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UBISOFT TERMS OF USE

Tables Of Content :

1. DESCRIPTION OF SERVICES AND LIMITED LICENSE TO USE  SERVICES
2. ACCOUNT
3. USE OF SERVICES AND RULES OF CONDUCT
4 .ACCESS AND TERMS SPECIFIC TO MINORS (AND CHILDREN UNDER 13)
5. INTELLECTUAL PROPERTY RIGHTS
6. USER GENERATED CONTENT
7. REPORTING OF UNLAWFUL CONTENT
8. TECHNICAL PROTECTIVE MEASURES – DIGITAL RIGHTS  MANAGEMENT
9. MERCHANT SERVICES (UBISHOP)
10. FORUMS AND DISCUSSION AREAS PROVIDED BY THE SERVICES
11. RULES FOR SWEEPSTAKES, CONTESTS, SURVEYS, LOYALTY 14 PROGRAMS AND SIMILAR PROMOTIONS
12. ADVERTISING AND PROMOTION OF PRODUCTS
13. BETA TESTS
14. LIABILITY, GUARANTEE AND COMPENSATION
15. INDEMNIFICATION
16. TERMINATION
17. UPDATING OF SERVICES AND TERMS
18. PRIVACY POLICY
19. VIRTUAL CURRENCY, VIRTUAL ITEMS, CREDITS, SUBSCRIPTIONS AND UBISOFT POINTS
20. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
21. HEALTH OF VIDEO GAME USERS
22. SOFTWARE, UTILITIES AND TOOLS
23. SPECIFIC TERMS FOR COMPATIBLE MOBILE TERMINALS
24. NOTICE TO CALIFORNIA RESIDENTS
25. MISCELLANEOUS

PLEASE READ THESE TERMS OF USE CAREFULLY

1. DESCRIPTION OF SERVICES AND LIMITED LICENSE TO USE SERVICES

These Terms of Use (the "Terms") sets forth the agreement between Ubisoft Inc. and any one of its parent, subsidiary or affiliated companies, including without limitation Ubisoft Entertainment SA ("UBISOFT" or “we”) and each user ("you" or "User"). The Terms govern your use of UBISOFT’s online and mobile games, applications and services, including the online functions of multimedia products, the websites and mobile sites (collectively “websites”), servers, software and the framework through which these services are provided (collectively, the "Services"). You should read these Terms carefully as they set out the basis on which we make the Services available. UBISOFT's Privacy Policy is an integral part of these Terms and is integrated into them by reference. You confirm that you have consulted and accepted the terms of UBISOFT's Privacy Policy available on legal.ubi.com/privacypolicy. In addition, when using particular services or features, you shall be subject to any posted guidelines or policies and/or other terms (including without limitation "game rules") applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are incorporated by reference into these Terms. As a User, your use of any or all of the Services and Content (as defined in Article 3.1 below), indicate that you accept these Terms, our Privacy Policy and other applicable terms depending on the Service You use including without limitation the terms of sale (“Terms of Sale”), the End User License Agreement (“EULA”) and other "game rules") and that you agree to comply with them fully. If you do not agree with these, please do not continue to use our Services

UBISOFT reserves the right to change, modify, add, or delete clauses in these Terms at any time, in accordance with the procedures described below in Article 17. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you are agreeing to such modifications. Add this page to your bookmarks and consult this site regularly to find out about any updates to the Terms.

The Services are for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by the Terms, you may not sell or exchange anything you copy or derive from the Services. As long as you comply with these Terms, UBISOFT grants you a personal, non-exclusive, non-transferable, limited right during the term of these Terms to enter, use, perform, and display the Services and everyone on it. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.

2. ACCOUNT

2.1 Creation of your Account.

Access to and use of certain additional functions and/or benefits of the Services are subject to the creation of an account with UBISOFT (the "Account"). If you do not have an Account opened with UBISOFT, you can create one at www.ubisoft.com or www.uplay.com.

To create an Account, you must have an e-mail address and supply truthful and accurate information. You must be authorized to use the Services for which you register, and in particular meet the age criteria. Certain Services may require the creation of a "Username" or an "avatar". Usernames and avatars are linked to your Account. You may not use a Username and/or an avatar which is already used by someone else, which does not meet the requirements of these Terms or the ethical rules which apply on the Internet, or which is insulting, vulgar, obscene, defamatory or in any other way in violation of the rights of others (in particular, without limitation, name rights and image rights). Except if specifically allowed within the Service, you acknowledge that you may not create multiple Accounts and that you will immediately close your additional Account upon UBISOFT's request. UBISOFT advises you not to include your surname in your Username. You agree to your Username being publicly displayed in the course of the use of the Services. UBISOFT reserves the right to refuse registration of, or cancel, a Username in its sole discretion.

You are solely responsible for maintaining the confidentiality and security of your Account and any User identifications, passwords, authentication codes or other security devices or procedures (collectively "Password"). Do not reveal the Password of your Account to outside parties. We are not responsible for any losses arising out of the unauthorized use of your Account. UBISOFT will never ask you to reveal your Password and will never take the initiative of contacting you to ask you for the memory joggers associated with your Password. We reserve the right to suspend your access to the Services and change (or require you to change) your Password at any time. Any use of your Account with your Password, and in particular any purchase of Services, is deemed to be carried out by you.

If any contact details (including without limitation, Username, e-mail address and billing address) change, you agree to notify Ubisoft in writing within thirty (30) days of the occurrence of such change.

2.2 Accuracy and Use of your Account Data.

You agree to supply true, accurate, up-to-date and complete personal information and keep it up to date (including in the event of a transfer of data from a pre-existing Account), in accordance with UBISOFT's requests in the registration process.

You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the Username, password or any other information relating to someone else's Account or the name, likeness, voice, image or photograph of another person or by providing false information concerning a parent or legal guardian when the registration process asks you to give this information.

You acknowledge and accept that UBISOFT may take action to check the accuracy of the information you give, including by carrying out undefined checks of any landline or mobile telephone number and/or e-mail address you have given for a parent or legal guardian when applicable. In order to protect other Users and prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to UBISOFT on request by e-mail, fax or post. The documents requested may include a copy of your national identity card or your passport.

If you provide any information that is false, inaccurate, outdated or incomplete, or UBISOFT has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, UBISOFT has the right to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you.

You also agree to inform UBISOFT as quickly as possible at support@ubisoft.com of any unauthorized use of your Username, password or other information concerning your Account or of any other security violation concerning or involving the Services which comes to your attention.

3. USE OF SERVICES AND RULES OF CONDUCT

3.1 Use of Services.

The Services are intended for personal use only and you must in no case use them in any way for commercial purposes. You undertake not to sell, rent out or market the Service or Materials. You also undertake not to arrange, modify, decompile, disassemble, subject to reverse engineering, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the Services or Content except as expressly permitted by the Terms. Re-posting or automated use or large-volume use of the Services or Content or transfer of any Services or Content to any other computer or mobile device are expressly prohibited except as expressly permitted by the Terms. For the purpose of these Terms, Content shall include all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination, together with all related Intellectual Property Rights in the above, (collectively, the "Content").

You undertake to comply at all times during use of the Services (i) with the national and international laws and regulations in force and (ii) with these Terms. YOU GUARANTEE THAT YOU WILL NOT USE THE SERVICES (INCLUDING THROUGH THE CREATION AND USE OF ANY CONTENT GENERATED BY YOURSELF) FOR UNLAWFUL OR IMMORAL PURPOSES OR FOR PURPOSES CONTRARY TO THE USE OF THE SERVICE.

Use of the Services does not include supply by UBISOFT of a computer or any other hardware, equipment or service necessary for their use. To use the Services, you must have your own means of telecommunication and Internet access.

3.2 Rules of Conduct.

You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. More particularly, you undertake not to directly or indirectly:

use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others;
create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in UBISOFT's estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable;
create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others' intellectual property, piracy, hacking or circulation of counterfeit software);
conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by UBISOFT;
access the Services by means other than those provided by UBISOFT;
harm minors in any way;
solicit personal information or data from anyone under 18 years of age;
participate any Service related to a game that (a) has an ESRB rating of T-teen or lower and/or (b) is directed to Children (e.g. allows for Account registration by minors under the age of 13) if you are a convicted sex offender;
maintain any link from another website to the Services without the prior written authorization of UBISOFT;
arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without UBISOFT's express prior permission;
modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on UBISOFT's servers and/or the Services and/or those of its service providers and partners;
create, use and/or circulate "auto" or "macro" computer programs or other cheat programs or software applications, and/or use the Services via a mirror site;
"bot", "hack", ”mod”, “trainer”, or "crack", or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services, including the ones discussed in Article 8 below;
create or supply other means enabling use of the Services by other persons, for example server emulators;
harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
use incorrect information, use another User's Account, assume another person's identity or present false credentials in order to disguise the origin of any content transmitted through the Services;
use any means not expressly permitted by UBISOFT to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User;
attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
make inappropriate use of the game help service or the claim buttons or send untruthful reports to members of UBISOFT's personnel;
access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
refuse to obey the instructions of any UBISOFT representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and
impersonate any person or entity, including, but not limited to a representative of UBISOFT, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3.3 Monitoring of Services by UBISOFT

UBISOFT is not responsible for and does not support, approve or sanction the opinions, advice and/or recommendations displayed or sent by Users on the Services, notably in any public forum, and declines any responsibility in this regard. You understand that by using the Services, you may be exposed to UGC as defined below that is offensive, indecent or objectionable. UBISOFT makes no representations or warranties, express or implied, as to the UGC or the accuracy and reliability of the UGC or any other material or information that you may access through the Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Content including any reliance on the accuracy, completeness, or usefulness of such UGC. In this regard, you acknowledge that you may not rely on any UGC. Parents should use appropriate parental discretion in determining whether to grant authorization to minor children to access the Services.

You are solely responsible for your interactions with other Users of the Services. UBISOFT reserves the right, but has no obligation, to monitor disputes between you and other Users of the Services. UBISOFT reserves the right to terminate your access to the Services if UBISOFT determines, it its sole discretion, that doing so is prudent.

Subject to the applicable imperative legal provisions, UBISOFT does not undertake to monitor or remove the content, messages and other information made available on the Services by its Users. UBISOFT nevertheless reserves the right, without this constituting an obligation, to review content placed on line, particularly on the home pages or forums.

UBISOFT reserves the right to refuse any User name, screen name and/or password you have chosen, particularly when the name or the screen name has already been registered by another User of the Services or when the name, screen name and/or password is liable to violate the clauses of these Terms. UBISOFT also reserves the right to remove any content or UGC, from the Services at any time, without any notice and for any reason, including but not limited to, content that violates these Terms or is otherwise objectionable, in UBISOFT's sole discretion.

UBISOFT furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Services. UBISOFT may, for example, define:

a maximum number of days for which messages or any other downloaded Content will be stored within the framework of the Services;
a maximum number or volume of messages which can be sent or received by an Account opened on the Services;
a maximum memory capacity which will be allocated by our servers for your Account; and
a maximum number of times you may access the Services, together with a maximum duration for each access during a given period.
4. ACCESS AND TERMS SPECIFIC TO MINORS (AND CHILDREN UNDER 13)

If you are a minor, you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services and fulfill the obligations set forth in these Terms.

If you are a parent or guardian, UBISOFT recommends that you monitor your children's online activities. To protect your children’s privacy, UBISOFT advises you to check that your children never disclose their personal data without your prior consent. UBISOFT's policies related to the collection and use of information from minors (and children under the age of 13) is further described in our Privacy Policy accessible on legal.ubi.com/privacypolicy. Unless stated specifically to the contrary on the applicable UBISOFT site, UBISOFT’S Services are not intended for children under 13 (each a “Child” and collectively, “Children”).

UBISOFT restricts access to certain Services on age grounds or in certain jurisdictions, for certain Services and functions, UBISOFT may allow a Child to register for certain Services with parental approval. When a Child registers, (s)he must supply the e-mail address, or other contract information, of a parent or legal guardian who will be contacted by UBISOFT to ask him/her to confirm, refuse or modify his/her Child’s registration. The parent/legal guardian may be asked to provide additional documentation or perform additional actions as part of the approval process as consistent with applicable law UBISOFT reserves the right to refuse access to the Service pending confirmation and activation by his/her parent or guardian. In addition, UBISOFT reserves the right to ask for written proof of parental consent for any User or potential User of the Services we suspect is a minor. Parental consent applies exclusively to the Service for which it has been granted.

In all cases, use of the Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY

APPLICABLE LEGISLATION, UBISOFT DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS.

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at www.staysafe.org.

5. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all materials on the Services, including the Services' design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials") are the property of UBISOFT, its parent company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of UBISOFT or the respective copyright owner, which may be granted at its sole discretion.

The trademarks, services marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Services and any Marks associated with any products available on the Services) are the sole property of UBISOFT and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of UBISOFT and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of UBISOFT and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of UBISOFT. UBISOFT will enforce its intellectual property rights to the fullest extent of the law.

UBISOFT makes no representations that the Services, Materials or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not UBISOFT and its Affiliates, are responsible for compliance with applicable local laws. You may submit reviews, comments, or other feedback on the Services. However, please note our submission policies below:

UBISOFT’S Unsolicited Ideas Policy: Ubisoft appreciates your enthusiasm and the time and energy you spend playing our games. Ubisoft’s company policy, however, does not allow us or any of our employees to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials (“Submissions”). The purpose of this policy is to avoid potential misunderstandings or disputes if products, services or features developed or published by Ubisoft might appear to be similar or identical to ideas that may have independently occurred to you.
Terms of Idea Submissions: If, despite our request that you not send us your ideas, you still choose to submit them to Ubisoft, then regardless of what your letter says, the following terms shall apply to your Submissions. You agree that:
The Submissions shall be deemed non-confidential and non-proprietary.
Ubisoft shall have no obligations concerning the Submissions, including but not limited to, no obligation to review or return any materials or acknowledge receipt of any Submissions.
Ubisoft may use, redistribute, or disclose the Submissions worldwide without any restriction, in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to you or any third party.
Feedback: While we cannot accept unsolicited ideas, Ubisoft is always pleased to receive feedback regarding its existing features. It’s just one more way that Ubisoft can learn how to best satisfy your needs. Please only provide specific feedback on existing features, and do not include ideas that our policy will not permit us to accept or consider. We simply request that you send us your feedback following the directions above. Any feedback you provide is deemed to be non-confidential and non-proprietary. Ubisoft shall be free to use such feedback on an unrestricted basis, without any compensation or credit obligation to you or any third party.
6. USER GENERATED CONTENT ("UGC")

6.1 UBISOFT offers you the possibility of (i) creating UGC of either original content or, if applicable, Materials and/or tools made available to you by UBISOFT in certain Services, and (ii) publishing this UGC via the Services. If you create UGC, you undertake to comply with the clauses of these Terms at all times during and after the creation of this UGC. The Terms will continue to apply after any termination of your Account.

You understand that all UGC, whether you have publicly posted on a forum or privately transmitted to another Service User or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such UGC, UBISOFT cannot guaranty that other Users will not misuse the UGC that you share. If you have any UGC that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. UNDER NO CIRCUMSTANCES WILL UBISOFT BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICES UBISOFT IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES.

6.2 UGC derived from pre-existing UBISOFT Content

You declare that you accept the fact that UGC may be developed and created using tools and/or on the basis of Materials belonging to UBISOFT, such as, in particular and without limitation, titles, fictional characters, names, themes, objects, scenery, costumes, effects, texts, dialogues, slogans, places, characters, diagrams, concepts, designs, graphics, animations, sounds, musical compositions, choreographies and other performances, videos, audiovisual effects, user-friendly features and any other element of a game or Services. Any UGC created with the Materials will be considered "User Modified Materials" as defined below and will be governed by this Article 6.

6.3 If you do use any of the Materials to create any content, all of the Materials and any modified elements of the Materials (collectively, "User Modified Materials") will be solely owned by UBISOFT. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. User Modified Materials will include any content created using the Materials or tools, such as User Generated Content created with the Materials made available by UBISOFT.

By accepting these Terms, you agree to transfer irrevocably to UBISOFT, free of charge, all rights of use you may have over the User Modified Materials created by you including but not limited to rights over trademark, patent, commercial secrets, copyright, neighbouring rights and rights of publicity therein, allowing UBISOFT to benefit freely from the following rights, listed only as an illustration and without limitation:

the right to reproduce, permanently or temporarily, by any means and in any form, on all known or as yet unknown media, and in particular:
the right to integrate the User Modified Materials in whole or in part in all UBISOFT products and services, including but not limited to other online or offline games, movies, or other audio visual content;
the right to load and download, display, execute, transmit and/or store by any means, in any place and on any medium, the User Modified Materials and all products incorporating all or part of the User Modified Materials;
the right to arrange, correct, develop, translate, digitize, encode or otherwise modify the User Modified Materials, and to reproduce the results of any one of these operations, by any means and on all existing or future media;