Activision Wipeout Create & Crash User Manual
Activision Games
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July 18, 2013
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION
RIGHTS AS DETAILED IN SECTION 21
PRODUCT LICENSE AND SERVICE AGREEMENT (the “Agreement”)
You agree that your use of this Activision software, including without limitation website, account (”Account”),
peripheral, service or other property (including any Service and/or Service Provided Content (as defined below))
operated and provided to you by Activision including any patches, updates, and downloadable content,
(collectively “Product” or “Products”) which posts, links to, or otherwise incorporates this Agreement, shall be
subject to the terms of this Agreement.
Activision and its licensors reserve all rights not expressly granted to you. Use of the Product is also subject to
acceptance of Activision’s Privacy Policy (the “Privacy Policy”), which you may review at
http://s.activision.com/privacy/privacy.html.
Please read and review both this Agreement and the Privacy Policy before using this Product.
If you do not agree with or wish to accept the terms of either this Agreement or the Privacy Policy
then please do not purchase, download or use the Product.
If you have already purchased the Product in CD-ROM or DVD format and do not agree with or
wish to accept the terms of either this Agreement or the Privacy Policy then you must return the
unopened box containing the CD-ROM or DVD together with proof of purchase within 30 days of
the date of purchase in order to request a refund and you agree that this shall be the sole
remedy available to you. Please visit support.activision.com or call (310) 255-2050 (USA only) for
details.
By using this Product you agree to be bound by this Agreement and the Privacy Policy and
represent you satisfy all of the eligibility requirements below.
FOR Wii and Wii U PRODUCTS ONLY: References to “CD-ROM” or “DVD” in this Agreement as they
pertain to the Product format shall be deemed to include Game Discs.
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Table of contents
Document Outline
- LIMITED DISC WARRANTY AND LIMITED PERIPHERAL WARRANTY
- If the CD-ROM or DVD is found defective within 90 days, or the material and workmanship of the Peripheral is found defective within 180 days, of original purchase, return to the place of purchase or contact Activision Customer Support, with receipt/proof of purchase for refund or replacement. In the event that the Peripheral is no longer available, Activision retains the right to substitute a similar product of equal or greater value. Any replacement Peripheral will be new or refurbished or serviceably used, at Activision’s option, and comparable in function and performance to the original Peripheral.
- LIMITED DISC WARRANTY AND LIMITED PERIPHERAL WARRANTY REPLACEMENTS
- PRODUCT WARRANTY DISCLAIMER
- Member States of the European Union: Subject to Section 23, Activision shall be liable in accordance with statutory law in cases of its (a) intentional misconduct; (b) gross negligence; or (c) breach of applicable Product Liability Acts. Without limiting the foregoing, Activision may only be liable for modest levels of negligence in cases of a breach of a “material” contractual obligation under the Agreement, the breach of which would jeopardize the purpose of the Agreement. In such circumstances, Activision’s liability will be limited to typical and foreseeable damages; in other circumstances Activision shall not be liable for acts of modest negligence. NOTHING SHALL EXCLUDE ACTIVISION’S LIABILITY FOR DEATH OR PERSONAL INJURY AS A RESULT OF ITS NEGLIGENCE.
- 1 ELIGIBILITY
- 1.1 In order to use certain Products and Services and create Accounts you may be required to:
- 1.2 Subject to any applicable age ratings or other restrictions, you may use this Product and establish any Account only in compliance with any applicable Third Party Terms and if you (a) are 18 years of age or over and a "natural person" in your coun...
- 2 LICENSE
- 2.1 Activision grants you a personal, limited, non-exclusive license to use the Product for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use the Product is non-transferable. You may not rent, leas...
- 2.2 Intentionally omitted.
- 2.3 The license rights granted to you herein are also subject to the limitations set forth below. Any use of the Product in violation of these limitations is a material breach of the Agreement, subjects you to immediate revocation of your license, an...
- 3 SERVICES
- 4 ACCESS AND COSTS INCURRED BY USING THE PRODUCT AND SERVICES
- 4.1 YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE PRODUCT AND SERVICES. You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet, or other connection charges required to access a...
- 4.2 You agree to pay all fees and applicable taxes incurred by you or anyone using A PRODUCT OR SERVICE FROM YOUR DEVICE. To the fullest extent permitted by applicable law, you are responsible for all use of the Product or any Account associated with ...
- 4.3 Intentionally omitted.
- 4.4 Parents and Guardians of children under the age of majority in their jurisdiction or 18 years of age, whichever is older, agree that you will be responsible for all uses of the Product or Services by your child whether or not such uses were author...
- 4.5 You may pay for certain Products, Services, and Service Provided Content (as defined in Section 9 below) using the methods made available to you, and you agree to the terms and conditions applicable to each payment method you choose. Payment meth...
- 4.6 By paying for a Product, Service, or Service Provided Content you (a) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; and (b) authorize Activision, or...
- 5 USE OF DATA
- 5.1 For full details about how Activision collects, stores and uses personal and other information, please see THE APPLICABLE PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
- (http://s.activision.com/privacy/privacy.html).
- 5.2 Some Products may permit you to share certain information about yourself with the public, including people who may not be registered users of the Product, and the public may access and use that information and associate it with you
- 5.3 If you are a registered user of social media sites you may be able to connect your social media account and your Activision Account (if your applicable Activision Account has this functionality enabled). If you do this, you may use your social med...
- 5.4 If you connect your Facebook account to an Activision Account or Product, such as Activate, your Facebook friends will be able to associate your screen name on your Activision Account with your real name on your Facebook account when they use the ...
- 6 USER GENERATED CONTENT
- 6.1 The Product may include message boards, content sharing features, and other means by which you and other users may share content that users create (“UGC”). To the fullest extent permitted by applicable law, by submitting any UGC (including withou...
- 6.2 To the extent the Product permits other users to access and use your UGC, you also grant all other users of the Product the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your U...
- 6.3 You represent and warrant that any UGC you provide (a) does not and will not violate any third party intellectual property rights and/or any other person's rights, including without limitation any so-called "moral rights"; and (b) when used as con...
- 6.4 Activision has no obligation to monitor, approve, verify, or prescreen any UGC that you or other users may contribute to or through the Product. Activision reserves the right (but has no obligation) to remove, block, edit, move, or disable UGC for...
- 6.5 You agree not to do any of the following actions while using the Product:
- 6.6 Activision does not endorse, or guarantee the accuracy, efficacy or veracity of, any UGC.
- 7. COPYRIGHT NOTICE
- 8. ACTIVISION ACCOUNTS
- 8.1 Registration
- 8.2 Account Suspension/Termination
- ACTIVISION MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. For purposes of explanation and not limitation, many Accou...
- 8.3 SOCIAL MEDIA
- 8.4 Usernames and Group Designations:
- 9. SERVICE PROVIDED CONTENT
- 9.1 “Service Provided Content" consists of those materials provided to Product users (with or without an Account as applicable), including without limitation unlockable content, virtual assets, codes, and achievements. You understand that while at tim...
- 9.2 Activision does not recognize the transfer of Accounts or Service Provided Content. You may not purchase, sell, resell, lend, rent, gift, trade, or otherwise transfer any Account or Service Provided Content, or offer to purchase, sell, resell, len...
- 9.3 You may not sell the Product or Service Provided Content, including without limitation exchanging in-game items or currency for "real" money or value outside of the Product.
- 9.4 Upon termination of any Account, the Agreement, or license, you acknowledge and agree that, to the fullest extent permitted by applicable law, you shall retain no access or control over any aspect thereof.
- 10. CONTESTS & SWEEPSTAKES
- 10.1 From time to time Activision may offer you the opportunity to enter contests and sweepstakes. These contests and sweepstakes are governed by specific rules and a code of conduct, (together the “Rules”) which will be posted online. Your participa...
- 10.2 Intentionally omitted.
- 10.3 Remember to take frequent breaks when you engage in contests or sweepstakes or play any Activision games.
- 11. CONSENT TO MONITOR
- 11.1 Communications made using a Product should not be considered private. Activision may monitor and/or record your communications (including without limitation chat text) when you are using a Product, and you hereby provide your irrevocable, express...
- 11.2 In order to provide and optimize your use of the Product and as required to assess compliance with this Agreement and the Privacy Policy, Activision may also monitor and record details (such as gameplay) of your/your Device’s usage of the Product.
- 11.3 Additionally, Activision may, with or without notice to you, disclose your internet protocol address(es), personal information, chat logs, and/or other information about you and your activities (a) in response to a request by law enforcement, a c...
- 12. SUPPORT, PATCHES AND UPDATES, CHANGES
- Activision may deploy or provide patches, updates and modifications to the Product that must be installed for the user to continue to play. Activision may update the Product remotely and without notice to you, including without limitation the game cli...
- 13. TERMINATION
- 14. THIRD PARTIES
- 15. INDEMNIFICATION
- You agree to indemnify, defend and hold harmless Activision and its affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers, and licensors (each, an “Indemnified Party”, and or collectively, ...
- Activision 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 with Activision's defense of such claim.
- 16. RISK OF LOSS
- 17. AVAILABILITY
- 18. OWNERSHIP
- All title, ownership, and intellectual property rights in and to the Product (including without limitation any titles, trademarks, service marks, trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases,...
- YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU BY THIS AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY PRODUCT OR SERVICE PROVIDED CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS, GAME CHARACTERS...
- 19. CHANGES TO THE AGREEMENT
- 20. DRM
- 21. BINDING ARBITRATION AND CLASS ACTION WAIVER
- Dispute Resolution and Arbitration.
- 21.1 This Section 21 applies to you if you are domiciled in and/or acquired and use the Product in the United States. This Section 21 may also apply to you if you are domiciled in and/or acquired and use the Product from outside the United States. See...
- 21.2 Initial Dispute Resolution: Our Customer Support department is available by phone ((310) 255-2050) or on the web (support.activison.com) to address any concerns you may have regarding the Product. Most concerns are quickly resolved in this manne...
- 21.6 11TException - Litigation of Intellectual Property and Small Claims Court Claims:0T11T 0TNotwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court for claims rela...
- 22. JURISDICTION AND APPLICABLE LAW
- 22.1 The Product is made available subject to the terms of this Agreement. If you acquired and use the Product from:
- A. the United States Mexico, or Canada, then you are contracting with Activision Publishing, Inc., 3100 Ocean Park Boulevard, Santa Monica, CA 90405-3032 and any claims arising out of this Agreement (including interpretation, claims for breach, and a...
- B. the European Union, then you are contracting with Cooperatie Activision Blizzard International UA of Beechavenue 131, 1119RB Schipohol-Rijk, Netherlands and the laws of England and Wales govern the interpretation of this Agreement and apply to cla...
- C. Australia or Japan, then you are contracting with Cooperatie Activision Blizzard International UA of Beechavenue 131, 1119RB Schipohol-Rijk, Netherlands and the laws of Australia govern the interpretation of this Agreement and apply to claims for ...
- D. If you acquired and use this Product from countries other than those listed in sections A, B and C above then you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and y...
- 22.2 To the fullest extent permitted by applicable law, if any user outside of the United States is entitled to commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by Section 21, “BINDING ARBITR...
- 23. GENERAL
- 23.1 Severability
- Subject to Section 21.3 above, if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any r...
- 23.2 Survival
- 23.3 Assignment and Transfer
- 23.4 Notices
- 23.5 Force Majeure
- 23.6 Equitable Remedies
- 23.7 Activision Entities
- Activision Publishing, Inc. is located at 3100 Ocean Park Blvd., Santa Monica, CA 90405, and its Customer Support telephone number is +1 (310) 255-2050.
- Cooperatie Activision Blizzard International UA is located at Beechavenue 131, 1119RB Schipohol-Rijk, Netherlands. As set out in Activision’s Privacy Policy, if you acquired and use the Product from a member state of the European Union, Cooperatie Act...
- 23.8 Export and Commercial Items
- 23.9 Entire Agreement