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, account (”Account”), peripheral, service or other property (including any Service and/or Service Provided Content (as defined below)) operated and provided to you by Activision including any patches, updates, and downloada
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.
UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS; 3 H. interfere or attempt to interfere with the operation of the Product in any way through any means or device, including without limitation launching a denial of service attack, spamming, hacking, or uploading computer viruses or time bombs; or I. reproduce, distribute, display, transfer, or use any part of the Product except as expressly authorized by Activision.
Content, as applicable, to take payment from you for the Product or Service Provided Content, using the payment method you have selected. 5 USE OF DATA 5.1 For full details about how Activision collects, stores and uses personal and other information, please see THE APPLICABLE PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT. (http://s.activision.com/privacy/privacy.html). 5.
INTO A SEPARATE LICENSE AGREEMENT PERMITTING ACTIVISION TO USE THE UGC FOR CERTAIN PROMOTIONAL, ADMINISTRATIVE, OR OTHER PURPOSES. 6.2 TO THE EXTENT THE PRODUCT PERMITS OTHER USERS TO ACCESS AND USE YOUR UGC, YOU ALSO GRANT ALL OTHER USERS OF THE PRODUCT the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Product without further notice, attribution or compensation to you. 6.
H. Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right. 6.6 Activision does not endorse, or guarantee the accuracy, efficacy or veracity of, any UGC. 7. COPYRIGHT NOTICE 7.1 Activision respects the intellectual property rights of others and expects its players and the users of its Services to do the same.
8. ACTIVISION ACCOUNTS 8.1 Registration If the Product requires you to provide registration information, all such requirements to provide information are subject to both this Agreement and Activision’s Privacy Policy, incorporated by reference herein, together with any other Third Party Terms (as defined below). You have the option of providing such information or not. However, should you choose not to provide the information, your access to the Product may be limited or unavailable.
E. that is, contains, or is substantially similar to a trademark or service mark, whether registered or not; F. belonging to any religious figure or deity; or G. related to drugs, sex, alcohol, or criminal activity. You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions. 9. SERVICE PROVIDED CONTENT 9.
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.
14. 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.
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. In addition, Products that may be accessed from, displayed on, or linked to a Device are not available in all languages or in all countries.
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.