CONDITIONS OF USE OF UBISOFT SERVICES
LAST UPDATE: 12 MAY 2020
"WE RESPECT ALL THE SAME RULES OF THE GAME"
WELCOME TO THE UBISOFT UNIVERSE!
WE ASK YOU TO CAREFULLY READ THESE TERMS OF USE.
Ubisoft teams create extraordinary and unforgettable experiences for our players to enjoy, share and grow through games, applications, websites and online services (what we call our "Services").
To allow you to take full advantage of our Services, we have developed rules that govern our communities and must be respected by everyone: you, other players and ourselves.
By using the Services and Contents described below, you accept these "Terms of Use".
1 What is Ubisoft Services and Content?
This article provides a clear definition of the Services and lists the documents you should read before accessing them.
1.1 The Ubisoft Services (the "Services") include games, downloadable content, season tickets and other game software (content on disc or other physical or downloaded or streamed media), as well as other online and mobile software products and services , including their online functions and other features, along with any updates and upgrades thereof, their websites, the Uplay platform and any other Ubisoft platform, the Uplay + subscription service, hosted live events, servers, software and framework through which they are provided to you, currently or in the future, by UBISOFT ENTERTAINMENT S.A., or by one of its subsidiaries or affiliated companies, including UBISOFT EMEA SAS and UBISOFT S.p.
A .. (collectively "Ubisoft" or "we").
1.2 These Terms of Use (the "Conditions") govern the access and use of these Services by the user (the "User" or "you").
By using the Services and Content (defined below), you accept and agree to abide by these Terms of Use and any specific age and territory criteria.
Additional conditions may apply to a specific Service, such as the Ubisoft Store Terms of Sale, the End User License Agreement and the Code (s) of Conduct: (the "Code of Conduct").
In addition, our Privacy Policy provides a clear understanding of how we process personal data collected while using the Services.
We ask you to read all these documents carefully before accessing a Service.
"Content" means any element that is part of the Services, including but not limited to game elements, customization elements, maps, avatars, all gameplay, graphics, music and sounds, texts, all messages or elements of information, names, themes, objects, scenarios, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audiovisual effects, domain names.
This includes elements created by you and other users, called User Generated Content (described in Article 11); Ubisoft's Virtual Currency (described in Article 3.3) and the Test Contents (described in Article 12).
1.3 The Services and Content are licensed to you, not sold.
This means that we grant you a personal, limited, non-transferable and revocable right and license to use the Services and access the Content, for personal entertainment purposes, for non-commercial use, provided that the these Conditions.
2 How to create an Account and what do you need to know when creating an Account?
This article describes the steps and applicable security rules for creating a Ubisoft Account and selecting the username and / or avatar to access our Services.
2.1 You may need to create a Ubisoft Account (an “Account”) to access and use certain Services, as well as to play online.
You can create one by providing accurate, complete and up-to-date information, including a valid email address.
We will be able to verify the accuracy of this information, including by checking the telephone numbers and e-mail address, in particular to protect minors, other users and prevent the risk of fraud.
You agree to send the necessary documents (which may include a copy of your identity card or passport) by any means upon our request.
To obtain information or if you have any questions about the Account, please visit https://support.ubi.com/Account or https://account.ubisoft.com.
2.2 Account Security.
Any use of the Account with your password, in particular any purchase of Services, will be considered as made by you.
To ensure the security of the Account:
a) Choose a strong alphanumeric password.
For security reasons, we may refuse a password that is not strong enough to protect your Account.
b) Choose a password that is different from any other password you use and change it regularly.
c) Activate 2-Step Verification and any other security options provided in your Account settings.
d) Do not share your Account details (username, password…) with anyone for any reason.
We will never ask you to reveal your password.
e) Never authorize anyone to access and / or use your Account.
2.3 You agree to inform us as quickly as possible at https://support.ubi.com of any unauthorized use of your username, password or other information in your Account and of any breach of security affecting the Services referred to you are in the know.
2.4 Creation of username / avatar.
You may need to create a username and / or avatar to access and use certain Services.
They will be linked to your Account and displayed publicly.
We therefore recommend that you do not include your real name in the proposed username.
It is not possible to choose a username or avatar that (i) is already in use by another user or associated with another Account or (ii) contains “Ubi” or “Ubisoft” or the Ubisoft logo.
We reserve the right, in our sole discretion, to reject any username and / or avatar chosen by you.
2.5 Different Accounts.
You don't have to create multiple accounts, unless you are specifically authorized.
If so, you acknowledge that you will close your Additional Account upon our request, or that we may close your Additional Account.
3 What conditions apply to the use of our Services?
This article highlights the specific conditions applicable to some Services and Content (such as Forums, Virtual Money) and some means to access our Services (including mobile devices).
3.1        Forum.
The Services may contain forums, news groups, chats, or other types of online discussion areas (collectively referred to as "Forums").
When using the Forums, you must be aware that your avatar, username and messages will be public and viewable by any user who visits the Forums (unless it is a private Forum).
Messages are sent at your own risk.
You are solely responsible for their presentation, publication and dissemination.
Keep these security measures in mind when communicating with other users in the Forums:
Never share information that can be used to identify you in real life.
Never accept requests to meet in real life a person you have chatted with, particularly if that person asks you to keep conversations or meetings secret and declines any invitation to join apps or channels outside the Services.
Report any behavior or content that you find suspicious or inappropriate, including chats you have had with other users that have made you uncomfortable.
Make sure you speak to someone in your inner circle and use the blacklist feature, when available on a Service, to make sure you don't receive unwanted messages.
3.2        Ubisoft Store.
We give you the opportunity to purchase products through our online store accessible at https://store.ubi.com/ or through the Uplay platform.
We may limit your ability to purchase products based on various criteria, including but not limited to age, limited quantities of products available, etc. We may periodically offer you promotional offers to which separate Terms apply.
3.3 Credits, virtual currency.
We may license you to access or use online or offline elements of the Services, including, without limitation, virtual points, coins or currencies (collectively the "Ubisoft Virtual Currency").
In the event that you obtain Ubisoft Virtual Currency from us or our authorized partners, you receive a personal, limited, non-transferable, non-exclusive, revocable license to access and select the Ubisoft Virtual Currency which we expressly make available to you.
Ubisoft Virtual Currency has no monetary value or value outside of our Services.
Ubisoft Virtual Currency cannot be sold, traded, transferred or exchanged for cash; can only be blackmailed with the Content available on the Services.
Ubisoft Virtual Currency is non-refundable and the user is not entitled to refund any unused Ubisoft Virtual Currency, except as required by law.
Once the Ubisoft Virtual Coin has been redeemed with the Content, such Content is non-returnable, exchangeable or refundable.
3.4 Electronic Purse We may make an electronic purse (“Wallet”) available to you on your Account.
The electronic purse is not a current account or a payment instrument or fund in which you can invest:
does not constitute a personal property right,
can only be used to purchase Content and Services from Ubisoft,
it has no value outside the Services and cannot be exchanged for cash and
unless required by law it is non-refundable or transferable.
Ubisoft has the right to limit the maximum amount of funds:
available on the Wallet;
that can be added daily / monthly to the Wallet; and / or
to spend using the Wallet.
We may update these limits from time to time at our discretion.
3.5 Prepaid Cards.
Ubisoft has the right to allow the user to purchase and / or redeem prepaid cards to purchase Content and / or Services and / or finance a Wallet.
It is not possible to finance a Wallet by applying the value of a given prepaid card if the Wallet has already reached the limit referred to in Article 3.4.
3.6 Technical protective measures - Internet connection - Digital rights management.
We can protect some Services using technical protection measures and digital rights management, such as physical protection, watermarking, activation of digital keys, direct authorization.
A permanent broadband Internet connection may be required to access online features, play online and access and use some Content, including Content that can be unlocked once with a single key and some Services that integrate rights management technology digital.
3.7 Mobile services.
Some Services can be accessed via certain mobile phones, smartphones, tablets and other compatible mobile terminals.
To do this, it is necessary to have the authorization of the person who pays the bill for the mobile terminal and to have access to the Internet via that mobile terminal.
The use of the mobile terminal may result in connection costs for which we are not responsible.
Some mobile phone services offer in-game purchases and microtransactions.
The comfort level may vary depending on the capabilities and functions of the mobile terminal and the communication network.
We cannot guarantee comfort equal to what you feel when connecting to the Services via other devices.
4 How can we modify our Services?
This article indicates the conditions under which we may modify our Services and Content, including the price.
4.1 Introduction.
We do not guarantee that the Services are available at all times, in all locations in the world and / or on all devices.
We do not guarantee that we will continue to offer any Service for a minimum period of time.
We reserve the right to discontinue all or any part of the Services at any time.
4.2 Changing the prices of the Services.
We reserve the right to change the prices of the Services, even from a paid Service to a free one and vice versa.
The new price applies only to orders placed after its entry into force.
4.3 Modification of Access to Services and Content.
a) Ubisoft may modify the Contents for any reason, at any time, in particular for technical reasons, such as updates, maintenance and / or reset operations in order to improve and / or optimize the Services.
b) We may ask or allow you to download software, updates, patches and / or other utilities and tools provided by us or our licensors (the "Ubisoft Software").
We grant you a personal, non-transferable, non-exclusive license that allows you to use the Ubisoft Software solely for the purpose of using the Services, worldwide and for the legal period of protection of the Ubisoft Software, in compliance with Intellectual Property Rights. .
We may specify the terms of use for this Ubisoft Software at the time it is made available.
The performance of the Ubisoft Software and Services may vary depending on the hardware used.
We may occasionally provide Ubisoft Software updates or modifications that may be required to continue using the Services.
c) These changes may affect the Services and / or the rights acquired by the user or lead to "setbacks" in the game environment.
d) Furthermore we can:
establish a maximum number of days during which a Content will be stored as part of the Services;
set a maximum volume of messages that can be sent or received by an Account;
set a maximum memory capacity that will be allocated by our servers to an Account;
set a maximum number of times the user can access the Services, along with a maximum duration for each access for a specified period of time.
5 What are the rules to be respected to promote a gaming environment and a community in which friendship, safety and loyalty reign?
This article illustrates the rules of conduct to be respected and prohibited behaviors, in order to promote a gaming environment and a community based on friendship, safety and loyalty.
5.1 We want to offer all users a welcoming, safe and respectful gaming environment, both during the game and at any time within our Services.
This is particularly important to us, as we have users of different ages, including minors, within our Services.
In order for all users to feel part of a friendly, safe and loyal community, it is necessary that all abide by the following rules (the "Rules of Conduct").
5.2 You may use the Services only for lawful purposes and for their intended use.
It is forbidden to use the Services in violation of any law or regulation in force.
5.3 Below is an incomplete list of prohibited behaviors that may lead to investigations by our staff and may lead to penalties (as described in Article 6):
1.
Create an Account with false registration information (email address, date of birth, etc.).
2.
Create, use an inappropriate username or avatar.
This includes for example the use of names, images:
Containing blasphemies, sexual references or hateful language, which approves of terrorism, fascism, child abuse; or
· Who are in some way religious, political or prone to creating controversy or division.
3.
Impersonate any user or our representative.
This includes for example:
The creation of an Account with a close resemblance to another Account or existing user, with the presumed intention of impersonating that user without his consent;
· The dissemination of comments or the creation of an Account that leads other users to believe that they come from one of our representatives or someone who has a similar authority.
4.
Abuse, harass, intimidate users and / or our representatives (i.e. our employees, members of our community (moderators, star players, etc.)) through any form of communication, (including, for example, through tools to create Content , via Forums, in-game chat or over voice and communication), on any medium of the Services and / or on any third party site.
This includes for example:
Trolling (posting deliberately controversial or off-topic messages with the intention of provoking others),
Flaming (constantly insulting others),
Spamming (repeatedly posting nonsense or off topic messages or the same or similar messages several times),
Use of language or content deemed inappropriate, illegal, dangerous, threatening, abusive, offensive, obscene, sexually explicit, vulgar, defamatory, invasive of privacy, hateful, racist, sexist, homophobic, transphobic, ethically offensive or harassment .
5.
Endanger minors and any inappropriate action against minors, including:
· Solicitation (encouraging users to commit inappropriate or illegal acts inside and / or outside a Service);
· Any comments, private messages, user-generated content relating to inappropriate behavior towards minors, including for example physical or sexual abuse, pornography or any other content that is disrespectful;
Any other actions or comments listed in these Rules of Conduct that are directed at or involving minors.
6.
Use any means not expressly permitted by Ubisoft to collect or intercept other users' data within the Services.
This includes for example:
Phishing (attempt to obtain personal information, account information or other information of a private nature from any user);
Doxing (revealing or reproducing or providing anyone else's personal information);
· Online sniffing (theft or interception of data through the capture of network traffic).
7.
Use any element that infringes our Intellectual Property Rights or those of third parties or other rights.
8.
Information leakage, or creating, using, sharing and / or publishing by any means, within and / or outside the Services, any content that may violate an obligation of confidentiality, violate an individual's right to privacy or incite to commit an illegal act (eg.
piracy, cracking or circulation of counterfeit software).
9.
Sell, rent, market, organize, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate, republish, transfer, index, copy, extract and / or automate any information, software, product or other element of the Content and / or the Services by any means without our express prior authorization.
10.
Modify, distort, block, abnormally burden, interrupt, slow down and / or hinder the total or partial normal operation of the Services, or their accessibility to other users or the functioning of the networks of the Services partners, or attempt to do any of the actions described above;
This includes, for example, the execution of distributed denial-of-service (DDoS) attacks.
11.
Transmit or disseminate viruses, trojan horses, worms, bombs, corrupted files and / or similar destructive devices or corrupted data and / or organize, participate in or be involved in any way in an attack against our servers and / or the Services and / or against those of our service providers and / or partners.
12.
Use or disseminate "auto" or "macro" programs, including, without limitation, any use and / or dissemination of any cheat program, hack, bot, script, learning or software application.
13.
Use or disseminate the Services through a mirror site.
14.
Any other type of tampering that gives a user (and / or one or more teammates) an unfair advantage (for example, wallhack, aimhack) or that damages the experience of other users.
15.
Using another broadcaster's live broadcast to gain an unfair advantage or harass a broadcaster in the game, such as stream sniping.
16.
Any conduct that would interrupt the general flow of gameplay in the game itself, any Forum or any Service, such as, but not limited to:
·       spamming,
·       “away from keyboard” (AFK),
·       farming,
Advertising or solicitation of other products,
· Harassment in the game and bad sportsmanship, including, but not limited to, team killing, outbursts of anger, blocking of player interactions and / or any other behavior within the game aimed at disturbing or interrupting the general flow of gameplay.
17.
Exploitation of any malfunctions or bugs to gain an unfair advantage over other users or to threaten the overall balance or economy of the Service.
18.
Enlist the help of other users or offer your help to other users to gain an unfair advantage.
This includes for example:
· Team up with cheating users;
· Team up with experienced users to increase their level / stats in areas of a game normally reserved for beginners;
· Create an alternative account to team up with beginners or less experienced users to help them unfairly improve their level / stats.
19.
Purchase and / or exploit and / or promote unauthorized third party benefits, such as "services to improve the Match Making Ratio".
20.
Access or attempt to access unauthorized portions of the Services;
21.
Create, provide, use alternative methods of using the Services, for example through server emulators;
22.
Republish any content previously moderated on the Forums or other Services.
23.
Block voice communication, intentionally using sound to interrupt voice chat for others.
24.
Circumventing regional restrictions of a Service with the help of a proxy, VPN, or other means.
25.
Misuse support or request / report buttons or send false reports to Ubisoft staff members, including support.
26.
Fraud, reversal of credit card charges or "chargeback" resulting in a charge.
A chargeback can include credit card theft, identity theft, or unapproved use by family or friends.
27.
Cheating, trying to scam or deceiving others to get goods or money.
28.
Buy, sell, rent, share, lend, exchange or otherwise transfer your Account and / or the means to access it and / or allow an external party to use it in any way, both within the Services and on a site third party web.
29.
Refuse to obey our representative's instructions.
6 What sanctions can be applied to prevent and combat prohibited behavior?
This article lists some of the disciplinary and legal actions we can take to combat behavior that is harmful to the gaming environment and community.
In case of violation of these Conditions and / or a Code of Conduct, we have the right to apply disciplinary sanctions.
Sanctions are decided from time to time, on a case-by-case basis, on the basis of numerous criteria, including, but not limited to, the severity of the violation, the number of violations and the impact of the violations on the Services, on other users and / or on our representatives.
Below is an incomplete list of sanctions that can be applied:
1.
Issue of a warning,
2.
Disabling any username, avatar or password,
3.
Restoring game progress to an earlier state,
4.
Decrease in the Account level or in the level / points associated with a particular Service,
5.
Removal of access to particular functions (including chats) on one or more Services,
6.
Issue of a temporary ban on the Account to one or more Services,
7.
Issue of a long-term ban on the Account to one or more Services,
8.
Preventing access to one or more Services on a particular device and / or
9.
Suspension or closure of the Account and / or the possibility of using one or more Services, or part of them, as described below in Article 8.2.
We may use anti-cheat solutions owned by Ubisoft and / or third parties to detect unauthorized behavior and / or apply corresponding penalties.
We may limit your access to all or part of the Services if we suspect that you are engaging in unlawful conduct within or outside the Services, in order to maintain a friendly, safe and fair environment for our users.
Furthermore, we reserve the right to initiate legal proceedings for civil or criminal liability reasons in order to stop a violation of the legal or contractual obligations by the user and obtain compensation for the losses we have suffered.
In particular, we reserve the right to legally prosecute any user who has deliberately harmed or attempted to harm the Services or to interrupt the legitimate operation of the Services or to provide assistance in doing so.
7 How can prohibited behaviors and contents be reported?
This article contains the necessary information and the procedure to be applied to report a Content that violates, in the opinion of the user, these Conditions and / or the intellectual property rights of third parties.
7.1 Contents in violation of these Conditions.
If you believe that any Content made available on the Services does not comply with these Terms, please report it to us using the "Report" option, if available in the Service, or by contacting our customer support at https: // support. ubi.com.
To help us respond quickly to your report, please include as far as possible:
The date of the report;
Your surname, first name, postal address and e-mail address;
The identification and description of the Content which, in your opinion, conflicts with these Conditions, indicating its exact location;
An indication of the reasons why you believe that this Content does not comply with these Conditions and should be removed from the Services, citing the Article of these Conditions together with the evidence, where possible;
A statement that you believe all information contained in the report is correct.
7.2 Contents in violation of Intellectual Property Rights.
We respect the Intellectual Property Rights of others and expect our users to do the same.
If you believe that any Content made available on the Services violates your Intellectual Property Rights, please notify us by sending an email to Copyright-infringement@ubisoft.com, reporting the information listed below:
The information required in Article 7.1;
Proof that you are authorized to act on behalf of the owner of the right (s) that are allegedly infringed or if you are acting on behalf of your company, the type of company, its name, its registered office and your function within the company;
A clear identification of the work protected by your Intellectual Property Rights that you claim to have been infringed, as well as any evidence that those rights exist;
If necessary, information relating to any registration of such rights or applications for registration of such rights, including the countries in which they were registered or in which the application was submitted, the period of validity and the application or registration numbers;
Copy of correspondence sent to the author of the Contested Content requesting its withdrawal or modification, or a justification that the author could not be contacted.
7.3 How we will respond.
Upon receiving a report, we reserve the right to act as we see fit.
In particular, we reserve the right to cancel and / or deactivate the reported Content and to ask users to cease using such Content.
In the event that we delete or disable any Content posted in violation of these Terms and / or the Intellectual Property Rights of third parties, we reserve the right to apply the penalties set forth in Article 6.
The user acknowledges that a false intentional false report of a Content to obtain its removal or to stop its dissemination on our Services is punishable by law.
8 Can the account be closed?
This article explains how an Account can be closed by us or by the user and the consequences of such termination.
YES.
Both on your initiative and on our part.
8.1 Termination of the Account on your initiative.
You can close your Account at any time by filling in the appropriate form on: https://support.ubi.com or by closing your Account on: https://account.ubisoft.com, using the "Account Information" tab in particular in the event that you do not accept these Conditions or an updated version of them.
8.2 Termination of the Account or access to the Service on our initiative.
We may suspend or terminate your Account and your ability to use one or more Services or any part of the Services, at any time, automatically and in our sole discretion if:
we have formally requested you to provide us with proof of your identity or to cease an action, behavior or breach of these Terms;
we have reasonable grounds to believe that you have violated these Terms (including the Rules of Conduct) or any specific terms relating to any Service;
for any other reason related to your actions on or off the Services;
upon notification, in the event that the Account has been inactive for more than six months.
If the user has more than one Account, we reserve the right to suspend or close all Accounts after one has been suspended or closed by us pursuant to this procedure.
8.3 Consequences of Termination / Suspension of an 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 transmitted to us, along with any Content you have posted, uploaded, made available on the Services, in particular your username, avatar (or avatars). and the content you have generated.
We reserve the right to store personal data relating to your profile for a reasonable period of time, as set out in our Privacy Policy.
We also have the option to prevent you from creating a new Account without our explicit consent, at our discretion, through https://support.ubi.com.
If your Account is closed, you will no longer be able to access your Account and you will lose all save files and game progression related to the Services.
In the event of termination of the Account or the Services associated with the Account, no credit will be credited (such as unused Services, unused subscription period, unused points or Ubisoft Virtual Currency), nor will it be converted into cash. or in any other form of reimbursement.
9 Access to our Services by minors
This article indicates the ways in which minors can create an Account and access our Services, with the help of parents / legal guardians.
9.1 If the user is a minor in his country of residence, he must read these Conditions with the help of his parents or guardian.
9.2 If you are a parent or guardian, we recommend that you monitor children's play activities, particularly online, and become familiar with the parental controls made available on our site and / or by our partners.
We encourage you to visit our “Parents Corner”, a page developed in collaboration with experts, players and other parents, available at https://ubisoft.com/en-us/company/parents.aspx, where you will get the answers to some of the most frequently asked questions, as well as providing advice and guidelines.
9.3 We can limit access to certain Services for reasons based on age and, for minors under a certain age, we can only allow registration to certain Services, with the consent of the parent or guardian.
9.4 To the extent permitted by law, we assume no responsibility for any activity that may be carried out by minors without the permission of their parents or legal guardians.
In any case, the use of the Services by minors falls under the responsibility of their parents or legal guardians.
If you are a parent or legal guardian and you give your consent for your child to sign up for the Services, you agree to the Terms relating to your child's Use of the Services.
10 What Intellectual Property Rights are attached to our Services and Content?
This article provides information on the rights attached to our Services, Content, and our contributing policy.
10.1 The Services and Contents are protected by national and international laws and treaties.
Except as expressly set forth in these Terms, we, and our licensors and licensors, reserve our respective Intellectual Property Rights (defined below) in the Services and Content.
Any reproduction or representation of these elements in any way and for any reason is prohibited without our prior consent.
"Intellectual Property Rights" means patents, invention rights, copyrights and related rights, trademarks, trade names, related rights, publicity rights, trade secrets, domain names, presentation rights, goodwill rights or subpoena for unfair competition, unfair competition rights, design rights, software rights, database rights, topographical rights, moral rights, rights to confidential information (including know-how and trade secrets) and any other rights of intellectual property, in any case registered or unregistered, and including all requests, renewals or extensions of such rights, and all similar or equivalent rights or forms of protection anywhere in the world.
10.2 You have the ability to submit reviews, comments, suggestions, proposals, materials or other feedback (the “Contributions”) on or outside the Services.
We appreciate your enthusiasm, however you acknowledge that we have no obligation with respect to unsolicited Submissions, including, without limitation, no obligation to accept, consider, review or return any material or acknowledge receipt of any Submission.
Therefore, you agree that products, services or features developed or published by us may appear similar or identical to such unsolicited Submissions.
11 What are the conditions applicable to the Content that the user can create / upload to our Services?
This article explains the different types of content that the user can create, publish and share on our Services and the related rights granted to Ubisoft and other users on the Content.
Ubisoft offers you the ability (i) to create content that is likely to be original and / or royalty-free (the "User Generated Content" or "UGC") using the tools and, where appropriate, the Content placed at your provision by Ubisoft in certain Services, and (ii) to publish this UGC through the Services, and / or on other websites and / or other media within the limits of the conditions set out below.
If you create a UGC, you will undertake to constantly comply during and after the creation of such UGC, the provisions of these Conditions.
The Terms will continue to apply after the termination of your Account.
11.1 UGC derived from UBISOFT's pre-existing Content:
You declare to accept that the UGC may be developed and created using tools and / or on the basis of pre-existing Content owned by Ubisoft, such as, in particular and merely by way of example, titles, characters, names, themes, objects, backgrounds, costumes, effects, texts, dialogs, slogans, places, characters, schemes, concepts, designs, graphics, animations, sounds, musical compositions, choreographies and other performances, videos, audiovisual effects, user-friendly interfaces and any other element of a game or the Services.
In this regard, you declare that you accept that Ubisoft will be the sole owner of all the rights relating to the UGC that you will create from the pre-existing Ubisoft Content, regardless of the manner and time of its creation.
By accepting these Terms, you express your consent to irrevocably assign to Ubisoft, free of charge, all exploitation rights you may have in the UGC in question, including, but not limited to, rights in trademarks, patents, trade secrets. , copyright, related rights and publicity rights, allowing Ubisoft to freely dispose of the following rights, listed as an illustration and by way of example only:
1.
the right to reproduce the UGC permanently or temporarily, by any means and in any form, on any known or as yet unknown medium, and in particular:
· The right to integrate the UGC in whole or in part in all Ubisoft products or Services;
· The right to upload and download, view, execute, transmit and / or store the UGC and all products integrating all or part of the UGC by any means, in any place and on any medium;
· The right to adapt, correct, develop, translate, digitize, encrypt and modify the UGC in any way and to reproduce the results of one of these operations, by any means and on any existing or future medium;
The right to make any copy of all or part of the UGC and of all products integrating all or part of the UGC, including modified, translated or adapted versions, in the number of copies decided by Ubisoft, by any process and on any media (in particular digital media, CDs, CD-ROMs, DVDs, game cartridges, mobile phones, PDAs, the Internet, etc.);
The right to place on the market for consideration or free of charge, and the right to distribute (including rental, sale and loan) all or part of the UGC, including modified or adapted versions, and all products containing the UGC, according to any process and on any medium known or unknown to date;
· The right to reproduce the UGC by any means, in any form and on any medium, as necessary in relation to the exploitation rights indicated below;
2.
the right to represent and disseminate the UGC in any place accessible to the public and in any private place, by any means or process and on any medium known or unknown to date (and in particular the terrestrial, satellite and cable transmission, the optical fiber, pay or free-to-air television, computer transmission, Internet, ADSL, platforms for making videos available, web TV and video streams, streaming, MMDS, television on mobile phones, catch up TV);
3.
the right to use the UGC in any way for commercial or non-commercial, demonstration, promotional and advertising purposes, of all Ubisoft products and services;
4.
the right to make available to the public, in particular through assignment, license or other type of contract, in any form whatsoever, temporarily or definitively, for consideration or free of charge, the UGC or any product integrating the UGC in the most as broad as possible, through any means known or unknown to date and in particular through the Internet or any digital network, pay per view, pay per play, television broadcasting, and, in general, through any carrier and / or network (in particular networks and analog or digital carriers, telecommunications networks and carriers and computer networks and carriers);
5.
the right to proceed or to proceed with the creation of any new product or service from the UGC or from any product containing the UGC, taken as it is or modified by Ubisoft, or by any third party of its choice;
6.
the right to exploit the UGC with products containing UGC, namely in particular:
The right to use and / or exploit all or part of the UGC and any product containing the UGC, in any form, with or without adaptation for exploitation purposes, in the form of derivative "merchandising" products, in particular in view of, for example, and without this declaration constituting a limitation: publish or create books or comics, strategy guides and books based on the scenario and / or the graphics of the games and / or the Services, magazines, calendars, stationery items, stickers, posters, signs, office items, computer accessories or game consoles, wallpapers, screensavers, figurines, games, toys of any material, textiles, tableware, drawings, advertising items (in particular via Internet mail display) , reproduction and sound or visual representation (in particular films, reportages, documentaries, theatrical performances, theme parks, etc.) and any other object that you incorporate into your own s ostanza, shape, decoration, packaging or presentation, all or part of the UGC;
The right to make "sequels" (sequels), "" prequels "," additions "," spin-offs "and any conversions of any game or any other material that includes the UGC for any platform, in any language and under any form, at Ubisoft's discretion.
and in general, the integrity of the author's patrimonial prerogatives on his work.
This transfer of rights is granted worldwide and for the duration of the protection of each UGC under applicable law.
Ubisoft, or any third party to whom the rights to the UGC have been assigned in accordance with this Article, has the right to file or register any application related to the intellectual property rights relating to the UGC in its name, for all countries of the world.
The User agrees to (i) sign and provide any necessary documents requested by Ubisoft or the third party transferee, for any registration purposes, and in particular to sign any application, deed of assignment or other document that may be necessary to in order to allow Ubisoft or the third party transferee to register and obtain patents, property rights, registration of designs and any other form of protection relating to the UGC and to be recognized as the owner of all property rights and securities of property relating to the UGC and (ii) make any necessary assistance to Ubisoft or any third party transferee, at the expense of Ubisoft or the third transferee involved, in any action, procedure or step aimed at enforcing the provisions of this Article both in France and in 'abroad.
In the event that a competent court determines that all or part of the rights in the UGC created by you cannot be validly assigned to Ubisoft as set forth above in article 11, you will hereby grant Ubisoft, free of charge, a right , for the duration of the protection of the UGC in accordance with the law, irrevocable and transferable, of use, reproduction, representation, modification, display, distribution and, in general, of exploitation of this UGC, in accordance with the provisions of the article 11 above, by any means, on any medium known or unknown to date, for any purpose (whether commercial or non-commercial) and relating to the whole world, without necessarily being mentioned as the author of said UGC.
Likewise, you will grant to other Users of the Services and the games concerned, a non-exclusive right, perpetual or for the entire legal duration of the protection of the UGC on the basis of intellectual property rights, free of charge, to use the UGC that you will have created and published, for the needs of the games and Services offered by Ubisoft, all over the world and within the limits permitted by Ubisoft, and, in particular, to access, view, copy, adapt, modify said UGC and create works derived within the framework of the Services.
This license will survive any partial termination of the license, which Ubisoft grants you in order to use the Services, and / or these Terms.
Your use of the UGC derived from Ubisoft's pre-existing Content.
As a User, you undertake not to make use of the UGC derived from Ubisoft's pre-existing Content other than what is strictly provided below on the basis of the conditions.
Ubisoft hereby grants you a personal license, revocable at any time, non-exclusive and non-transferable in order to use the UGC you have created from the pre-existing Ubisoft Content worldwide and for the duration of your use of the Services. , in order to:
register it on your console, computer, mobile phone or any other media you use to access the Services,
share it with your friends using the Services, and
upload it to the Services and use it as part of the Services and / or any other Ubisoft service or partner network, as permitted by Ubisoft.
The other users of the Services have likewise granted you a personal license, revocable at any time, non-exclusive and non-transferable to use the UGCs created by them in the framework of the Services and in accordance with these Conditions.
The conditions of this license are specified in Article 11 above.
11.2 UGCs that contain your image.
To the extent that a UGC created and published by you reproduces your image, you hereby grant Ubisoft a right to use your image sufficient to allow Ubisoft to continue providing its Services worldwide and for the duration. of the Services concerned.
By doing so, you agree that the UGC that reproduces your image is managed by Ubisoft under the conditions described in Article 11.
If the UGC you post on the Services contains the image of any person other than yourself, you warrant that Ubisoft has previously obtained the consent of the person concerned for Ubisoft's use of their image in accordance with the terms of this Article. 11 and you will undertake to indemnify Ubisoft in full for any harm that may be suffered by Ubisoft in the event of a well-founded claim, action or claim by any third party regarding the use of that third party's image by Ubisoft.
11.3 UGC Not Derived from Ubisoft Pre-Existing Content.
For any UGC you create through the Services, regardless of any pre-existing Ubisoft Content, you agree to grant Ubisoft and its licensors, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable license free of charge. , transferable (in whole or in part) and perpetual (or during the entire legal duration of the protection of the UGC on the basis of intellectual property rights), for the use of the UGC, its reproduction, representation, transmission, highlighting, display distribution, indexing, adaptation, correction, evolution, translation, digitization, encoding and any other modification (including, without limitation, adding comments, deleting words or music or replacing them with words or music selected by Ubisoft ), the creation of derivative products based on the UGC and in particular merchandising items (as defined in Article or 11 above), their presentation or other type of exploitation, in whole or in part, on any medium or by any means and process known or unknown to date throughout the world and for any reason, including, by way of for example, the entertainment, information, advertising, promotion, marketing of any Ubisoft Service or product for commercial or advertising purposes (hereinafter "UGC License").
It is agreed that the UGC License entails the granting of a license on the entirety of the user's property rights in UGC itself, its trademarks, patents, trade secrets, related rights and other intellectual and industrial property rights included in the UGC. .
11.4 In any case
any use by you for commercial purposes of any UGC is strictly prohibited
the possibility for the user to create UGC or to publish any content is part of the Service offered by Ubisoft to the user and does not confer any right to any remuneration for the user, including if the UGC is made available to others users of a game or the Services;
you warrant to Ubisoft that the content (UGC or otherwise) that you publish using the Services is not harmful to the rights of a third party (right to image, right to privacy or other rights) and does not in particular constitute an act of infringement or of unfair competition, including when such content is used by Ubisoft as part of the provision of the Services;
you undertake not to create, use, share or publish within the framework of the Services any element (text, images, sounds, videos, etc.) that can be considered at any time by Ubisoft, as having a manifestly illicit, aggressive, defamatory character, pornographic, obscene, vulgar, racist, hateful, sexually explicit, violent or contrary to public order;
you are personally responsible for the creation, use and publication within the Services of your content and you undertake to indemnify Ubisoft, as well as, if necessary, its parent companies, subsidiaries, employees, managers and directors, in the event of appeals , actions, claims or arising from the use or publication of user content.
Ubisoft reserves the right to secure its defense at its own expense and to retain sole control of any action that could give rise to indemnification against you.
You agree, in such cases, to cooperate fully with Ubisoft, where required, in the defense of its interests.
You understand and accept the fact that, unless Ubisoft withdraws the UGC that you have published in the context of the Services and of which Ubisoft has become aware of manifestly illicit nature or if the UGC itself is infringing the right to image or privacy or any other right of a third party, said UGC will be associated with your username and will be made available to all other users of the Services concerned during the life of the Services.
To the extent permitted by applicable law and in the event that any moral right or other similar right (hereinafter "Moral Right") in and on the UGC exists and is not the exclusive property of Ubisoft, you agree not to invoke your Moral Right on the UGC in the against Ubisoft or its licensors, distributors, agents, representatives, employees and other authorized users and warrant that any other person who may invoke moral rights in the UGC will obtain the same agreement.
12 Can you take part in our tests?
This article describes the terms and conditions applicable to participation in our tests (including the alpha, beta and playtest phases).
YES.
We may offer you to test the Services or the Content not yet marketed (for example during the alpha and beta phases, playtests, etc.), in order to identify bugs and errors and / or help improve their functioning ("Beta Test").
If you are eligible and agree to participate in a Beta Test:
a) You will first sign and return a confidentiality agreement and any other documents we deem appropriate.
b) You acknowledge that the beta version of the Content and Services ("Trial Content") belongs to us and is strictly confidential.
c) We may ask you to express reactions and suggestions.
All reactions and suggestions that will be communicated to us during the Beta Tests will be our exclusive property.
d) The Trial Content is provided "as is" and "as available" without any express or implied warranties of any kind.
You understand that you use the Trial Content at your own risk, which may include bugs and that its progression and data associated with the Beta phase may be deleted at any time.
e) You agree that any breach of your obligations under the Beta Tests would cause irreparable damage to Ubisoft and that we would have the right to take any action to prevent any breach or risk of breach of these obligations or to obtain compensation for any damages suffered, without prejudice to the right to close the Account.
13 Do we monitor our Services?
This article explains how we may possibly monitor our Services, in particular the opinions and comments expressed by users in the Forums or through user-generated content.
We are not responsible for and do not endorse the views, advice and / or recommendations displayed or posted by users on the Services, including in any public Forum.
Such communications are the sole responsibility of the users concerned.
Without prejudice to applicable legal requirements, we do not undertake to monitor the Content, user-generated content, messages and other information made available on the Services by users.
We may, although we are not required to do so, supervise, monitor or moderate our Services, particularly on website home pages and Forums.
However, we do not guarantee the validity, originality, accuracy or usefulness of any Content, message and / or user-generated content.
14 Can you access our Services through third parties and third party content through our Services?
This article explains how to access our Services through a third party platform (console, streaming services, etc.) and how to view Third Party content through advertising on our Services.
YES.
It is possible to access certain Services through the services / platforms offered by third parties (eg.
console manufacturers, streaming services, etc.).
The terms and conditions of these third parties govern the behavior of the user when accessing the Services through their services / platforms and, in the event of a conflict with these Conditions, the terms and conditions applicable to the services / platforms offered by these third parties will prevail. .
We may also display certain third-party products, services and / or content by placing promotional links, banner ads or any other advertising and promotional item in our Services, and we may also cross-market with any partner of our choice.
In both cases, we cannot be held responsible for such third party services, products and / or content.
15 In the event of a dispute, what are the conditions applicable to liability, indemnity and compensation?
This article describes the limits and exclusions applicable to our liability and the conditions under which we can indemnify the user or vice versa.
15.1 Limitation and exclusion of liability
You expressly acknowledge that your use of the services and games is at your own risk.
Services are provided "as is".
Ubisoft does not guarantee and does not make any commitment regarding the use or the results of the use of the services, in terms of conformity, accuracy, completeness, reliability, safety or otherwise.
Within the limits authorized by applicable law, Ubisoft refuses to offer any warranties relating to the commercial value of the services and games, the degree of your satisfaction or the suitability of the games or services to correspond to a particular use. Furthermore, Ubisoft does not offers no guarantee that the services and games.
Including servers and software necessary for their operation, are free of interruptions or errors, bugs, viruses or harmful elements, nor that errors, bugs, viruses or harmful elements are corrected.
Finally, Ubisoft makes no warranties as to the exact, complete or up-to-date nature of the information, content and / or elements accessible through the services or games.
In particular, Ubisoft does not exhaustively verify the content of any kind, in particular the UGC (as defined in article 11) or the statements that you, or other users published through the services, or your actions in the framework services.
In view of all this, Ubisoft offers you no guarantees and assumes no liability to you in relation to the conduct of your own or that of other users of the services.
Finally, Ubisoft cannot be held responsible for the products or services of an external company offered to the user by its intermediary and will not provide any guarantee relating to such products or services.
You will be responsible for all costs, charges and risks associated with the use of the services.
In addition, you will assume the full cost of any maintenance, repair or correction that may be necessary.
You will assume all the risks associated with a waste of time and energy, loss of data (in particular, any game data), errors or loss of commercial or other information, resulting from the use of the services and games.
You will be solely responsible for any damage caused to Ubisoft, its partners, other users of the games and services or any other natural or legal person resulting from the use of all or part of the services and / or games in violation of the law or yours. obligations as provided in these conditions.
Ubisoft will in no case be held liable for the payment to you of any amount or damage resulting from your inability to use all or part of the services.
Under no circumstances will Ubisoft be held liable for any direct, indirect, accidental, accessory or other damage resulting from the use or inability to use the services and games, even if Ubisoft has been advised of the possibility of such damage. .
In the event of a breach of your legal or contractual obligations, Ubisoft reserves the right (i) to cancel your account and terminate your license to use games and services and (ii) to initiate a civil or criminal action. in order to end the violation and to obtain compensation for their losses.
In particular, Ubisoft reserves the right, without limitation, to prosecute any user who has deliberately harmed or attempted to damage the services or to hinder the legitimate functioning of the services or provided assistance in this regard.
Ubisoft reserves the right to terminate all or part of the available services at any time without notice.
You acknowledge and agree that, within the limits authorized by law, in the event of a dispute with Ubisoft or its licensors, you may (i) cease using the services and cancel your account and (ii) if necessary, initiate a legal action in order to obtain redress for the injury.
Furthermore, and subject to the applicable legal provisions in force, Ubisoft's entire liability will be limited to replacing the elements of the paid content that you have purchased, and which will be recognized by Ubisoft as unusable following the analysis of your claim, with an equivalent number of content items at Ubisoft's discretion.
Under no circumstances will Ubisoft's liability to you, including its licensors, and their respective employees, officers or directors (collectively, the "Affiliates") exceed the amount you paid for the services during the twelve (12) months prior to the dispute that arose.
Notwithstanding the foregoing, the provisions of this Section 15 in no way limit Ubisoft's liability to you in the event of fraudulent misrepresentation, death or physical harm due to Ubisoft's negligence.
Furthermore, the limitations, exclusions and disclaimer clauses of this article and other clauses of these conditions apply within the limits of applicable law.
15.2 Indemnification & Indemnification
If Ubisoft requests it, you undertake to indemnify and hold Ubisoft and its affiliates (as defined above) harmless, its subcontractors, its content providers, against any liability, claim, damage and any expense, including legal fees. , consequent and / or deriving from a violation of these conditions for which you were responsible, or relating to your transmission of an ugc on the services or by means of the services, or more generally to your behavior on the services.
Without limiting the general scope of the foregoing, you undertake to protect Ubisoft and its affiliates to hold harmless in the event of inappropriate or illegal use of your account, including in the event of illegal or inappropriate use by someone you have authorized to use. your account.
You agree to be held personally responsible for your use of the services and all your communications and activities on the services.
Ubisoft reserves the right to assume by itself and at its sole expense the defense and control of any other matter for which you would normally be required to indemnify it.
In this case, you will no longer have any obligation to indemnify Ubisoft regarding the matter involved.
The provisions of this article remain valid and in force after the termination of these conditions and your account.
16 Is there any other information you need to be aware of?
This article contains additional information applicable between Ubisoft and the user, including the modification of these Terms, the conciliation procedure, the applicable law and jurisdiction as well as contact information.
YES.
For other general information governing these Terms, see below.
If you do not find the information you are looking for in these Terms, it may be available at https://legal.ubi.com.
16.1 Modification of these Terms of Use.
We may revise these Terms of Use at any time for safety, legal, good practice and / or regulatory reasons.
We will not make use of this right to make substantial changes to the Conditions, which affect the rights of the user, without having the opportunity to accept them.
If the user does not accept the integrated changes to these Conditions, he can close the Account as indicated in Article 8.1.
You are required to regularly check for revisions to these Terms as they are binding.
Any use of the Services subsequent to the entry into force of the modified Conditions implies acceptance of the modified Conditions.
16.2 Separation.
If a court or competent authority determines that any provision of these Terms (or part of a provision) is invalid, unlawful or unenforceable, such provision or part of the provision shall, as required, be deemed canceled and the other provisions of these Conditions will not be affected by invalidity and inapplicability.
If an invalid, illegal or unenforceable provision of these Terms is valid, legal and enforceable and a portion of it is canceled, the provision will be applied with the minimal modification necessary to make it valid, legal and enforceable, in order to reflect the initial intentions of Ubisoft.
16.3 Waiver.
The waiver of a right or a remedy can only be considered to have taken place after we and the user have signed a written declaration to that effect.
No failure or delay by us in exercising any right or remedy under these Terms or the law will constitute a waiver of that right and other rights or remedies, nor will it preclude or limit the further exercise of that right or any other rights. or remedies.
No individual or partial exercise of this right or remedy will preclude or limit the further exercise of that right and other rights or remedies.
16.4 Entire Agreement.
a) In signing these Terms, neither party has relied on and does not rely on any representations, representations, warranties or warranties ("Representation") of any person other than as expressly set forth in these Terms.
b) Each party agrees that the only rights and remedies available to it arising from or connected to a Declaration will be enforced in the event of a breach of contract.
c) These Terms and any rules or instructions posted online relating to a Service contain the entire agreement between us and you in relation to the subject matter of this document and supersede and cancel any prior verbal or written agreements, negotiations and contracts. or contemporary.
d) Nothing in this article will limit or exclude any liability for fraud or fraudulent misrepresentation.
16.5 Dispute Resolution.
Alternative dispute resolution In the event of disputes or complaints in relation to these Conditions, the European Commission provides a platform, which facilitates the independent and out-of-court resolution of online disputes between consumers and professionals, accessible at the following address: https: // ec .europa.eu / consumers / odr /.
Law and competent jurisdiction.
These Conditions and your / your Account are governed by Italian law, without application of its rules relating to conflict of laws, and expressly acknowledge the exclusive jurisdiction of the Court of Milan for any dispute with Ubisoft and / or its subsidiaries and their respective employees, subcontractors, managers, vendors and suppliers of content should arise from the interpretation, execution and termination of these Conditions or, in any case, should be connected to them.
16.6 Force majeure.
We disclaim any liability under these Terms if we are prevented or delayed in fulfilling our obligations or carrying out our business due to acts, events, omissions or incidents beyond our reasonable control, including but not limited to , strikes, telecommunications network failures, acts of God, wars, riots, pandemics, malicious damage, compliance with any law or ordinance, accident, fire, flood or default by subcontractors.
16.7 Contact / Customer Service.
These Conditions are available at https://legal.ubi.com.
If you have any questions about these Terms, Services or Content, please contact us at: https://support.ubi.com.
THESE CONDITIONS APPLY ONLY FOR THE PURPOSES PERMITTED BY APPLICABLE LAW.