ELECTRONIC ARTS
USER AGREEMENT
LAST UPDATE: May 17th, 2018
Welcome to EA.
This Agreement governs access to and use of the software products, such as disc or downloaded game software offered by EA and its subsidiaries ("EA"), and related updates, upgrades and Functions and services offered by EA, functions, content and websites for online and mobile use and / or live events by or in connection with EA (together “EA Services”).
This Agreement is between you and EA's legal entity listed in Section 13B below.
BY CLICKING “I AGREE” (OTHER SIMILAR) YOU AGREE TO THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE EA SERVICES.
Table of Contents
EA-Konto
License
Content and permissions
Availability of EA services and updates
Your UGC
behaviour rules
PC products
Termination and Other Sanctions
Use of data
Other software, utilities, and tools
third
EA‘s liability
Terms of Service
Changes to this Agreement
Additional terms for PlayStation®
1. EA-Konto
You must have an EA Account to access and use EA Services, including to play online.
To create an EA Account, you must have an email address and provide truthful and complete information.
You must be authorized to use the EA Services for which you are registering and be resident in a country that permits use of the EA Services.
You must be at least 14 years old (or the minimum age in your country of residence) to create an EA Account.
If you have reached the respective minimum age but are not yet 18 years old (or have not yet reached the legal age of majority in your country of residence), a parent or legal guardian must go through the agreement with you.
Parents and legal guardians are responsible for supervising the actions of children under the age of 18 while using the EA Services.
EA recommends that parents and guardians familiarize themselves with the parental controls on the devices they leave with their children.
You are responsible for all activities carried out from your EA Account.
Your EA Account may be suspended or terminated in accordance with Section 8 if it is being used by someone else to perform any act in violation of this Agreement.
You can cancel your EA account at any time.
You can also cancel a subscription to a specific EA service at any time.
To cancel your EA Account, please contact EA Customer Service at https://help.ea.com/de/.
For the processing of your request, EA may, to the extent permitted by law, levy fees or cost contributions and demand reimbursement of amounts owed by third parties or content providers.
2. License
Subject to compliance with the terms of this Agreement, EA grants you a personal, temporary, non-transferable, revocable and non-exclusive license to use the EA Services to which you have access for your non-commercial use.
Access to or sublicensing, rental, lending or other distribution of EA services, content or entitlements (as defined below) is only permitted with the express authorization of EA or as permitted by law.
Copying, reverse engineering, or attempting to extract or otherwise use the source code or other data from EA Services is only permitted with the express authorization of EA or as permitted by copyright and related rights law.
EA or its licensors own and reserve all other rights, including all rights, proprietary rights and claims to use the EA Services and related intellectual property rights.
3. Content and permissions
The EA services include content and permissions.
The content includes software, technology, text, forum posts, chat posts, profiles, controls, messages, links, emails, music, sound, graphics, images, videos, code and any products of audiovisual or other origin made under the EA -Services appear or are attributable to them.
The design and appearance of our websites are also part of the content of the EA services.
The content also includes user-generated content ("UGC").
UGC includes EA Account personas, forum posts, profile content, and other content that users contribute to the EA Services.
All Content is either owned by EA or its licensors, or has been licensed to EA and its licensors in accordance with Section 5 below.
Authorizations are rights that EA grants you to access or use the online or offline elements of the EA Services.
Authorizations include, for example, access to digital or unlockable content with additional or extended functions (including multiplayer services); Subscriptions; virtual wealth; the activation of keys or codes, serial codes or online authentication; In-game performance; virtual points, coins or currencies.
These virtual points, coins or currencies are collectively referred to as "EA Virtual Currency".
When you receive EA Virtual Currency from us or our authorized partners, you receive a personal, time-limited, non-transferable, non-exclusive, revocable license to access and select permissions expressly made available to you by EA.
EA Virtual Currency has no monetary value and has no value outside of the scope of our products and services.
EA Virtual Currency cannot be alienated, traded, transferred, or converted into cash; it can only be redeemed for authorizations available for EA services.
EA virtual currency is generally non-refundable and, in particular, unused EA virtual currency will not be refunded.
Once you have redeemed EA Virtual Currency for an entitlement, that entitlement cannot be returned, exchanged or refunded.
You will provide the technology, internet connection, and fees required to access and use EA Services at your own expense.
4. Availability of EA Services and Updates
We do not guarantee that EA services, content or entitlements will be available anywhere at any time or at any given time, or that we will continue to offer certain content and entitlements for a specified period of time.
EA does not guarantee that EA Services will be accessible from any device, through any particular Internet or network provider, or in all geographic locations.
EA may update, change, or adjust an EA service, content, or permissions from time to time without prior notice.
Such updates and adjustments may be necessary for the continued use of the EA services
Updates or a reset of certain parameters by EA may be necessary to balance the course of the game and the use of EA services.
These updates or resets can be detrimental to you within the game world in question and can affect characters, games, groups or other permissions under your control.
5. Your UGC
You are responsible for your UGC.
You may not upload any UGC that violates the copyrights of third parties or statutory provisions, this agreement or third party rights or public rights.
EA may, in its sole discretion, remove, edit or deactivate UGC for any reason, including if UGC in EA's reasonable discretion breaches this Agreement.
EA assumes no responsibility or liability for UGC, for its removal, for failure to remove or for any other content.
UGC will not be pre-approved by EA and UGC available on EA Services will not be endorsed or approved by EA.
By providing UGC, you are granting EA and its licensors and licensees a nonexclusive, perpetual, transferable, worldwide, sublicensable license to use, record, store, reproduce, adapt, create derivative works, public performance, public display or other transmission, and Transmission of UGC or parts thereof in any way and form and in any medium or forum that is already known or will be developed in the future without notification, payment or donation of any kind to you or to third parties.
You continue to grant all other users who access and use your UGC on an EA Service the right to copy their UGC on or through the respective EA Service without notice, gratuity or compensation to you, adapt, exhibit, perform, create derivative works therefrom and otherwise transmit and disseminate.
6. Rules of conduct
By accessing or using EA Services, you agree,
not to violate any laws, regulations or ordinances.
Not to disrupt or disrupt EA Services or any servers or networks used to support or provide EA Services, including hacking or cracking EA Services.
not to use software or programs that damage, disrupt or interrupt an EA service or the computer or property of another person (e.g. denial-of-service attacks, spamming, hacking or uploading computer viruses, worms, Trojans, cancelbots, Spyware, Corrupted Files, and Time Bombs.
not to interfere with or interrupt other players while using EA Services.
This includes the interruption of normal game play, chats or dialogues within an EA service, for example through vulgar or harassing language, abusive behavior, excessive yelling (all in capital letters), spamming, flooding or pressing the enter key multiple times.
not to harass, insult, threaten, embarrass another player or otherwise treat them in an undesirable way, e.g. repeatedly sending them unwanted messages, attacking them personally or being derogatory to their origin, sexual orientation, religion, etc. to express.
Expressions of hate will not be tolerated.
not to contribute to UGC or to organize activities, groups or guilds, or to participate in those that are inappropriate, abusive, harassing, indecent, threatening, derogatory, suggestive, vulgar, obscene, sexually explicit, defamatory or offensive or violate the privacy of others or otherwise refused for good reason.
not to publish, post, upload or distribute any UGC or any content that is illegal or that you are not authorized to distribute freely.
Content such as B. a subject, name, screen name, avatar, persona, or other material or information that EA determines (in its reasonable and objective discretion) to be inappropriate, offensive, obnoxious, harassing, ungodly, defamatory, threatening To publish, announce, upload or distribute people despising, obscene, permissive, violent, invasive of privacy, vulgar, indecent, indecent or illegal.
Post communications for personal communication purposes only.
Not allowed messages include advertising, spam, chain letters, pyramid schemes and other forms of offers or commercial activities.
not impersonate anyone else or falsely imply that you are an employee or agent of EA.
Not to improperly use the in-game customer service or complaint button or provide inaccurate reports to EA staff.
Attempting to obtain passwords, account information, or any other personally identifiable information of any other person using EA Services.
not to use robots, spiders or other automatic means or processes to access this website for any purpose or to copy material from this website.
not to use or distribute any unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, exploits, cheats or other hacking, alteration or fraudulent software or tools .
Modify any files or other parts of the EA Service that you are not expressly authorized to modify by EA.
Not to use exploits, cheats, undocumented functions, design errors or problems in an EA service.
not to use or distribute counterfeit software or counterfeit EA content, including EA Virtual Currency.
not attempting to use any EA service on or through any service that is not controlled or authorized by EA.
Your EA Account, any access to EA Services, or any EA Content associated with your EA Account, including EA Virtual Currency and other authorizations, regardless of whether within an EA Service or on a third-party website, or in connection with a transaction outside the scope of the game, not to sell, buy, barter or transfer in any other way, or offer for transfer, unless this has been expressly permitted by EA.
Not to use an EA Service in a country in which EA is not permitted to offer such services under applicable export control laws.
not to use your own name unless an EA Service requires the creation of a “Username” or “Persona” to appear under in-game and online, and not to use any username or personas already used by someone else or which EA deems vulgar or offensive or which violates the rights of another person.
Not engaging in any other activity that significantly disrupts the peaceful, orderly, and respectful gaming environment of an EA Service.
not to use the user information publicly available in any EA service (e.g. leaderboards) for purposes unrelated to the service in question, including trying to identify such users in the real world.
not to promote, encourage, or participate in the aforementioned improper acts.
If you or another person using your EA Account violates these regulations and does not remedy this violation even after receiving a warning, EA is entitled to take steps against you, including access rights to certain or all of the EA Services , Revoke content or permissions, or terminate your EA Account as described in Section 8.
In the event of serious violations, EA is entitled to take these measures, even without prior warning.
Examples of serious violations include, but are not limited to: promoting, supporting, or operating hacker attacks without EA's consent to sell EA accounts or permissions (including virtual currency and items), extreme harassment, or threatening illegal activity .
To the extent possible, EA will notify you of the action taken as a result of violations of these Rules or this Agreement.
Certain EA Services may have additional rules of conduct that you must follow.
If you notice users who do not adhere to these rules, please inform EA of this by using the "Help" or "Report abuse" functions in the respective EA service, if available, or by using the customer service at help.ea .com / de / contact.
Remember, on an EA service, your messages and UGC are public and can be seen by others.
Your use of EA services is subject to EA's data protection and cookie policy (available at https://tos.ea.com/legalapp/WEBPRIVACY/US/de/PC/).
7. PC products
This section applies to EA Services for playing on a Personal Computer (“EA PC Products”).
To access and use EA services in connection with an EA-PC product, you must first register with the serial code that is enclosed with your EA-PC product.
Technical protective measures and copy protection mechanisms
EA uses certain technical protective measures and copy protection mechanisms to protect against piracy and unauthorized duplication or use of EA PC products.
EA-PC products use Origin online activation and, if applicable, the Denuvo copy protection technology from Sony DADC Austria AG.
You can see which games Denuvo is used for at https://www.ea.com/de-de/legal.
An internet connection, an EA account, including acceptance of this agreement and EA's privacy and cookie policy (available at https://tos.ea.com/legalapp/WEBPRIVACY/US/de/PC/), the installation Origin's client application (https://www.origin.com/en-us/about), acceptance of Origin's EULA and this Agreement, verification of the serial code of the EA-PC product, and verification of your minimum age required when starting the EA-PC product for the first time on a single device to authenticate the EA-PC product and to check your license ("Authenticate" or "Authentication").
A serial code can only be authenticated for an EA account, i.e. the EA-PC product is not transferable.
EA is entitled to check your license again as part of a subsequent online authentication.
The EA-PC product can in principle be authenticated on an unlimited number of devices, but within a period of 24 hours the EA-PC product can be started or accessed from a maximum of five individual devices.
If you try to bypass, disable, or otherwise tamper with these technical safeguards, the EA-PC product may no longer work and there is a material breach of this Agreement.
Keep your serial code safe as you may need it to install the EA-PC service on other devices.
Under certain circumstances, this technology comes into conflict with certain applications, such as debuggers, which can be used to bypass the access restrictions.
monitoring
EA uses certain technologies to identify and prevent cheating in connection with the use of EA PC products.
These are described below.
You can find out which technology is used in an EA PC product at https://www.ea.com/de-de/legal.
Punkbuster.
EA may use Punkbuster anti-cheat technology from Even Balance, Inc. You have the option to install Punkbuster during the installation of an EA PC product.
If you have Punkbuster installed and connect online to a game server that uses Punkbuster, Punkbuster will check your computer's RAM for unauthorized third-party programs running concurrently with the EA-PC product, as well as for any changes to the files of the EA-PC product to enable or facilitate it of cheating.
Unauthorized third-party programs are third-party programs or third-party files (e.g. "addon", "mod", "hack", "trainer" or "cheat") that EA believes (i) enable or facilitate cheating of any kind; (ii) allow users to modify or hack the game interface, game environment and / or game experience in a manner not approved by EA; or (iii) intercept, data-mine, or otherwise collect information from or about the Game.
When you uninstall the EA PC product, Punkbuster will be on your computer.
To uninstall Punkbuster, please run the executable file at https://www.evenbalance.com/downloads/pbsvc/pbsvc.exe.
Anti-cheat technologies from EA.
EA may use its own anti-cheat technologies.
When you connect to a game server online, these technologies are activated and scan your game, the game files associated with the EA-PC product, and your computer's RAM.
These technologies reveal cheating, unauthorized third-party programs running at the same time as the EA-PC product, and changes to the files of the EA-PC product to enable or facilitate cheating.
If any anti-cheat technology detects cheating, we may collect relevant information, including your account name, details of an unauthorized third party program and the EA-PC product change discovered, and the time and date of the detection.
If we discover that you have cheated, we are also entitled to terminate your license and your EA account in accordance with Section 8.
If you end your connection to the game server, the anti-cheat technologies will be deactivated.
Deinstallation
EA PC products can be uninstalled at any time in the game settings in the Origin client.
Certain locally stored files may remain on your computer after uninstallation.
You can delete these files manually by looking for the game name in the Documents folder on your PC or using the Finder on your Mac.
8. Termination and Other Sanctions
This Agreement will remain in effect until terminated by you or EA.
EA may terminate your access to and use of EA Services or your EA Account if EA determines that you have breached this Agreement or that there is any other unlawful, improper or fraudulent use of EA Services in connection with your EA Account has come.
If possible, EA will inform you of the termination.
Terminating your EA Account could result in the loss of your username and persona.
If you have more than one EA Account, EA is entitled to terminate all of your EA Accounts and all associated entitlements, depending on the nature of the breach or misuse.
If your EA Account is terminated, you will not have access to your EA Account or any entitlements and you may be blocked from accessing or using EA Services again.
Upon termination, your license under this Agreement will also terminate.
In lieu of termination and prior to any termination, EA may warn you, suspend or adjust your access to a specific EA Service or your EA Account, withdraw or revoke permissions at the EA Account or Device level, content that violates this Agreement violate, remove or delete, or block your device or system from accessing certain EA services.
If EA takes any of the actions outlined in this section, you will not be eligible for a refund (subject to statutory refund rights) and will not be credited or exchanged for cash or any other form of compensation.
EA can terminate an EA service at any time with thirty days' notice either by email (if available), within the EA service concerned, or on the service update page on the EA website (https: //www.ea. com / de-de / service-updates).
You will not receive software updates for our games after you cancel an online service, and we cannot guarantee that our mobile games will continue to be available for download through iCloud (or any other cloud service).
All games available via iCloud may be removed from iCloud without prior notice after an online service is canceled.
If you believe that action has been taken against your account or device in error, please contact customer service at help.ea.com/de/.
Sections 5, 8-9, 11-15 of this Agreement will apply beyond the term of this Agreement.
9. Use of data
When you use an EA Service, EA may collect and store data from your computer or device, including information about your computer or device and operating system (e.g. IP address and device ID), information about your use of the EA Services , Your game as well as usage statistics, system interactions and peripheral devices (e.g. to protect your game statistics, EA can place a randomly generated identification number in the keychain of your device.
Resetting your device will remove this identification number.)
When you use an EA service offline, this data is stored on your device and transmitted to EA when your device connects to the internet.
EA uses this information to improve software and services, to provide services to you and to communicate with you (including for marketing purposes), to provide software updates, dynamically served content and software support, to correct bugs or to otherwise improve your gaming experience.
If you use online services, EA may also collect, use, store, transmit and publicly display statistical data about the course of the game (including results, positions and performance) or identify content that is created by you and shared with other players.
Your data will be collected and used by EA Inc. in the USA in accordance with EA's data protection and cookie policy (available at https://tos.ea.com/legalapp/WEBPRIVACY/US/de/PC/), stored and transmitted.
10. Other software, utilities, and tools
EA Services may require or allow you to download software, software updates, patches or other utilities and tools from EA or its licensors to your computer, entertainment system or device.
These technologies may differ between platforms and the performance of EA Services may vary depending on your computer and other technology.
You are aware that certain updates to these technologies may be required in order to continue using the EA Services.
Some of these updates may contain blocked features or content for which you must pay an additional fee to access them.
If available updates are not installed, EA Services, including EA PC products, may no longer be played.
11. Third
Some EA Services may allow you to play on servers that are not owned or controlled by EA.
These services are not controlled by EA and EA is not responsible for your use of the EA Services on or through such services.
Such third-party services may be subject to additional or different provisions and restrictions.
EA Services may contain hyperlinks to third party websites.
It is possible that these websites collect data from you or want to obtain personal information from you.
EA does not control these websites and is not responsible for their content or their collection, use or disclosure of personal information.
12. EA's Liability
The liability of EA, for whatever legal reason, whether from the breach of contractual obligations or from a tort, is determined exclusively according to the following provisions: To the extent that EA provides the EA services for which the liability case arises free of charge, EA is exclusively liable for intent and gross negligence.
In the case of chargeable EA services, EA's liability is limited to intent and gross negligence, except in cases of injury to life, limb or health.
In these cases EA has unlimited liability.
In cases of slight negligence, EA is only liable for the culpable breach of essential contractual obligations, such as delay or impossibility of performance.Liability in the event of a breach of such an essential contractual obligation is limited to the typical damage that EA would suffer upon conclusion of this contract due to the circumstances was predictable. "
Essential contractual obligations ”in the sense of this clause are those obligations, the fulfillment of which is essential for the fulfillment of the contract and on the fulfillment of which you can rely.
EA is not liable for network disruptions for which EA is not responsible.
EA is only liable for a loss of data in accordance with the above regulations if such a loss of data could not have been avoided with appropriate security measures on the part of the user.
The foregoing limitations of liability do not apply in the event of EA assuming a guarantee, in the event of injury to life, limb or health or in the event of conflicting legal regulations.
13. General Terms and Conditions
Entire contract
This Agreement, along with all other EA Terms that govern your use of the EA Services, constitute the entire agreement between you and EA.
Failure by EA to exercise any right under this Agreement will not constitute a waiver of that right or any other right.
If any part of this contract is found to be unenforceable, all other parts of the contract will remain in full force and effect.
Applicable Law
If you live in the EEA, Switzerland, Brazil, Hong Kong, Mexico or Russia, (i) this Agreement is between you and EA Swiss Sàrl, a company with a business address registered in the Geneva Companies Register under number CH-660-2328005-8 8 Place du Molard, 1204 Geneva, Switzerland; (ii) this Agreement and your use of the EA Services are subject to the laws of your country of residence; and (iii) any claim or litigation arising out of or relating to this Agreement or the EA Services shall be submitted to the courts having jurisdiction under the laws of your country of residence.
The European Commission provides a platform for online dispute resolution (OS platform).
You can reach them at https://ec.europa.eu/consumers/odr/. Please note that EA is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but can decide to do so in individual cases.
If you reside in the Republic of Korea, (i) this Agreement is between you and EA Swiss Sàrl, a company registered in the Geneva Trade Register under number CH-660-2328005-8 with business address at 8 Place du Molard, 1204 Geneva, Switzerland; (ii) this Agreement and your use of the EA Services are governed by the laws of Korea, excluding Korean conflict of laws; and (iii) you expressly agree that the courts of Korea shall have exclusive jurisdiction over any claim or litigation arising out of or relating to this Agreement or the EA Services.
If you live in the United States, Canada, or Japan, (i) this agreement is between you and Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA; (ii) this Agreement and your use of the EA Services are governed by the laws of the state of California, excluding California conflict of laws; and (iii) you expressly agree that for any claim or dispute not subject to the following arbitration agreement, any claim or litigation arising out of or relating to this Agreement or the EA Services shall be solely governed by the state of San Mateo County, California or state courts have jurisdiction and expressly submit to the personal jurisdiction of those courts.
If you live in another country, (i) this agreement is between you and EA Swiss Sàrl, a company registered in the Geneva Trade Register under number CH-660-2328005-8 with business address at 8 Place du Molard, 1204 Geneva, Switzerland; (ii) this Agreement and your use of the EA Services are governed by the laws of the state of California, excluding California conflict of laws; and (iii) you expressly agree that for any claim or dispute not subject to the following arbitration agreement, any claim or litigation arising out of or relating to this Agreement or the EA Services shall be solely governed by the state of San Mateo County, California or state courts have jurisdiction and expressly submit to the personal jurisdiction of those courts.
The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to this agreement or to disputes arising from or in connection with this agreement.
Export
You agree to abide by applicable export control laws of the United States and other countries, and you agree not to transfer an EA Service to a foreigner or foreign country where prohibited by applicable law.
You further certify that you are not a person EA is prohibited from doing business with under these export control laws.
14. Changes to this Agreement
EA may change this Agreement from time to time, so please review it periodically.
EA Players who have accepted a version of this Agreement prior to any change will be notified of any planned changes to this Agreement by email (if any) no later than 30 days prior to the planned entry into force of the new version.
The revisions will also be made available at terms.ea.com/de.
Failure to raise an objection within 30 days of receiving this email will be deemed acceptance of the agreement.
By continuing to use the EA services, you accept the changes.
If we ask you to accept material changes to this Agreement and you decline to do so, EA may be forced to terminate this Agreement with you so that you can no longer use the EA Services provided.
In the email with the amended agreement, EA will inform you of the 30-day period, your right to reject the agreement and the consequences if you do not notify this rejection.
15. Additional terms for PlayStation®
For purchases from the PlayStation ™ Store in North America
Purchase and use of items are subject to the Network Terms of Use and End User Agreement.
This online service has been sublicensed to you by Sony Interactive Entertainment America.
For purchases from the PlayStation ™ Store in Europe
All content available for purchase from in-game stores is purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and is subject to the PlayStation ™ Network Terms of Use and End User Agreement, which can be found on the PlayStation ™ Store.
We recommend checking the usage rights for each product purchased as they may differ from case to case.
Unless otherwise stated, all content available in in-game shops has the same age rating as the corresponding game.