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By registering, you will open an account with Electronic Arts (EA) in the United States. Your data will be stored in the USA. Though EA may share your data with EA affiliates in countries with varying personal data protection laws, your data is always protected by our Privacy Policy. EA and EA affiliates use your data to administer your account, provide information of interest to you, and to communicate with you. You may opt out of receiving marketing materials by changing your account preferences. More information about how EA uses your data and your related rights can be found in our Privacy Policy below. By registering, you agree that EA may process your data in accordance with the following Privacy Policy and that you will abide by Terms of Service below. LAST UPDATED: August 22, 2008 PLEASE READ THE FOLLOWING TERMS and the SUPPLEMENTAL TERMS CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE or WEBSITE FROM ELECTRONIC ARTS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. I. EA ONLINE PRIVACY POLICY EA and its subsidiary companies respect the privacy rights of our online visitors and recognize the importance of protecting the information collected about you. We have adopted a corporate wide Online Privacy Policy that guides how we collect, store and use the information you provide online. Please note that this policy applies only to sites maintained by Electronic Arts and its subsidiaries, and not to web sites maintained by other companies or organizations to which we link. EA complies with the EU Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union consistent with the European Commission’s Directive on Data Protection that went into effect in October, 1998. If you have questions or concerns regarding this statement, you should first contact the EA Privacy Policy Administrator for the country in which you reside at the email address or postal address specified at privacyadmin.ea.com. If your country is not listed, please contact the United States’ Privacy Policy Administrator. Third Party Sites. If you click on a link to a third party site, including on an advertisement, you will leave the EA site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as EA. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to an EA site, you should consult that site’s privacy policy before providing any personal information. What is personal information and when does EA collect it? Personal information is information that identifies you and may be used to contact you on-line or off-line. EA collects personal information from our online visitors during (1) contests (registration or claiming a prize), (2) warranty registration and/or during customer support or technical service requests, (3) player match up or other online services, (4) registration for games or special game-specific event participation, (5) newsletter subscriptions, referral services, and other marketing surveys and email campaigns, (6) registration for membership on our sites, (7) when you order products or subscriptions from us online, or (8) when you request services from third party service providers on our site or (9) through use of our software or online services. Information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, and credit card information. In addition, we may collect demographic information such as gender, zip code, information about your computer, hardware, software, platform, media, Internet IP address and connection, information about online activity such as feature usage, game play statistics and scores, user rankings and click paths and other data that you may provide in surveys or online profiles, for instance. We may combine demographic information with personal information, such as email address, to tailor our offerings or web pages to your preferences or interests. Prize winners may also be required to provide Social Security or Social Identification Number for tax purposes. We do not require personal information to obtain access to any of our sites; however, you will not be able to access areas that require registration. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Choice and Opt-out" section below. If you choose to use our referral service to "tell a friend" about an EA product or site, we will ask you for your friend’s name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. EA stores your friend's name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose. Whatever the purpose may be, we will only collect information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives. PLAYSTATION®3 If you sign up to play EA games through a PLAYSTATION®3 system, your Network Account information will be provided to EA so that we can establish an EA Online account for you. You need an EA Online account to play EA’s titles online. By signing up to play EA’s titles, you agree that limited user account information can be transferred to EA. Information transferred to EA includes your e-mail address and date of birth but does not include credit card number or other financial account information. Xbox If you sign up to play EA games through Microsoft’s Xbox LIVE Service, Microsoft will provide your Xbox LIVE user account information to EA so that we can establish an EA Online account for you. You need an EA Online account to play EA’s Xbox LIVE titles. By signing up to play EA's Xbox LIVE titles, you agree that Microsoft can transfer your user account information to EA. Information transferred from Microsoft to EA includes your name, address, e-mail address and date of birth but does not include credit card number or other financial account information. EA's Online Stores Visitors purchasing goods and services through one of our online stores may need to provide a valid credit card number and expiration date, in addition to name, mailing address(es), phone number and e-mail address. Some of EA’s online stores may employ third-party contractors whose opt-out instructions for promotional or marketing communications may vary from our own. Please see the EA online store for more information. EA Mobile Visitors to EA Mobile may be asked to provide the name of their mobile service carrier, model of their mobile phone and a valid mobile number so that we may provide purchase instructions directly to their mobile phone. Your mobile number will only be used to send you a text message with a link to download your game and will not be retained for any other purpose. If you wish to subscribe to our EA Mobile newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Choice and Opt-out" section below. Job Postings Electronic Arts allows for the online submission of resumes and employment related information. Please note that the information (including personal information) collected and services related to the online job application process are not subject to this privacy policy. However, we want to assure you that information obtained from our job site will be used solely for the purpose of accepting and evaluating your submission for possible employment and the related purposes described on our jobs site. Please review the EA Jobs Data Privacy Statement on EA's jobs site at jobs.ea.com for further information. Online Chat Rooms and Profiles You may choose to disclose information, including personal information, about yourself in our online chat rooms, message boards, user "profiles" for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there. You should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. Please see our Terms of Service at terms.ea.com on this point and for other guidelines about posting content on our web sites. Statistical and Usage Data When you play our games on your PC or console, we may retrieve information about your hardware system and how your game is used, including your Internet Protocol Address. We use this information to enable you to play your game over the Internet. We also use this information to better understand the behavior and preferences of our customers, so that we can improve our products and services. We will never use this information to personally identify you without your knowledge or consent. In-Game Advertising Our games may incorporate dynamic advertisement serving technology offered by Massive Inc. or IGA Worldwide Inc. ("Ad Providers"), which enables advertising to be temporarily uploaded into the game on your PC or console, and replaced while you play online. Ad Providers only log information that is needed to measure presentation of, and serve advertising to the appropriate geographic region, and to the right location within the game. Logged data may include Internet Protocol Address or player’s user name, in game location, length of time an advertisement was visible, size of the advertisements, and angle of view. Your game may be assigned an id number, which is stored on your PC or console, and used by Ad Providers to calculate the number of unique and repeat views of dynamic in game advertising. The id number is not associated with any personal data. No logged information is used to personally identify you. The servers used by the Ad Providers may be located outside your country of residence. If you reside in a Member State of the European Union, the servers may be located outside of the European Union. This ad serving technology is integrated into the game; if you do not want to use this technology, do not play the game while connected to the Internet. For more information concerning Massive Incorporated, please visit http://www.massiveincorporated.com. For more information concerning IGA Worldwide Inc., please visit www.igaworldwide.com. Public Data Your participation in tournaments or other online game events, is conditional upon you agreeing to us collecting, using, storing, transmitting and publicly displaying statistical data (such as your scores, rankings and achievements) generated through your participation. A Special Note about Children EA does not knowingly collect data from anyone under the age of 13. What about cookies and other technologies? We use cookies and other technologies to passively collect demographic information, personalize your experience on our site and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within web sites. We may link cookie information to personal information. Cookies link to information regarding what items you have selected for purchase at our store, pages you have viewed, or games you have played. This information is used to keep track of your shopping cart and make sure you don't see the same ad repeatedly. Also, we use cookies to deliver content specific to your interest and to monitor website or game usage. We collect information on what games are played, how much time is spent playing the games and which ads or links are clicked.. Some of our sites use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and Electronic Arts does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. For more information concerning how to disable your cookies, please visit http://support.ea.com. Please note that this privacy policy covers the use of cookies by EA only and does not cover the use of cookies by any advertisers. DoubleClick, the company that serves many of the ads that appear on the pogo.com site, may also collect information regarding your activities online, including the sites you visit. Other ad serving companies may also collect similar information. For more information on DoubleClick's services to opt out of those services, please visit DoubleClick's website at http://www.doubleclick.com/us/about_doubleclick/privacy/. For more information about the practices of some of the other large ad serving companies that may collect information on your use of the site, you should visit Atlas DMT, Eyeblaster, Klipmart, Tacoda, Inc; Advertising.com and PointRoll to view their privacy statements and opt out policies. Other technologies used include clear GIFs and IP address logging. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages. EA also maintains log files which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our Web sites, to report aggregate information to our advertisers and to troubleshoot technical problems. In the event of user abuse of our websites, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service. What happens to the information provided? Electronic Arts does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of Electronic Arts’ customer information may be transferred to its successor or assign. If you register to become a member of Pogo, your user name is reserved for you with our partner, America Online, Inc. (AOL). We send your user name to AOL, but we don’t send AOL any of your personal information. However, if you register to become a member of pogo.com (our online games service), and you are 18 years of age or older, you may opt-in for an AOL Instant Messenger (AIM) Account. If you do, you give EA permission to send AOL your email address and you are automatically registered for an AIM Account. AOL will email you directly concerning your AIM account. As with all third party sites, Electronic Arts does not control AOL’s privacy policies and practices. We urge you to review AOL’s privacy policy at www.aol.com. The personal information you provide will allow us to alert you to new products, features and enhancements; special offers; upgrade opportunities; and contests and events of interest. You may opt in to allow EA to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. For example, we may share your personal information with a sport licensor or sponsor of our service on our site. You would be asked at that time if you wish to participate. We see this as a value-added service helping you to find useful products or services. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner directly. You may also later opt out of this service from EA. See the "choice and opt-out" section below. We may send EA emails that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve traded your personal information to any party. We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular member. This information may be transmitted to an ad server owned by the advertising company (for example, on pogo. com, this is DoubleClick) to match members with ads that they are more likely to be interested in. However, we do not disclose any member's personal information to our advertisers without the member's consent. Participation in member surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies. From time to time, Electronic Arts may employ third-party contractors to collect personal information on our behalf to provide email delivery; product, prize or promotional fulfillment; contest administration; credit card processing; shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We may use third party contractors, such as credit agencies or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. To enrich our profiles of individual customers, we tie this information to the personally identifiable information they have provided to us. When our third-party contractors collect and/or have access to the personal information you provide to Electronic Arts, Electronic Arts requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by Electronic Arts. These third parties are prohibited from using your personally identifiable information for any other purpose without your specific consent. You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. If you do share your information, to opt-out from receiving further communications from any third party that is not our agent/service provider, please contact that marketing partner or affiliate directly. To enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our site. Products Offered in Partnership with Third-Party(s) Members may register for other services from our site(s). Certain products and/or services available on our site are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services. Where is the information held? Electronic Arts is a global organization and many of the computer systems on which Electronic Arts collects, stores, and uses the information it collects or receives are based in Australia, Europe, the United States and elsewhere. Your personal information may be transferred to, used, processed or held by Electronic Arts in the United States and in other countries, including countries both in and outside the European Union, and used for the purposes set out in this Privacy Policy. Choice and Opt-out When we first collect information about you, we will offer you the opportunity to opt-out of having your personal information shared with parties outside of Electronic Arts or its subsidiaries (except to the extent required by law, court order, or as requested by other government or law enforcement authority). In addition, if you do not want Electronic Arts to send you e-mail or postal mail about our products and services, you can opt out at the time of registration or information collection. If, at a later date, you no longer wish to receive our newsletter and marketing communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication, visiting the site in which you provided your information and changing your preferences, or by contacting the Privacy Policy Administrator in your country listed on our site at privacyadmin.ea.com, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States. Safeguarding Your Personal Information The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact the Privacy Policy Administrator in your country listed on our site at privacyadmin.ea.com, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States. Review, Correction of Your Information and Requesting Removal from Mailing Lists and Deactivating Your Account You can correct or update your account information at any time by logging on our site and navigating to "My Account." Should you be unable to log in or wish to have your account(s) deactivated contact the Privacy Policy Administrator in your country as listed on our site at privacyadmin.ea.com, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites. By using this site, you signify your assent to the Electronic Arts Online Privacy Policy. If you do not agree to this policy, please do not use any Electronic Arts site. If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. If you choose to opt-out of our changed practice, our e-mail will contain instructions on how to opt-out. Your continued use of our site will signify your acceptance of the changes to our Online Privacy Policy. For more information and updates to our Online Privacy Policy, visit privacy.ea.com. II. TERMS OF SERVICE This Terms of Service and all supplemental terms, as amended from time to time, governs your use of any online game, service, or web site ("EA Services") offered by Electronic Arts or any its subsidiaries and affiliates (collectively, "EA"). Please read the Supplemental Terms that are contained in links at the top of this document. If you do not see links, you can find the supplemental terms at the end of this document. Supplemental Terms and EA’s Privacy Policy are an integral part of this Terms of Service and incorporated into this document by reference. You can find EA’s Privacy Policy at privacy.ea.com. You agree to check terms.ea.com periodically for new information and terms that govern your use of EA Services. EA may modify the Terms of Service at any time. Revisions to terms affecting existing EA Services shall be effective thirty (30) days after posting at terms.ea.com. Terms for new EA Services are effective immediately upon posting at terms.ea.com. Special Notice to California Residents: Pursuant to Cal. Civil Code § 1789.3, please note that (a) EA is located at 209 Redwood Shores Parkway, Redwood City, CA 94065, (b) The fees and charges for EA Services vary depending on the services selected by you, and (c) If you have a complaint regarding EA Services or desire further information on use of EA Services, visit EA’s customer support web pages at support.ea.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254 or (800) 952-5210. 1. EA Account An EA Account ("Account") may be required to access and use some EA Services. If you have questions about Account registration, please contact us by visiting support.ea.com. To create an EA Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the EA Service for which you are registering. Some EA Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. EA will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions. 2. Privacy and Data Collection Your privacy is important to us. Please read EA’s Privacy Policy carefully for information relating to EA’s collection and use of personal information. You can find EA’s Privacy Policy at privacy.ea.com. When you connect to EA Services, we may retrieve information from the computer used to log onto the EA Service. The information we collect may include information about the computer's hardware system and any data related to the computer's operation of EA’s Software or use of EA Services. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy at privacy.ea.com. You understand, acknowledge and agree that your communications on EA Services are not private or confidential, and may be viewed and used by others accessing the EA Services. 3. Content "Content" on EA Services may include software, technology, text and other audio visual material, and the design and appearance of our websites. Content may be provided by you or third parties, including other users of EA Services. EA does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to EA Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on EA Services. EA reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in EA's sole and final discretion. To the maximum extent permitted by applicable law, EA does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content. You are solely responsible for your Content and may be held liable for Content that you post. 4. Intellectual Property Rights Content on EA Services is owned by EA or EA’s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an EA Service unless you are expressly authorized to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. EA reserves all rights in EA owned and licensed Content that are not expressly granted to you in this Terms of Service. Making unauthorized copies of Content found on EA Services may result in the termination of your EA Account(s), prohibition on use of EA Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless EA from any unauthorized or illegal conduct by you, or through the use of your Account, on EA Services. 5. Contributing Third Party Content to EA Services EA respects the intellectual property rights of others. You must have the legal right to upload Content to EA Services. You may not upload or post any Content on EA Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. EA may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of EA's or a third party’s intellectual property rights, EA may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and tokens). 6. Contributing Your Own Content to EA Services; License Grant to EA and Others In exchange for EA enabling your contribution of Content, when you contribute Content to an EA Service, you expressly grant to EA a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant EA all licenses, consents and clearances to enable EA to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content. If the EA Service on which you contribute Content permits other users to access and use that contributed Content as part of the EA Service, than you also grant all other users of the relevant EA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant EA Service without further notice, attribution or compensation to you. 7. Paid Services Some EA Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services visit support.ea.com. FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. EA reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an EA Service, EA will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the EA Service. You are responsible for reviewing the EA Service to obtain timely notice of such changes. Your continued use of the EA Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but EA will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of EA Services is subject to use or sales tax, then EA may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit support.ea.com. A. Payment Options. You may pay fees using the methods available for the particular EA Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by EA Service. Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription. You agree that EA is authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription. Customers who use other payment methods may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit support.ea.com. When you provide credit card or other payment information to EA, you represent to EA that you are the authorized user of the credit card or other payment method. You agree to promptly notify EA of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information, and you agree to promptly notify EA if your credit card expires or is canceled for any reason. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account. B. Trial Subscriptions. For some EA Services, EA may offer a free trial subscription. If you accept a free trial subscription, EA will begin to bill your Account for that EA Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using EA Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable. C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to EA. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. 8. Termination of EA Services and Accounts EA may terminate any EA Service at any time by giving you notice of such termination within the time period specified when you joined the particular EA Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable EA Service. EA may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of EA Services, products, or EA's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, EA may terminate all of your Accounts and all related entitlements. EA may issue you a warning, or EA may immediately terminate any and all Accounts that you have established. You acknowledge that EA is not required to provide you notice before terminating your Account(s). If EA terminates your Account, you may not participate in an EA Service again without EA's express permission. To participate in an EA Service, contact support.ea.com EA reserves the right to refuse to keep Accounts for, and provide EA Services to, any individual. You may not allow individuals whose Accounts have been terminated by EA to use your Account. If your Account, or a particular subscription for an EA Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular EA Service (such as points, tokens or other digital items). 9. Cancellation of your Account You have the right to cancel your Account or a particular subscription to an EA Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use EA Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with EA, including any dispute related to, or arising out of: (1) any term of this Terms of Service or EA’s enforcement or application of this Terms of Service; (2) the Content available through EA Services or any change in Content provided through EA Services; (3) your ability to access and/or use EA Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for EA Services. Contact EA's Customer Service Department at support.ea.com to cancel your Account. EA reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an EA Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with EA Services must be settled before you establish a new EA Account. 10. Rules of Conduct. You may violate the Terms of Service if you: - Post, transmit, promote, or distribute Content that is illegal. - Harass, threaten, embarrass, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. - Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated. - Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text]. - Impersonate another person (including celebrities), indicate falsely that you are an EA employee or a representative of EA, or attempt to mislead users by indicating that you represent EA or any of EA's partners or affiliates. - Attempt to get a password, account information, or other private information from anyone else on EA Services. - Upload any software or Content that you do not own or have permission to freely distribute. - Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software. - Upload files that contain a virus or corrupted data. - Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. - Improperly use in-game support or complaint buttons or make false reports to EA staff. - Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications. - Modify any part of the EA that EA does not specifically authorize you to modify. - Post or communicate any player’s real-world personal information using an EA Service. - Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an EA Service. - Use and communicate exploits to gain unfair advantage in a game - Attempt to use EA Software on or through any service that is not controlled or authorized by Electronic Arts. - Interfere with the ability of others to enjoy playing an EA Service or take actions that interfere with or materially increase the cost to provide an EA Service for the enjoyment of all its users. Specific EA Services may also post additional rules that apply to your conduct on those services. You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use EA Services. EA reserves the right to terminate your Account and to prevent your use of any and all EA Services if your Account is used to engage in illegal activity or to violate this Terms of Service. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to EA using the "Help" or "Report Abuse" functions in the relevant EA Service. 11. Software, Utilities and Tools EA Services may require or allow you to download software, software updates or patches, or other utilities and tools from EA or its licensors onto your computer ("EA Software"). EA grants to you a non-exclusive, limited license to use EA Software solely for the purpose stated by EA at the time the EA Software is made available to you. If an End User License Agreement is provided with the EA Software, your use of the EA Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access EA Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from EA Software. You may not modify EA Software or use it in any way not expressly authorized in writing by EA. You understand that EA’s introduction of various technologies may not be consistent across all platforms and that the performance of EA Software and related EA Services may vary depending on your computer and other equipment. From time to time, Electronic Arts may provide you with updates or modifications to EA Software. You understand that certain updates and modifications may be required in order to continue use the EA Software and EA Services. 12. Export Control Laws EA Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading EA Software from EA, you warrant that you are not located in any country, or exporting EA Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or EA Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to EA Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement. 13. Updates to EA Services IMPORTANT: EA MAY FIND IT NECESSARY TO MAKE UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF EA 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. EA reserves the right to make these UPDATES and is not liable to you for these changes. 14. Limitations on Warranty and Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF EA SERVICES, EA SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. EA SERVICES, EA SOFTWARE, EA’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. EA PROVIDES EA SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE EA SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT EA WILL HAVE ADEQUATE CAPACITY FOR EA SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EA OR ITS LICENSORS IS TO STOP USING EA SERVICES, AND TO CANCEL YOUR EA ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT EA, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON EA SERVICES OR USE OF EA SOFTWARE. IN NO CASE SHALL EA OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "EA AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EA FOR EA SERVICES. IN NO CASE SHALL EA OR EA AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF EA SERVICES, EA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EA SERVICES OR ACCOUNTS.. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EA’S AND EA AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. EA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH EA AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Notwithstanding the foregoing, nothing contained in this Terms of Service limits EA’s liability to you for fraudulent misrepresentations, death or personal injury caused by EA’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law. 15. Indemnification Upon EA's request, you agree to defend, indemnify and hold harmless EA and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through EA Services. Without limiting the generality of the foregoing, you agree to indemnify and hold EA harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of EA Services and for all of your communication and activity on EA Services, including any Content you contribute, and that you will indemnify and hold harmless EA, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on EA Services, including any Content that you contribute. EA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to EA in that matter. This Section shall survive termination of this Terms of Service. 16. Links to Third-Party Sites EA Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. EA does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. 17. General Terms a. Remedies. You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the EA Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including EA’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. b. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of EA, and the remaining portions shall remain in full force and effect. c. Waiver. The failure of EA to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by EA. d. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with EA or relating in any way to your Account(s) or your use of EA Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving EA or its affiliates, employees, contractors, officers, directors, vendors and content providers. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with EA, arising out of or relating in any way to your Account(s) or your use of EA Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving EA or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws. 18. Entire Agreement The Terms of Service (including the EA Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and EA relating to your rights and obligations in the use of EA Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on an EA Service, EA shall resolve the conflict in its sole discretion. Bookmark terms.ea.com and visit this site regularly for updates to EA Terms of Service. SUPPLEMENTAL TERMS 19. Additional Terms and Conditions for Specific EA Services Certain EA Services may require you to read and agree to terms and conditions that are specific to that EA Service. Your right to use that EA Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, EA will be the final and sole arbiter of any such inconsistencies. 20. Beta Tests In its sole discretion, EA may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to EA (and to EA only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test." You must sign and return to EA a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions. In connection with the Beta Test, EA may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the EA site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of EA. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement. You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to EA, and EA is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until EA publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing. Upon request, you agree to immediately return to EA all copies of the pre-release copy and confidential or proprietary information EA provided to you. As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied. When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) EA has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) EA’s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances. 21. XBOX LIVE TERMS OF USE The Xbox LIVE Terms of Use continue to apply in their entirety and govern your conduct while accessing EA Services through Xbox LIVE. To the extent that Xbox LIVE Terms of Use conflict with the EA Terms of Service, the Xbox LIVE Terms of Use control. EA is solely responsible for the operation and content of EA Services. Microsoft may collect and use information about you and your use of Xbox LIVE while accessing EA Services through Xbox LIVE. Microsoft’s use and collection of such information is governed by the Xbox LIVE Privacy Statement (available at xbox.com or by calling 1-800-4MY-XBOX). BY ACCESSING EA SERVICES THROUGH XBOX LIVE YOU HEREBY AGREE THAT MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU MAY SUFFER WHILE ACCESSING EA SERVICES THROUGH THE XBOX LIVE SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CAUSES OF ACTION AND CLAIMS THAT YOU MIGHT BE ABLE TO ASSERT AGAINST MICROSOFT ARISING OUT SUCH DAMAGES OR YOUR USE OF EA SERVICES. EA is solely responsible for providing all customer support and billing for services obtained through EA Services. 22. EA Services for the Playstation Computer Entertainment Systems - Statement by Sony Computer Entertainment (North America) "DNAS" This Software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected does not identify the user personally and will not be shared with any non-SCE company. A PUBLISHER CAN COMBINE THIS INFORMATION WITH PERSONALLY IDENTIFYING INFORMATION FROM THE PUBLISHER’S RECORDS IF THE USER PROVIDES THE PERSONALLY IDENTIFYING INFORMATION. BEFORE PROVIDING ANY PERSONAL INFORMATION TO A PUBLISHER, PLEASE BE SURE TO REVIEW THE PUBLISHER’S PRIVACY POLICY AND TERMS AND CONDITIONS OF USE. DO NOT PROVIDE PERSONALLY IDENTIFYING INFORMATION TO A PUBLISHER UNLESS YOU ACCEPT THE CONDITIONS OF USE AND TERMS OF THEIR PRIVACY POLICY. SCEI, Sony Computer Entertainment America ("SCEA") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEA shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact SCEA Consumer Services at 1-866-466-5333. For additional information concerning "DNAS", visit www.us.playstation.com/DNAS. In the event of a systems incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEA and their affiliates shall be limited to the repair or replacement of the user's affected game software, console or peripherals at the option of SCEA. SCEA, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto. - Statement by Sony Computer Entertainment (Europe) This Software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. SCEI, Sony Computer Entertainment Europe ("SCEE") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEE shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact your local PlayStation Customer Care line on the number provided in the software manual. For additional information concerning "DNAS", refer to PlayStation.com. In the event of a systems incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEE and their affiliates shall be limited to the repair or replacement of the user's affected, game software, console or peripherals at the option of SCEE. SCEE, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto. - Statement by Sony Computer Entertainment (Japan) for Privacy Policy & Network This Software uses Network Authentication System. Network Authentication System retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected does not identify the user personally. Electronic Arts can combine this information with personally identifying information from Electronic Arts’ records if you provide the personally identifying information. Before providing any personal information to Electronic Arts, please be sure to review Electronic Arts’ privacy policy and terms and conditions of use. Do not provide personally identifying information to Electronic Arts unless you accept the conditions of use and terms of their privacy policy. EA ONLINE SERVICE FOR THE PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM The PLAYSTATION®Network Terms of Service continue to apply in their entirety and govern your conduct while accessing EA Services through the PLAYSTATION®Network. Any conflict between the EA Terms of Service and the PSN Terms of Service and User Agreement shall be resolved in favor of the PSN Terms of Service and User Agreement.