ELECTRONIC ARTSUSER AGREEMENT
Last Updated: May 17, 2018
Welcome to EA. This Agreement governs your access and use of software products, such as game software contained on disc or downloaded, offered by EA and its subsidiaries ("EA") and related updates, upgrades and features as well as online and mobile services, features, content and websites offered by EA and/or live events hosted by or in connection with EA (collectively "EA Services"). This Agreement is between you and the EA entity listed in Section 13B below.
TABLE OF CONTENTS
BY USING EA SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE EA SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 15 TO RESOLVE ANY DISPUTES WITH EA.
- EA Account
- Content and Entitlements
- Availability of EA Services and Updates
- Your UGC
- Rules of Conduct
- PC Products
- Termination and Other Sanctions
- Use of Data
- Other Software, Utilities and Tools
- Third Parties
- Disclaimer of Warranties; Limitation of Liability
- General Terms
- Changes to this Agreement
- Dispute Resolution by Binding Arbitration
- Supplemental Terms for PlayStation®
1. EA Account You need an EA Account to access and use many EA Services, including to play online. To create an EA Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the EA Service for which you are registering and must be resident of a country where use of EA Services is permitted. You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create an EA Account. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using EA Services. EA recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child. You are responsible for the activity on your EA Account. Your EA Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement. You may cancel your EA Account at any time. You also may cancel a subscription to a particular EA Service at any time. Contact EA's Customer Service Department at help.ea.com to cancel your EA Account. To complete your request, EA may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers. 2. License The EA Services are licensed to you, not sold. EA grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the EA Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any EA Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by EA or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from EA Services, unless expressly authorized by EA or permitted by law. EA or its licensors own and reserve all other rights, including all right, title and interest in the EA Services and associated intellectual property rights. 3. Content and Entitlements The EA Services include Content and Entitlements. Content is the 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 or from EA Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes EA Account personas, forum posts, profile content and other Content contributed by users to EA Services. All Content is either owned by EA or its licensors, or is licensed to EA and its licensors pursuant to Section 5 below. Entitlements are rights that EA licenses to you to access or use the online or off-line elements of EA Services. Examples of Entitlements include access to digital or unlockable Content additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game achievements; virtual points, coins, or currencies. We refer to these virtual points, coins or currencies as "EA Virtual Currency". When you obtain EA Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that EA expressly makes available to you. EA Virtual Currency has no monetary value and has no value outside of our products and services. EA Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the EA Service. EA Virtual Currency is non-refundable, and you are not entitled to a refund for any unused EA Virtual Currency. Once you redeem EA Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in Japan, you agree to use any EA Virtual Currency within 180 days from the date of purchase. You will provide at your own expense the equipment, Internet connection and charges required to access and use EA Services. 4. Availability of EA Services and Updates We do not guarantee that any EA Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular EA Service, Content or Entitlements for any particular length of time. EA does not guarantee that EA Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations. From time to time, EA may update, change or modify an EA Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use EA Services. EA may need 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. 5. Your UGC You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity. EA may, in its sole discretion, remove, edit or disable UGC for any reason, including if EA reasonably determines that UGC violates this Agreement. EA does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. EA does not pre-screen all UGC and does not endorse or approve any UGC available on EA Services. When you contribute UGC, you grant to EA, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate 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 also grant all other users who can access and use your UGC on an 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. 6. Rules of Conduct When you access or use an EA Service, you agree that you will not:
- Violate any law, rule or regulation.
- Interfere with or disrupt any EA Service or any server or network used to support or provide an EA Service, including any hacking or cracking into an EA Service.
- Use any software or program that damages, interferes with or disrupts an EA Service or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
- Interfere with or disrupt another player's use of an EA Service. This includes disrupting the normal flow of game play, chat or dialogue within an EA Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
- Harass, threaten, bully, 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. Hate speech is not tolerated.
- Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
- Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.
- Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that EA (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
- Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
- Impersonate another person or falsely imply that you are an EA employee or representative.
- Improperly use in-game support or complaint buttons or make false reports to EA staff.
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on EA Services.
- Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.
- Use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Modify any file or any other part of the EA Service that EA does not specifically authorize you to modify.
- Use exploits, cheats, undocumented features, design errors or problems in an EA Service.
- Use or distribute counterfeit software or EA Content, including EA Virtual Currency.
- Attempt to use an EA Service on or through any service that is not controlled or authorized by EA.
- Sell, buy, trade or otherwise transfer or offer to transfer your EA Account, any personal access to EA Services, or any EA Content associated with your EA Account, including EA Virtual Currency and other Entitlements, either within an EA Service or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by EA.
- Use an EA Service in a country in which EA is prohibited from offering such services under applicable export control laws.
- If an EA Service requires you to create a "user name" or a "persona" to represent you in game and online, you should not use your real name and may not use a user name or persona that is used by someone else or that EA determines is vulgar or offensive or violates someone else's rights.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of an EA Service.
- Use information about users publicly available in any EA Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
- Promote, encourage or take part in any prohibited activity described above.
G. Changes to this Arbitration Agreement EA will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes. 16. Supplemental Terms for PlayStation® A. For Purchases in PlayStation™Store in North America Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America. B. For Purchases in PlayStation™Store in Europe Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and be subject to PlayStation™Network 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.
- Pay you 150% of your arbitration award, up to $5,000 USD over and above your arbitration award; and
- Reimburse the arbitration fees that you paid to the AAA.