UBISOFT TERMS OF SERVICE
Updated as of December 8, 2010
These Terms of Service (« Terms ») are a legally binding agreement between Ubisoft Entertainment S.A. and its worldwide subsidiaries and affiliates (collectively, « Ubisoft ») and you and govern all access and use that you make of the games and services proposed by Ubisoft on the platforms on which the Terms are displayed (collectively, the “Service”).
By accessing or using all or part of the Service, you accept all of the provisions of the Terms and you commit to fully abide by them. IF YOU DO NOT FULLY AGREE WITH THE TERMS, YOU ARE REQUIRED TO LEAVE THE SERVICE AT ONCE.
Ubisoft reserves the right to change the provisions of these Terms at any moment without notice to you. You are responsible for checking the Terms periodically when you use the Service. Your use of the Service will be governed by the version of the Terms publicly available when you make such use.
1. License grant. Minimum age
Subject to your full compliance with the Terms and with any specific rules (including any instructions and menus) that may be governing the games and other features of the Service, as made publicly accessible by Ubisoft within the Service, Ubisoft grants you a non-exclusive, personal, fully revocable right and license to use the Service for non-commercial purpose only. Ubisoft reserves the right to prevent you to access the Service if you make or attempt to make any commercial use of all or part of the Service.
Minors under the age of 13 are not authorized to access the Service. You represent that you are 13 years old or older. If you are between 13 and 18 years old, you represent that your legal guardians have reviewed and agree to the Terms and to your use of the Service.
Please note that all or part of the Service may be subject to additional age restrictions. In that case, the restrictions will be displayed on the relevant Service and/or game access page(s). Do not access the Service unless you fulfill all the applicable age requirements.
2. Access to the Service
The Service is made available by Ubisoft via one or more social networks. You must have a registered account with the social network (“Account”) and, depending on the social network, to be logged in to such Account to be able to access all or part of the Service. You may not access the Service via more than one Account.
Ubisoft specifically identifies you with your Account to provide you with access to the Service. You must keep your Account password in strict confidence, under your sole responsibility, and not disclose it to anyone. You acknowledge and accept that you, and you alone will be responsible for the access to your Account, the data or activities
associated with your Account and all use of the Service conducted by, through or with your Account. Consequently:
(i) You accept the fact that you will be held responsible for all use, in connection with your Account, of false or misleading information within the Service, and that Ubisoft reserves the right to bring any action against you to have you discontinue any breach of the Terms and obtain all compensation for the damages suffered by Ubisoft, its partners or any other third party as a direct or indirect result of such violation.
(ii) If you or anyone else using your Account breach all or part of the Terms, Ubisoft reserves the right to block the access of your Account to the Service, which would result in your inability to use the Service and in the loss of all credits that may be associated to your Account at the time such measure is taken.
(iii) If you have reasons to believe that anyone else than you had access to your password or has by any other means accessed your Account, you undertake to immediately inform Ubisoft and, if applicable, the administrator of the social network, of such event. Under no circumstance will Ubisoft held responsible for the consequences
of a possible use of your Account or password by a third party prior to the time when Ubisoft, notified by you as mentioned above, has been able to act in order to stop the fraud notified.
You further commit to comply at all times when creating your Account and when using the Service with the specific terms and conditions of use of the relevant social networks. Ubisoft cannot be held responsible for your inability to use the Service as a consequence of your Account being invalidated or blocked by the social network administrator.
3. Rules for using the Service
3.1 The Service is provided for personal use only. You cannot make any commercial use of the Service or its content. Any sale, lending or borrowing and any trade are strictly forbidden.
3.2 You commit to observe at all times when using the Service the national and international laws, rules and regulations, and the rules of deontology applicable to Internet usages. YOU WARRANT THAT YOU WILL NOT USE THE SERVICE (INCLUDING WITHOUT LIMITATION BY CREATING OR USING ANY USER GENERATED CONTENT (“UGC”)) FOR ILLEGAL OR IMMORAL PURPOSES. For example, you commit not to:
- use within the Service illegal materials, including without limitation material that would infringe intellectual property rights, privacy and/or publicity rights of third parties, create UGC based on, or from this type or material, or use such content;
- create or use UGC that may be considered at any time at Ubisoft’s sole discretion as threatening, aggressive, harassing, violent, defamatory, pornographic, obscene, vulgar, hateful, invasive of other's privacy, racially, ethnically or otherwise objectionable, or transmit by any means (forum, public profile or other) throughout the Service any material (text, image, sound, video, etc.) having such a character;
- sell UGC or distribute it for commercial purpose, or use UGC otherwise than as strictly permitted by Ubisoft ;
- carry on activities aiming to access elements or features of the Service whose use has not been authorized by Ubisoft ;
- reverse engineer, decompile, disassemble any element of the Service ;
- arrange, change, translate, adapt or duplicate by any means not expressly authorized by Ubisoft any information, software, code, product or any other element comprised in the Service (including UGC and including any information associated to other user’s Accounts) ;
- reorganize, copy or extract by any means the content of the Service without Ubisoft’s prior authorization;
- change, or attempt by any means to change or alter the normal operation of all or part of the Service ;
- request or use the assistance and/or customer support services and/or the reporting tools provided by Ubisoft abusively or in an inadequate or misleading manner;
- block, abnormally slow down or interfere with, the operation of the Service or its accessibility to other users, or the operation of partner networks for the Service;
- cover or obscure any notice or advertisement on the Service;
- transmit or spread any virus, Trojan horse, worm, time bomb, spyware, adware, "auto" or "macro" software program, spider, cheat utility or other similar malicious or invasive programs, scripts, codes or devices throughout the Service;
- participate or in any way be involved in an attack against a server operated by Ubisoft or its partners for the Service;
- harass the other users of the Service or send them unsolicited messages for commercial purposes;
- collect or intercept by any means not expressly allowed by Ubisoft data exchanged by other users through the Service or attempt to do the same;
- use the Account of any other user or attempt to obtain a password or Account related information or any other personally identifiable or private information of any other user;
- use false information (including by use of any means to hide or disguise your IP address);
- present yourself as being someone else or being vested with a quality that you do not have, including by impersonating an employee or representative of Ubisoft;
- use the Service by refusing to follow the instructions of Ubisoft’s personnel;
- make disparaging statements about Ubisoft or the Service.
3.3 The Service may contain links to Internet sites operated by third parties (anyone other than Ubisoft). Ubisoft declines all responsibility regarding the content of the third party sites and the physical or moral damages that these sites may cause. The fact that Ubisoft proposes such links does not entail any obligation for Ubisoft which cannot control in any way third party websites.
4. Virtual Goods. Virtual Currency.
4.1 The Service, as updated by Ubisoft from time to time, allows you to have access in exchange for “real money” or virtual money (“Credits” or “Virtual Currency”) to items which, once added to your account within the Service, can help you enrich your experience in using the Service and creating UGC (“Virtual Goods”). Virtual Currency is usually available for purchase with “real money”.
4.2 For any “real money” purchase within the Service you need to have the age of an adult and the legal capacity as required under the laws of your country of residence. Ubisoft never requests that you provide your payment data. Please insert your payment data only in the appropriate areas of the websites or pages guaranteed by the payment processors as being secure.
4.3 Whenever you order through your Service account Virtual Goods available in exchange for Virtual Currency you authorize Ubisoft to deduct from the available Virtual Currency associated to your account the quantity of Virtual Currency corresponding to the Virtual Goods ordered.
4.4 Virtual Currency and Virtual Goods are licensed to you on a personal and non-commercial basis and you do not have any ownership right in them, or any right to transfer or trade them, or use them outside the Service. Ubisoft and/or Ubisoft’s licensors reserve the right to manage, modify the content and/or price of, and withdraw at any time any offer for Virtual Currency and/or Virtual Goods without notice or liability to you. Should Ubisoft modify or withdraw the Virtual Currency and/or Virtual Goods that you would have already purchased, Ubisoft will notify you of such event and will decide in its sole discretion of the opportunity to refund their price to you or to replace them with other Virtual Currency and/or Virtual Goods.
4.5 Except as specifically provided above, you agree that all purchases of Virtual Currency and Virtual Goods are final and cannot be revoked, refunded or transferred in any way, except in Ubisoft’s sole discretion.
4.6 All Virtual Currency and Virtual Goods associated to your Service profile will be lost if your Account is suspended or terminated for any reason or if Ubisoft blocks the access of your Account to the Service as provided in the Terms.
5. Intellectual Property. User Generated Content (“UGC”).
5.1 The Service and all intellectual or material property relating to its conception, to its text, graphic, sound contents, to the selection and organization of these elements, pertain to Ubisoft or its licensors. All trademarks mentioned within the Service are the property of their respective owners. You acknowledge that you are not authorized to use these elements and information otherwise than as expressly established by Ubisoft.
5.2 While using the Service you may be presented by Ubisoft with the possibility to create or upload content (e.g. text, dialogues, names, titles, catch phrases, images, drawings, models, textures, themes, effects, concepts, graphic elements, animations, objects, backgrounds, settings, disguises, characters, sites, sounds, musical works, audiovisual effects, etc.) in the Service (collectively, “UGC”). If you create any UGC, you agree to abide at all times during and after the creation of such content by the restrictions of these Terms.
5.3 UGC based on Ubisoft property. With respect to any UGC that you develop and create thanks to the use of tools and/or based to any extent on preexisting elements pertaining to Ubisoft or the Service, you agree that Ubisoft shall be the one and only owner of all rights in such UGC from the moment of such creation. In consequence, by accepting the Terms you expressly agree to irrevocably assign to Ubisoft at no cost for Ubisoft any and all exploitation rights you may have in such UGC, and in particular:
(i) the right to reproduce permanently or temporarily, by any means, in any form, and on any media now known or hereafter devised the UGC, including:
- the right to include all or part of the UGC in all or part of any product pertaining to Ubisoft;
- the right to upload and download, to display, run, transmit and/or store in any location the UGC and any product containing all or part of the UGC;
- the right to arrange or change directly or through a third party the UGC and the right to reproduce the results of any of these operations by any means and on any media now known or hereafter devised;
- the right to make any number of copies of all or part of the UGC and of any product comprising all or part of the UGC, including changed or arranged versions, by any means and on any media (including digital, CD, CD-ROM, DVD, cartridges, mobile phones, PDA, Internet, etc.);
- the right to make available for free or in exchange for a fee and the right to distribute (including by loan and sale) the UGC (including in arranged or changed forms) and any product incorporating all or part of such UGC by any means and on any media, now known or hereafter devised;
- the right to reproduce the UGC by all means, in all forms and on all media as necessary in view of the exploitation rights below.
(ii) the right to show and display the UGC in all public and private spaces, by any means and on any media now known or hereafter devised;
(iii) the right to use in any way the UGC for demonstration, promotional and advertising purposes for any Ubisoft product;
(iv) the right to make available to the public in any way, to the largest extent possible, for free or for a fee, the UGC or any product incorporating all or part of the UGC, by any means now known or hereafter devised including Internet, digital distribution, pay per view, pay per play, television broadcasting, and generally, through any network (including analogical, digital and telecommunications networks);
(v) the right to make or have made all new product incorporating all or part of the UGC or of any product incorporating UGC, used as such or as changed by or for Ubisoft;
(vi) the right to exploit all the “derivative” rights in connection with the UGC, including:
- the right to use and exploit all or part of the UGC and of any products that incorporate the same for “merchandising” purposes (where “merchandising” shall include the use of any UGC in any form, changed or not, for purposes such as : publishing, including as books, comic books, strategy guides, books based on the universe and graphic elements of the games within the Service, magazines, calendars, paper goods, stickers, posters, billboards, computer or console accessories, wallpapers, screen savers, manufacturing of figurines, toys, games with any material, textiles, dishware, drawings, advertising elements (including by e-mailing through Internet), sound or video reproduction and display, and any other objects incorporating all or part of the UGC in their substance, in their form, decoration, packaging or presentation);
- the right to create and exploit sequels, prequels, add-ons, spin-offs and any conversions of any game or other material including UGC for any platform, in any language and any form whatsoever at Ubisoft’s discretion.
And all other intellectual property rights of an author. This assignment of rights shall be effective throughout the world for the entire term of protection of each UGC by the law.
You further agree to refrain from using the UGC otherwise than as strictly permitted by the license granted below.
Accordingly, Ubisoft hereby grants you a personal, revocable at any time, non exclusive and non transferrable license to display the UGC available within the Service and use it as authorized by Ubisoft, for non commercial purposes only, including by creating derivative works resulting in other UGC.
5.4 UGC not based on Ubisoft property. With respect to all UGC that you upload on the Service and that is not based to any extent on elements pertaining to Ubisoft and/or its licensors, you grant Ubisoft a perpetual (or for the term of protection of copyrights on UGC by applicable laws), unrestricted, unconditional, irrevocable, fully transferrable, fully-paid and royalty free, worldwide right and license to host, store, cache, copy, reproduce, edit, resize, reformat, modify, create derivative works, disclose, display, distribute, broadcast and generally exploit such UGC as contemplated in section 5.3 above, by any means, on any media now existing or hereafter devised, for any purpose (including commercial) and throughout the world, without having you necessarily mentioned as a source of that UGC. Also, you grant to the other users of the Service a royalty free, non exclusive, perpetual, irrevocable and worldwide right and license to use, as allowed by Ubisoft in connection with the Service, the UGC that you have created and published, and specifically the right to access, display, copy, adapt, change that content and create derivative works. This license grant shall survive any termination of the license granted to you by Ubisoft under these Terms.
5.5 All UGC. In any case:
- any use by you of any UGC for commercial purposes or outside the Service is strictly forbidden;
- Ubisoft does not pay you for your content (UGC or other) that you publish within the Service;
- you warrant Ubisoft that all content that you publish within the Service pertains to the public domain or is your original creation and that the display and use by Ubisoft of that content in connection to the provision of the Service does not breach any law or any third party rights (intellectual property, privacy, publicity or other rights);
- you will be personally responsible for your creation and use of all content that you publish within the Service, and you will indemnify, defend and hold harmless Ubisoft and its respective affiliates, employees, officers and directors from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by Ubisoft in connection with that content. Ubisoft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with Ubisoft's defense of such claim(s).
You understand and accept the fact that, unless deletion by Ubisoft, at its discretion, or in response to a valid demand evoking the unlawful character of the UGC that you would have published within the Service or an infringement by the same content of a publicity or privacy or any other third party right, the UGC associated to your account will remain publicly accessible by all users of the Service during the life of the Service.
6. Reporting unlawful content
The use of UGC and, generally, of all content that may be published by users via the Service is subject to the following restrictions:
If you find out that one of the aforementioned contents is in any way against these Terms, please contact Ubisoft immediately via the option « Report » as it may be displayed next to such content, or by e-mail to the following address, by mentioning the information required below: email@example.com
1. Identify the content which, in your opinion, is against the Terms and specify the reason why you think it is against those terms;
2. In the case of a copyright infringement claim, identify the copyrighted work you claim is being infringed;
3. Include your name, address, telephone number and email address;
4. In the case of a copyright infringement claim, include a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
5. In the case of copyright infringement, include a statement that all information provided by you to Ubisoft is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is being infringed.
Ubisoft may, in its sole discretion, request that you desist from the use of content it believes to be in violation of these Terms and/or remove or disable content that it believes to be in violation of the same. In addition, in the event that Ubisoft receives a third party notice of such violation regarding any content and such notice conforms to the requirements the laws or regulations in force, Ubisoft shall remove or disable such content.
In the event that Ubisoft removes or disables any content published by you, Ubisoft may also, in its sole discretion terminate your access to the Service.
7. Limitation of Ubisoft’s liability
THE SERVICE IS PROVIDED TO YOU “AS IS” AND YOU EXPRESSLY ACKNOWLEDGE THAT YOU USE IT AT YOUR OWN RISK.
UBISOFT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE COMMERCIAL VALUE OF THE SERVICE, TO YOUR SATISFACTION WITH THE SERVICE OR TO THE ABILITY OF THE SERVICE TO SATISFY A PARTICULAR USE. YOU TAKE ALL THE RISKS RELATING TO LOSS OF TIME, EFFORT, DATA, TO ERRORS, TO LOSS OF INFORMATION RESULTING OR IN CONNECTION WITH THE USE OF THE SERVICE. UBISOFT MAKES NO WARRANTY THAT THE SERVICE AND GAMES, INCLUDING THE SERVERS AND SOFTWARE REQUIRED FOR THEIR OPERATION, WILL BE ACCURATE, SECURE, NON INFRINGING, AVAILABLE, UNINTERRUPTED OR ERROR FREE, OR MADE AVAILABLE OR SUPPORTED BY PUBLISHER FOR A CERTAIN PERIOD OF TIME, OR THAT THE ERRORS, WORMS, VIRUSES OR OTHER MALICIOUS ELEMENTS WILL BE FIXED. UBISOFT GIVES NO WARRANTY THAT THE INFORMATION, CONTENT AND/OR ELEMENTS ACCESSIBLE VIA THE SERVICE AND GAMES ARE EXACT, COMPLETE OR UP TO DATE. SPECIFICALLY, UBISOFT DOES NOT EXHAUSTIVELY VERIFY THE CONTENT OF ANY NATURE, INCLUDING UGC, OR THE TEXTS THAT YOU OR THE OTHER USERS PUBLISH WITHIN THE SERVICE, OR YOUR CONDUCT WITHIN THE SERVICE. IN CONSEQUENCE, UBISOFT GIVES NO WARRANTY AND UNDERTAKES NO LIABILITY TO YOU RELATING TO YOUR OWN ACTIONS AND/OR THE ACTIONS OF THE OTHER USERS OF THE SERVICE. FINALLY, UBISOFT DOES NOT ENDORSE AND DOES NOT GUARANTEE ANY PRODUCT OR SERVICE OF A THIRD PARTY ENTITY PROPOSED TO YOU VIA UBISOFT.
IN NO EVENT WILL UBISOFT BE HELD RESPONSIBLE FOR ANY REFUND TO YOU OF ANY AMOUNT RESULTING FROM YOUR IMPOSSIBILITY TO USE THE SERVICE FOR ANY REASON INDEPENDENT FROM UBISOFT.
UBISOFT’S ENTIRE RESPONSIBILITY AND YOUR ONLY REMEDY RELATING TO THE SERVICE IS LIMITED, AT UBISOFT’S DISCRETION, TO THE REFUND OR REPLACEMENT WITH CONTENT TO BE DETERMINED AT UBISOFT’S CHOICE OF THE VIRTUAL GOODS OR CURRENCIES DULLY ACQUIRED BY YOU AND THAT WILL BE RECOGNIZED BY UBISOFT AFTER REVIEW OF YOUR CLAIM OR NOTICE AS BEING UNUSABLE. ALL COSTS AND RISKS ASSOCIATED TO YOUR USE OF THE SERVICE ARE AT YOUR CHARGE.
IN NO EVENT WILL UBISOFT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ACCESSORY OR OTHER DAMAGE THAT YOU WOULD SUFFER AS A RESULT OR IN CONNECTION WITH YOUR USE OR IMPOSSIBILITY TO USE THE SERVICE AND THIS, EVEN IF UBISOFT HAS BEEN WARNED OF THE LIKELINESS OF SUCH DAMAGE.
8. Your Responsibility
YOU WILL BE HELD LIABLE FOR ANY DAMAGE YOU CAUSE UBISOFT, ITS PARTNERS FOR THE SERVICE, THE OTHER USERS OF THE SERVICE OR ANY OTHER ENTITY OR INDIVIDUAL, BY USING ALL OR PART OF THE SERVICE IN VIOLATION OF THE LAW OR TOUR OBLIGATIONS SET FORTH IN THE TERMS.
In case you are in breach of your legal or contractual obligations, Ubisoft reserves the right to permanently block your Account’s access to the Service and act against you on civil or criminal grounds to have you discontinue the aforementioned breach and obtain remedy for the damages suffered.
9.1 Ubisoft shall be entitled to terminate the rights granted to you under the Terms and block your account’s access to the Service in all cases mentioned in the Terms and in any other event in which your use of the Services may be in Ubisoft’s opinion prejudicial to Ubisoft. In addition, Ubisoft reserves the right to block your access to any game which is part of the Service in the event your account with such game is inactive for more than 180 days.
Before terminating your access to the Service, Ubisoft reserves the right to send you a warning. If Ubisoft blocks your Account’s access to the Service, you will not be able to access the Service again using the same Account without Ubisoft’s express approval. You may not authorize persons whose Accounts have been blocked by Ubisoft for access to the Service to access the Service via your account.
9.2 Ubisoft will be entitled to terminate all or part of the Service at any time for any reason without liability. In case of termination of the Service or of any game, Ubisoft will notify you of such event by posting a notice on the Service (or game, as applicable) homepage. Termination will occur 14 (fourteen) days after the termination notice is posted, with the consequences mentioned in section 9.4 below.
9.3 You can terminate your subscription to any game within the Service at any time by following the relevant instructions in the game or on the corresponding social network. In this case, termination of the Service occurs when Ubisoft has terminated upon your request all your subscriptions to the games which are part of the Service and you discontinue in any manner using the Service.
If you do not accept the Terms, your only remedy is not to use the Service and cancel your subscription. You acknowledge that cancelling your subscription is your only right and remedy in case of any claim, demand or suit against Ubisoft, including any claim, demand or suit relating to: (1) any term of the Terms or its application by Ubisoft; (2) the content available within the Service or any modification thereof operated via the Service, or (3) your ability to access or use the Service.
9.4 In all cases of termination of your access to the Service or to any game, all relevant Virtual Currency and Virtual Goods associated to your Service profile and not used by the termination date will be lost. No refund or replacement will be granted. In case of termination of the entire Service, all personally identifiable information associated to your Service profile will be deleted. UBISOFT reserves however the right to conserve such information on Ubisoft’s servers for a reasonable transitory time period.
10. Governing Law and Jurisdiction. Statute of Limitation
10.1 If you are resident of a European Union (EU) country:
(i) the Terms and your use of the Service are governed by and construed in accordance with French law and its conflict of law provisions; and
(ii) you expressly acknowledge the exclusive competence of the French Courts for any and all claim, demand or suit opposing you to Ubisoft, or in any manner related to your use of the Service, and you expressly accept and consent to the territorial competence of the French courts for such claims, demands or suit, including those against Ubisoft and/or its affiliates and their respective employees, sub-contractors, officers, managers, directors, sellers and content suppliers.
10.2 If you are a non-EU resident:
(i) the Terms and your use of the Service are governed by and construed in accordance with the internal laws of the United States and the State of California, without regard to its conflict of law provisions ; and
(ii) you expressly acknowledge the exclusive competence of the federal courts of the State of California located in Los Angeles County for any and all claim, demand or suit opposing you to Ubisoft, or in any manner related to your use of the Service, and you expressly accept and consent to the territorial competence of such courts for any such claims, demands or suit, including those against Ubisoft and/or its affiliates and their respective employees, sub-contractors, officers, managers, directors, sellers and content suppliers. In addition, your conduct may be subject to other laws, whether local, federal, national or international.
10.3 Statute of Limitation.
To the extent permitted by applicable law, you expressly and irrevocably accept that any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within 12 (twelve) months after such claim or cause of action arose (or the minimum applicable to the type of claim or cause of action, if longer) or be forever banned.
The Terms are only applicable to the extent authorized by the law.
If all or part of one of the provisions of these Terms revealed incompatible with applicable laws, it will be deemed to be replaced by a valid provision as permitted by the law and whose content will be as close as possible to the original provision. The remainder of the Terms will continue to apply and will remain unchanged.
The titles of these Terms are for ease of reference and understanding of these Terms only and can under no circumstance allow any prior judgment on the terms contained in the corresponding Sections and on their interpretation.
For any question relating to these Terms please contact Ubisoft at the address below: firstname.lastname@example.org