Activision Wipeout Create & Crash - Manual (Page 4)

STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE
APPLICABLE LAWS OF THE COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE PRODUCT AND
IN WHICH CASE THE LIABILITY OF ACTIVISION AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
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.
Australia: you have certain statutory guarantees under Australian Consumer Law and nothing in the
Agreement is intended to affect those rights. Products that you have purchased come with guarantees that
cannot be excluded under Australian Consumer Law; you are entitled to a refund for a major failure and
compensation for any other reasonably foreseeable loss or damage; you are also entitled to have goods
repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major
failure. The provisions of the Limitation of Liability clause above apply only to the extent permitted by the
Competition and Consumer Act 2010 (Cth).
1 ELIGIBILITY
1.1 In order to use certain Products and Services and create Accounts you may be required to:
• meet minimum age requirements
• agree to Third Party Terms – see Section 14
• open an Account operated and provided by Activision – see Section 3 and 8
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 country of residence and have read and accept the terms of this Agreement
and Activision’s Privacy Policy, or (b) you are a parent or guardian and have read and accept the terms of
this Agreement and Activision’s Privacy Policy on your behalf and on behalf of your child if under 18 years of
age. By using the Product you affirm compliance with this section and we rely on such affirmation.
Corporations, limited liability companies, partnerships, and other legal or business entities may not
establish an Account. Individuals prohibited by Activision from using the Product may not create or use an
Account, and doing so may result in severe civil and criminal penalties. By accepting this Agreement, you
hereby represent and warrant that you meet these eligibility requirements.