The Software License and Service Agreement will be updated. Please follow this link [https://www.activision.com/legal/ap-eula] in order to see these changes.
November 8, 2022
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 4
YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE SOFTWARE.IN CASE OF DISCREPANCIES BETWEEN THE ENGLISH TEXT VERSION OF THIS AGREEMENT AND ANY TRANSLATION, THE ENGLISH VERSION SHALL PREVAIL.
PRODUCT LICENSE AND SERVICE AGREEMENT (the "Agreement")
You agree that your use of this Activision website, application ("App"), account, product, service or other property (including Service and/or Service Provided Content as defined below), including any patches, updates, and downloadable content associated with any App or other software (collectively "Product" or "Products"), shall be subject to the terms of this Agreement.
All rights not expressly granted to you are reserved by Activision and its licensors.
A. In order to use certain Products you may be required to:
meet minimum age requirements - see Sections 1 and 10
agree to Third Party Terms - see Section 15
open an account operated and provided by Activision - see Section 10
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. Activision makes no warranty that the Product can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a "Device", or in the plural, "Devices"), by means of any specific Internet or other connection provider, or in all countries.
YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE PRODUCT.
A. 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 non-transferable. You may not rent, lease, lend, sell, redistribute or sublicense the Product. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application). You may not remove or alter Activision's or its licensors trademarks or logos, or legal notices included in the Product or related assets. Any attempt to use the Product in breach of the terms of this Agreement is a violation of the rights of Activision and its licensors. The terms of this Agreement will govern any upgrades provided by Activision that replace and/or supplement the Product, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.
B. If the Product is an App then unless expressly authorized by Activision in writing installation and use is restricted to an authorized Device; and you are prohibited from making a copy of the App available on a network where it could be used or downloaded by multiple users.
C. The license rights granted to you herein are also subject to the limitations set forth below. Any use of the Product in violation of these limitations is a serious violation of the Agreement, subjects you to immediate termination of your license and, if you are a resident outside North America, additional consequences set out in Section 14(B)(iii), and will be regarded as an infringement of Activision's copyrights and other rights in and to the Product. You agree that you will not, under any circumstances:
i. use, develop, host or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Product, or engage in any form of cheating, boosting, or booting;
ii. exploit or reverse engineer the Product (or any of its parts), for any commercial purpose, including without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Activision; (b) for gathering in-game currency, items or resources for sale outside the Product; (c) performing in-game services in exchange for payment outside the Product, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Product materials, access, or rights;
iii. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Product;
iv. except as authorized by Activision in writing, host, provide or develop matchmaking services for the Product, or intercept, emulate or redirect the communication protocols used by Activision in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
v. facilitate, create or maintain any unauthorized connection to the Product, including without 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;
vi. violate any applicable law or regulation in connection with your use of Product;
vii. disrupt or assist in the disruption of: (i) any computer, device or server used to support the Product; or (ii) any other player's use of a Product;
viii. interfere or attempt to interfere with the operation of the Product in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses or time bombs; or
ix. reproduce, distribute, display, transfer or use any part of the Product except as expressly authorized by Activision; or
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and use the Product in the United States. In the United States, this Agreement is governed by the Federal Arbitration Act (“FAA”) and federal arbitration law. These provisions may also apply to you if you are domiciled in and/or acquired and use the Product from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.
Initial Dispute Resolution: Activision's Customer Support department is available at https://support.activision.com/ to address any concerns you may have regarding the Product. Most concerns are quickly resolved in this manner to our customers' satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and Activision agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If Activision has a Dispute with you, it will send notice of that Dispute to your billing address and email address you have provided to us. If you have a Dispute with Activision, you must notify us in writing at the following email address: firstname.lastname@example.org, using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include your name, the screen name and/or email address associated with your player account, and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell Activision what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Activision later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and Activision agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and Activision authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on this Agreement and the notice of Dispute (if any) that you or Activision provided before commencing arbitration.
Binding Arbitration: If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception applies as stated below. Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the Notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.
Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. For residents outside the United States, arbitration shall be initiated in Los Angeles County, California, and you and Activision agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Activision, and any award of the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.
If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and Activision agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
Class Action Waiver: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND ACTIVISION AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
If any provision in Section 4 of this Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Section 4 of this Agreement (but only Section 4) shall be null and void.
Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Product under this Agreement. Such claims are subject to the jurisdiction and applicable law provisions in Section 5.
Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
Exception – Mass Arbitration Before FedArb: Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in this Agreement. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and we agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/. Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed by FedArb. You and Activision agree that if either party fails or refuses to commence the Mass Arbitration before FedArb rather than JAMS, you or Activision may seek an order from JAMS compelling compliance and directing administration of the Mass Arbitration before FedArb. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed.
30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Section 4 by sending written notice of your decision to opt-out to the following email address: email@example.com, using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of purchasing the Product (or if no purchase was made, then within 30 days of the date on which you first access or use the Product and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 4. If you opt-out of these arbitration provisions, Activision also will not be bound by them.
The Product is made available subject to the terms of this Agreement. If you acquired and use the Product from:
A. For residents in the United States, Mexico or Canada, then any claims or requests for relief arising out of this Agreement (including interpretation, claims for breach, and all other claims or requests for relief (including consumer protection, unfair competition, and tort claims)) will be subject to the laws of the State of Delaware, without reference to conflict of laws principles. If any court or arbitrator determines that the "Class Action Waiver" paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims or requests for relief (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you obtained or bought the Product that was subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims or requests for relief that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable. Nothing in this paragraph shall preclude you or Activision from removing to federal court a case originally filed in state court, if federal court jurisdiction exists. To the fullest extent permitted by law, any claim or request for relief in a demand for arbitration filed pursuant to Section 4 of this Agreement, as well as any claim or request for relief in a lawsuit filed in court under an exception to the arbitration agreement in Section 4, shall be barred if filed more than two (2) years after the date that the claim or request for relief accrued.
B. For residents in the European Union and the United Kingdom, then 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. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the European Union country (e.g., the French Republic, or the Federal Republic of Germany) or the United Kingdom in which you acquired and use the Product. In addition, with respect to jurisdiction, you may choose either the courts of the country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Product, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.
C. For residents in Australia or Japan, then the laws of Australia govern the interpretation of this Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you acquired and use the Product (being either Australia or Japan). To the extent permitted by applicable law, you agree to the jurisdiction of the courts of New South Wales, Australia.
D. For residents in the Rest of the World, if you acquired and use this Product from countries other than those listed in sections A, B and C above, then you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold harmless Activision from any and all claims, loss, injury, damage, or costs arising from your use of the Product to the extent permitted by applicable law. No warranty or representation is made by Activision that the Product or any use of the Product outside of the countries listed in sections A, B and C above complies with any applicable local law. Further your use of the Product and all claims arising out of or related to the Product or this Agreement will, to the extent permitted under applicable law, be subject to the laws of England and Wales, without reference to conflict of laws principles and you consent to the jurisdiction of the courts of England and Wales.
To the extent permitted by applicable law, you and Activision agree to waive rights to a trial by jury.
E. Contracting Parties
For residents in the United States, Mexico, or Canada, you are contracting with Activision Publishing, Inc., 2701 Olympic Blvd., Building B, Santa Monica, CA 90404.
For residents in EMEA (Europe including United Kingdom, Middle East and Africa, Russia), you are contracting with Activision Blizzard UK Ltd, The Ampersand Building, 178 Wardour Street, London, United Kingdom, W1F 8FY
For residents in LATAM (excluding Mexico), when using the Product on:
- the Battle.net platform as well as any Nintendo platforms, you are contracting with Activision Publishing, Inc. of 2701 Olympic Blvd., Building B, Santa Monica, CA 90404
- any other platforms (including Sony and Microsoft Xbox console platforms or through a mobile device), you are contracting with Activision Blizzard International LLC of 2701 Olympic Blvd., Building B, Santa Monica, CA 90404
For residents in Korea, (except when using the Product through a mobile device which is excluded) you are contracting with Blizzard Entertainment Limited of 15F, Parnas Tower, 521, Teheran-ro, Gangnam-gu, Seoul, Korea
For residents in APAC (excluding Korea), when using the Product on:
- the Battle.net platform as well as any Sony and/or Nintendo platforms, you are contracting with Activision Publishing, Inc. of 2701 Olympic Blvd., Building B, Santa Monica, CA 90404
- a mobile device (except in the following territories which are excluded: Hong Kong, Macau, and Taiwan, South Korea, Vietnam, Thailand, Malaysia, Indonesia, Philippines, Singapore, Laos, Brunei, Myanmar, Cambodia, and East Timor) you are contracting with Activision Blizzard International LLC of 2701 Olympic Blvd., Building B, Santa Monica, CA 90404
- any other platforms (including Microsoft Xbox console platforms), you are contracting with Activision Blizzard International LLC of 2701 Olympic Blvd., Building B, Santa Monica, CA 90404.
A. The Product may include message boards, content sharing features, and other means by which you and other users may share content that you create ("UGC"). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Activision a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that Activision shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC.
B. 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.
C. You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person's rights, including, without limitation, any privacy rights and/or so-called "moral rights"; and (ii) its use 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. You are responsible and liable for any UGC you place on or through the Product, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own UGC to the Product; do not upload anyone else's UGC.
D. Activision has no obligation to monitor, approve, verify, or prescreen any UGC that you and other users may contribute to or through the Product. Activision reserves the right (but has no obligation) to remove, block, edit, move or disable UGC for any reason in Activision's sole discretion. To the maximum extent permitted by applicable law, Activision does not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold Activision liable for any loss or damage arising from the contents of any UGC (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
E. Listed below are some, though not all, serious violations that may result in Activision terminating or suspending your access to the Product and/or restricting your ability to access and/or post UGC and, if you are a resident outside North America, additional consequences set out in Section 14(B)(iii). You agree not to do any of the following actions while using the Product:
i. Harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
ii. Transmit any UGC that Activision considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable;
iii. Impersonate any person or entity, including but not limited to Activision;
iv. Disrupt normal Product functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Product experience;
v. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
vi. Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Product;
vii. Post multiple posts of the same content (e.g., "spam"); or
viii. Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.
F. ACTIVISION DOES NOT ENDORSE, OR GUARANTEE THE ACCURACY, EFFICACY OR VERACITY OF, ANY UGC GENERATED BY USERS.
G. Some Products may permit you to share certain information about yourself with the public, including people who may not be registered users of the Product, and the public may access and use that information and associate it with you. You acknowledge and confirm that you have no expectation of privacy when using such Product features, including without limitation, uploading or submitting UGC; comparing your statistics, personal bests and leaderboards against other users; searching for other users by username; discovering events that other users have signed up for, and linking to social media accounts that publicly display user information. See Section 10.E below for further details.
A. 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.
B. Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. Â§ 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.
C. To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:
A. Your name, address, telephone number, and email address;
B. A description of the copyrighted work that you claim has been infringed;
C. The exact URL or a description of where the alleged infringing material is located;
D. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
F. A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Activision Publishing, Inc.
2701 Olympic Blvd., Building B, Santa Monica, California 90404
Attn: Activision Business and Legal Affairs
Fax: (310) 255-2152
G. Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. YOU SHOULD NOT REVEAL YOUR ACCOUNT PASSWORD TO OTHERS.
You affirm that you are at least the age specified in any applicable age rating or restriction specified for the Product, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement, and to abide and comply with this Agreement.
C. PARENTS AND GUARDIANS
You agree that you will be responsible for all uses of the account by your child whether or not such uses were authorized by you.
D. SOCIAL MEDIA
E. USERNAMES AND GROUP DESIGNATIONS:
Depending on which Product and platform or Devie you are using, your username on the platform may be your username in the Activision account. Additionally, some Activision accounts may allow users to form different "clans", "squads", "teams", or other groups (collectively "groups") with unique group names. When you choose a username or a group name, or otherwise create a label that can be seen by other users, you must abide by the following guidelines as well as the rules of common decency. If Activision finds such a name to be offensive or improper, it may, in its sole and absolute discretion, change or remove the name, and/or suspend or terminate your use of the service and, if you are a resident outside North America, apply additional consequences set out in Section 14(B)(ii). In particular, you may not use any name:
i. Belonging to another person with the intent to impersonate that person, including without limitation any Product administrators or any other employee or agent of Activision;
ii. That incorporates vulgar language or which is otherwise offensive, defamatory, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable;
iii. Belonging to any religious figure or deity;
iv. Related to drugs, sex, alcohol, or criminal activity;
v. That is subject to the rights of any other person or entity without written authorization from that person or entity;
vi. That belongs or refers to a popular culture figure, celebrity, media personality, icon or persona;
vii. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not.
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.
To the fullest extent permitted by applicable law, you are responsible for all use of your account. You must notify Activision immediately of any unauthorized use of your username, password, account information, or any other breach of security that you become aware of relating to your Account. Such notification should be made via the Customer Support web page at www.support.activision.com.
B. Activision does not recognize the transfer of accounts or Service Provided Content. You may not purchase, sell, resell, lend, rent, gift, trade or otherwise transfer any account or Service Provided Content, or offer to purchase, sell, resell, lend, rent, gift, trade or otherwise transfer any Product account or materials, and any such attempt shall be null and void.
C. Upon termination of any Account, the Agreement, or license, you acknowledge and agree that, to the fullest extent permitted by applicable law, you shall retain no access or control over any aspect thereof.
A. Communications made using a Product should not be considered private. Activision may monitor and/or record your communications (including without limitation chat text or voice communications) when you are using a Product, and you hereby provide your irrevocable, express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any UGC or communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information.
If you have a complaint regarding the Product or desire further information on use of a Product, visit Activision's Customer Support web pages at support.activision.com.
The license granted under this Agreement is effective until terminated by you or Activision. Upon termination of the license, You shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
A. FOR RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM:
Your rights under this Agreement will terminate automatically without notice from Activision if you fail to comply with any term(s) of this Agreement or applicable Third Party Terms.
Activision reserves the right to terminate this Agreement without cause on immediate written notice.
Nothing herein limits Activision's rights to suspend, terminate or delete any account.
ACTIVISION MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. For purposes of explanation and not limitation, many account suspensions, terminations and/or deletions may be the result of violations of this Agreement.
B. FOR RESIDENTS IN THE EUROPEAN UNION AND UNITED KINGDOM:
IF YOU THINK THAT SUCH DECISION WAS TAKEN WRONGLY, YOU CAN CONTACT ACTIVISION AT support.activision.com. IF ACTIVISION CANNOT RESOLVE YOUR COMPLAINT AND YOU ARE A RESIDENT OF THE EUROPEAN UNION, YOU CAN USE THE ONLINE DISPUTE RESOLUTION PLATFORM SET UP BY THE EUROPEAN COMMISSION WHICH YOU CAN ACCESS AT http://ec.europa.eu/odr. If you are resident in Germany, the terms in Appendix 1 will apply to you instead of Section B(i).
The Product may enable, or require, access to other third party materials, services or web sites ("Third Party Materials"). Use of Third Party Materials may require additional terms of service.
You understand that by using any Third Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable. You agree (i) to use Third Party Materials at your sole risk; (ii) that Activision shall not have any liability to you for Third Party Materials; (iii) Activision is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Third Party Materials are provided solely as a convenience to you.
Applicable third parties (such as your console account, mobile phone, or internet access account provider) may also impose limits on the use of or access to certain Products, in any case and without notice or liability. You agree that Activision shall not be liable for any acts or omissions of such third parties.
A. WARRANTY DISCLAIMER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND ACTIVISION DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PRODUCT CONTENT WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVISION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
RESIDENTS IN THE EUROPEAN ECONOMIC AREA: CERTAIN STATUTORY CONFORMITY WARRANTIES MAY BE APPLICABLE TO YOU UNDER YOUR LOCAL LAW AND NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS. YOUR LOCAL LAWS MAY PROVIDE YOU WITH A LEGAL GUARANTEE THAT THE PRODUCT WILL BE IN LEGAL CONFORMITY AT THE TIME OF SUPPLY AND DURING THE LIFE OF THIS AGREEMENT WITH YOU. UNDER THIS LEGAL GUARANTEE, WE WILL BE LIABLE FOR LACK OF CONFORMITY OF THE PRODUCT AND YOU MAY HAVE A RIGHT TO, UNDER YOUR LOCAL LAWS: (A) HAVE THE PRODUCT BROUGHT BACK INTO CONFORMITY; OR (B) RECEIVE A PROPORTIONATE REFUND AND/OR TERMINATE THE AGREEMENT. PLEASE CONTACT ACTIVISION FOR FURTHER INFORMATION. IF YOU ARE RESIDENT IN FRANCE, THE TERMS IN APPENDIX 2 (SECTION C) APPLY TO THE STATUTORY GUARANTEES OF THE PRODUCT.
AUSTRALIA: YOU HAVE CERTAIN STATUTORY GUARANTEES UNDER AUSTRALIAN CONSUMER LAW AND NOTHING IN THE AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS. PRODUCTS THAT YOU HAVE PURCHASED COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN CONSUMER LAW: YOU ARE ENTITLED TO A REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE: YOU ARE ALSO ENTITLED TO HAVE GOODS REPAIRED OR REPLACED IF GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
B. LIMITATION OF LIABILITY.
i. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT PREJUDICE TO STATUTORY CONFORMITY WARRANTIES THAT MAY APPLY TO YOU UNDER YOUR LOCAL LAWS, NEITHER ACTIVISION NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE PRODUCT INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL ACTIVISION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ii. IN NO CASE SHALL ACTIVISION'S LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
iii. IMPORTANT INFORMATION RELATING TO WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF 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.
iv. Member States of the European Union: subject to Section 5, Activision shall be liable in accordance with statutory law in cases of its (a) intentional misconduct; (b) gross negligence; (c) breach of applicable Product Liability Acts. Without limiting the foregoing, Activision may only be liable for modest levels of negligence in cases of a breach of a "material" contractual obligation under the Agreement, the breach of which would jeopardize the purpose of the Agreement. In such circumstances, Activision's liability will be limited to typical and foreseeable damages: in other circumstances Activision shall not be liable for acts of modest negligence.
FOR INDIVIDUALS VALIDLY ACQUIRING AND USING THE PRODUCT FROM A MEMBER STATE OF THE EUROPEAN UNION NOTHING SHALL EXCLUDE ACTIVISION'S LIABILITY FOR DEATH OR PERSONAL INJURY AS A RESULT OF ITS NEGLIGENCE.
You agree to indemnify, defend and hold harmless Activision and its affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers and licensors ("Indemnified Party", and collectively the "Indemnified Parties") from and against any claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with (i) any breach by you of the Agreement, and/or (ii) your posting or uploading any UGC.
Activision reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Activision's defense of such claim.
ou bear all risk of loss for accessing or completing the download of any Product and for any loss of any Product that you have accessed or downloaded, including any loss due to a file corruption or Device crash.
Any Product may be available for limited periods of time, and/or subject to other access restrictions (including for example, possession of other specific Product(s) for access or use). Products may become unavailable due to potential content provider licensing restrictions or other reasons; unless otherwise required by applicable law, Activision will not be liable to you if any Product is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
Except as otherwise set forth herein and/or as otherwise required by applicable law, Activision does not guarantee that any particular Product or Service Provided Content will be available at all times or at any given time or that Activision will continue to offer the Product or Service Provided Content for any particular length of time.
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.
FOR RESIDENTS OUTSIDE THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM:
Activision may change and update the Product or 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 online Product features in its 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.
To the fullest extent permitted by applicable law (i) Activision, and its licensors, reserve the right to change, suspend, remove, or disable access to any Product at any time without notice, and (ii) Activision will not be liable for the removal of or disabling of access to any Product.
FOR RESIDENTS IN THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM:
Activision and its licensors may change the Product or Service Provided Content at any timein order to, for example: (A) ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements; (B) perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements, (C) update or upgrade the Product including updating the structure, design, or layout of the Product; (D) ensure the security of the Product; and (E) to combat against illegal and/or harmful activities and the use of unauthorized programs or other activities which breach this Agreement. We will not be liable for any malfunction or error to the Product or Service Provided Content caused by your failure to install an update where we have informed you of the consequences of not installing the update.
If these changes affect you negatively in a more than minor manner, we will provide you with notice of such changes. If you don’t agree to these changes, you will be able to terminate your license within 30 days from the date of any notice we provide or 30 days from when the change comes into effect, whichever is later. You may contact Activision to terminate license and discuss refund options for any Product or Service Provided Content paid for but not received. Please visit support.activision.com for more information. If you do not refuse the changes or terminate the Agreement within the stated time period, we will take that as your acceptance of the changes. If you are resident in Germany, the specified terms in Appendix 1 will apply to you instead.
Activision makes no warranty or representation regarding the availability of online Product features and reserves the right to modify or discontinue online Product features in its discretion with reasonable 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.
All title, ownership, and intellectual property rights in and to the Product (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Activision and/or Activision's licensor(s). The Product is licensed, not sold, for your use. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights in the Product.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THIS AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY PRODUCT OR SERVICE PROVIDED CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PRODUCTS AND SERVICE PROVIDED CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ACTIVISION AND ITS LICENSORS.
You agree that all Products and Third Party Materials contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use. No portion of the Products or Third Party Materials may be reproduced in any form or by any means other than as permitted under applicable license.
YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING A PRODUCT FROM YOUR DEVICE.
A. Payment Options / Third Party Billing Partners. You may pay for certain Products and Service Provided Content using the methods made available to you, and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by console, platform, system or Device that you use to access the Product or Service Provided Content.
B. By paying for a Product or Service Provided Content you (i) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; (ii) authorize the party charging you for the Product or Service Provided Content to take payment from you for the Product or Service Provided Content, using the payment method you have selected.
FOR RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM:
Except for Section 4 (Binding Arbitration and Class Action Waiver), Activision reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice, and by any means, including without limitation by posting notification on any Product website, by email, through a patch process, pop-up screen or in-Product notice. Your continued use of the Product following any revision to this Agreement constitutes your acceptance of any such changes. Additionally, you may be asked to affirmatively accept updates to this Agreement from time to time. Note that if you do not affirmatively indicate your acceptance when requested, you may not be able to continue to use the Product or Service Provided Content. In relation to Products and Service Provided Content you have paid for, if you do not wish to accept a change to the Agreement, please stop using the Product or Service Provided Content and contact Activision for refund options.
FOR RESIDENTS IN THE EUROPEAN UNION AND THE UNITED KINGDOM: FROM TIME TO TIME, ACTIVISION MAY MODIFY, ADD TO, SUPPLEMENT OR DELETE THE TERMS OF THIS AGREEMENT, FOR INSTANCE IF THERE IS A CHANGE TO ITS PRODUCTS AND SERVICES, TO IMPROVE PLAYERS’ SAFETY OR IN CASE OF CHANGE IN APPLICABLE LAWS. IF ACTIVISION SUBSTANTIALLY CHANGES THE TERMS OF THIS AGREEMENT, ACTIVISION WILL NOTIFY YOU IN ADVANCE BEFORE THE NEW TERMS OF THIS AGREEMENT COMES INTO EFFECT AND YOU WILL BE ASKED TO ACCEPT THOSE CHANGES TO CONTINUE TO USE ACTIVISION PRODUCTS AND SERVICES. YOU WILL HAVE THE OPTION TO REFUSE THE AMENDED AGREEMENT, BUT IF YOU DO YOU WILL NO LONGER BE ABLE TO USE ACTIVISION PRODUCTS AND SERVICES. THE LATEST VERSION OF THE AGREEMENT IS AVAILABLE ON OUR WEBSITE http://support.activision.com/license, SO WE ADVISE YOU TO CHECK WHETHER THE TERMS OF THE AGREEMENT HAVE BEEN UPDATED EACH TIME YOU USE ACTIVISION PRODUCTS AND SERVICES. CHANGES TO THE TERMS OF THIS AGREEMENT WON’T AFFECT YOUR RIGHTS, WILL NOT SUBSTANTIALLY CHANGE THE CONTRACTUAL BALANCE BETWEEN YOU AND ACTIVISION AND WILL NOT HAVE RETROACTIVE EFFECTS.
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.
Except as otherwise stated 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.
C. Assignment and Transfer
We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
You consent to Activision providing you notifications about the Product or information the law requires us to provide via email to any address that you specified if you were required to register for the Product. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Product. For Products that do not require you to register or provide an email address, notices and other information may be made available in updates to this Agreement.
E. Force Majeure
Activision shall not be liable for any delay or failure to perform resulting from causes outside Activision's reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Activision's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Equitable Remedies
In the event that you breach this Agreement, you hereby agree that Activision would be irreparably damaged if 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.
G. Export and Commercial Items
You may not use, access, download, or otherwise export, reexport, or transfer the Product in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Product in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the in connection with an end-use prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
The Product and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
H. Entire Agreement
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 – APPLICABLE TO RESIDENTS OF GERMANY
The following Section below supersedes and replaces the corresponding Section 14 (‘Termination’) with respect to sub-section B(i):
ACTIVISION MAY TERMINATE THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AND/OR SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT IF YOU SERIOUSLY VIOLATE THIS AGREEMENT. WE WILL NOTIFY YOU IN ADVANCE IF WE DECIDE TO TERMINATE OR SUSPEND THE LICENSE, UNLESS WE ARE TERMINATING OR SUSPENDING IT TO COMPLY WITH A LEGAL OBLIGATION WHICH DOES NOT INCLUDE A PRIOR NOTICE OBLIGATION. WE WILL RESTORE THIS LICENSE IF YOU HAVE GOOD CAUSE TO BELIEVE OUR ACTIONS WERE NOT SUFFICIENTLY JUSTIFIED. SERIOUS VIOLATIONS ARE VIOLATIONS OF IMPORTANT PROVISIONS WHICH INCLUDE SECTION 3(C)(i)-(iv) AND 8(E) OF THIS AGREEMENT, REPEATED VIOLATIONS OF OTHER PROVISIONS OF THIS AGREEMENT (INCLUDING FURTHER NON-COMPLIANCE WHERE YOU HAVE ALREADY RECEIVED A PRIOR WARNING).
IF YOU THINK THAT SUCH DECISION WAS TAKEN WRONGLY, YOU CAN CONTACT ACTIVISION AT support.activision.com.
The second paragraph of the sub-section ‘For the residents of the European Economic Area’ of Section 19 shall be replaced with the following paragraph:
If these changes affect you negatively in a more than minor way, we will give you at least six weeks’ advance notice of the change and you will have 30 days from our notice of the change or from when the change comes into effect (whichever is later) to reject the changes and terminate the Agreement. You may also be able to receive a proportionate refund for any Product or Service Provided Content paid for but not received. Please visit support.activision.com for more information. If you do not reject these changes or terminate the Agreement within the stated time limit, we will take that as your acceptance of the changes.
The sub-section ‘For residents of the European Union and the United Kingdom’ within Section 22 shall be replaced with the following paragraphs:
From time to time, Activision may need to amend this Agreement if there is a good reason for the change and the changes reasonably take into account the interests of both parties, for example to reflect or include new products or services, and to enhance security for users or because of changes in the law, but we will not modify the terms to change our main obligations to you. If Activision makes a change to this Agreement, we will inform you of the particular changes in advance of the changes coming into force, and you will have at least six weeks (starting from our notice to you) to indicate whether you accept the amended Agreement. If you don’t tell us that you object to the changes within the time period set out above, you shall be deemed to have accepted these changes (i) unless you have notified us of your objection to such changes within the stated six weeks, or (ii) if you use the Product after the changes have entered into force. In the notification, we will inform you of your right to object, the applicable notice period and the legal consequences of a failure to object.
The latest version of this Agreement will always be available on our website, so we recommend that you check for updates to this Agreement each time you use the Product. Changes to the Agreement shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under this Agreement and shall not have retroactive effect.
Right of Withdrawal
You have the right to withdraw from this Agreement within 14 calendar days without giving any reason.
The withdrawal period will expire after 14 calendar days from the day of the conclusion of the Agreement.
To exercise the right of withdrawal, you must inform us (Legal Team, Activision Blizzard UK Ltd of The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom) contact details available at www.support.activision.com of your decision to withdraw from the Agreement by an unequivocal statement (e.g. a letter sent by post, or e-mail). You may use the model withdrawal form attached hereafter, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from the Agreement, we shall reimburse to you all payments received from you under this Agreement, including the costs of delivery if applicable (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services under an Agreement during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from that Agreement, in comparison with the full coverage of these services under the Agreement.
You lose your right of withdrawal, insofar as the Agreement is a service contract, after the service has been fully performed and if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the service has been fully performed by us.
You lose your right of withdrawal insofar as the Agreement comprises the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
Based on the above, you understand that by purchasing Service Provided Content, you consent that we make available these Service Provided Content to you directly after we have accepted your order. You will lose your right of withdrawal once the Service Provided Content has been made fully available to you by us. However, your right of withdrawal is not lost if you purchase Virtual Goods that are granted to you for a certain period of time (e.g. time-limited premium memberships).
(Complete and return this form only if you wish to withdraw from this Agreement. We also strongly recommend that you submit this form to the retailer or platform partner (with the relevant information about them filled out below) who you purchased the Product from in order to withdraw from the Agreement.)
To Legal Team, Activision Blizzard UK Ltd of The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom:
I/We hereby give notice that I/We withdraw from my/our contract for the purchase of the following goods/ the provision of the following services:*
(*) Delete where appropriate.
French law grants you as consumers the following statutory rights and guarantees in relation to the Product. Activision will therefore offer you the protection granted by law under the legal warranty of conformity provided by articles L. 224-25-12 to L. 224-25-26 of the French Consumer Code. Activision is liable for supplying digital contents and services that comply with the Agreement and with the objective and subjective criteria set out by the law. Regarding one-off supply, Activision is accountable for any non-conformity that exists at the time of supply and which becomes apparent within two years of supply. Regarding digital content or service supplied on a continuous basis, Activision is accountable for any non-conformity which becomes apparent during the period in which it is supplied under the Agreement. We are also accountable, within the same time limits, for any non-conformity resulting from the incorrect integration of the digital content or service into the consumer's digital environment where this has been done by us or under our responsibility, or where the incorrect integration by the consumer is the result of deficiencies in the instructions provided by us. For the 12 month period following the supply of the Product, the consumer will not be required to prove the existence of the defect. In the event of lack of conformity, the consumer shall be entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or to cancel the contract under the conditions set out in the French Consumer Code.