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New EA TOS posted in EA Account

Discussion in 'UHall' started by BahamaMama, Aug 26, 2011.

  1. BahamaMama

    BahamaMama Seasoned Veteran
    Stratics Veteran Stratics Legend

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    I just logged into my EA Account and EA has a new TOS posted. You have to agree to it to see/change your account info.

    I didn't take any screen shots.. it's rather long. Any one else see/read it yet?
     
  2. Tina Small

    Tina Small Stratics Legend
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    I copied both the old ToS and Privacy Policy to text documents when we first became able to use the account center. I'll try to copy the new ToS and see if I can compare it to the "old" one from a few weeks ago to see what's different.
     
  3. Woodsman

    Woodsman Guest

    There is a whole lot of stuff happening with EA and the Origin TOS/EULA and Client, they've now changed it at least once just this week, and they are now saying that Star Wars no longer requires the Origin client. This is the latest story on the revision:

    EA revises Origin EULA; data collection is still in, collection for marketing is out | Joystiq

     
  4. kelmo

    kelmo Old and in the way
    Professional Stratics Veteran Alumni Dread Lord

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    LAST UPDATED: August 25, 2011

    ELECTRONIC ARTS TERMS OF SERVICE


    These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or EA/Origin Account to access, install or play as well as any EA/ Origin Account you use to access online or mobile products or services ("EA Services") offered by Electronic Arts or any of its subsidiaries and affiliates (collectively, "EA") for PC, game system or mobile device. If you reside in the United States, Canada or Japan, these terms are an agreement between you and Electronic Arts Inc. If you reside in any other country, then these terms are an agreement between you and EA Swiss Sàrl, a company registered in the Geneva Companies Registry with company registration number: CH-660-2328005-8 and with offices at 8 Place du Molard, 1204 Geneva, Switzerland. If additional terms and/or agreements apply to the EA Service(s) used by you, those additional terms and/or agreements govern your use of EA Services as well.

    These Terms of Service, as well as EA’s Privacy Policy available at privacy.ea.com (incorporated herein by reference) form legally binding contracts between you and EA. By using EA Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

    You agree to check terms.ea.com periodically for new information and terms that govern your use of EA Services. EA may modify the Terms of Service at any time. Revisions to terms affecting existing EA Services shall be effective thirty (30) days after posting at terms.ea.com. Terms for new EA Services are effective immediately upon posting at terms.ea.com.

    Table of Contents

    1. EA Account (Also Known As An Origin Account)
    2. Content
    3. Entitlements
    4. Use and Expiration of Content and Entitlements/General License Restrictions
    5. Content and Entitlement Availability
    6. Contributing Third Party Content to EA Services
    7. Contributing Your Own Content to EA Services; License Grant to EA and Others
    8. Paid Services
    9. Termination of EA Services and Accounts
    10. Cancellation of your Account
    11. Rules of Conduct
    12. Services Not Controlled By EA
    13. Software, Utilities and Tools
    14. Export Control Laws
    15. Updates to EA Services
    16. Limitations on Warranty and Liability
    17. Indemnification
    18. Links to Third-Party Sites
    19. General Terms
    20. Dispute Resolution By Binding Arbitration
    21. Entire Agreement
    22. Notice to California Residents
    23. Supplemental Terms


    1. EA Account (Also Known As An Origin Account)

    An EA Account (also known as an Origin Account) ("Account") may be required to access and use some EA Services. If you have questions about Account registration, please contact us by visiting support.ea.com.

    To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the EA Service for which you are registering. In addition, some EA Services may require creation of a "user name" or a "persona" to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

    You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. EA will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

    2. Content

    "Content" on EA Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from EA Services, as well as the design and appearance of our websites. All Content--with the exception of third party content discussed below in Section 6--is owned by EA or its affiliates, subsidiaries, licensors or suppliers. Content includes user-generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, chat posts, profile content and any other Content contributed by users to EA Services. EA Content and UGC collectively shall be referred to as "Content." EA does not pre-screen all UGC and does not endorse, approve, or prescreen any UGC that you and other users may contribute to EA Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on EA Services.

    EA reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when EA determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in EA's sole and final discretion. To the maximum extent permitted by applicable law, EA does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.

    You are solely responsible for your UGC and may be held liable for UGC that you post.

    3. Entitlements

    "Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of EA Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.

    4. Use and Expiration of Content and Entitlements/General License Restrictions

    EA grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the EA Services accessed by you. Content and Entitlements and all other intellectual property rights in or on EA Services as well as the products and services offered through EA Services, are owned by EA or EA's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from an EA Service unless you are expressly authorized to do so. In addition, unless expressly authorized by EA, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the EA Services you are using.

    EA reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of EA and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on EA Services may result in the termination of your Account(s), prohibition on use of EA Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless EA from any unauthorized or illegal conduct by you, or through the use of your Account, on EA Services.

    5. EA Services, Content and Entitlement Availability

    Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from EA or an authorized retailer. EA reserves the right to refuse your request(s) to acquire Entitlements, and EA reserves the right to limit or block any request to acquire Entitlements for any reason.

    We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.

    6. Contributing Third Party Content to EA Services

    EA respects the intellectual property rights of others. You must have the legal right to upload Content to EA Services. You may not upload or post any Content on EA Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only Content that you are permitted to upload by the owner or by law. EA may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of EA's or a third party's intellectual property or other rights, EA may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.

    7. Contributing UGC to EA Services; License Grant to EA and Others

    When you contribute UGC to an EA Service, you expressly grant to EA a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant EA all licenses, consents and clearances to enable EA to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.

    If the EA Service on which you contribute UGC permits other users to access and use that UGC as part of the EA Service, then you also grant all other users of the relevant EA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant EA Service without further notice, attribution or compensation to you.

    8. Paid Services

    Some EA Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services, visit support.ea.com.

    FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

    EA reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an EA Service, EA will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the EA Service. You are responsible for reviewing the EA Service to obtain timely notice of such changes. Your continued use of the EA Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but EA will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of EA Services is subject to use or sales tax, then EA may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit support.ea.com.


    A. Payment Options. You may pay fees using the methods available for the particular EA Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by EA Service. When you provide credit card or other payment information to EA, you represent to EA that you are the authorized user of the credit card or other payment method. By agreeing to this Terms of Service, you have agreed to permit EA to automatically renew your subscription to an EA Service by charging a valid credit card number which you have provided to EA. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than EA's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify EA if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at support.ea.com. If you fail to provide EA any of the foregoing information, you agree that EA may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. EA reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to EA. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit support.ea.com.

    As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.

    B. Trial Subscriptions. For some EA Services, EA may offer a free trial subscription. If you accept a free trial subscription, EA will begin to bill your Account for that EA Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using EA Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.

    C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to EA. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.


    9. Termination of EA Services

    EA may terminate access to any online or mobile products and/or EA Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular EA Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at EA’s discretion) provided to you via email or is posted on the applicable product or EA Service or on Service Updates.

    EA may also terminate access to EA Services for violation of this Terms of Service, if EA (in its sole discretion) deems that your use of EA Services renders EA Services less safe for others and/or minors or for illegal or improper use of EA Services, Content, Entitlement, products, or EA's Intellectual Property as determined by EA in its sole discretion. You may lose your user name and persona as a result of termination. If you have more than one (1) Account, EA may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to EA Services accessed by you, EA may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level , immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all EA Services or certain EA Services. You acknowledge that in such an instance EA is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all EA Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If EA terminates your Account, you may not participate in an EA Service again without EA's express permission. EA reserves the right to refuse to keep Accounts for, and provide EA Services to, any individual. You may not allow individuals whose Accounts have been terminated by EA to use your Account.

    If your Account, or a particular subscription for an EA Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all EA Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular EA Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at support.ea.com.

    10. Cancellation of your Account

    You have the right to cancel your Account or a particular subscription to an EA Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use EA Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with EA, including any dispute related to, or arising out of: (1) any term of this Terms of Service or EA's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through EA Services or any change in Content or Entitlements provided through EA Services; (3) your ability to access and/or use EA Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for EA Services and/or any Content or Entitlements thereon.

    Contact EA's Customer Service Department at support.ea.com to cancel your Account. EA reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an EA Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with EA Services must be settled before you establish a new Account.

    11. Rules of Conduct

    You may violate the Terms of Service if, as determined by EA in its sole discretion, you:

    - Post, transmit, promote, or distribute Content that is illegal.
    - Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
    - Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated.
    - Use abusive, offensive, or defamatory screen names and/or personas.
    - Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of EA Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an EA Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
    - Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
    - Impersonate another person (including celebrities), indicate falsely that you are an EA employee or a representative of EA, or attempt to mislead users by indicating that you represent EA or any of EA's partners or affiliates.
    - Attempt to get a password, account information, or other private information from anyone else on EA Services.
    - Upload any software or Content that you do not own or have permission to freely distribute.
    - Violate any additional Rules of Conduct applicable to a specific EA Service that you are using.
    - Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
    - Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt EA Services.
    - Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
    - Improperly use in-game support or complaint buttons or make false reports to EA staff.
    - Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
    - Use any game hacking/altering/cheating software or tools.
    - Modify or attempt to modify any file or any other part of the EA Service that EA does not specifically authorize you to modify.
    - Post or communicate any person's real-world personal information using an EA Service.
    - Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an EA Service.
    - Use and communicate exploits and/or cheats.
    - Attempt to use EA Software on or through any service that is not controlled or authorized by Electronic Arts. Any such use is at your own risk and may subject you to additional or different terms. EA takes no responsibility for your use of EA Software on or through any service that is not controlled by Electronic Arts.
    - Interfere with the ability of others to enjoy playing an EA Service or take actions that interfere with or materially increase the cost to provide an EA Service for the enjoyment of all its users.
    - Unless expressly authorized by EA, you may not sell, buy, trade or otherwise transfer your Account or any personal access to EA Services, Content or Entitlements, including by use of auction websites.
    - You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
    - Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
    - Abuse or exploit bugs, undocumented features, design errors or problems in the game.
    - “Role –playing” is not an excuse for violating this or any other policy.

    Specific EA Services may also post additional rules that apply to your conduct on those services.

    You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use EA Services. EA reserves the right to terminate your Account and to prevent your use of any and all EA Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

    Unless otherwise specified, there is no requirement or expectation that EA will monitor or record any online activity on EA Services, including communications. However, EA reserves the right to access and/or record any online activity on EA Services and you give EA your express consent to access and record your activities. EA reserves the right to remove any content from any EA Service at EA's sole discretion. EA has no liability for your or any third party's violation of this Agreement.

    If you encounter another user who is violating any of the Rules of Conduct, please report this activity to EA using the "Help" or "Report Abuse" functions in the relevant EA Service, if available, or contact Customer Support at support.ea.com.

    12. Services Not Controlled By EA

    Some products may give you the option of using EA Software on or through a service that is not controlled by EA. For example, you may be given the option to play EA Software online on servers not owned or controlled by EA. EA takes no responsibility for your use of EA Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-EA controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

    13. Software, Utilities and Tools

    EA Services may require or allow you to download software, software updates or patches, or other utilities and tools from EA or its licensors onto your computer, entertainment system or device ("EA Software"). EA grants to you a non-exclusive, limited license to use EA Software solely for the purpose stated by EA at the time the EA Software is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the EA Software, your use of the EA Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access EA Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from EA Software. You may not modify EA Software or use it in any way not expressly authorized in writing by EA. You understand that EA's introduction of various technologies may not be consistent across all platforms and that the performance of EA Software and related EA Services may vary depending on your computer and other equipment.

    From time to time, Electronic Arts may provide you with updates or modifications to EA Software. You understand that certain updates and modifications may be required in order to continue use the EA Software and EA Services.

    14. Export Control Laws

    EA Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading EA Software from EA, you warrant that you are not located in any country, or exporting EA Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

    You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or EA Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to EA Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

    15. Updates to EA Services

    IMPORTANT: EA MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF EA SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. EA RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

    16. Limitations on Warranty and Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF EA SERVICES, EA SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. EA SERVICES, EA SOFTWARE, EA PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF EA SOFTWARE OR EA SERVICES. EA DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. EA PROVIDES EA SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE EA SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT EA WILL HAVE ADEQUATE CAPACITY FOR EA SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EA OR ITS LICENSORS ARISING OUT OF OR RELATING TO EA SERVICES AND/OR EA PRODUCTS IS TO STOP USING EA SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT EA, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON EA SERVICES OR USE OF EA SOFTWARE. IN NO CASE SHALL EA'S OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "EA AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EA FOR EA SERVICES. IN NO CASE SHALL EA OR EA AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF EA SERVICES, EA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EA SERVICES OR ACCOUNTS. WHILE EA USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, EA ASSUMES NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY EA SERVICE, CONTENT, EA SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

    BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EA'S AND EA AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. EA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH EA AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
     
  5. kelmo

    kelmo Old and in the way
    Professional Stratics Veteran Alumni Dread Lord

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    17. Indemnification

    Upon EA's request, you agree to defend, indemnify and hold harmless EA and EA Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through EA Services. Without limiting the generality of the foregoing, you agree to indemnify and hold EA harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of EA Services and for all of your communication and activity on EA Services, including any Content you contribute, and that you will indemnify and hold harmless EA and EA Affiliates from any liability or damages arising from your conduct on EA Services, including any Content that you contribute.

    EA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to EA in that matter. This Section shall survive termination of this Terms of Service.

    18. Links to Third-Party Sites

    EA Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. EA does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

    19. General Terms


    A. Remedies. You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the EA Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including EA's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

    B. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of EA, and the remaining portions shall remain in full force and effect.

    C. Waiver. The failure of EA to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by EA.

    D. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with EA or relating in any way to your Account(s) or your use of EA Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving EA or its affiliates, employees, contractors, officers, directors, vendors and content providers. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) to the extent applicable pursuant to section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with EA, arising out of or relating in any way to your Account(s) or your use of EA Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent (to the extent applicable pursuant to section 20, below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by section 20 below including any claim involving EA or EA Affiliates, subsidiaries, contractors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.


    20. Dispute Resolution By Binding Arbitration

    The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 20.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA’s last settlement offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.

    PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

    Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your EA Account at support.ea.com. In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union. By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us (“Disputes”), including without limitation:


    - claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
    - claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
    - claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
    - claims that may arise after the termination of this Agreement.


    The only disputes that are not covered by this Section are the following:


    - a claim to enforce or protect, or concerning the validity of, any of your or EA’s (or any of EA’s licensors’) intellectual property rights;
    - a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
    - In addition, nothing in this Section shall prevent either party from initiating a small claims court action.


    References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.

    a. Informal Negotiations/Notice of Dispute. You and EA agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). EA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department.

    b. Binding Arbitration. If you and EA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website AAA - Arbitration, Mediation and other forms of Alternative Dispute Resolution (ADR). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send EA a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

    c. Restrictions. You and EA agree that any arbitration shall be limited to the Dispute between EA and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

    d. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

    e. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA's last written settlement offer made before written submissions are made to the arbitrator, then EA will:


    - Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
    - Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").


    The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

    The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. EA waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us.

    f. Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

    g. Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if EA makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

    21. Entire Agreement

    The Terms of Service (including the EA Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and EA relating to your rights and obligations in the use of EA Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on an EA Service, EA shall resolve the conflict in its sole discretion.

    22. Special Notice to California Residents

    Pursuant to Cal. Civil Code § 1789.3, please note that (a) EA is located at 209 Redwood Shores Parkway, Redwood City, CA 94065, (b) The fees and charges for EA Services vary depending on the services selected by you, and (c) If you have a complaint regarding EA Services or desire further information on use of EA Services, visit EA's Customer Support web pages at support.ea.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

    Bookmark terms.ea.com and visit this site regularly for updates to EA Terms of Service.

    23. Supplemental Terms

    Additional Terms and Conditions for Specific EA Services

    Certain EA Services may require you to read and agree to terms and conditions that are specific to that EA Service. Your right to use that EA Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, EA will be the final and sole arbiter of any such inconsistencies.

    Beta Tests

    In its sole discretion, EA may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to EA (and to EA only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test." You must sign and return to EA a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

    In connection with the Beta Test, EA may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the EA site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of EA. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.

    You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to EA, and EA is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until EA publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

    Upon request, you agree to immediately return to EA all copies of the pre-release copy and confidential or proprietary information EA provided to you.

    As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

    When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.

    By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) EA has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) EA's Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

    Beta Test accounts are non-transferable under any circumstances.

    The Xbox LIVE® Terms of Use

    The Xbox LIVE® Terms of Use continue to apply in their entirety and govern your conduct while accessing EA Services through Xbox LIVE®. To the extent that Xbox LIVE® Terms of Use conflict with the EA Terms of Service, the Xbox LIVE® Terms of Use control. EA is solely responsible for the operation and content of EA Services. Microsoft may collect and use information about you and your use of Xbox LIVE® while accessing EA Services through Xbox LIVE®. Microsoft's use and collection of such information is governed by the Xbox LIVE® Privacy Statement (available at xbox.com or by calling 1-800-4MY-XBOX). BY ACCESSING EA SERVICES THROUGH XBOX LIVE® YOU HEREBY AGREE THAT MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU MAY SUFFER WHILE ACCESSING EA SERVICES THROUGH THE XBOX LIVE® SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CAUSES OF ACTION AND CLAIMS THAT YOU MIGHT BE ABLE TO ASSERT AGAINST MICROSOFT ARISING OUT SUCH DAMAGES OR YOUR USE OF EA SERVICES. EA is solely responsible for providing all customer support and billing for services obtained through EA Services.

    EA Online Service for the PlayStation®2 Computer Entertainment System
    - Statement by Sony Computer Entertainment (North America)
    "DNAS"
    This Software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected does not identify the user personally and will not be shared with any non-SCE company. A PUBLISHER CAN COMBINE THIS INFORMATION WITH PERSONALLY IDENTIFYING INFORMATION FROM THE PUBLISHER'S RECORDS IF THE USER PROVIDES THE PERSONALLY IDENTIFYING INFORMATION. BEFORE PROVIDING ANY PERSONAL INFORMATION TO A PUBLISHER, PLEASE BE SURE TO REVIEW THE PUBLISHER'S PRIVACY POLICY AND TERMS AND CONDITIONS OF USE. DO NOT PROVIDE PERSONALLY IDENTIFYING INFORMATION TO A PUBLISHER UNLESS YOU ACCEPT THE CONDITIONS OF USE AND TERMS OF THEIR PRIVACY POLICY. SCEI, Sony Computer Entertainment America ("SCEA") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEA shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact SCEA Consumer Services at 1-866-466-5333. For additional information concerning "DNAS", visit www.us.playstation.com/DNAS. In the event of a system's incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEA and their affiliates shall be limited to the repair or replacement of the user's affected game software, system or peripherals at the option of SCEA. SCEA, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto.

    - Statement by Sony Computer Entertainment (Europe)
    This Software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. SCEI, Sony Computer Entertainment Europe ("SCEE") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEE shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact your local PlayStation Customer Care line on the number provided in the software manual. For additional information concerning "DNAS", refer to PlayStation.com. In the event of a systems incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEE and their affiliates shall be limited to the repair or replacement of the user's affected, game software, system or peripherals at the option of SCEE. SCEE, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto.

    - Statement by Sony Computer Entertainment (Japan) for Privacy Policy & Network
    This Software uses Network Authentication System. Network Authentication System retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected does not identify the user personally. Electronic Arts can combine this information with personally identifying information from Electronic Arts' records if you provide the personally identifying information. Before providing any personal information to Electronic Arts, please be sure to review Electronic Arts' privacy policy and terms and conditions of use. Do not provide personally identifying information to Electronic Arts unless you accept the conditions of use and terms of their privacy policy.

    EA Online Service for the PlayStation®3 Computer Entertainment System
    The PlayStation®Network ("PSN") Terms of Service continue to apply in their entirety and govern your conduct while accessing EA Online through the PlayStation®Network. Any conflict between the EA Online Terms of Service and the PSN Terms of Service and User Agreement shall be resolved in favor of the PSN Terms of Service and User Agreement.

    PlayStation®Store Purchases in Europe
    Any content purchased in an in-game store will be purchased from PlayStation Network Europe Limited ("PSNE") and be subject to PSNE's Terms of Service and User Agreement which is available on the PlayStation®Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

    PlayStation®Store Purchases in USA and Canada
    Purchase and use of items are subject to the PlayStation®Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Computer Entertainment America.

    Adobe® Products
    Adobe® Flash® Player. Copyright © 1996 - 2010. Adobe Systems Incorporated. All Rights Reserved. Patents pending in the United States and other countries. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries.

    Adobe® Shockwave® Player. Copyright © 1996 - 2010. Adobe Systems Incorporated. All Rights Reserved. Adobe and Shockwave are either trademarks or registered trademarks in the United States and/or other countries.

    Adobe® AIR™. Copyright © 2007 - 2010. Adobe Systems Incorporated. All Rights Reserved. Adobe and Adobe AIR are either trademarks or registered trademarks in the United States and/or other countries.


    Version 45372_8
     
  6. Hobo Sapien

    Hobo Sapien Seasoned Veteran
    Stratics Veteran

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    Blah Blah, Blah, Blah BlahBlah. Geez-O-Pete what did they say?
     
  7. Larisa

    Larisa Reporting Manager
    Editor Reporter Moderator Professional Wiki Moderator Stratics Veteran Stratics Legend Editor Fallen Lords

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    This is EXACTLY why people complain when things happen...because they do not READ the ToS...they just scroll down and click *I Accept*

    They could probably put in there*..and you also agree to give EA your social security benefits* and 95% of the people wouldn't even know it.

    READ the ToS EVERY time for EVERYTHING you download/play...VERY IMPORTANT!
     
  8. Sevin0oo0

    Sevin0oo0 Guest

    "you may not sell, buy, trade or otherwise transfer your Account or any personal access to EA Services, Content or Entitlements, including by use of auction websites"

    so we can sell, buy, trade items, just not accounts or time(access) codes?
     
  9. kelmo

    kelmo Old and in the way
    Professional Stratics Veteran Alumni Dread Lord

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    You mean this clause? Dunno... I have not wrapped my mind around it yet.

    Unless expressly authorized by EA, you may not sell, buy, trade or otherwise transfer your Account or any personal access to EA Services, Content or Entitlements, including by use of auction websites.
     
  10. Woodsman

    Woodsman Guest

    In-game items for cash certainly falls into the "Content" and "not sell" category. Before any gold resellers flip out, I doubt this TOS was inspired by UO - there are so many bigger fish that EA is trying to fry with these new TOS/EULAs through Origin. Given that the media latched onto the new and that EA has already changed it once this week, I wouldn't be surprised if we get another one next week.

    I would guess this was about Star Wars, but I've got a friend who was invited to try it out, and when I played around with it, it didn't seem like you could easily give stuff away, similar to Warcraft where a lot of things are soulbound on pickup or whatever and cannot be sold or traded. Of course they definitely want to prevent the resale of Star Wars accounts since that's money they lose from a retail or digital purchase of the game itself.
     
  11. AirmidCecht

    AirmidCecht twitch.tv/airmid
    Stratics Veteran Alumni Stratics Legend

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    Keep reading, they always do a 'and also' at the end of most ToS contracts :D

     
  12. Woodsman

    Woodsman Guest

    Oh I would like it if they specifically went after RMTers in UO, but I seriously doubt it would happen.
     
  13. Gunga_Din

    Gunga_Din Guest

    Setting up to protect Star Wars at all costs. If that game tanks, EA blah blah blah , is gone.
     
  14. Sevin0oo0

    Sevin0oo0 Guest

    maybe not inspired, but still the one We, and Stratics (as a Fansite) have to follow. Reason I asked, can't it affect the 'trade' forums here on this board?
     
  15. kelmo

    kelmo Old and in the way
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    I doubt that. It is just an MMO.
     
  16. AirmidCecht

    AirmidCecht twitch.tv/airmid
    Stratics Veteran Alumni Stratics Legend

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    No Sevin. This is not UO based either. It is Stratics based. Hope that clarifies things for you :)

    *editing to clarify more:
    The policy was stated primarily on Uhall in 2008 but does not apply to just UO Stratics here.

    Now that we've established that perhaps we can focus on the OP with EA's ToS.
     
  17. Chrille

    Chrille Journeyman
    Professional Stratics Veteran Stratics Legend Glorious Lord

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    Is the official trade ac**** site gone?
     
  18. Woodsman

    Woodsman Guest

    They are saying it's going to be one of the biggest launches in game history, not just MMO history. That worries me even more if it flops, but that's for another thread.

    EA's got a lot going on that prompted some of the changes in the EULA/TOS stuff that drew a lot of attention from the media. They are publishing The Secret World next year which is going to have micro-transactions/cash shops and obviously Star Wars and those are just two upcoming examples on the MMORPG side, but, they've got a lot of upcoming Facebook and social gaming stuff as well. As they change and move more stuff online and have more online games, they probably want to stay ahead of certain issues reflected in the changes. Some of those issues they ignored, deliberately or not, in the past.

    However the stuff about sharing user information with marketers or third parties crossed a line and EA is backing down now. I'm still not surprised that EA sprang that on everybody with the Origin service. If the bloggers and gaming sites hadn't picked up on it, EA would have gotten away with it.
     
  19. Sevin0oo0

    Sevin0oo0 Guest

    NO, I'm still confused - yeah I know there's no RMT on Stratics or Any fansite (I'm cool w/ that - pretty standard practice now days), and I wasn't even gonna mention anything about it either, soo touchy.
    - the tos section I was referring to said "trade".
    Additionally... It kinda reads like I wouldn't be able to "otherwise" transfer my account to anyone either.
     
  20. ah well, Guess me being out of EA's >old< contract/TOS ... was an inevitable necessity
    EAs "migration" breach allowed(pushed) me out ... and the new one has walled me away forever ...

    it's a 7th amendment thang
    I Like the seventh amendment ... ain't gonna throw/sign mine away.

    I wonder how many EA will sweep up by click throughs and/or never saw the change
    (anyone that never re-reviewed the contract/TOS, as agreed to in the old one, >within thirty days< of its posting)

    I guess I'll need to get a papercopy from EA that all our "contracts/TOSs" ARE ended ...
    just in case they forget, or overwrite / add / change / modify the electronic records in some modification at some later date.


    Fayled
     
  21. kelmo

    kelmo Old and in the way
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    *smiles* You think so? SW:TOR is gonna be all that? I genuinely hope so. It would fix a lot of things...

    *insert a bunch of opinions and half baked ideas here*

    I really did type a bunch of those. Just decided to be vanilla for a while.
     
  22. kelmo

    kelmo Old and in the way
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    You do realize EA can afford a lawyer or two? Your threats need to be on a private and personal level with EA. Stratics will no longer be your method of communication with EA. Any further mention of any sort of legal action by you against any other party or cooperation will be dealt with under rule b.
     
  23. MalagAste

    MalagAste Belaern d'Zhaunil
    Reporter Professional Stratics Veteran Stratics Legend Campaign Supporter Royal Knight

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    Of course they can post all the rules they want to in the ToS... But when it gets right down to it.... they epically fail to enforce 90% of them...

    So what good are they?

    It makes no difference what rules they want to put into the ToS if they don't enforce them or can't enforce them...
     
  24. Woodsman

    Woodsman Guest

    Again, I don't think it's necessarily tied to UO, but the moves about not transferring accounts is probably a jab at the used game market. Ubsisoft was planning on tying games to peoples Ubisoft accounts to cut down on used game sales, but I think they backed down. The game companies do not like used game sales.
     
  25. WildWobble

    WildWobble Sage
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    Its more nonsense the legal staff cooked up to keep their jobs nothing more! sorry but tos are useless except as a tool to Cover their Butts. In reguards to buying and selling stuff well for brand new games yeah they like to crack down on a few to give people the impression they care but its just token lip service a game with 100 000+ is a huge number to police and the minimal staff the companys put to the task do their best but don't even get 5% of the culprits. In the end people just scroll and click accept simply because the tos is meaningless to the avarage user of the product.

    The real problem are rogue developers who work on a game then get laid off or move on they are the ones who put in backdoors to abuse the game economys selling stuff. Seriously if you were working on a game and were writeing 1000's of lines of code wouldent you slip in a backdoor? I sure would thats huge money if the game is popular!
     
  26. Gunga_Din

    Gunga_Din Guest

    Don't be so sure. God I love disagreeing with Kelmo :) He's like my nemesis on the forums lol.
     
  27. Indeed! I do believe they have access to lawyers.
    I do not believe I made any "threats",
    (because I REALLY DO believe they have access to lawyers)

    Regardless, Mods rule!

    I shall comply fully with your directions.

    Fayled Dhreams
     
  28. Zosimus

    Zosimus Grand Inquisitor
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    This reminds me of the South Park season 15 episode 1 lol.
     
  29. Heartseeker

    Heartseeker Guest

    The new TOS has a few ugly stipulations.

    I suggest everyone read it.

    I will not comply with what they are about to do with "our" private info.

    If you like intrusion then click away.....
     
  30. AirmidCecht

    AirmidCecht twitch.tv/airmid
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    "EA also added a note that seems directly inspired by the outcry over the last EULA. "EA knows that you care how information about you is collected, used and shared, and we appreciate your trust that we will do so carefully and sensibly," the document now reads. "Information about our customers is an important part of our business, and EA would never sell your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users' machines."

    Source: joystiq.com
     
  31. popps

    popps Always Present
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    One thing I have not understood, this new TOS only applies to Ultima Online and its players or is it a general TOS for all EA games and will therefore apply just alike to all players of all other EA games ?
     
  32. G.v.P

    G.v.P Stratics Legend
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    :heart: Kelmo

    EA has had a bad track record with some of their games, like Spore for example had DRM which pushed a ton of people away. Dragon Age was awesome though, I think even if Star Wars fails EA could make a MMO based on Dragon Age and make tons of money. But hey, isn't the last Star Wars MMO still running? And they all but made that game horrible to play after a couple years. Never underestimate the power of the Star Wars nerds (I say with affection).
     
  33. Europa Trader

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    Well better cut down on accounts then if we cannot trade or sell them if we once decide to quit or maybe want some older veteran accounts...

    Maybe EA will add "Buy 12 months Veteran Code" to the gamecode site so people can add 1 year to their accounts up to 14yrs so they can get rewards and ride ethys and so on.
     
  34. Sevin0oo0

    Sevin0oo0 Guest

    That would be my guess, but what do I know, as an Old man, brain damaged, and bit of a 'Tard?
    On one of those origin pages, there was available a 35mb app for d/l (linking games, friends, chat, stuff like that?). My money is on THAT being the snooper, and deliverer of the dynamic content (ads). This is not *bites tongue* a punkbuster thing. They've done metrics for years - no noticeable affect, I expect nothing to change. Doesn't a Lot of software check/scan certain apps installed, running, connected when it goes to install? nothing new. Metrics are a good necessary thing, in my book.
    'personally identifiable info'? what, my IP? Google does that, as does Hotmail, facebook, home depot, *insert huge list* - doubt there's much to worry about there. I think there's a Federal thing about scanning people's pc's, they know this and I'd bet they know their boundaries as well.
     
  35. JC the Builder

    JC the Builder Crazed Zealot
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    How can EA apply this Terms of Service to people who didn't sign up for EA accounts and were simply given them when they started requiring the whole "you now need an EA account for your UO account" thing?
     
  36. Tina Small

    Tina Small Stratics Legend
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    I've posted a document that compares the June 3, 2011 ToS (I saved a copy as a text document when we first had access to the new accounting system) with this new August 25, 2011 ToS as a Google document. You can find it here:

    https://docs.google.com/document/d/1wNTR9mIK5YhMHGBfelbIubgFM5hBxEYQ77aXPaJ-Ecc/edit?hl=en_US

    I did the comparison using Microsoft Word's comparison feature. However, when I moved the resulting document to Google, I wasn't able to maintain much in the way of formatting to show insertions and deletions (e.g., blue and underlined for an insert, red and struck through for a deletion). So the closest I could get was for this Google document to show deletions in red text and insertions in blue text. I may try to (slowly) make my way through the posted document and strike through the red text to make it easier to see that it's been deleted. May take a while though!
     
  37. Lady Storm

    Lady Storm Crazed Zealot
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    Ok if there is any lawyers in the group can you please put that in plain english.... and in under 1000 words or less. Geesh. I read the whole thing top to bottom and to be honest its a mind boggling document.

    It seems they hope SWOR hits it big, and might pull some over flow to its other strugling games. The account managment pages seem to offer you all the "main games" EA has in its collection.
    IF and I do mean IF we get more players out of this and better service(highly doubt) I am for it. But there is one niggling doubt to this..... EA has a habit of dangleing a carrot thats juicy and ripe and ynaking it out of reach when they think you just might get it. SWOR is highly antisapated. So was Warhammer.... When the old SW came out I hesatated to buy it.. but son and nephew pushed and proded till I shelled out the 60$ to get it. I played it for exactly 12 hours period. That was the most expencive 12 hours of game play I have ever done. This version on SWOR I hope is way better but I can tell you this much I wont be spending anything for it.
    I have come to a point in UO that I thought was not going to happen... i'm considering quitting all together.
     
  38. Sevin0oo0

    Sevin0oo0 Guest

    Thanks Tina, that answered my earlier question, in that the 'buy sell trade' lines have not changed apparently, so status quo on that.
     
  39. Tina Small

    Tina Small Stratics Legend
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    The comparison is between the June and August versions of the ToS. Just be careful you're not remembering something from an even older version of the ToS!
     
  40. Jade of Sonoma

    Jade of Sonoma Babbling Loonie
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    DITTO. I have numerous accounts and have supported and stuck with UO since 1997. I play no other games, and always stay on Sonoma.

    This is SUMMER in Canada and my days of good weather are limited this year. My UO account information is (coss the "is" out) was perfectly in order. Suddenly I am getting numerous Notification of Subscription Cancellations. Reason: Lack of Billing Information. Ok they have had a migration of accounts. I try to read everything posted on the forums but read confusing statements from everyone.

    So, now my accounts are slowly getting blocked. Reason: lack of billing information. Where do you go and who can one contact to get it sorted out. I spent time on long distance calls to EA talking to their Technical Dept which could not help with the account billing information problems I am encountering. So WHO do you talk to?

    Has anyone received this type of E-mail for starters, and tried to use the link they provide for customer support?
    Dear EA Customer,

    Thanks for contacting EA. We want you to get the most out of your EA games - anytime, anywhere.

    You can view the details of your Case with EA (Case # and other info) at any time by clicking the following link. (You may need to log in to view your question.)

    http://help.origin.com

    The webpage cannot be displayed

    *sigh* Only one of many such replies.

    As for that TOS .. like you say. One needs a lawyer to handle the interpretation. Mostly, when you read such things, you have no choice if you want to play their games, but to accept. So if we don't like it, we don't accept, and stop paying their wages. :)
     
  41. Sevin0oo0

    Sevin0oo0 Guest

    Ug, yeah, i was thinking the old Rules of Conduct, which currently says
    "With the exception of the sale of in-game items for in-game items or services" (no rmt).
    New tos replaces roc? to exist simultaneously, they seem in conflict
    if so, I'm back to my orig question about the new tos impacting item and acct trades (not rmt)
     
  42. Elric_Soban

    Elric_Soban Babbling Loonie
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    That is EXACTLY WHY it is so long. They don't WANT you to read it. Same thing as alot of contracts. They sneak crap in there knowing full well that 99.99% of people won't read it. Then when something happens, they can point to it and say, "Hah! You signed it! You're outta luck!"

    Contracts 101.
     
  43. Woodsman

    Woodsman Guest

    I doubt it will pull many over to UO or the other MMOs, but what you said rings a bell. A few months back EA's CEO or maybe it was the head of EA Sports was talking about with new systems they were putting in place (what we now know to be the Origin/new account management system), that they wanted people to be able to easily play games on multiple platforms and they even mentioned package pricing. Basically they were chasing customers across the platforms. I don't follow EA Sports so I don't know if it happened, but something he tossed out was some kind of package deal where you pay X amount but get access to multiple games across multiple platforms.

    At the time, I didn't really care, but now that the new account management system is in place and we know they are linking everything to a main account, they ought to seriously consider some kind of package option for say MMOs. Set up a new package that consists of an account for all four MMOs - UO, Camelot, Warhammer, and Star Wars for say $30 a month. Maybe $25 a month.

    There is absolutely no reason why they couldn't do a package, now that all of the MMOs are running under the same accounting system. If the price is cheap, and somebody gets bored with Star Wars, they might just try the other games.

    Star Wars has a much bigger audience than Warhammer, and it's got a hefty fanbase from BioWare's KOTOR days. Warhammer had a much more narrow audience in North America and it didn't have nearly the kind of computer game fanbase to draw upon that Star Wars does. Plus Star Wars is going to get a huge boost from Lucas re-releasing all of the Star Wars movies in 3D starting next year.

    If Mythic had a solid history of Warhammer-based RPGs to build upon, Warhammer probably would have done better. A lot of people bought it not knowing what to expect.

    And for once, EA seems intent on letting a studio release a major game when it's ready, not when it's convenient for a certain financial period or holiday period. The friend of mine who has been doing some testing was told that what he's playing is very nearly what's going to launch, and I've read interviews with the Star Wars team saying the same thing, and that the only holdup is working out how they are going to handle the launch and balance all of the servers. The pressure is high to follow Rift's fairly smooth launch.
     
  44. Entheeya

    Entheeya Seasoned Veteran
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    Judging by EA's lack of enforcement of above RoC's for the past 12 years,
    it could be conscrued that they are legal even if the ROC forbids it.

    If you tell you kid to not dig a hole over there and he does anyway and
    you ignore it, you are implying that its ok .

    Same with EA.....I'm just saying......:twak::twak:
     
  45. Capn Kranky

    Capn Kranky Guest

    Express authorization regarding accounts is probably their way of saying "use our account transfer service or it ain't any good".
     
  46. incorrect, that is covered
    C. Waiver. The failure of EA to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by EA.
     
  47. A "package deal" might be good
    My intial guestimate would be no, would not move enough units, buyers perception could easily be: three of these, the old ones, are just "fillers" I'll go with the single newest (and less cost) one.
    (there's probably a "better" grab bag package out there)

    So what if SWTOR does "go big"?

    from here

    But as games get replaced with newer titles, the number of players still enjoying the older games dwindles to a level -- fewer than 1% of all peak online players across all EA titles -- where it’s no longer feasible to continue the behind-the-scenes work involved with keeping these games up and running.

    there's another number ... for the hall to try and figure out.
    Careful ... it appears to be fuzzy in nature
    fewer than 1% = 0.9999% ? 0.9998% ? 0.9997% ? 0.9% ? 0.8% ?
    of all peak online players Which peak? Euro? NA? Orient?Over all? (24 hour period) month against month or this date against last year?
    as we've seen here in the hall: Accounts paid OR Players ON ...
    :thumbsup: that is why I think, at this point in time ... Every Account >matters< with (hours/minutes)Played accounts as a premium class.
    Which >could be< A WAY ... for the community to "pump up" its current metrics
    log on to each account One hour each week
    could back fire, quite easily ... a "new set" of server spikes ... for one hour, 500 more than last month ... log on and ONLY "idle"
    its a thought.

    Especially IF SWTOR hits its "sustainable"(target for a happy result) half million ... UO needs how many +accounts to break even? tread water? lose no percentage/ground?

    what are the percentages(odds) of that?

    fuzzy math indeed ...
     
  48. DeathNote

    DeathNote Adventurer

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    This will mean that you can no longer trade your account like you used to be able to, so you can't for instance transfer to a family member or otherwise trade the accounts. Which means many veteran accounts will go to waste and new players will have no way of getting these benefits whatsoever.

    Its further complicated with the link to the EA account, as a sale would have to sell the entire EA account with everything on it.

    I have several games on my EA account, so I will never be able to sell my account. I am still debating with myself whether it was a good idea to return to UO at this time.

    I really fear the ship is truly sinking at this point. :(
     
  49. Rupert Avery

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    I think ToS is merely a way for them to exclude them selves from any blame if things go wrong...

    lets say you "broke" tos and sold/traded an account and something wasn't as it seems lets say you were scammed

    you then go to EA and ask for the account to be sorted/returned they will say sorry you broke tos and it has nothing to do with us.

    which is probably where that line has come from with people being scammed and EA having people complain to them..
     
  50. Flutter

    Flutter Always Present
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    What difference does a new TOS make?
    They don't enforce it either way.