Activision Cut The Rope: Triple Treat - Manual (Page 11)

file:///C|/...2007%2018%2013%203DS/(Product%20License%20Service%20Agreement)%203DS_EN%20(FINAL%2007%2018%2013).txt[10/18/2013 3:01:32 PM]
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 availability of
online Product features and reserves the right to modify or discontinue such features in its sole and absolute discretion
without notice, including for example, ceasing an online service for economic reasons due to a limited number of users
continuing to make use of the online service over time.
In addition, Products that may be accessed from, displayed on, or linked to a Device are not available in all languages
or in all countries. To the fullest extent permitted by applicable law (a) Activision and its licensors, reserve the right to
change, suspend, remove, or disable access to any Product at any time without notice, and (b) Activision will not be