CURRENT VERSION
This Agreement governs your access and use of products, content and services, such as mobile applications, software, games and features and related updates, upgrades and features, and all online and mobile services, platforms, websites, and live events(collectively "Services") offered by Gems Interactive LLC and its affiliates, including Electronic Arts Inc ("EA"), together the “Company”. This Agreement is between you and the Company.
SECTION SUMMARY: If you don’t agree, please don’t install or use our games or services.
BY USING SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 15 TO RESOLVE ANY DISPUTES WITH COMPANY.
SECTION SUMMARY: You must be at least 13 years of age and your parents must read and agree to these terms if you are a minor. Company can suspend or terminate your account if you break this agreement. You may cancel your Account or any subscriptions at any time.
You need an Account to access and use many Services, including to play online.
To create an Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the Service for which you are registering and must be a resident of a country where use of Services is permitted.
You must be at least 13 years of age (or the minimum age of your country of residence) to create an Account. If your age is between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review and agree to this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using Services. Company recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.
You are responsible for the activity on your Account; it's yours, don't share it. Your Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
You may cancel your Account or a subscription to a Service at any time by contacting us. To complete your request, Company may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.
SECTION SUMMARY: Company grants you access to our games and services to you for your personal enjoyment.
The Services are licensed to you, not sold. Company grants you a personal, limited, non-transferable (i.e., not for sharing), revocable and non-exclusive license to use the Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Company or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Services, unless expressly authorized by Company or permitted by law. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and associated intellectual property rights.
SECTION SUMMARY: Company provides games, features and content through a series of entitlements. Some entitlements are unlocked using virtual currency that has no value outside of our Services.
The Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes Account personas, forum posts, profile content and other Content contributed by users to Services. All Content is either owned by Company or its licensors, or is licensed to Company and its licensors pursuant to Section 5 below.
Entitlements are rights that Company licenses to you to access or use the online or off-line elements of Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game accomplishments; and virtual points, coins, or currencies.
We refer to these virtual points, coins or currencies as "Virtual Currency". When you obtain Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that Company expressly makes available to you.
Virtual Currency has no monetary value and has no value outside of our products and services. Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the Service. Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Virtual Currency. Once you redeem Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in Japan, you agree to use any Virtual Currency within 180 days from the date of purchase.
You will provide at your own expense the equipment, Internet connection and charges required to access and use Services.
SECTION SUMMARY: Our Services may not always be available or operate on all devices. We also may make updates or changes to our Services, which might impact your use or game progress.
We do not guarantee that any Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Service, Content or Entitlements for any particular length of time. Company does not guarantee that Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, Company may update, change or modify a Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use Services.
Company may need to update, or reset certain parameters to balance game play and usage of Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.
Company may also take actions on your Account and Entitlements without notice to you to protect you or Company, such as preventing unauthorized access, resetting Account passwords, suspending Account access, deleting data or removing Accounts from Services. Your availability to Services may also be affected in response to actual or suspected Rules of Conduct violations, as further described in Section 6.
SECTION SUMMARY: You allow Company and our players to use anything you upload or create (UGC) for free within our games and services. You are responsible for your UGC, it must be your own content or content you’re allowed to use.
You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.
Company may, in its sole discretion, remove, edit or disable UGC for any reason, including if Company reasonably determines that UGC violates this Agreement. Company does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. Company does not pre-screen all UGC and does not endorse or approve any UGC available on Services.
When you contribute UGC, you grant to Company, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on an Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Service without further notice, attribution or compensation to you.
SECTION SUMMARY: We want you to have a good time playing our games. So we expect you, like all players, to respect the Services and fellow players. This means, for example, obey the law, don’t cheat, don’t be offensive, don’t hack our software, don’t spam or bot, don’t lie to Company or our players. Those are the highlights. Read the full list of what not to do in the Rules of Conduct.
When you access or use an Service, you agree that you will not:
SECTION SUMMARY: To enforce these rules, we may monitor your activity and remove any UGC. If you don’t follow these rules, we may warn you, suspend you, ban you permanently or place other restrictions on your Account, games, or related services.
If you or someone using your Account violates these rules and fails to remedy this violation after a warning, Company may take action against you, including revoking access to certain or all Services, Content or Entitlements, or terminating your Account as described in Section 8. In case of severe violations, Company may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling accounts or entitlements (including virtual currencies and items) without Company’s permission, extreme harassment, or threatening illegal activities. When practical, Company will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
Specific Services may post additional rules that apply to your conduct on those services.
If you encounter another user who is violating any of these rules, please report this activity to Company using the "Help" or "Report Abuse" functions in the relevant Service.
Company may, in its discretion, monitor or record online activity or Content on Services and may remove any Content from any Service at its discretion. Remember that your communications and your UGC in a Service are public and will be seen by others.
Your use of Services is subject to the Privacy and Cookie Policy at privacy.ea.com, which is incorporated by reference into this Agreement.
SECTION SUMMARY: This section applies to our games.
This Section applies to games and game subscriptions ("Games").
SECTION SUMMARY: We use specific security software to combat piracy and cheating, and tampering with it can result in losing access to our games.
Company utilizes technical or content protection measures, developed by Company or third-party partners, for Services in order to prevent piracy and the unauthorized copying or use of Games. Attempting to circumvent, disable or tamper with these measures shall terminate this license.
SECTION SUMMARY: Company installs software to detect cheating or hacking. These programs send data on your computer to Company.
Company utilizes technologies to detect and prevent cheating in the use of Services, and in particular, Games. These technologies may be developed by Company or a third party.
When you launch an online-capable game, these technologies may activate using kernel, admin or user privileges, and monitor your gameplay and device’s RAM, processes, communications, and file storage for the purposes of detecting violations of, and enforcing, the Code of Conduct in Section 6, including the use of Unauthorized Third-Party Programs. An Unauthorized Third-Party Program is a third-party program or file (such as a "add-on", "mod", "hack", "trainer", or "cheat") that Company believes (i) enables or facilitates cheating of any type; (ii) allows users to modify or hack the game interface, environment, and/or experience in any way not expressly authorized by Company; or (iii) intercepts, "mines", or otherwise collects information from or through the game.
Company may collect relevant information needed for our investigation and enforcement purposes such as your account information, details related to an Unauthorized Third-Party Program, any Game files that were modified, and times cheating was detected. We also may terminate your license and your Account if we determine you have been cheating.
When you exit an online-capable game, these anti-cheat technologies will be deactivated.
SECTION SUMMARY: If you break this agreement or the law, Company may suspend or terminate your use of our games and services, without refunds. If we decide to shut down a game or a service, we will tell you at least 30 days in advance.
This Agreement is effective until terminated by you or Company. Company may terminate your access and use of any Services or your Account if Company determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of Services on your Account. When practical, Company will notify you of the termination. You may lose your username and persona as a result of an Account termination. If you have more than one Account, depending on the type of violation or misuse, Company may terminate all of your Accounts and all related Entitlements. If your Account is terminated, you will not have access to your Account or Entitlements and may be barred from accessing or using any Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of termination and prior to any termination, Company may issue you a warning, suspend or alter your access to a particular Service or your Account, remove or revoke Entitlements at an Account or device level, remove or delete any Content which is in violation with this Agreement, or ban your device or machine from accessing specific Services. If Company takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.
Company may terminate any Service at any time by giving at least thirty days' notice either via email (if available), within the affected Service, or on the updates page. After online service termination, no software updates will be applied to our games and we can't guarantee our games will continue to function on newer or updated operating systems or be available for download via application distribution services such as the iOS App Store and the Google Play Store. Any games available via such application distribution services after online service termination may be removed without further notice to you.
If you believe that any action has been taken against your Account or device in error, please contact us.
If you terminate this agreement, you agree to cease all use of Services.
Sections 5, 8-9, 11-15 of this Agreement survive termination of this Agreement.
SECTION SUMMARY: Company collects various information when you play our games (even offline) to operate our business, improve our products and services, enforce our rules and communicate with you. We encourage you to read the Privacy and Cookie Policy at privacy.ea.com.
When you use a Service, Company may collect and store data from your computer or device, including information about your computer or device, hardware, installed software, and operating system (such as IP Address and device ID), information about your Service usage, gameplay and usage statistics, system interactions and peripheral hardware. If you play a Service offline, this data will be stored on your device and transmitted to Company when your device connects to the Internet. Company uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce this Agreement, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, Company also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and accomplishments), or identify content that is created and shared by you with other players.
Your data is collected, used, stored and transmitted by Company to Electronic Arts Inc. in the United States, in accordance with the Privacy and Cookie Policy at privacy.ea.com.
You can manage certain preferences in the Settings tab.
SECTION SUMMARY: If we update our Services, you may need new software to keep playing our games.
Services may require or allow you to download software, software updates or patches, or other utilities and tools from Company or its licensors onto your computer, entertainment system or device. These technologies may be different across platforms, and the performance of Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of a Services. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to Company automatically by installing any available updates for Services. Failure to install available updates may render Services, including Games, unplayable.
SECTION SUMMARY: You are responsible for your use of game servers and services not owned by Company.
Some Services may give you the option of playing on servers not owned or controlled by Company. Company does not control those services and is not responsible for your use of the Service on or through them. These third-party services may subject you to additional or different terms and restrictions.
Services may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. Company does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
SECTION SUMMARY: Company does not make any promises about our software, but the local law in your country may include certain warranties. The damages you can recover for legal claims are limited.
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR SERVICE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. COMPANY DOES NOT WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED.
IF YOU LIVE IN THE EEA, UNITED KINGDOM OR SWITZERLAND, COMPANY AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY COMPANY'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE SERVICE. COMPANY DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
SECTION SUMMARY: This agreement can be changed only by Company.
This Agreement, together with any other terms that govern your use of Services, constitutes the entire agreement between you and Company. The failure of Company to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
SECTION SUMMARY: These terms are governed by the laws of the State of California, excluding its conflicts-of-law rules; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or Services shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts.
SECTION SUMMARY: You must follow all export laws, and you agree you are not a prohibited person under export laws.
You agree to follow U.S. and other export control laws and agree not to transfer a Service to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom Company is prohibited from doing business under these export control laws.
SECTION SUMMARY: This agreement can be updated by Company at any time. If you do not agree to certain meaningful changes, you may not be able to play our games.
Company may modify this Agreement from time to time, so please review it frequently. Your continued use of Services means you accept any changes published as part of any update.
SECTION SUMMARY: If you have a dispute, you agree to send details in writing to Company, and then arbitrate. You agree that any claim you bring against Company is in your individual capacity, and not as a class member, class representative, or as part of a class action.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND COMPANY EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Section 15 offers a streamlined way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by logging into the support interface with your Account. If Company cannot resolve your concern, you and Company agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section 15 is an agreement between you and Company, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section 15 and any arbitration carried out under this Section. This Section 15 shall be interpreted broadly and shall survive termination of this Agreement.
All disputes, claims or controversies arising out of or relating to this Agreement, any Service and its marketing, or the relationship between you and Company, including the validity, enforceability, and scope of this Section 15 ("Disputes"), shall be determined exclusively by binding arbitration. This includes claims that occurred before you entered into this Agreement. The only Disputes not covered by this Section 15 are claims (i) regarding the infringement, protection or validity of your, Company's or Company's licensors' trade secrets, copyright, trademark or patent rights; and (ii) brought in small claims court.
You and Company shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Gems Interactive LLC, 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department.
If you and Company cannot resolve a Dispute informally, you or Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules ("AAA Consumer Rules"), which are available at www.adr.org or by calling 1-800-778-7879, with the following modifications:
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Company may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. If this paragraph D is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
If you live in the United States, arbitration will take place in the county in which you reside. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and Company agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay the proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
If the arbitrator rules in your favor on the merits of any claim you bring against Company and issues you an award that is greater in monetary value than Company's last written settlement offer made before Company makes its final written submissions to the arbitrator, then Company will:
Company will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.
If any clause within this Section 15 (other than the Class Action Waiver clause in paragraph D above) is found to be unenforceable because it would preclude a particular claim or remedy (such as public injunctive relief), that claim or remedy (and only that claim or remedy) must be severed from arbitration and may be brought in court, while any remaining claims or remedies will be resolved through arbitration. If any clause within this Section 15 (other than the Class Action Waiver clause set forth in paragraph D above) is found to be unenforceable for any other reason, that clause will be severed from this Section 15 and the remainder of this Section 15 will remain in full force and effect.