Terms & Conditions
EFFECTIVE DATE: November 16, 2009 PLEASE READ THE FOLLOWING TERMS and the SUPPLEMENTAL TERMS CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE or WEBSITE FROM ELECTRONIC ARTS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
EA complies with the EU Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union consistent with the European Commission's Directive on Data Protection that went into effect in October, 1998.
II. EA's Site Is TRUSTe Certified
EA is a licensee of the TRUSTe Privacy and Children's Privacy Programs. TRUSTe is an independent organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. Because we want to demonstrate our commitment to your privacy, we have agreed to have our privacy practices reviewed for compliance by TRUSTe.
III. What Is Personal Information And When Does EA Collect It?
EA collects both personal and non-personal consumer information. Personal information collected by EA is discussed below in this section. Non-personal information is discussed below in Section IV.
A. Personal Information Collected By EA
Personal information is information that identifies you and that may be used to contact you on-line or off-line. EA may collect personal information from our online visitors during:Contest registration and prize acceptance;Warranty registration and requests;Customer support and/or technical service requests;Player match up and other head-to-head online competitions;Registration for games and/or special game-specific events;Newsletter subscriptions, referral services, and other marketing surveys and email campaigns;Registration for EA and/or other service accounts;Product, service and/or subscription orders;Service requests from third party service providers on our site; andOtherwise through use of our software, mobile or online services where personal information is required for use and/or participation.Information collected will vary depending upon the activity and may include your name, email address, phone number, home address, birth date, mobile phone number and credit card information. Visitors to EA Mobile may be asked to provide the name of their mobile service carrier, model of their mobile phone and a valid mobile number so that we may provide purchase instructions directly to their mobile phone. In that context, your mobile number will only be used to send you a text message with a link to download your game and will not be retained for any other purpose. Prize winners may be required to provide their Social Security or other identification number for tax purposes, and will be used only for prize fulfillment.
B. Personal Information Provided To EA By Third Parties.
If you sign up to play EA games through a PlayStation®3 system, your PlayStation®Network account information will be provided to EA so that we can establish an EA Online account for you. You need an EA Online account to play EA's titles online. By signing up to play EA's titles, you agree that limited user account information can be transferred to EA. Information transferred to EA includes your name, email address, Online ID, country, language and date of birth but does not include credit card number or other financial account information.
2. Xbox LIVE
If you sign up to play EA games through Microsoft's Xbox LIVE Service, Microsoft will provide your Xbox LIVE user account information to EA so that we can establish an EA Online account for you. You need an EA account to play EA's Xbox LIVE titles. By signing up to play EA's Xbox LIVE titles, you agree that Microsoft can transfer your user account information to EA. Information transferred from Microsoft to EA includes your name, address, email address and date of birth but does not include credit card number or other financial account information.
3. Other Information Collected From Third Parties
We may also receive other personal information from third parties in connection with the operation and distribution of our products and services as well as market and demographic studies that we use to supplement personal information provided directly by you. As with all other information, we use this data only for purposes consistent with this policy.
IV. What Is Non-Personal Information And When Does EA Collect It?
Non-personal information, alone, cannot be used to identify or contact you. EA collects non-personal information about your use of our online and mobile products and services both on our website and in the course of game play and software usage (on PC, mobile and console platforms).
A. What Types of Non-Personal Information Does EA Collect?
When you use EA online and mobile products and services or you play our games on your PC or console, we may collect certain non-personal demographic information including gender, zip code, information about your computer, hardware, software, platform, media, mobile device, mobile device ID, console ID, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection. We also collect other non-personal information such as feature usage, game play statistics and scores, user rankings and click paths as well as other data that you may provide in surveys, via your account preferences and online profiles or through purchases, for instance. We may also receive either non-personal or public information from third parties in connection with market and demographic studies that we use to supplement personal information provided directly by you.
B. How Does EA Collect Non-Personal Information?
We may also use flash cookies, also known as "local shared objects," on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Flash cookies only collect data in the aggregate. Like normal cookies, Flash cookies are represented as small files on your computer. One method of preventing Flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at www.macromedia.com.
2. Third Party Ad Serving Technology
DoubleClick, the company that serves many of the ads that appear on www.pogo.com, also collects information regarding your activities online, including the sites you visit. Other ad serving companies may also collect similar information. For more information on DoubleClick's services or to opt out of those services, please visit DoubleClick's website at http://www.doubleclick.com/us/about_doubleclick/privacy/. For more information about the practices of other large ad serving companies that may collect information based on your interaction with ads on this site and others, or to "opt out" of targeted advertising delivered by National Advertising Initiative (NAI) member ad networks, you should visit www.networkadvertising.org.
3. Clear GIFs
Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
4. Internet Log Files
EA also may maintain log files which contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our websites, to troubleshoot technical problems and to report aggregate information to our advertisers. In the event of user abuse of our websites, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. If available, IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service.
5. Analytic Metrics Tool And Other Technologies
EA also uses its own proprietary analytic metrics tool and other analytics technologies to collect non-personal information when you use our online products and services and/or play our games on your PC, console and/or mobile device. The information collected includes data about your hardware system, mobile device (if applicable), media, Internet and website usage and how your game is used, including your game statistics, feature usage and purchase history, as well as MAC Address, mobile ID (if applicable) and IP address.
V. What Happens To The Information EA Collects?
A. How EA Uses Your Information
EA uses your information to fulfill your specific requests, purchase orders and to send you purchase confirmation and other account-related information. In addition, if you choose to receive communications from us about EA products and news, the personal information you provide will allow us to send you messages about things including new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may also later opt out of this service from EA.
Otherwise, EA uses personal and non-personal information, both individually and combined together, to better understand the behavior and preferences of our customers, to troubleshoot technical problems, to enforce our Terms of Service, to ensure proper functioning of our products and services as well as to help improve them. In addition, we combine non-personal information with personal information, such as an email address, to tailor our offerings, web pages or game play experience to your preferences or interests. We will not, however, send you any such marketing emails you unless you opt in to receive them.
If you choose to use our referral service to "tell a friend" about an EA product or site, we will ask you for your friend's name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. EA stores your friend's name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose.
Your participation in tournaments or other online game events is also conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings and achievements) generated through your participation.
B. Will EA Share My Information With Third Parties?
EA will never share your personal information with third parties without your consent. We may, however, share non-personal data in the aggregate (in a form that does not personally identify you) with third parties. You may also opt in to allow EA to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner or sponsor directly.
EA does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of EA customer information may be transferred to its successor or assign regardless of age.
From time to time, EA employs third party contractors to collect personal information on our behalf to provide email delivery, product, prize or promotional fulfillment, contest administration, credit card processing, shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We ask some third party contractors, such as credit agencies or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. To enrich our understanding of individual customers, we tie this information to the personal information you provide to us.
When our third party contractors collect and/or have access to the personal information you provide to EA, EA requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by EA. These third parties are prohibited from using your personal information for any other purpose without your specific consent.
You will be notified before your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
We may also disclose personal information to law enforcement, or the appropriate civil authorities to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on EA.
VI. Where Is The Information Held?
VII. How Does EA Protect Your Personal Information?
VIII. Review, Correction Of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account
IX. A Special Note About Children
EA encourages parents to spend time online with their children. We urge parents to instruct their children to never give out their real names, addresses or phone numbers without permission when using the Internet. We recognize a special obligation to protect personal information obtained from young children. Therefore, with respect to children residing in certain jurisdictions, no information should be submitted nor posted to EA online sites by children 12 years of age or under.
If children 12 years old and under in such jurisdictions wish to participate in online activities that require or permit the disclosure of personal information, we will request that they provide their parent or guardian's email address to notify the parent, obtain prior permission or other verifiable consent from the parent or guardian as may be necessary to participate in the activities of the site. In some other jurisdictions, notification, prior written permission or other verifiable consent may be required of a parent or guardian for children from 13 to 17 years of age.
Some EA websites are especially targeted to children and may permit children to create a free account for which we collect username, password, date of birth and the parent's email address. Because an email address is necessary to respond to lost password requests and account administration, in some circumstances we may also collect the child's email address. In these instances we will send notice to the parent email address to provide an opportunity to opt-out and have the child's email address and any other details removed. Newsletter subscriptions are handled similarly.
These websites may also offer parents the opportunity to upgrade their child's account to a paid subscription that permits the child to participate in more activities on the site. These subscription services may also enable parents to manage their child's account and create new player accounts.
Most of these websites permit children to create custom avatars, or virtual cartoon-like characters, for use in various activities on the website including mini-games and virtual worlds. The child may also use other features to "Tell a Friend" about the website, send eCards or give us feedback. "Tell a Friend" and eCard features allow children to send their friends a one-time email inviting them to visit the site. We will collect your child's first name and/or email address and the friend's email address for the sole purpose of sending them this one-time email. This information is not retained or used for any other purpose and we do not share your child's email address with the recipient.
Feedback may also be provided to EA through "Tell us what you think" features or surveys. "Tell us what you think" collects the sender's email address and a brief description of their concern. Email addresses obtained through "Tell us what you think" are not used for any purpose other than to respond to the sender. If we determine that the child is under 12, we will delete their email address once we have responded to their inquiry. Survey information is anonymous.
Where chat is allowed for children, users type messages to other users in an open forum setting. In these circumstances, EA uses Safe Chat which restricts children from entering any personally identifiable information by applying a filter to allow only acceptable words and phrases in an attempt to block offensive content as well as attempts to communicate personally identifiable information to other users. Safe Chat also provides users the option of selecting pre-approved common phrases. Where chat is provided, Report Abuse links are also maintained to further enhance the safety of the site.
Under no circumstances do we condition a child's participation in an activity--like contests--on the child's disclosure of more personal information than is reasonably necessary to participate in the activity. On certain sites, we may not permit children to participate at all regardless of consent. Where consent is granted, consent is applicable only to that site. Regardless of jurisdiction, EA does not disclose any personal information about children less than 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy.
X. Public Information Including User Generated Content, Online Forums, Blogs And Profiles
You may choose to disclose information about yourself in the course of contributing user generated content to EA sites or games or in our online chat rooms, blogs, message boards, user "profiles" for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there.
You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to EA's site. Please see our Terms of Service at terms.ea.com on this point and for other guidelines about posting content on our websites.
XI. Third Party Sites.
XII. Products Offered In Partnership With Third Party(s)
XIII. Contact Information
XIV. California Residents: Your California Privacy Rights
3. Content "Content" on EA Services may include software, technology, text and other audio visual material, and the design and appearance of our websites. Content may be provided by you or third parties, including other users of EA Services. EA does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to EA Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on EA Services. EA reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in EA's sole and final discretion. To the maximum extent permitted by applicable law, EA does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content. You are solely responsible for your Content and may be held liable for Content that you post. 4. Intellectual Property Rights Content on EA Services is owned by EA or EA's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an EA Service unless you are expressly authorized to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. EA reserves all rights in EA owned and licensed Content that are not expressly granted to you in this Terms of Service. Making unauthorized copies of Content found on EA Services may result in the termination of your EA Account(s), prohibition on use of EA Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless EA from any unauthorized or illegal conduct by you, or through the use of your Account, on EA Services.
5. Contributing Third Party Content to EA Services
EA respects the intellectual property rights of others. You must have the legal right to upload Content to EA Services. You may not upload or post any Content on EA Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. EA may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of EA's or a third party's intellectual property rights, EA may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and tokens). 6. Contributing Your Own Content to EA Services; License Grant to EA and Others
In exchange for EA enabling your contribution of Content, when you contribute Content to an EA Service, you expressly grant to EA a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, 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 grant EA all licenses, consents and clearances to enable EA to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content. If the EA Service on which you contribute Content permits other users to access and use that contributed Content as part of the EA Service, than you also grant all other users of the relevant EA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant EA Service without further notice, attribution or compensation to you.
7. Paid Services
Some EA Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services visit support.ea.com.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
EA reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an EA Service, EA will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the EA Service. You are responsible for reviewing the EA Service to obtain timely notice of such changes. Your continued use of the EA Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but EA will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of EA Services is subject to use or sales tax, then EA may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit support.ea.com.
A. Payment Options. You may pay fees using the methods available for the particular EA Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by EA Service. When you provide credit card or other payment information to EA, you represent to EA that you are the authorized user of the credit card or other payment method. By agreeing to the EA Terms of Service you have agreed to permit EA to automatically renew your subscription to an EA Service by charging a valid credit card number which you have provided to EA. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than EA's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify EA if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at http://support.ea.com. If you fail to provide EA any of the foregoing information, you agree that EA may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. EA reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to EA. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit http://support.ea.com.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
B. Trial Subscriptions. For some EA Services, EA may offer a free trial subscription. If you accept a free trial subscription, EA will begin to bill your Account for that EA Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using EA Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.
C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to EA. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. 8. Termination of EA Services and Accounts EA may terminate any EA Service at any time by giving you notice of such termination within the time period specified when you joined the particular EA Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable EA Service. EA may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of EA Services, products, or EA's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, EA may terminate all of your Accounts and all related entitlements. EA may issue you a warning, or EA may immediately terminate any and all Accounts that you have established. You acknowledge that EA is not required to provide you notice before terminating your Account(s). If EA terminates your Account, you may not participate in an EA Service again without EA's express permission. To participate in an EA Service, contact support.ea.com EA reserves the right to refuse to keep Accounts for, and provide EA Services to, any individual. You may not allow individuals whose Accounts have been terminated by EA to use your Account. If your Account, or a particular subscription for an EA Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular EA Service (such as points, tokens or other digital items). 9. Cancellation of your Account You have the right to cancel your Account or a particular subscription to an EA Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use EA Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with EA, including any dispute related to, or arising out of: (1) any term of this Terms of Service or EA's enforcement or application of this Terms of Service; (2) the Content available through EA Services or any change in Content provided through EA Services; (3) your ability to access and/or use EA Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for EA Services. Contact EA's Customer Service Department at support.ea.com to cancel your Account. EA reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an EA Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with EA Services must be settled before you establish a new EA Account. 10. Rules of Conduct. You may violate the Terms of Service if you:Post, transmit, promote, or distribute Content that is illegal.Harass, threaten, embarrass, 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. Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text]. Impersonate another person (including celebrities), indicate falsely that you are an EA employee or a representative of EA, or attempt to mislead users by indicating that you represent EA or any of EA's partners or affiliates.Attempt to get a password, account information, or other private information from anyone else on EA Services. Upload any software or Content that you do not own or have permission to freely distribute.Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.Upload files that contain a virus or corrupted data.Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.Improperly use in-game support or complaint buttons or make false reports to EA staff. Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.Modify any part of the EA that EA does not specifically authorize you to modify.Post or communicate any player's real-world personal information using an EA Service.Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an EA Service.Use and communicate exploits to gain unfair advantage in a gameAttempt to use EA Software on or through any service that is not controlled or authorized by Electronic Arts.Interfere with the ability of others to enjoy playing an EA Service or take actions that interfere with or materially increase the cost to provide an EA Service for the enjoyment of all its users.Specific EA Services may also post additional rules that apply to your conduct on those services.You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use EA Services. EA reserves the right to terminate your Account and to prevent your use of any and all EA Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to EA using the "Help" or "Report Abuse" functions in the relevant EA Service. 11. Software, Utilities and Tools EA Services may require or allow you to download software, software updates or patches, or other utilities and tools from EA or its licensors onto your computer ("EA Software"). EA grants to you a non-exclusive, limited license to use EA Software solely for the purpose stated by EA at the time the EA Software is made available to you. If an End User License Agreement is provided with the EA Software, your use of the EA Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access EA Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from EA Software. You may not modify EA Software or use it in any way not expressly authorized in writing by EA. You understand that EA's introduction of various technologies may not be consistent across all platforms and that the performance of EA Software and related EA Services may vary depending on your computer and other equipment. From time to time, Electronic Arts may provide you with updates or modifications to EA Software. You understand that certain updates and modifications may be required in order to continue use the EA Software and EA Services. 12. Export Control Laws EA Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading EA Software from EA, you warrant that you are not located in any country, or exporting EA Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or EA Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to EA Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
13. Updates to EA Services IMPORTANT: EA MAY FIND IT NECESSARY TO MAKE 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. EA RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES. 14. Limitations on Warranty and Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF EA SERVICES, EA SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. EA SERVICES, EA SOFTWARE, EA'S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. EA PROVIDES EA SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE EA SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT EA WILL HAVE ADEQUATE CAPACITY FOR EA SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EA OR ITS LICENSORS IS TO STOP USING EA SERVICES, AND TO CANCEL YOUR EA ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT EA, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON EA SERVICES OR USE OF EA SOFTWARE. IN NO CASE SHALL EA OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "EA AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EA FOR EA SERVICES. IN NO CASE SHALL EA OR EA AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF EA SERVICES, EA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EA SERVICES OR ACCOUNTS.. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EA'S AND EA AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. EA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH EA AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Notwithstanding the foregoing, nothing contained in this Terms of Service 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. 15. Indemnification Upon EA's request, you agree to defend, indemnify and hold harmless EA and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through EA Services. Without limiting the generality of the foregoing, you agree to indemnify and hold EA harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of EA Services and for all of your communication and activity on EA Services, including any Content you contribute, and that you will indemnify and hold harmless EA, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on EA Services, including any Content that you contribute.
EA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to EA in that matter. This Section shall survive termination of this Terms of Service.
16. Links to Third-Party Sites
EA Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. EA does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
b. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of EA, and the remaining portions shall remain in full force and effect.
c. Waiver. The failure of EA to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by EA.
19. Additional Terms and Conditions for Specific EA Services Certain EA Services may require you to read and agree to terms and conditions that are specific to that EA Service. Your right to use that EA Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, EA will be the final and sole arbiter of any such inconsistencies. 20. Beta Tests
In its sole discretion, EA may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to EA (and to EA only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test." You must sign and return to EA a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.
In connection with the Beta Test, EA may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the EA site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of EA. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement. You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to EA, and EA is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until EA publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing. Upon request, you agree to immediately return to EA all copies of the pre-release copy and confidential or proprietary information EA provided to you. As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.
When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) EA has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) EA's Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
The PlayStation®Network Terms of Service continue to apply in their entirety and govern your conduct while accessing EA Services through the PlayStation®Network. Any conflict between the EA Terms of Service and the PSN Terms of Service and User Agreement shall be resolved in favor of the PSN Terms of Service and User Agreement.
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