UBISOFT SERVICES TERMS OF USE
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Ubisoft Services Terms of Use
Stand: 12. May 2020
"We all play by the same rules"
WELCOME TO THE UBISOFT UNIVERSE!
PLEASE READ THESE TERMS OF USE CAREFULLY
Our Ubisoft teams create authentic and unforgettable experiences for our players to have fun, share and thrive through games, apps, websites and online services (this we call our "Services").
To enable you to enjoy our services, we have created rules that apply to everything and everyone in our communities: you, other players and us.
You agree to these Terms of Service by using our Services and Content as defined below.
1 What are Ubisoft Services and Content?
This article provides a clear definition of the Services and lists the documents you should read before accessing the Services.
1.1 The Ubisoft Services (“Services”) include games, downloadable content, Season Passes and other game software (on disc or other physical medium or downloaded or streamed) and other software products and online and mobile services, including their online functionality and other features, together with any updates and upgrades thereto, the Affiliated Websites, the Uplay Platform and any other Ubisoft Platform, the Uplay+ Subscription Service, the Live Hosted Events, the Server, the Software and the framework in which you the aforesaid currently or in the future by UBISOFT ENTERTAINMENT S.A. or any of its subsidiaries or affiliates, including UBISOFT EMEA SAS. (
collectively “Ubisoft” or “we” or “us”).
1.2 These terms of use (the “Terms”) apply to your access to and use of these Services (“User” or “You”).
By using the Services and Content (as defined below), you agree to these Terms and any other applicable terms, including but not limited to criteria such as age and country that you must meet, and you agree to comply with them.
Additional terms may apply to a particular Service, such as the Ubisoft Store Terms of Sale, End User License Agreement and code(s) of conduct (“Code of Conduct”).
In addition, our privacy policy provides you with understandable information about our use of the personal data that we may collect from you during your use of the services.
Please read all of these documents carefully before accessing any Service.
"Content" means all elements pertaining to the Services, including but not limited to in-game items, personalized elements, maps and avatars, all games, graphics, music and sounds, text, any communications or information, names, themes, objects, scenery , Costumes, Effects, Dialogues, Slogans, Places, Characters, Diagrams, Concepts, Choreographies, Videos, Audio-Visual Effects, Domain Names.
This includes the items created by you or by other players, the so-called User Generated Content (defined in Article 11); Ubisoft Virtual Currency (defined in Article 3.3) and Trial Content (defined in Article 12).
1.3 The Services and Content are licensed to you, not sold to you.
We grant you a personal, limited, non-transferable, revocable right and license to use the Services and access the Content for your entertainment and non-commercial use, provided you comply with these Terms.
2 How do you create a user account and what do you need to know to open a user account?
This article explains the steps and security rules involved in creating a Ubisoft user account and choosing a username and/or avatar to access our Services.
2.1 You may be required to create a Ubisoft user account (a "User Account") in order to access and use certain Services and also to play online games.
You can create a user account by providing accurate, complete, and current information, including a valid email address.
There may be times when we need to verify the accuracy of this information, including by verifying telephone numbers and email addresses, in particular to protect minors, other users and to avoid the risk of fraud.
You agree to send us the necessary documents (which may include a copy of your identity card or passport) by any suitable means upon request.
If you need information about your user account or have any questions, please consult the websites https://support.ubi.com/Account or https://account.Ubisoft.com.
2.2 User Account Security.
Any use of your user account with your password, in particular any purchase of services, is deemed to have been made by you.
To ensure the security of your user account, please note:
a) Choose a strong alphanumeric password.
For security reasons, we reserve the right to refuse any password that is not strong enough to protect your user account.
b) Choose a password that is different from all other passwords you use and change it regularly.
c) Enable two-step verification and any other security options we can provide.
d) Never share your account details (username, password...) with third parties.
We will never ask you to reveal your password.
e) Never allow third parties to access and/or use your user account.
2.3 You agree to immediately notify us at https://support.ubi.com of any unauthorized use of your username, password or other information relating to your user account and any breach of security relating to the Service of which you become aware.
2.4 Username/Avatar Creation.
You may be required to create a username and/or avatar in order to access and use certain Services.
They will be connected to your user account and displayed publicly.
We therefore recommend that you do not include your real name in your username.
You may not choose a username or avatar that 1.) is already in use by another user or is associated with another user account, or 2.) contains "Ubi" or "Ubisoft" or the Ubisoft logo.
We reserve the right, in our sole discretion, to refuse any username and/or avatar you have chosen.
2.5 Multiple User Accounts.
You may not create multiple user accounts unless we expressly permit it.
You agree that in such a case you will close your additional user account at our request or that we can close your additional user account.
3 What terms and conditions apply to your use of our services?
This article explains the specific conditions applicable to certain services and content (e.g. forums, virtual currency) and certain means of accessing our services (including mobile terminals).
3.1 They were.
The Services may include forums, information groups, chat rooms, or other types of online discussion areas (collectively, "Forums").
If you use the forums, you should be aware of the fact that your avatar, username, and messages will be public and viewable by anyone visiting the forums (unless you are on a private one Forum).
You send your communications at your own risk.
You are solely responsible for their submission, publication and distribution.
Keep these security measures in mind when communicating with other users on the forums:
Never give out any information that can be used to identify you in real life.
Never accept invitations to meet someone in real life whom you met in a chat, especially if that person asks you to keep your conversations or meeting private, and decline any invitation to apps or channels outside of the Services .
Report any behavior or content that you find suspicious or inappropriate, including chats you had with another user that made you feel uncomfortable.
Make sure you only speak to people close to you, and use the blacklist feature, if available on a service, to ensure you don't receive unwanted messages.
3.2        Ubisoft Store.
We enable you to purchase products from our online store at https://store.ubi.com/ or through Uplay.
We may limit your ability to purchase Products based on a number of criteria, including but not limited to your age, limited quantities of available Products, etc. We may offer periodic special offers for which special terms apply.
3.3 Credits, Virtual Currency.
We may allow you to access or use online or offline elements of the Services, including but not limited to virtual points, coins or currencies (collectively, “Ubisoft Virtual Currency”).
When you receive Ubisoft Virtual Currency from us or our Authorized Partners, you are granted a personal, limited, non-assignable, non-exclusive, revocable license to access and select Ubisoft Virtual Currency that we expressly make available to you.
Ubisoft Virtual Currency has no monetary value and no value outside of our Services.
Ubisoft Virtual Currency cannot be sold, traded, transferred or exchanged for cash; it can only be redeemed for Content available on the Services.
Ubisoft Virtual Currency is non-refundable and you are not entitled to a refund for unused Ubisoft Virtual Currency, except as required by law.
Once you have exchanged Ubisoft Virtual Currency for Content, that Content cannot be returned, exchanged or refunded.
3.4        Wallet.
We provide you with an electronic purse (the "Wallet") in your user account.
This wallet is not a bank account or a payment instrument and the funds you can deposit into it are:
they do not constitute personal property rights,
they can only be used to buy content and services from us,
they have no value outside of the Services and cannot be exchanged for cash, and
they are non-refundable and non-transferrable, except as required by law.
We may set maximum limits on the amounts that you
may have in your wallet;
deposit into this wallet per day/month; and or
which you can spend from your wallet.
We may change these maximum limits at any time.
3.5 Prepaid Cards.
We may enable you to purchase and/or redeem prepaid cards to purchase content and/or services and/or make deposits into a wallet.
If your Wallet has already reached the limits set out in Article 3.4, you will no longer be able to make deposits into that Wallet by transferring the value of a given Prepaid Card.
3.6 Technical Protection Measures - Internet Connection - Digital Rights Management Certain Services may be protected by us through technical protection measures and digital rights management, such as in particular physical protection, "watermarking", activation of digital keys and direct authorizations.
You may need a persistent high-speed internet connection to access online features, play online games, and access and use some content, including content that can only be unlocked once with a unique key, and to certain services that use digital rights management technology.
3.7 Mobile Services.
You can access certain Services with certain mobile phones, smartphones, tablets and other compatible mobile terminals (devices).
For this you need the permission of the person who pays the bill for the mobile device and Internet access with this mobile device.
The use of your mobile terminal involves connection costs for which we are not responsible.
Certain Mobile Services offer you in-game purchases and micro-transactions.
According to the capacities and functions of your mobile terminal and communication network, your user comfort may vary.
We cannot guarantee that your convenience will match that experienced when logging into the Services using other devices.
4 How can we change our services?
This article explains under what circumstances we may change our services and content, including their price.
4.1 General.
We do not guarantee that the Services will be available at all times, in all locations worldwide and/or on all devices.
We do not guarantee that we will continue to provide all Services for any minimum period.
We reserve the right to terminate the Services in whole or in part at any time.
4.2 Change in the price of the Services.
We reserve the right to change the prices of the Services, including from a paid service to a free-to-play service and vice versa.
The new price will only apply to orders placed after it went into effect.
4.3 Changing Access to the Services and Content.
a) We can change the content for any reason at any time and in particular for technical reasons such as updates, maintenance operations or resets to improve or optimize the services.
b) We may require or enable you to download software, updates, patches and/or other utilities and tools made available by us or our licensors (the "Ubisoft Software").
We grant you a personal, non-transferable and non-exclusive license enabling you to use the Ubisoft Software solely for the purposes of using the Services, anywhere in the world and for as long as the Ubisoft Software is legally protected under intellectual property rights to use.
At the time such Ubisoft software is made available to you, we may provide terms of use for it.
The performance of the Ubisoft Software and Services may vary depending on your device.
We may from time to time provide you with updates or changes to the Ubisoft Software that you may need to continue using the Services.
c) These changes may affect the Services and/or your acquired rights or result in setbacks in the gaming environment.
d) We can also specify:
a maximum number of days for how long content will be stored as part of the Services;
a maximum volume of communications that can be sent or received by a user account;
a maximum storage capacity made available by our servers for your user account;
a maximum number of times you may access the Services, together with a maximum duration of each access during any given period.
5 What are our rules of conduct to maintain a friendly, safe and fair gaming environment and community?
This article contains the rules of conduct you must follow and the behaviors that are prohibited in order to maintain a friendly, safe, and fair gaming environment and community.
5.1 We aim to provide you and other users with a welcoming, safe and respectful gaming environment both during gameplay and at all times on our Services.
This is particularly important to us as we have different age groups among the users of our services, including minors.
In order for you and other users to feel part of such a friendly, safe and fair community, you must comply with the following rules (the "Rules of Conduct").
5.2 You may only use the Services for lawful purposes and only for their intended use.
You may not use the Services in any way that violates any applicable law or regulation.
5.3 The following is a non-exhaustive list of improper conduct which may result in investigations by our staff and sanctions may be imposed as set out in Article 6:
1. Creating a user account with incorrect registration data (email address, date of birth, etc.).
2. Creating or using an inappropriate username or avatar.
This includes in particular the use of names and images:
· that contain profanity, sexual innuendo or language elements of hate speech or in which terrorism, fascism, child abuse is condoned; or
· which are in any way religious or political or intended to provoke controversy or division.
3. Impersonating another user or one of our representatives.
This includes for example:
· creating a user account that is very similar to an existing user account/user with the clear intent to impersonate that other user without permission;
· posting comments or creating a user account that gives other users the impression that they come from our representative or someone with similar authority.
4. Abusing, harassing, bullying of users and/or our representatives (i.e. our employees, members of our community (moderators, star players, etc.)) through communications of any kind, verbal/written/digital, (especially via content creation tools , forums, in-game chat or voice telephony over the Internet - VOIP), in any medium on the Services and/or any third-party websites.
This includes, among other things:
trolling: intentionally posting controversial opinions or off-topic posts with the intention of provoking others,
· Flaming: constant insults to other people,
· Spamming: the repeated posting of nonsensical, off-topic messages that are always the same or similar
The use of language or content that is deemed inappropriate, unlawful, dangerous, threatening, abusive, offensive, obscene, sexually explicit, vulgar, defamatory, invasive of privacy, inciting hatred, racist, sexist, homophobic, transphobic, ethically objectionable or be considered harassment.
5. Endangerment of minors, and any inappropriate acts towards minors, such as:
· any comments, private messages, user-generated content (UGC) related to inappropriate behavior towards minors, including but not limited to physical or sexual abuse, pornography or other disrespectful content;
· any other action or comment referred to in this Code of Conduct directed at or pertaining to minors.
6. Using any means not expressly permitted by us to collect or intercept data of other users on the Services.
This includes for example:
· phishing, an attempt to obtain a user's personal information, user account information, or other information of a private nature from another user;
Doxing, posting or otherwise reproducing another user's personally identifiable information or making it available to any other person;
· Online sniffing, theft or interception of data by capturing network traffic.
7. The use of elements that infringe our intellectual property rights or other rights or the rights of third parties.
8. Disclosing information, that is, creating, using, sharing and/or publishing in any way, on and/or off the Services, any Content that violates any obligation of confidentiality, violates an individual's right to privacy, or for the purpose of commission would incite any illegal act (e.g. piracy, cracking or distribution of counterfeit software).
9. Selling, renting, marketing, editing, modifying, decompiling, disassembling, reverse engineering, translating, adapting, reproducing, distributing, distributing, reposting, transmitting, indexing, copying, extracting and/or automating any information, software, Products or any other element of the Content and/or Services, by any means, without our express prior consent.
10. Altering, disrupting, blocking, abnormal loading, disrupting, slowing down and/or impeding the normal functioning of all or part of the Services or their availability to other users or the functioning of the Service's partner networks, or attempting to interfere with any of the carry out the measures mentioned.
This includes, for example, executing distributed denial-of-service (DDoS attacks).
11. Transmitting or spreading a virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data, and/or organising, participating or collaborating in any way in an attack on our servers and/or or Services and/or those of our service providers and/or partners.
12. The use or distribution of "auto" or "macro" computer programs, in particular the use and/or distribution of cheats, hacks, bots, scripts, training programs or application software.
13. Using or distributing the Services through a mirror server.
14. Any other type of manipulation that gives a user (and/or fellow player(s)) an unfair advantage (e.g. wallhacks, aimhacks) or impairs the gaming experience of other users.
15. Exploiting another streamer's live stream to gain an unfair advantage or to harass a streamer in-game, e.g. B. by stream sniping.
16. Any behavior that disrupts the general flow of the game within the game itself, in a forum or in a service, in particular:
·       Spamming,
·       „Away from Keyboard“ (AFK)
· Farming (automatic gathering of resources without the presence of the player),
advertisements or purchase recommendations for other products,
· In-game harassment and unsportsmanlike conduct, including but not limited to team killing, rage quitting, interfering with other player interactions, and/or any other in-game conduct intended to disrupt or disrupt the general flow of the game.
17. Exploiting glitches or bugs that give an unfair advantage over other users or that threaten the overall balance or economy of the Service.
18. Using the help of other users or offering help to other users to gain an unfair advantage.
This includes, among other things:
· cooperation with users who cheat using cheats;
· working with experienced users to increase your user level/stats in areas of a game normally reserved for new players (newcomers);
· Creating an alternate user account to work with new players or less experienced users to unfairly help them increase their level/stats.
19. Purchasing and/or otherwise using and/or promoting unauthorized third party benefits such as “Match Making Ratio Enhancing Services”.
20. Accessing, or attempting to access, any portion of the Services not authorized by us;
21. Creating, providing or using services, e.g. B. via server emulators;
22. Reposting previously moderated content on the forums or other services.
23. Voice Communication Blocking, the intentional use of sound to disrupt the voice chat of others.
24. Bypassing regional restrictions on a service using a proxy, VPN, or other tool.
25. Inappropriately using the "Help" service or the enquiry/report buttons or sending inaccurate reports to any member of our staff, including customer service.
26. The forgery, reversal of credit card charges, or "chargeback" that creates debt.
A chargeback may involve credit card or identity theft, or unauthorized use by family members or friends.
27. Scamming, attempting to obtain goods or money through fraud or deception.
28. Buy, sell, rent, share, loan, trade or otherwise transfer your user account and/or means of accessing your account, and/or allow any outside party to use it in any way, either within the Services or on the website of a third party.
29. Refusal to follow our representative's instructions.
6 What sanctions can we impose to prevent and combat prohibited conduct?
This article lists some of the disciplinary and legal actions we can take to address behavior that is detrimental to the game environment and community.
We may impose sanctions for violations of the Regulations and/or a code of conduct.
Such sanctions will be determined on a case-by-case basis based on a number of criteria, including but not limited to the seriousness of the violation, the number of violations, and the consequences of the violations for the Services, other users, and/or our representatives.
The following is a non-exhaustive list of the sanctions we may apply:
1. issuance of a warning,
2. Blocking a username, avatar or password,
3. reverting your in-game progress to a previous state,
4. decrease your user account level or your level/points associated with a particular service,
5. blocking your access to certain features (including chat) in one or more services,
6. Temporary blocking of your user account for one or more services,
7. Long-term blocking of your user account for one or more services,
8. Preventing access to a specific service or services on a specific device, and/or
9. Suspension or termination of your user account and/or your ability to use one or more Services or any part of the Services, as further described in Article 8.2.
We may use our own and/or third party anti-cheat solutions to identify and/or sanction improper behavior.
We may restrict your access to all or part of the Services if we suspect that you are engaging in unlawful behavior on or off the Services in order to maintain a friendly, safe and fair environment for our users.
In addition, we reserve the right to take legal action, whether civil or criminal, to terminate any breach of your legal or contractual obligations and to obtain compensation for our losses.
In particular, we reserve the right to prosecute any user who has intentionally harmed or attempted to harm the Services or who interfered with the lawful functioning of the Services or who assisted in such interference.
7 How can you report prohibited behavior and content?
This article will provide you with the information you need and how to report content that you believe violates these Terms and/or a third party's intellectual property right.
7.1 Reporting Content that violates these Terms
If you believe that any content available on the Services does not comply with these Terms, you can report it to us by using the "Report" option where available on the Service or by contacting our customer service at Contact https://support.ubi.com, report.
To help us respond to your message as quickly as possible, please provide the following information, if possible:
the date of your notice;
Your last and first name, address and email address;
Identification and description of the Content that you claim violates these Terms, and the exact location;
a statement of the reason why you believe that such content does not comply with these Terms and should be removed from the Services, citing the article of these Terms and supporting evidence, if possible;
a statement that you believe that all of the information in this report is accurate.
7.2 Reporting Content Infringing Intellectual Property Rights
We respect the intellectual property rights of others and expect users to do the same.
If you believe that any content available on the Services infringes your intellectual property rights, you may report it to us by emailing copyright-infringement@Ubisoft.com and providing the following information:
the information requested in Article 7.1;
Evidence that you are authorized to act on behalf of the owner of the right(s) allegedly infringed or, if you are acting on behalf of your company, the legal form of the company, its name, place of business and your function within the company;
a clear identification of the work protected by your intellectual property right(s) that you claim have been infringed and any element proving the existence of your right(s);
where applicable, information on any registration of those rights or applications for registration of those rights, including the countries in which they are registered or in which registration has been sought, the period of validity and the application or registration numbers;
a copy of the letter to the author of the disputed content requesting that the content be removed or edited, or proof that the author could not be contacted.
7.3 Our response to your report.
We reserve the right to act as we deem appropriate upon receipt of a report.
In particular, we reserve the right to remove and/or disable reported content and to request you and other users to stop using such content.
If we delete or disable any content that you have posted in violation of these Terms and/or third party intellectual property rights, we reserve the right to apply sanctions as set out in Article 6.
You acknowledge that you understand that intentionally and falsely reporting any Content in order to obtain its removal or to stop its distribution through our Services is a criminal offense.
8 Can your user account be terminated?
This article explains how your user account may be terminated by you or by us and the consequences of such termination.
AND.
Both on our initiative and on yours.
8.1 Termination of your user account at your initiative.
You can cancel your user account at any time by filling out the form on: https://support.ubi.com or closing your user account on: https://account.ubisoft.com in the "Account details" tab, especially in the case that you are in do not agree to these terms or any of their updated versions.
8.2 Termination of user account or access to the Service(s) at our initiative.
We may suspend or terminate your user account and your ability to use one or more Services, or any portion of such Services, at any time, automatically and in our sole discretion, if we:
you have specifically asked us to provide proof of your identity or to refrain from any act, conduct or breach of these Terms;
we have reasonable grounds to believe that you have breached these Terms (including the Code of Conduct) or any specific terms in connection with a Service;
for any other reason related to your behavior on or off the Services,
With prior notification if your user account has been inactive for more than six months.
If you have more than one user account, we reserve the right to suspend or close all of your user accounts once an account has been suspended or closed by us as part of this process.
8.3 Consequences of Termination/Suspension of a User Account.
You will no longer be able to use the Services and Content.
You will lose - and we may delete - your profile and related information you have submitted to us, along with any content you have published, uploaded or made available on the Services, including but not limited to your username, avatar(s) and UGC.
We reserve the right to retain personal information associated with your profile for a reasonable period of time as set out in our privacy policy.
We may, at our discretion, refuse to allow you to re-create a User Account without our express consent, which you request at https://support.ubi.com.
Upon termination of your User Account, you will no longer have access to your User Account and you will lose all of your save files and in-game progress related to the Services.
In the event of termination of your User Account or the Service(s) associated with your User Account, no credit (e.g. for unused Services, unused Subscription Term, unused Points or Ubisoft Virtual Currency) will be credited or cash or any other form of reimbursement.
9 Can minors access our services?
This article provides information on how minors can create an account and access our Services with the help of a parent/guardian.
9.1 If you are a minor in your country of residence, you should read these Terms with the help of your parent or guardian.
9.2 We encourage parents or legal guardians to monitor their children's gaming activities, particularly online gaming, and to familiarize themselves with parental controls that may be made available by us and/or our partners.
We encourage you to visit our "Parents' Corner".
This is a site that we have developed in collaboration with experts, players and parents.
It can be accessed at https://www.ubisoft.com/en-US/company/parents.aspx and provides answers to frequently asked questions and provides tips and guidance.
9.3 We may restrict access to certain Services on grounds of age and for minors under a certain age we may allow you to register only with the consent of your parent or guardian.
9.4 To the extent permitted by law, we accept no liability for any activity that may be undertaken by minors without the permission of their parents or guardians.
In all cases, the parent or legal guardian will be held responsible for any use of the Services by a minor.
If you are a parent or legal guardian and you have given your child permission to register for the Services, you consent to the Terms governing your child's use of the Services.
10 What intellectual property rights are associated with our services and content?
This article provides information about the rights associated with our services and content and our Submissions Policy.
10.1 The Services and Content are protected by national and international laws and treaties.
Except as expressly provided in these Terms, we and our licensees and licensors reserve our respective intellectual property rights (as defined below) in the Services and the Content.
Any duplication or reproduction of these elements in any way and for any reason is prohibited without our prior consent.
"Intellectual Property Rights" means patents, rights to inventions, copyrights and related rights, trademarks, trade names, related rights, publicity rights, trade secrets, domain names, proprietary rights, rights to goodwill or rights to sue for trademark misuse, unfair competition rights, design rights, rights to Computer software, database rights, topography rights, moral rights, confidential information rights (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered, and including any request for and renewal or extension of such rights and any similar or equivalent rights or forms of protection in any part of the world.
10.2 You may submit criticism, comments, suggestions, ideas, materials or other feedback (“Submissions”) on or off the Services.
We appreciate your enthusiasm, but you understand that we have no obligations with respect to Unsolicited Submissions, including but not limited to accepting, reviewing, evaluating, or returning any Materials or acknowledging receipt of any Submission.
You acknowledge that any product, service, or feature we develop or publish may prove to be similar or identical to such unsolicited submissions.
11 What are the terms of any content you might create/upload to our Services?
This article explains the different types of content you can create, post and share on our Services and the related rights you can grant to us and other users of such content.
Ubisoft gives the User the possibility (i) to create such Content that is not the subject of third-party rights, using tools and, where appropriate, also Content provided in certain Ubisoft Services, and (ii) such User-Generated Content /UGC by means of the Services and/or also on other websites and in other media according to the conditions presented here.
If a user produces UGC, he agrees to comply with all provisions of these terms, during and after the production of such user-generated content.
These provisions apply even after the relevant user account has been terminated.
11.1 UGC derived from pre-existing Ubisoft Content:
The User acknowledges the fact that the UGC may be created using tools and/or based on pre-existing content owned by Ubisoft, such as B. in particular titles, fictional characters, names, leitmotifs, objects, scenes, costumes, effects, texts, dialogues, slogans, locations, diagrams, concepts, designs, graphics, animations, sounds, musical works, choreographies and other performances, videos, audio-visual effects, user-friendly features and other elements of a game or service designed and manufactured.
Always without prejudice to any further agreements between the user and Ubisoft, Ubisoft and the other users of the respective services are in any case permitted to use the UGC to the extent that the respective purpose and context of the functionality offered for which the UGC creates and provided by User in Services.
Use of UGC derived from content provided by Ubisoft
User agrees to use UGC derived from Ubisoft's pre-existing content only in accordance with the following terms.
Ubisoft hereby grants User a non-exclusive, non-transferable, revocable, personal license to use the UGC created by User from Ubisoft Pre-Existing Content worldwide and for as long as the Services are used to:
store it on the console, computer, mobile phone or other media used to access the Services,
share it with friends while using the Services, and
upload it to the Services and use it on the Services or other Ubisoft Offerings or in the Partner Network, to the extent permitted by Ubisoft.
11.2 UGC with images of the user.
If the UGC created and published by the user contains his image, the user agrees to Ubisoft using it in such a way that Ubisoft can use this image in Ubisoft's services worldwide and for the duration of the operation of the services.
The User therefore agrees that such UGC may be used by Ubisoft in accordance with the provisions of clauses 11.3 and 11.4.
To the extent that the UGC published by the user on the Services contains images of other persons, the user guarantees Ubisoft that the prior consent of all data subjects has been obtained with regard to the use of the respective image by Ubisoft in accordance with the provisions of this clause 11, and the user undertakes to indemnify Ubisoft against all damages and claims Ubisoft may suffer if such third party makes a complaint, claim or other action regarding the use of its Image.
11.3 UGC Without Use of Pre-Existing Ubisoft Content.
With respect to any UGC that User creates using the Services independently of any pre-existing Ubisoft Content and without prejudice to any further agreement between User and Ubisoft, User grants Ubisoft and its licensees, distributors, agents and other authorized users non-exclusive permission , revocable, the use of the UGC to the extent required by the respective purpose and context of the functionality offered for which the UGC was created and provided by the user in the Services.
This may include the worldwide presentation, transmission, highlighting, performance, distribution, indexing, editing and other transformation, enhancement, translation, digitization, encryption and any other modification, including but not limited to the addition of commentary, removal of lyrics or music and their replacement by Ubisoft selected lyrics and music), the creation of derivative products based on UGC and in particular Merchandising Products (as defined in Clause 11.3), their presentation and other use, in whole or in part, in any media and by any means and process, be they currently known or unknown, for any purpose including entertainment, information, advertising, promotion and marketing of the Ubisoft Services or Products for commercial and advertising purposes.
This license includes, as the parties understand, a corresponding license with respect to all of User's proprietary rights with respect to the UGC, the trademarks, patents, trade secrets, rights of publicity and related rights and other intellectual and industrial property rights in the UGC.
11.4 In any case:
User's use of UGC for any commercial purpose is strictly prohibited;
the possibility granted to the user to create UGC or publish user-generated content is part of the service offered by Ubisoft to the users and does not give the user any right to payment, especially if the UGC is made available to other users of a game or a service;
the user guarantees Ubisoft that the content (UGC or other content that he publishes while using the services) does not infringe the rights of third parties (image rights, personality rights or other rights) and in particular does not constitute an infringement of property rights or an illegal competitive act, in particular if Ubisoft is used in the course of providing its services;
The User undertakes not to create, use, share or otherwise publish any element (text, image, sound, video) within the Services that Ubisoft reasonably deems obviously unlawfully aggressive, deforming, pornographic, obscene, vulgar , racist, inciting hatred, sexually explicit, violent or threatening public order.
User is personally responsible for the creation, use and publication of Content on the Services and agrees to indemnify Ubisoft and, where applicable, its affiliates, employees, officers and directors in the event of any appeal, action, claim or petition against Ubisoft, its employees, officers or directors as a consequence of the use or posting of any User Content.
Ubisoft reserves the right to conduct its own defense at its own expense and retains sole control of any action that may give rise to a claim for redress against the user.
In these cases, the user agrees to full cooperation in the event that Ubisoft requests this in connection with the defense of his interests.
User knows and accepts the fact that UGC will be associated with Username and will be made available to all users of the Service during the existence of the Services, with the sole exception of removal of a UGC posted by User on the Services , by Ubisoft, upon notification to Ubisoft of the manifest illegality of this UGC or violation of any right of image or personality or any other right of a third party.
11.5 To the extent permitted by applicable law and if any moral or similar rights (hereinafter "Personal Rights") exist in relation to the UGC and do not exclusively belong to Ubisoft, the User will not assert his personal rights in relation to the UGC to Ubisoft or its licensees, distributors, agents, employees and other authorized users, and the user warrants that this agreement is also made with any other person who may assert privacy rights in the UGC.
12 Can you take part in our tests?
This article describes the general terms and conditions that apply to your participation in our testing (including alpha, beta, and play testing).
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We may offer you to test the Services or Content that is not yet commercially distributed (e.g. during alpha and beta phases, playtests, etc.) to identify bugs and errors and/or to improve their to contribute to the functioning ("beta tests").
If you are eligible and consent to participate in a beta test:
a) you must first sign and return to us a confidentiality agreement and any other documents we deem necessary.
b) You acknowledge that the beta version of the Content and Services (“Trial Content”) belong to us and are strictly confidential.
c) We may ask for your reactions and suggestions.
All such reactions and suggestions that you provide to us during the beta test will be our exclusive property.
d) Trial Content is provided to you "as is" and "according to availability" without warranty of any kind, either express or implied.
You understand that you play with the Test Content at your own risk, that it may contain bugs, and that your game progress and data associated with the Beta Test may be deleted at any time.
e) You agree that any breach of your Beta Testing obligations would cause us irreparable harm and that we would be entitled to take all steps to prevent breach or threat of breach of your obligations or for the harm caused receive compensation, without prejudice to the right to terminate your user account.
13 do we monitor our services?
This article explains how we may, but do not always, monitor our Services, particularly the opinions and comments expressed by users on the forums or through UGC.
We are not responsible for and do not endorse the opinions, advice and/or recommendations posted or transmitted by users on the Services, including any public forums.
Such communications are the sole responsibility of the users concerned.
In accordance with the applicable legal provisions, we do not monitor the content, UGC, communications and other information provided by users on the Services.
We may, although we are not obligated to do so, oversee, monitor or moderate our Services, particularly on websites and forums.
In any event, we do not guarantee the validity, authenticity, accuracy or usefulness of any content, communications and/or UGC.
14 Can you access our Services and third-party content through our Services?
This article covers accessing our Services through a third-party platform (consoles, streaming services, etc.) and how we can show you third-party content through advertising on our Services.
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services/platforms offered by third parties (i.e. console manufacturers, streaming services, etc.) give you access to certain Services.
The terms of service of those third parties will govern your conduct when you access the Services through their services/platforms, and in the event of any conflict with those terms, the terms of service applicable to the services/platforms offered by those third parties will control.
We may also display certain third-party products, services and/or content by including advertising links, advertising banners or other advertising and promotional elements on our Services, and we may also engage in cross-marketing with any partners of our choosing.
In either case, we cannot be held liable for any such third party services, products and/or content.
15 What are the conditions in the event of a dispute regarding liability, damages and compensation?
This article describes the limitations and exclusions that apply to our liability and the conditions under which we may pay you compensation or you may be required to pay us compensation.
15.1 Limitation of Liability and Disclaimer.
The user expressly acknowledges that the use of the services and games is at his own risk.
The Services are provided on an "as is" basis.
In this respect, Ubisoft does not assume any guarantee and does not provide any information about the quality or assurance of properties, in particular with regard to the results of using the services, with regard to conformity, accuracy, completeness, reliability, security, etc. The same applies to the market value of the services and games, and the satisfaction of the user or the suitability of the Services or Games for a particular use.
The above also applies to the freedom of the Services and Games, including the servers and software required for their operation, from interruptions or errors, bugs, viruses or harmful elements, or for the correction of such errors, bugs, viruses or harmful elements.
Finally, Ubisoft provides no guarantee, representation or expectation as to the accuracy, completeness or timeliness of the information, content and/or items available through the Services and Games.
In particular, there is no exhaustive control of the content of any kind, in particular the user-generated content ("user generated content" or "UGC" as defined in Section 11) or the statements published by the users via the services or the actions of the users within the framework of the services .
Accordingly, Ubisoft makes no warranties and assumes no responsibility for the User with regard to his own actions and/or the actions of other users of the Services.
Also, Ubisoft is not responsible for any third party products or services presented to the User through Ubisoft and makes no warranties with respect to such products or services.
The user bears all costs of his own infrastructure, which is necessary for the use of the services.
The user bears all risks associated with the expenditure of time and effort or loss of data (especially game data) or disruption or loss of commercial or other information through the use of the services and games.
The User is liable for any damage caused to Ubisoft by its partners or other users of the Games and Services or other natural or legal persons as a result of the use or all parts of the Services and/or Games in breach of legal obligations or the obligations under these Regulations, solely responsible.
In the event of operational disruptions that lead to the temporary non-usability of services, even in parts, Ubisoft is entitled, at its own discretion, to extend the respective contract term free of charge by a period that is reasonable in view of the respective downtime for which Ubisoft is responsible.
With regard to paid services or products, this is the user's only pecuniary claim in this regard.
Any rights of termination remain unaffected.
Therefore, under no circumstances will Ubisoft be liable for any compensation for damage caused by the User's inability to use all or part of the Services.
Under no circumstances will Ubisoft be responsible for any direct, indirect, incidental, incidental or any other damages resulting from the use of or inability to use the Services and Games, even if Ubisoft has been advised of the possibility of such damages.
In the event of a breach of legal or contractual obligations by the User, Ubisoft reserves the right (i) - at its reasonable discretion - to delete the User account and to revoke the license to use the Games and Services and (ii) civil or take legal action to stop further violations and seek compensation for existing losses.
In particular, Ubisoft reserves the right, without limitation, to hold accountable any user who has intentionally caused or attempted to damage the Services or interfere with the proper functioning of the Services, or who have assisted in doing so.
Ubisoft reserves the right to discontinue all or part of the available services at any time and without prior notice.
User acknowledges and accepts that, within the limits of the law, in the event of a dispute with Ubisoft or its licensors, User may (i) stop using the Services and terminate their User Account and (ii) take legal action to compensate for any losses, if applicable.
In addition, Ubisoft is only liable for the replacement of the purchased content.
Following a complaint by the user, Ubisoft will replace these as unusable with a corresponding number of content elements and selections made by Ubisoft.
In any event, the liability of Ubisoft, including its licensors, licensees, sub-licensees, assigns and assigns, and their employees, managers, officers or directors (collectively, "the Affiliates") shall be limited to the amount that the user in paid for the Services in the last twelve (12) months prior to the occurrence of the Dispute.
Notwithstanding the foregoing, under no circumstances shall Ubisoft's liability be limited as a result of the provisions of this Section 15 in the event of willful misconduct or gross negligence, death or personal injury or the culpable breach of so-called cardinal obligations.
Furthermore, the limitations, exclusions and disclaimers in this Section and other agreements in these Terms apply only to the extent permitted by law.
15.2 Warranty and User Indemnification, Indemnification.
User agrees, upon request by Ubisoft, Ubisoft and their affiliates (as defined above), their subcontractors and content providers, against any and all liability, claims and damages and all associated costs, including legal costs, arising out of any violation of these Terms or resulting and for which the User is responsible or which are caused in connection with the transmission of UGC on or through the Services or generally by the behavior of the User on the Services.
Notwithstanding the foregoing, the User agrees to protect and hold harmless Ubisoft from inappropriate or illegal use of the User Account.
This also applies in the event of inappropriate or illegal use by a third party to whom the user has given permission to use the user account.
The User acknowledges his personal liability for his use of the Services and for all communications and activities that take place within the Services.
Ubisoft reserves the right, at its own expense, to assume full responsibility for the defense and treatment of incidents, to which the user is actually obliged.
In this case, the user is not obliged to indemnify Ubisoft from liability with regard to the respective case.
The agreements in this section will remain effective and effective even after the termination of these Terms or the user account.
16 Is there more information you need to know?
This article provides additional information that applies between you and us, including changes to these Terms, consumer dispute arbitration, applicable law and jurisdiction, and contact information.
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See below for other general information applicable to these Terms.
If you cannot find the information you are looking for in these Terms of Service, it should be available at https://legal.ubi.com.
16.1 Change of Regulations.
We may change these Terms at any time for security, legal, best practice and/or regulatory reasons.
We will not use this right to make substantive changes to the Terms that affect your rights without giving you an opportunity to consent.
If you do not agree to the changes to these Terms, you can delete your user account as described in Article 8.1. stated, cancel.
You should check the Terms periodically for changes because they are binding on you.
Any use of the Services after the amended terms come into effect constitutes consent to the amended terms.
16.2 Severability Clause.
If any court or relevant authority considers that any provision of these Terms of Use is invalid, illegal or unenforceable, that provision or part of such provision shall be deemed to be deleted to the extent required and the validity and enforceability of any other provision of these Terms of Use shall not be affected .
If any invalid, unenforceable, or illegal provision of these Terms of Service would be valid, enforceable, and legal if any part of that provision were deleted, then that provision will apply with the minimum modification necessary to make it valid, enforceable, and legal so that our original intentions are expressed.
16.3 No Waiver.
No right or remedy shall be deemed to be waived until we and you have signed a written statement to that effect.
Our failure or delay in exercising any right or remedy contained in these Terms or provided for by law will not constitute a waiver of that or any other right or remedy, nor will it preclude or limit our future exercise of that right or any other right or remedy.
No single or partial exercise of any such right or remedy shall preclude or limit the further exercise of that or any other right or remedy.
16.4 Completeness of Agreement.
a) In agreeing to be bound by these Terms, neither party has relied, and will not rely on, any representation, representation, assurance or guarantee ("Representations") made by any person that is not expressly set forth in these Terms.
b) Each party agrees that its only rights and remedies arising out of or in connection with any representation are for breach of contract.
c) These Terms and any rules or instructions posted online in relation to any Service constitute the entire agreement between us and you with respect to the subject matter and supersede and cancel all prior or contemporaneous understandings, negotiations and agreements, whether oral or written.
d) Nothing in this article limits or excludes liability for fraud or fraudulent misrepresentation.
16.5 Dispute Resolution.
Out-of-court dispute resolution.
In the event that any dispute or claim arises in connection with these provisions, the European Commission provides a platform facilitating the independent and out-of-court settlement of online disputes between consumers and professionals, accessible at the following address: https:// ec.europa.eu/consumers/odr/.
Applicable Law.
These Terms, your User Account and any dispute or claim arising in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Germany.
You irrevocably consent to the exclusive jurisdiction and venue of any such dispute or claim.
16.6 Force Majeure.
We will have no liability under this provision if caused by any act, event, omission or accident beyond our reasonable control, such as strikes, failure of a telecommunications network, acts of God, war, riot, pandemic, malicious damage to property, compliance with law or governmental orders, accident, fire, flood or failure of subcontractors, are prevented or delayed from performing our duties or from conducting our business.
16.7 Contact / Customer Service.
You can find these terms at https://legal.ubi.com.
If you have any questions about these Terms, any Service or Content, you can contact us at: https://support.ubi.com
THESE TERMS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.