TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
ACCEPTANCE OF CONTRACT TERMS
The following terms of
use ("Terms of Use") are the terms of a legal agreement between
you, on the one hand, and Ubi Soft Entertainment S.A., Ubi Soft, Inc., Red
Storm Entertainment, Inc., Blue Byte Software, Inc. and Ubi.com S.A. (hereinafter
collectively referred to as "Ubi"), on the other hand.
The Ubi web group is comprised
of various web sites, web pages and Software (as defined herein) owned and/or
controlled and operated by Ubi (collectively, the "Sites").
The Sites are offered to
you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein and as outlined on any of the Sites. By accessing,
browsing and/or using the Sites, you acknowledge that you have read, understood,
and agree to be bound by these terms and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES.
BY PRESSING THE "I
ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS SET
IF YOU BREAK OR VIOLATE
ANY OF THESE TERMS AND CONDITIONS OR OTHERWISE VIOLATE ANY CODES OF CONDUCT,
YOUR ACCOUNT, AND YOUR RIGHT TO USE THE SITES MAY BE TERMINATED OR SUSPENDED
IMMEDIATELY BY UBI IN ITS SOLE DISCRETION AND WITHOUT NOTICE. IF YOUR
ACCOUNT IS SUSPENDED OR TERMINATED YOU WILL NOT BE ENTITLED TO A REFUND OF
ANY AMOUNTS PAID BY YOU TO USE THE SITES AND YOU WILL FORFEIT ALL OF YOUR
UNUSED ACCESS TIME.
You may become a member
("Member") of Ubi by registering on the Site located at www.ubi.com.
To become a Member, you must accept all of the terms and conditions of the
Membership Agreement, as well as these Terms of Use. If you have questions
about these Terms of Use or the Membership Agreement, please contact us at
http://support.ubi.com.
The Sites may each contain
additional terms, codes of conduct or guidelines that govern use of each particular
Site, including without limitation, particular features (i.e., chat rooms
and/or bulletin boards) and/or special offers (i.e., sweepstakes and contests).
In the event that any of
the terms, conditions, and notices contained in these Terms of Use conflict
with the additional terms, codes of conduct and/or guidelines contained within
any particular Site, then these Terms of Use shall control; provided that
in the event any subscription to a game, the particular terms of service and
play for that game shall prevail.
MEMBER ACCOUNT, PASSWORD,
AND SECURITY
If a particular Site, or
any product or service offered through the Sites requires you to open an account,
you must complete the registration process by providing us with current, complete
and accurate information as prompted by the applicable registration form.
You then will choose a password and a user name. You are entirely responsible
for maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under your
account. You agree to notify Ubi immediately of any unauthorized use of your
account or any other breach of security. Ubi will not be liable for any loss
that you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable for
losses incurred by Ubi or another party due to someone else using your account
or password.
MODIFICATION OF THESE TERMS OF USE
Ubi reserves the right to change the terms, conditions, and notices under which the Ubi Sites are offered, including but not limited to the charges associated with the use of the Sites or any products sold therein. You are responsible for regularly reviewing these Terms of Use and additional terms posted on each particular Site. Your continued use of the Sites constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL
USE LIMITATION
You may not advertise any
goods or services on the Sites. Chain letters and pyramid schemes are not
allowed. You may not use any of the Sites to collect information about Ubi
Members, including, but not limited to, login names and passwords, and the
use of any such information to send unsolicited e-mail or for any other purpose
is strictly prohibited. You may not exploit the Sites, or any games or services
offered on the Sites for any commercial purposes. Any violation of these provisions
can subject your Member account to immediate termination (or result in revocation
of Guest status) and further legal action, at Ubi's discretion.
The communication features
provided by Ubi, including, but not limited to forums, chat rooms and bulletin
boards, are free services provided to Members. By posting messages, creating
or modifying a home page, chatting, uploading files, inputting data, transmitting
e-mail, or engaging in any other form of communication (individually or collectively
"Communications") to or through the Sites, you agree to be bound
by the following terms and conditions.
· All Communications
are the sole responsibility of those persons posting or transmitting the Communication.
Ubi has no obligation to monitor or supervise Communications, and expressly
disclaims any representation that it will monitor or supervise them, but also
expressly reserves the right to monitor or supervise them in its sole discretion.
· Ubi does
not control the content of any Communications and does not guarantee the accuracy,
integrity or quality of anything within them.
· The Member
or user acknowledges that by using the communication features provided on
the Site, you may be exposed to Communications and other content that is offensive,
indecent or objectionable.
· Under no
circumstances will Ubi be liable for any errors or omissions in any Communication
or for any loss or damages of any kind incurred as a result of the use of
any information contained within the communication features provided on the
Site.
· If Ubi receives
notification of a Member or user regarding Communications which allegedly
do not conform to this Agreement, Ubi may investigate the allegations and
determine in good faith and at its sole discretion whether or not to remove
or request the removal of the Communication.
· Ubi reserves
the right to expel Members and users and prevent their further access to the
Sites for violating this Agreement or violating the law. Ubi also reserves
the right to remove Communications which are abusive, illegal, disrespectful,
or disruptive.
· Ubi reserves
the right to release information to the appropriate authorities, as a result
of a violation of our standards, or any other unlawful act, if the information
is subpoenaed, and/or if Ubi deems it necessary and/or appropriate.
· Ubi retains
the right to terminate the membership of any Member or Guest who violates
the following Rules of Conduct.
RULES OF CONDUCT
In addition to the limitations set forth above, you will
violate the Terms of Use if you in Ubi’s sole discretion (or others using
your Account) do any of the following:
· Post, transmit,
promote, or distribute Communications or content that is illegal.
· Harass, threaten,
embarrass, or stalk or cause distress, unwanted attention or discomfort to
another Member or Guest.
· Post content
or send Communications of any form impugning someone's race, sexual orientation,
religion, national origin, political beliefs, or ethnic heritage.
· Transmit
or facilitate distribution of content or Communications that are harmful,
abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene,
defamatory, infringing, invasive of personal privacy or publicity rights,
or in a reasonable person's view, objectionable.
· Post or communicate
"Hate speech."
· Organize
or form or attempt to organize or form any groups online and/or among other
Members or Guests based on slanderous or hate philosophies.
· Modify any
part of the Sites and/or Software without the prior written consent of Ubi.
· Disrupt the
flow of chat in chat rooms or within Software that include chat functionality
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, or flooding [posting repetitive
text].
· Impersonate
another person (including celebrities), impersonate a Ubi employee or a representative
of Ubi, attempt to mislead users by indicating that you represent Ubi or any
of Ubi's partners or affiliates.
· Attempt to
interfere with, hack into or decipher any transmissions to or from Ubi servers
or otherwise acquire a password, street address, credit card numbers, account
information, or any other private information from a Member or any other user
on the Sites.
· Give false
information or intentionally hide any information that is required by the
Sites or the Software.
· Share your
account password with anyone and/or sell, assign or otherwise transfer to
any third party your account without or without consideration.
· Do not follow
the instructions of authorized personnel on the Sites.
· Upload or
distribute 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 Communications
for any purpose other than personal communication, or transmit advertising,
promotional materials, chain letters, pyramid schemes, or make any commercial
use of our Sites.
· Improperly
use the in game support or complaint buttons or make false reports to Ubi
staff members.
· Violate
the terms of use of third party tools, interactive service providers, state,
local, federal laws, or foreign or international law where appropriate.
· Falsify or
delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
· Restrict
or inhibit any other Member or user from using and enjoying the communication
features on the Sites.
Character names you may
create in the Software and on the Sites are subject to the same rules and
guidelines as other forms of in-game or Sites Communication in addition to
any specific character naming policies specifically applicable to the games.
In the event a character name does not conform to these guidelines, Ubi shall
have the right to suspend and/or terminate your account, or at Ubi’s sole
discretion change the character names that do not conform to the guidelines.
If Ubi terminates the account or changes a name for a violation of the naming
policy no refunds or reimbursements will be given. In addition to the aforementioned
general rules, these following rules apply to any in game name that is user
defined.
By submitting or posting
Communications to a Site, including, but not limited to, a character name,
you automatically grant Ubi the royalty-free, perpetual, irrevocable, non-exclusive
and fully sub licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such Communications (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later developed.
In addition, you warrant that any and all so-called "moral rights"
in the Content have been waived. You hereby waive all rights to any claim
against Ubi for any alleged or actual infringements of any proprietary rights,
rights of privacy and publicity, moral rights, and rights of attribution in
connection with such Communications.
ILLEGAL BEHAVIOR
Illegal behavior involving
the use of any of the Sites shall be grounds for the termination of a Member's
account. Ubi shall fully cooperate with law enforcement officials on such
matters and prosecute such offenses to the full extent of the law.
INDEMNIFICATION
You agree that you will
be personally responsible for your use of the Sites and for all of your Communications
and activities on the Sites, including any content you contribute, and that
you will indemnify, defend and hold harmless Ubi, and its respective affiliates,
employees, officers, and directors from and against any and all claims, liability,
losses, damages, costs and expenses (including reasonable attorneys' fees)
incurred by Ubi in connection with your use or alleged use of the Sites, including
your conduct, and any Communications and/or content that you contribute to
the Sites, and any breach of the Terms of Use or License Agreement (as defined
herein). Ubi reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by
you, and in such case, you agree to cooperate with Ubi's defense of such claim.
LINKS TO THIRD PARTY SITES
The Sites may contain links
to third party web sites ("Linked Sites"). These Linked Sites are
not under the control of Ubi and Ubi is not responsible for the contents of
any Linked Sites, including without limitation, any links contained in a Linked
Site, or any changes or updates to a Linked Site. Ubi is not responsible for
webcasting or any other form of transmission received from any Linked Site,
nor is Ubi responsible if the Linked Site is not working appropriately. Ubi.com
is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by ubi.com of the Linked Site or any association
with its operators. You are responsible for viewing and abiding by the privacy
statements and terms of use posted at the Linked Sites.
Any dealings with third
parties (including advertisers) included within the Sites or participation
in promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the advertiser
or other third party. Ubi shall not be responsible or liable for any part
of any such dealings or promotions.
SOFTWARE AND CONTENT AVAILABLE
THROUGH THE SITES
All content and software
("Software") (if any) that is made available to view, play and/or
download in connection with the Sites, excluding content and/or software that
may be made available by Members or users through a communication feature,
is owned by and is the copyrighted work of Ubi and/or its suppliers and is
protected by copyright laws and international treaty provisions. Your use
of the Software is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software ("License
Agreement"). You may not install or use any Software that is accompanied
by or includes a License Agreement unless you first agree to the License Agreement
terms. You acknowledge and agree that you do not acquire any rights
of ownership regarding the Sites, and/or any element of the Software including
without limitation the universe, characters, plot and names which may be created
by you while playing the Software.
For any Software not accompanied
by a License Agreement, Ubi hereby grants to you, the user, a revocable personal,
non-transferable license to use the Software for viewing and otherwise using
the particular Site in accordance with these Terms of Use, and for no other
purpose provided that you keep intact all copyright and other proprietary
notices. Any reproduction or redistribution of the content and/or Software
is expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export
control laws and regulations of the
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
SITES AND TO THE INFORMATION THEREIN. UBI AND ITS RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
UBI AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED
GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UBI AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE
THAT UBI SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS COMMUNICATIONS OR DATA, ANY MATERIAL OR DATA SENT OR
RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
ANY OF THE SITES. YOU SPECIFICALLY AGREE THAT UBI IS NOT RESPONSIBLE OR LIABLE
FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR
CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT UBI IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL UBI AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE
THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT
AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT
OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF UBI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITES.
UBI DOES NOT WARRANT THAT
YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING,
OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ON
THE SITES OR PLAYING THE SOFTWARE. IN THE EVENT THAT UBI CHOOSES NOT TO TAKE
ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE
ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL UBI, THEIR PARENT,
AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND/OR EMOTIONAL
DISTRESS AND/OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT,
THE SOFTWARE OR YOUR TIME SPENT PLAYING THE SOFTWARE. EXCEPT AS PROBITTED
BY LAW, OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE LESSER
OF (i) THE AMOUNT PAID BY YOU TO USE THE SITE, OR (ii) $100.
OTHER LIMITATIONS
You acknowledge that ubi.com
reserves the right to log off accounts that are inactive for an extended period
of time.
UBI.COM MAKES NO WARRANTY
THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: http://support.ubi.com.
TERMINATION/ACCESS RESTRICTION
Either you or Ubi has the
right to terminate or cancel your membership or a particular subscription
at any time. 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 Ubi. This includes, but is not limited to, any dispute related
to, or arising out of: (1) any term of the Membership Agreement or Ubi's enforcement
or application of these Terms of Use; (2) any policy or practice of Ubi, including
the Privacy Policy, which you may review at:
http://www.ubi.com/Info/PrivacyPolicy.htm
or Ubi's enforcement or
application of these policies; (3) any content or Software available through
the Sites or any change in content provided through Sites; (4) your ability
to access and/or use the Sites; or (5) the amount or type of fees, surcharges,
applicable taxes, billing methods, or any change to the fees, applicable taxes,
surcharges or billing methods in connection with the Sites. You can cancel
your membership or a particular subscription by delivering notice to Ubi at
http://support.ubi.com. Ubi reserves the right to collect fees, surcharges
or costs incurred before you cancel your Ubi membership or a particular subscription.
In addition, you are responsible for any charges incurred to third-party vendors
or content providers before your cancellation. In the event that your Account
or a particular subscription is terminated, no refund, including any membership
fees, will be granted; no online time or other credits will be credited to
you or converted to cash or other form of reimbursement. Active Ubi Members
may not allow former Members whose memberships have been terminated by Ubi
to use their Accounts. Any delinquent or unpaid Accounts or Accounts with
unresolved issues with Ubi must be settled before Ubi may allow you to register
or use the Sites again. Notwithstanding any contrary provision herein,
in the event Ubi decides to cancel or discontinue some of its service for
any reason whereas you have paid in advance for some of these canceled services,
Ubi will refund you the prorated portion of the overpaid fees.
INTELLECTUAL PROPERTY
The Sites, including, without
limitation, all communication features, contain copyrighted material, trademarks
and other proprietary information including, without limitation, text, software,
photographs, video, graphics, music and sound, and the entire contents of
the Sites and each area contained therein are copyrighted as a collective
work under the United States copyright laws. Ubi owns a copyright in the selection,
coordination, arrangement and enhancement of such content. You may not modify,
publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content contained on the Sites (including,
without limitation, content that Ubi enables you to download) without the
express written permission of Ubi and the copyright owner. In the event of
any permitted copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark, legend or copyright
notice shall be made. The downloading of copyrighted material from the Sites
is allowed by you only for your own use. You acknowledge that the Ubi and/or
third-party content providers remain the owners of all materials posted on
the Sites, and that you do not acquire any of those ownership rights by downloading
copyrighted materials.
SUBMISSIONS
Ubi is pleased to hear
from their customers and welcomes their comments regarding Ubi's services
and the Sites. Unfortunately, however, long-standing company policy does not
allow us to accept or consider creative ideas, suggestions or materials other
than those it has specifically requested. We hope you will understand that
it is the intent of this policy to avoid the possibility of future misunderstandings
when projects developed by Ubi's professional staff might seem to others to
be similar to their own creative work. Accordingly, we must, regretfully,
ask that you do not send us any original creative materials such as game ideas
or original artwork. While we do value your feedback on our services and products,
we request that you be specific in your comments on those services and products,
and not submit any creative ideas, suggestions or materials.
If at our request you send
certain specific submissions (e.g., Communications, including, postings and
creative submissions) or, despite our request that you not send us any other
creative materials, you send us creative suggestions, ideas, notes, drawings,
concepts or other information (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, the property of Ubi. None
of the Submissions shall be subject to any obligation of confidence on the
part of Ubi, and Ubi shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, Ubi shall exclusively own
all now known or hereafter existing rights to the Submissions of every kind
and nature, in perpetuity, throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the Submissions. You
waive any and all moral rights in any such Submissions as well as any claim
to a right of credit or approval.
CHARGES, BILLING AND FREE
PERIODS TO SUBSCRIPTION
You may be a Member of
the Sites without paying Ubi to participate in a game or other activity. However,
Ubi may, at its discretion charge monthly subscription fees to access certain
areas of the Sites, play certain premium games and participate in related
activities on the Sites. You must be a Member of Ubi and pay the subscription
or other fees to participate in these activities. If you must pay a subscription
fee to access part of our Site or play a particular game, this information
will be posted on the applicable Site. You will be given the option to subscribe
to the game by providing us with a valid credit card number and billing information.
Current subscription fees and other billing information will be held as strictly
confidential.
When you subscribe to play
certain games, you may need to read and agree to a service or membership agreement
that is specific to that game, and which may have terms that are slightly
different than the ones that are found here. Your subscription to that game,
and play of that game, is subject to those specific terms.
A. Payment by Credit Card.
You must use a credit card to pay for your subscription(s). When you provide
credit card information to Ubi, you represent that you are the authorized
user of the credit card that is used to pay the subscription or other fees.
Unless you provide us prior to the expiry of your subscription with a written
notice of cancellation, your subscription will automatically renew for the
same period of time. You agree to promptly notify Ubi of any changes to your
credit card account number, its expiration date and/or your billing address,
and you agree to promptly notify Ubi if your credit card expires or is canceled
for any reason.
B. Charges to Your Credit
Card.
YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE
OR IN PART. Ubi reserves the right to change our fees or billing methods at
any time and Ubi will provide notice of any such change at least thirty (30)
days advance. All changes will be posted on the Sites and you are responsible
for reviewing the billing section of the Sites to obtain timely notice of
such changes. Your continued use of the Sites for thirty (30) days after posting
of the changes on the Sites means that you accept such changes. If any change
is unacceptable to you, you may cancel your membership or a particular subscription
at any time, but Ubi will not refund any fees that may have accrued to your
Account before cancellation of your membership or subscription, and we will
not prorate fees for any subscription. If your use of the Sites is subject
to use or sales tax, then Ubi may also charge you for any such taxes, in addition
to the subscription or other fees published in the billing section of the
Site.
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
credit card 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.
C. Taxes
You may be required to report as taxable income the value of any prizes received
by you. To collect a prize, you will be required to provide a valid Social
Security number or other tax identification number and any other information
reasonably required by Ubi. Ubi and/or any sponsor who provides a particular
prize may report the value of the prize to Federal and/or state taxing authorities.
SHOPPING
The shops ("Shops")
on the Sites provide you the opportunity to purchase various Ubi products
and services.
You are responsible for
paying the entire amount due on your purchase, including any applicable taxes,
shipping and other charges assessed by the merchant.
You represent and warrant
that you are at least 18 years of age and that you possess the legal right
to use the Shops in accordance with the stated terms and usage policies. You
hereby agree to supervise usage by, and be responsible for the actions of,
any minors who use your computer and/or registration account to access the
Shops.
ONLINE GAMING ZONE
Ubi reserves the right
to use numeric codes, global unique identifiers (guides), cookies or other
technologies in order to identify specific computers that access the Sites.
This information may be monitored to develop aggregate and anonymous statistics
regarding computer use that may be used for Ubi operations or by third parties.
Computer identification technology may also be used to enforce these Terms
of Use. For more information on this matter, please refer to our Privacy
Policy.
GENERAL TERMS AND CONDITIONS
This agreement is governed
by the laws of the State of
COPYRIGHT AND TRADEMARK
NOTICES
All content of the Sites
are: Copyright © 2001- 2003 Ubi Soft Entertainment and/or its suppliers, Address
625 Third Street, San Francisco, California 94107 U.S.A. All rights reserved.
TRADEMARKS. Ubi Soft Entertainment,
Ubi Soft, ubi.com, Red Storm Entertainment, Blue Byte Software and/or other
products referenced herein are either trademarks or registered trademarks
of Ubi in the U.S. and other countries. The names of actual companies and
products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly
granted herein are reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United
States Code, Section 512(c)(2), notifications of claimed copyright infringement
should be sent to Ubi at the address provided below. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
ubi.com
c/o Ubi Soft Entertainment
YOU ACKNOWLEDGE THAT YOU
AGREE TO THESE RULES AND WILL ABIDE BY THEM.
YOU FURTHER AGREE THAT
THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW
TO USE YOUR ACCOUNT OR
USER ID AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING
TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE
RULES.
YOU AGREE YOU HAVE READ
CAREFULLY AND UNDERSTAND THE TERMS AND
CONDITIONS SET FORTH HEREIN.