Third parties, Indemnification, Risk of loss – Activision Wipeout Create & Crash User Manual

Page 13: Availability

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14.

THIRD PARTIES

The Product may enable, or require, access to other third party materials, services, or websites (“Third Party

Materials”). Use of and/or access to Third Party Materials may be subject to additional terms of service and may

cause you to incur additional costs.

You understand that by using any Third Party Materials you may encounter content that may be deemed offensive,

indecent, or objectionable. You agree (a) to use Third Party Materials at your sole risk; (b) that Activision shall not

have any liability to you for Third Party Materials; and (c) that Activision is not responsible for examining or

evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency,

quality, or any other aspect of such Third Party Materials. Third Party Materials are provided solely as a

convenience to you.

Your right to use the Product is also predicated on your compliance with any applicable terms of service, terms of

use, and privacy policies you have agreed to and accepted with Third Parties (e.g., your internet service provider in

relation to internet access; or in relation to your use of a games console) (“Third Party Terms”).

Third parties may also impose limits on the use of or access to certain Products, in any case and without notice or

liability. You agree that Activision shall not be liable for any acts or omissions of such 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, "Indemnified Parties") from and against any claims, liability, losses, costs, and/or

expenses (including attorneys' fees) incurred by an Indemnified Party in connection with (a) any breach by you of

the Agreement, and/or (b) your posting or uploading any UGC.

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

You bear all risk of loss for accessing or completing the download of any Product and for any loss of any Product

that you have accessed or downloaded, including any loss due to a file corruption or Device crash.

Any Product may be available for limited periods of time, and/or subject to other access restrictions (including for

example, possession of other specific Product(s) for access or use). Products may become unavailable due to

potential content provider licensing restrictions or other reasons; Activision will not be liable to you if any Product

is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.

17.

AVAILABILITY


Except as otherwise set forth herein, Activision does not guarantee that any particular Product or Service Provided

Content will be available at all times or at any given time or that Activision will continue to offer the Product or

Service Provided Content for any particular length of time. Activision may change and update the Product or

Service Provided Content without notice to you. Activision makes no warranty or representation regarding the

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