July 18, 2013 IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 21 PRODUCT LICENSE AND SERVICE AGREEMENT (the “Agreement”) You agree that your use of this Activision software, including without limitation website, application for mobile phone or tablet (“App”), account (”Account”), peripheral, service or other property (including any Service and/or Service Provided Content (as defined below)) operated and provided to you by Activisi
LIMITED DISC WARRANTY AND LIMITED PERIPHERAL WARRANTY Separate from and in addition to the PRODUCT WARRANTY DISCLAIMER below, Activision warrants to the original consumer purchaser of a Product in CD-ROM or DVD format that the CD-ROM or DVD on which the Product is recorded will be free from defects in material and workmanship for 90 days (“Limited Disc Warranty”), and any peripherals (“Peripherals”) will be free from defects in material or workmanship for 180 days (“Limited Peripherals Warranty”), from the
may be required to also send a cheque or money order per warranty replacement claim. In the event that your claim is determined to be a valid you may be entitled to a refund of this amount. Unless otherwise directed by Customer Support, please send RMA replacements (certified mail recommended) to: USA: Limited Disc/Peripheral Warranty Replacements Activision Publishing, Inc. 100 N. Sepulveda Blvd.
STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF THE COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE PRODUCT AND IN WHICH CASE THE LIABILITY OF ACTIVISION AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
2 LICENSE 2.1 Activision grants you a personal, limited, non-exclusive license to use the Product for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use the Product is nontransferable. You may not rent, lease, lend, sell, redistribute or sublicense the Product.
limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Product; and (b) any connection using programs or tools not expressly approved by Activision in writing; 3 F. violate any applicable law or regulation in connection with your use of Product; G. disrupt or assist in the disruption of: (a) any computer, device or server used to support the Product; or (b) any other player's use of a Product.
4 ACCESS AND COSTS INCURRED BY USING THE PRODUCT AND SERVICES 4.1 YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE PRODUCT AND SERVICES. You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet, or other connection charges required to access and use the Product.
and associate it with you. You acknowledge and confirm that you have no expectation of privacy when using such Product features, including without limitation when uploading or submitting UGC; comparing your statistics, personal bests, and leaderboards against other users; searching for other users by gamertag; discovering events that other users have signed up for; and linking to social media accounts that publicly display user information. 5.
"moral rights"; and (b) when used as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may not upload or post any UGC that infringes the copyright, trademark, or other intellectual property rights of a third party, nor may you upload any UGC that violates any third party's right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party.
7.1 Activision respects the intellectual property rights of others and expects its players and the users of its Services to do the same. If you believe that any content appearing in the Product and/or UGC has been copied in a way that constitutes copyright infringement, please forward the following information to the copyright agent named below. 7.2 Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA").
impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. From time to time, you may be asked to confirm your registration information (such as your email address) to continue using the Product; if you choose not to do so, your access to the Product may be restricted or terminated. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. YOU SHOULD NOT REVEAL YOUR ACCOUNT PASSWORD TO OTHERS. 8.
9. SERVICE PROVIDED CONTENT 9.1 “Service Provided Content" consists of those materials provided to Product users (with or without an Account as applicable), including without limitation unlockable content, virtual assets, codes, and achievements.
11. CONSENT TO MONITOR 11.1 Communications made using a Product should not be considered private. Activision may monitor and/or record your communications (including without limitation chat text) when you are using a Product, and you hereby provide your irrevocable, express consent to such monitoring and recording.
. THIRD PARTIES The Product may enable, or require, access to other third party materials, services, or websites (“Third Party Materials”). Use of and/or access to Third Party Materials may be subject to additional terms of service and may cause you to incur additional costs. You understand that by using any Third Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable.
Service Provided Content without notice to you. Activision makes no warranty or representation regarding the availability of online Product features and reserves the right to modify or discontinue such features in its sole and absolute discretion without notice, including for example, ceasing an online service for economic reasons due to a limited number of users continuing to make use of the online service over time.
20. DRM If you access content protected with Digital Rights Management (“DRM”), the software may automatically request media usage rights from a rights server online and download and install DRM updates so that you can play the content. 21. BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION 21 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT Dispute Resolution and Arbitration. 21.
instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 21.4 Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
Angeles County, California to resolve any claims that are subject to exceptions to the arbitration agreement described in Section 21 above, or otherwise determined to be arbitrable. 22.2 B. the European Union, then you are contracting with Cooperatie Activision Blizzard International UA of Beechavenue 131, 1119RB Schipohol-Rijk, Netherlands and the laws of England and Wales govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles.
23. GENERAL 23.1 Severability Subject to Section 21.3 above, if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. 23.
this Agreement were not specifically enforced, and therefore you agree that Activision shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Activision may otherwise have available to it under applicable laws. 23.7 Activision Entities Activision Publishing, Inc. is located at 3100 Ocean Park Blvd.
This Agreement constitutes the entire agreement and understanding between you and Activision, and supersedes any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein. SUPPLEMENTAL TERMS – GERMANY, FRANCE, SPAIN. The following Sections below supersede and replace the corresponding Sections above for users who are domiciled in and and/or acquired and use the Product from the Germany, France or Spain. Section 6.
In addition, Products that may be accessed from, displayed on or linked to from a Device are not available in all languages or in all countries. (i) Activision, and its licensors, reserve the right to change, suspend, remove, or disable access to any Product at any time without notice if for commercial reasons such as insufficient users or technical limitations or operational issues and (ii) Activision will not be liable for the removal of or disabling of access to any Product due to such reasons.
