party with any questions regarding your purchase.
In addition, from time to time, in our sole discretion, EA, or third parties expressly authorized by EA, may grant EA Virtual Currency and/or EA In-Game Content as a gesture of goodwill, as a reward to certain users, in connection with promotions, and/or as part of EA tournaments, competitions, or sweepstakes. Certain EA Virtual Currency and EA In-Game Content may also be granted by EA for participating in various game-play achievements, challenges, quests, activities, and/or in-game offers. Granted EA Virtual Currency and/or EA In-Game Content are promotional in nature. If you are granted promotional EA Virtual Currency and/or EA In-Game Content, your grant, access, and use of such EA Virtual Currency and/or EA In-Game Content is governed by this Agreement, in particular the License provisions in Sections 5 through 10 below.
4. Game Account Registration
The purchase and/or grant of EA Virtual Currency in an EA Game may require you to open an account (“Game Account”). To create a Game Account, you must complete the registration process by providing EA with current, complete and accurate information (which may include your email address) as prompted by the applicable registration form. You may be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by EA), infringes any trademark or other proprietary rights of others, or is used in any way that violates this Agreement or the EA Terms of Service.
You may not use anyone else’s Game Account at any time unless expressly authorized by EA in writing. You are entirely responsible for maintaining the confidentiality of your Game Account password and user/account name. Furthermore, you are entirely responsible for any and all activities that occur under your Game Account. Where EA utilizes the account management of a social networking website (such as Facebook and MySpace), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.
5. EA Virtual Currency License
By purchasing or otherwise obtaining EA Virtual Currency, you obtain a limited, revocable license – as set out in this Section and Sections 6 through 10 below – to access and select from the EA In-Game Content that EA expressly makes available within the applicable EA Game for your personal non-commercial use. EA Virtual Currency has no monetary value and does not constitute currency or property of any type. EA Virtual Currency may be redeemed for EA In-Game Content only. Except for this limited, revocable, license to use EA Virtual Currency to redeem EA In-Game Content, you have no ownership or property right in or title to such EA Virtual Currency.
EA Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for EA In-Game Content, unless expressly authorized by EA in writing. EA Virtual Currency is non-refundable. You are not entitled to a refund for any unused EA Virtual Currency.
6. EA Virtual Currency Term
The term of your EA Virtual Currency license starts when you purchase or otherwise obtain EA Virtual Currency and, subject to this Agreement, ends (1) upon its redemption for EA In-Game Content or (2) the earlier of (a) the third anniversary of the date of purchase or grant or (b) the day that your access to EA Virtual Currency and EA In-Game Content on the applicable EA Website and/or within the applicable EA Game is cancelled, suspended or terminated as set forth in Sections 9 and 10 of this Agreement (as the context requires and applicable to each individual purchase or grant).
7. EA In-Game Content
During the term of your EA Virtual Currency license, you have the right to redeem EA Virtual Currency for selected EA In-Game Content that EA expressly makes available within the applicable EA Game. EA does not guarantee that any particular item offered as part of the EA In-Game Content will be available at all times or at any given time. EA does not guarantee that we will continue to offer particular items for any particular length of time. EA reserves the right to change and update the inventory of EA In-Game Content without notice to you.
When you redeem EA Virtual Currency for EA In-Game Content or otherwise obtain EA In-Game Content, you receive a limited, revocable license – as set out in this Section and Sections 7 through 10 below – to use such EA In-Game Content for your personal non-commercial use within the applicable EA Game and/or any specified permitted services that EA identifies from time to time. Once you have redeemed EA Virtual Currency for EA In-Game Content or otherwise obtain EA In-Game Content, that content is not returnable, exchangeable, or refundable for EA Virtual Currency or for cash, or other goods or services unless expressly authorized by EA in writing.
EA reserves all right, title, and interest in EA In-Game Content and all associated copyrights, trademarks, and other intellectual property rights therein. This EA In-Game Content license is limited to the intellectual property rights of EA in the EA In-Game 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 EA In-Game Content.
8. Trading, Transferring, and Gifting
EA prohibits and does not recognize any purported transfers of EA Virtual Currency or EA In-Game Content within an applicable EA Website or EA Game, unless expressly authorized by EA in writing. Likewise, EA prohibits and does not recognize the purported sale, gift, or trade in the “real world” of any EA Virtual Currency or EA In-Game Content, except as expressly authorized by EA in writing.
9. EA Virtual Currency Expiration, Cancellation, and Suspension
As set out in Section 6 above, EA may expire any unused balance of EA Virtual Currency, in our sole discretion and without prior notice, thirty-six (36) months after the date of purchase or grant. In addition, EA may in its sole discretion and without prior notice, cancel a Game Account if you have not used that particular Game Account for thirty-six (36) months or more.
In addition, EA may cancel or suspend your access to EA Virtual Currency, EA In-Game Content, or the applicable Game Account, in our sole discretion and without prior notice, if (a) you fail to comply with this Agreement, the EA Terms of Service, or the EA Privacy Policy; or (b) if EA otherwise suspects fraud or misuse of your EA Virtual Currency, EA In-Game Content, Game Account, the EA Website, or any other unlawful activity associated with an account membership registered to or used by you.
10. Termination of Services
You agree that EA may stop making EA Virtual Currency available within an EA Game and/or EA Website, and any of the products or services through which you can purchase or use EA Virtual Currency and/or EA In-Game Content at any time, without any liability to you. If EA stops making EA Virtual Currency and any of the products or services through which you can purchase or use EA Virtual Currency and EA In-Game Content available, we will provide at least thirty (30) days advance notice to you by email (if available) and/or by posting a notice on the applicable EA Website, EA Game, and/or www.serviceupdate.ea.com.
11. EA Virtual Currency Purchase Process
When you purchase EA Virtual Currency from EA, through the applicable EA Game and/or EA Website, you agree to pay all fees you incur plus all applicable sales and/or use taxes, GST or VAT (as described in Section 13 below). In addition, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date).
To purchase EA Virtual Currency from EA, (i) follow the instructions on the applicable EA Game and/or EA Website, (ii) click the “purchase” (or similar) link, (iii) sign into your Game Account if required (or create a Game Account if required), (iv) choose your payment method, (v) provide your billing information, (vi) confirm the details of what you are purchasing and that you have read and accept this Agreement, and (v) submit your order by clicking of the button “confirm purchase” (or similar) to finalize your purchase. You will then be sent a purchase confirmation email from us. To cancel your order at any time prior to completion of the order, click the “cancel” (or similar) button, return to the previous webpage (by pressing the “back” (or similar) button on your web browser), or close the webpage on the applicable EA Website and/or EA Game.
Prior to submitting your order, you can correct inputting errors on the “Confirm Billing” (or similar) page or by returning to the billing information (or similar) webpage on the applicable EA Website and/or EA Game. You can also correct certain inputting errors that you have made on the applicable EA Website (such as an incorrect billing address) by logging on to Origin at www.ea.com, and accessing the “My Account” (or similar) link located on our home page.
Your submission of an order constitutes an offer by you to purchase EA Virtual Currency at the price and terms stated in the order which will be accepted by EA upon delivery of the ordered EA Virtual Currency.
12. Performance of the Contract and Refunds
When you purchase EA Virtual Currency from EA, EA Virtual Currency is available to you immediately as soon as you complete your purchase. Subject to the following paragraph, there are no refunds for purchases of EA Virtual Currency.
If you reside in the European Union, other than Germany, and you purchase a service from EA, such as EA Virtual Currency, you have the right to withdraw from your purchase within fourteen (14) calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you will lose your right of withdrawal if the performance of our services has begun before the end of the Cooling Off Period. Accordingly, please note that if you purchase EA Virtual Currency from EA, the performance of our services will begin immediately after we have sent our purchase confirmation. This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement. You may also have additional rights under applicable law.
13. Pricing
When you purchase EA Virtual Currency from EA, the price payable by you for EA Virtual Currency (the “Price”) is the price indicated on the applicable EA Website and/or EA Game. When you purchase EA Virtual Currency from EA, you agree to pay the taxes that EA assesses on your purchase.
Pricing and Sales Tax, GST, and VAT. Your total price will be the price of the EA Virtual Currency plus any applicable sales or use taxes in effect at the time of purchase, and based on the bill to address. For U.S. and Canadian purchasers applicable sales tax will be added on to the EA Virtual Currency price displayed. For Australia, EU countries, New Zealand, Iceland, Norway, Switzerland or South Africa purchasers and unless otherwise indicated at the time of purchase, EA Virtual Currency prices on the EA Websites and/or EA Game include applicable VAT or GST, which will be assessed at a variable rate based on your billing location. Failure on EA’s part to invoice you for any applicable sales taxes, GST, VAT, and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the EA Websites and/or EA Game.
EA reserves the right to change the Price and specifications shown in relation to EA Virtual Currency. If the Price or specification published on the applicable EA Website and/or EA Game for EA Virtual Currency is materially incorrect when you place an order for those products or services and you contact EA to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, EA will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, EA will provide you with a full refund for any amounts already paid by you.
14. Payment
When you purchase EA Virtual Currency from EA, you may pay for EA Virtual Currency by the payment methods that EA identifies on the applicable EA Website and/or EA Game (“Payment Method”). If you pay for EA Virtual Currency by credit card, you must supply your credit card details when you place your order. EA will not supply any products or services to you until your credit card issuer or alternative billing and payment provider has authorized the use of your card or other applicable method for payment.
If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party provider’s terms & conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. The cost associated with accessing the EA Websites and/or EA Games depends on your Internet Service Provider and/or Network Operator. Please see your Internet Service Provider and/or Network Operator’s terms and conditions.
15. Liability for Unauthorized Transactions
You are responsible for all purchases and uses of EA Virtual Currency and EA In-Game Content, including unauthorized purchases and uses. You agree to notify EA immediately of any unauthorized purchase or use of your EA Virtual Currency, EA In-Game Content, Game Account, or any other breach of security (and to provide properly documented evidence as reasonably requested by us). EA will not be liable for any loss that you may incur as a result of any unauthorized purchases or uses of your EA Virtual Currency, EA In-Game Content or Game Account, either with or without your knowledge, where you are at fault. However, you will be liable for losses incurred by EA or another party due to such unauthorized purchases and/or use where you are at fault.
In addition, you are solely responsible for ensuring that your balance of EA Virtual Currency is correct. We reserve the right to correct your balance of EA Virtual Currency if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any redemption or correction that has been assessed against your balance of EA Virtual Currency, please contact customer support at www.support.ea.com. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question.
16. Disclaimer of Warranties
EA VIRTUAL CURRENCY AND EA IN-GAME CONTENT ARE PROVIDED ON AN “AS IS” BASIS. EA MAKES NO WARRANTIES WITH RESPECT TO EA VIRTUAL CURRENCY AND EA IN-GAME 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 DO NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF EA VIRTUAL CURRENCY AND EA IN-GAME CONTENT, ANY 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.
17. 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 EA VIRTUAL CURRENCY, OR EA IN-GAME CONTENT EVEN IF EA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EA’S AGGREGATE LIABILTY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR EA VIRTUAL CURRENCY. 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
18. 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, the EA Terms of Service, or the EA Privacy Policy. Our failure to enforce this Agreement, the EA Terms of Service, or the EA Privacy Policy in every instance in which it is entitled does not amount to a waiver of EA rights.
19. Electronic Contracting
You acknowledge and agree that by clicking the “confirm purchase” (or similar) button when you place your order, you are placing a legally binding offer to EA and confirming your obligation to pay for the items ordered. You consent to: (i) the use of electronic communications 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, but if you do, EA may cancel your access to EA Virtual Currency, EA In-Game Content, and/or Game Account. If you do not consent to receive any notices electronically, you must stop using your EA Virtual Currency, EA In-Game Content, and Game Account. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.