EA SPORTS™ ONLINE
MEMBERSHIP AGREEMENT
Welcome to the EA SPORTS™ online service! By registering for this Service and using its features, you have agreed to the terms and conditions in this document and in the EA SPORTS™ Privacy Policy. This document has two parts: the Rules of Conduct and the Terms of Service.
· The Rules of Conduct segment includes important rules about how you are expected to act when you are using the Service. The Rules of Conduct segment also includes a special section that describes the rules you need to observe if you become the Club Manager of a Club within the Service.
· The Terms of Service segment includes important information about how Electronic Arts runs this Service, and the conditions and limitation that you agree to as a user of the Service.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
[Note: In this agreement, we will use the term "Service" to mean the EA SPORTS™ online service, and the term "Account" to mean your account with the EA SPORTS™ online service. Also, Electronic Arts is sometimes referred to as "EA" or "we".]
A. RULES OF CONDUCT
We are in the business of providing interactive entertainment, and we want to make the experience a great one for everybody. So, we do not condone or permit users to ruin the experience of other players by using offensive and/or harassing conduct on the Service.
[Note: The Rules of Conduct in this Section A will sometimes be referred to as the "Rules".]
IF YOU BREAK ANY OF THESE RULES, YOUR ACCOUNT, AND YOUR RIGHT TO USE THE SERVICE, MAY BE TERMINATED IMMEDIATELY. IF THIS HAPPENS, YOU WILL NOT BE ENTITLED TO ANY REFUND OF ANY AMOUNTS PAID BY YOU TO USE THE SERVICE AND YOU WILL FORFEIT ALL OF YOUR UNUSED ACCESS TIME.
THESE RULES WILL BE INTERPRETED AND ENFORCED IN THE REASONABLE JUDGMENT OF THE ELECTRONIC ARTS CUSTOMER SUPPORT TEAM AND THEIR DECISION WILL BE FINAL.
YOU ACKNOWLEDGE THAT EA IS NOT REQUIRED TO PROVIDE YOU NOTICE BEFORE TERMINATING YOUR ACCOUNT, BUT WE MAY CHOOSE TO DO SO.
[Note: For specific Rules governing club managers see the section entitled "Club Managers Rules of Conduct" below.]
The Rules are:
1. You may not intentionally harass, threaten, embarrass, or cause distress, unwanted attention or discomfort to another player.
2. You may not habitually harass other users during a game, or even worse, routinely quit your games before the game is over. Play like you mean it.
3. You may not use any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable language toward any other player. This includes normal spelling and "L33t sp34k", dude. The same language rules apply to both public and private club names and logos. We will not tolerate any club names or logos that promote any racist, sexist, anti-religious, anti-ethnic, homophobic, hate-mongering philosophy, or otherwise inappropriate material. Keep it cool.
4. You may not claim to be or impersonate any Electronic Arts Customer Support representative. You may not falsely claim to be or impersonate, or falsely claim to be associated with, any employee or representative of any sports league, players association, or sports team.
5. You may not advertise any goods or services on the Service. Chain letters and pyramid schemes are not allowed. You may not use any area of the Service or of any Service Web Sites or bulletin boards to collect information, including login names, about Service members. The use of any such member information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Service, or any games or services offered on the Service for any commercial purpose. You're here to play sports, not promote your business (or someone else's).
6. You may not violate any local, state, national or international law or regulation. Discussion of illegal activities such as hacking, phreaking, pirating, and overt promotion of illegal drugs or substances will not be tolerated. Likewise, any discussion of activities that are currently illegal, especially the threat of violence to another user, is strictly prohibited.
7. You may not modify any part of the Service or any Service Web Site that EA does not specifically authorize you to modify.
8. You may not arrange for the exchange or transfer of any pirated software, other copyrighted materials or other contraband while you are on the Service or the Service Web Site or bulletin boards. You may not use the Service or the Service Web Site or bulletin boards for any other illegal purpose.
9. You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We will cooperate with law enforcement in such matters.
10. You may not organize any clubs or groups that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, hate-mongering philosophy or that are based on or espouse any other inappropriate material.
11. You may not use the Service or the Service Web Site or bulletin boards for any activities other than activities that are permitted by EA within the game world.
12. You may not post or communicate any player's real-world personal information within the Service or through any Service Web Site or any Service bulletin board.
13. You may not give false information to Electronic Arts, or intentionally hide any information from Electronic Arts (such as your email address or other required billing information), which is required at the time you register with the Service. It is your responsibility to keep this information up-to-date using the website located at www.easports.com.
14. You will not upload or transmit on the Service, or through any Service Web Site or bulletin board, any copyrighted or trademarked content that you do not own all rights to, unless you have the express written permission of the author or copyright or trademark holder.
15. You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
16. You will not exploit any bug in the Service or in any EA SPORTS™ product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through public posting) to any other user of the Service.
17. You will not attempt to play any EA SPORTS™ game on or through any service that is not controlled or authorized by Electronic Arts. You will not participate in any online service that provides online features or game play for your EA SPORTS™ game that is not authorized by Electronic Arts.
18. You will not create, use or provide any server emulator or other site that provides online play or online features for any EA SPORTS™ product, and you will not post or distribute any utilities, emulators or other software tools that could facilitate online play or online features of any EA SPORTS™ product, without the express written permission of Electronic Arts.
19. You will not do anything that interferes with the ability of other Service users to enjoy playing their EA SPORTS™ games, and using the Service, in accordance with its rules, or that materially increases the expense or difficulty of Electronic Arts in maintaining the Service for the enjoyment of all its users.
20. You will not attempt to 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, using excessive shouting [all caps] in an attempt to disturb other users, or flooding [posting repetitive text]. This is online vandalism, and it ruins the experience for others.
21. You will not attempt to get a password, other account information, or other private information from any other member of the Service.
[Note: EA employees will NEVER ask for your password. Don't give your password, reminder words, or billing information out to anyone online.]
22. You will not attempt to upload files that contain a virus or corrupted data.
23. You will not improperly use the in-game support or complaint buttons or make false reports to EA staff members.
24. You will not allow former members of the Service whose Accounts have been terminated by EA to use your Account.
Special Rules for Club Managers
As the Club Manager of your Club you take on a very responsible role within the EA SPORTS™ online service. With that role comes the obligation to do what you can to ensure that you, your Club members, and other members of the Service receive an enjoyable experience at all times. You are responsible for your conduct and the conduct of your Club members in any of your Club-related services or activities. You must ensure that all of your Club members are adhering to the terms of this Membership Agreement. In addition, you understand that as the Club Manager of a Club, you are also bound by the following additional Rules of Conduct.
The Rules for Club General Managers are:
1. You understand that the conduct of the members of your Club are your responsibility on any Club-related service or page. This includes but is not limited to the Club home page, the members list, message boards, and tournaments.
2. All members of the Service must adhere to the Rules of Conduct listed above. As the Club Manager it is your responsibility to report or ban Club members who you know to be in violation. You, and your Club, could face disciplinary action as the result of one of your Club member's violation of the Rules.
3. You will not upload or transmit on the Service, or through any Service Web Site or bulletin boards, any copyrighted or trademarked content that you do not own all rights to, unless you have the express written permission of the author, copyright holder or trademark owner. This includes Club logos.
4. You may not organize any clubs or groups that are based on, or espouse, any racist, sexist, anti-religious, anti-ethnic, anti-gay, hate-mongering philosophy, or that are based on or espouse any other inappropriate material.
5. You may not abandon your Club. You have a responsibility to your Club members to maintain the Club and regularly update Club news, message boards and member lists. Abandoned Clubs may be subject to disbanding. If you no longer wish to operate an active Club you must transfer your Club Manager responsibility to another member with their approval. Don't leave your members hanging!
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them using the "Customer Support" functions of the Service (e.g., to capture chat and to report abusive users).
Any former member of Service that has had his/her Account permanently closed due to violations of the Rules of Conduct is prohibited from using the Service without written consent from an authorized representative of Electronic Arts.
Electronic Arts does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your EA SPORTS™ game. This includes the exchange of points or EA Elite cards on services including eBay™ or Yahoo!™ Auctions. We don't assume any responsibility for, and won't support, such transactions. ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES! YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR EA SPORTS™ ONLINE 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.
IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, EA MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD.
THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEB SITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT ELECTRONIC ARTS MAY HAVE MADE.
B. TERMS OF SERVICE
[Note: These Terms of Service are sometimes referred to in this document, and on the Service, as our "TOS".]
Membership Basics
Membership allows you to participate in certain games and activities on the Service. This Membership Agreement and any rules or instructions posted on the Service regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and EA regarding your use of the Service. If there is any conflict between the Membership Agreement and any other rules or instructions posted on the Service, EA shall resolve the conflict in its sole discretion. As a member of the Service, you agree to all of the terms and conditions of this Membership Agreement and the EA SPORTS™ Privacy Policy, which are incorporated by reference into this Membership Agreement.
When you accept this Agreement and complete EA's registration process, you create an EA SPORTS™ online service account ("Account") and select a login name and password. Your login name is your online identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service or Rules of Conduct. You may not provide false information during the registration process.
You are solely responsible for all activity on your Account and for the security of your computer system. It is important that you not reveal your password to other users. EA will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. You agree not to reveal your password to other users. You agree to indemnify and hold EA harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your membership is subject to termination if you or anyone using your Account violates any provision of this Membership Agreement. If your Account is terminated, you may not join the Service again without our express permission. You may not sell or charge others for the right to use your Account or the Service.
Charges and Billing
Once your free-trial period has ended, and you have exhausted any promotional offers that you were entitled to, you may use a credit card to pay for your subscription to the Service. Current fees and billing policies are located on the Billing and Subscription area of the EASO Service at www.easports.com. When you provide credit card information to EA, you represent to EA that you are the authorized user of the credit card that is used to pay the subscription fee. Each month that you use the Service, you agree and reaffirm that EA is authorized to charge your credit card for the subscription fee. You agree to promptly notify EA of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify EA if your credit card expires or is canceled for any reason.
YOUR SUBSCRIPTION 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 and EA will provide notice of any such change at least thirty (30) days advance. All changes will be posted to the Billing and Subscription area of the Service and you are responsible for reviewing this area on a continuing basis to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after changes are posted to the Billing and Subscription area of the Service means that you accept such changes. If any change is unacceptable to you, you may cancel your Service membership at any time, but EA will not refund any fees that may have accrued to your Account before cancellation of your membership, and we will not prorate fees. If your use of the Service 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 published in the Billing and Subscription area of the Service. For further information please refer to the Billing and Subscription FAQ.
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.
Appropriate Online Content
By "Content", we mean the software, communications, images, sounds, and all the material and information you see on the Service. EA, our affiliates, our independent content providers and other Service members provide most of the Content on the Service. EA does not pre-screen all Content available on the Service. EA does not assume any responsibility or liability for Content that is provided by Service members or other guests on the Service. EA does not endorse, approve, or prescreen any Content that you or other users communicate on the Service, the Service Web Site or any Service bulletin boards. We reserve the right to remove Content that is objectionable to us or that we find inappropriate for the Service. Neither EA nor its affiliates assume any liability for any failure to remove, or any delay in removing, any Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on our Service.
Service members and other guests may generate Content in chat rooms, message boards, and in chat during games, etc. This kind of Content must reflect our standards, and we may remove it if, in our judgment, it does not meet those standards.
Content standards may vary depending on where you are on the Service, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. However, strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are offensive and always inappropriate Content for the Service. In other cases, there may be "gray areas". EA makes the final determination about whether Content is objectionable or not. This determination is in our sole discretion, and is final.
EA representatives may monitor your communications on the Service, any Service Web Site or bulletin boards. However, because we cannot monitor all of the Content on these sites, and we do not attempt to do so, you might encounter something you don't want to see. You can report it to the game support or complaint e-mail address for the area in which the incident occurred. Your good judgment in making reports, particularly about the opinions of others, is important and appreciated. EA does not endorse or oppose the opinions of any Service member or guest, but we may take issue with the manner in which an opinion is expressed.
[Note: EA customer support personnel will not ask you for your password or account information.]
Your Responsibility for Your Conduct
You agree that you will be personally responsible for your use of the Service and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless Electronic Arts Inc., its subsidiaries, affiliates, employees, officers, and directors from any liability or damages arising from your conduct on the Service, or from any Content that you contribute. This paragraph shall survive termination of this Agreement.
Links to Third-Party Sites
The Service may include hyperlinks to web sites operated by parties other than Electronic Arts Inc., 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.
Connecting to the Service; Public Nature of Communications
When you connect to the Service, we may retrieve information from the computer that you use to log onto the Service about the computer's hardware system and any data related to the computer's operation of your EA SPORTS™ game. We will not collect any personal information about you, however, without your knowledge and consent as stated in the EA SPORTS™ Privacy Policy.
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on the Service and any Service Web Sites and bulletin boards are public and not private communications, and that you have no expectation of privacy concerning your use of the Service. You acknowledge that personal information that you communicate on the Service and on any Service Web Sites or bulletin boards may be seen and used by others and result in unsolicited communications. Therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on the Service or on any Service Web Sites or bulletin boards. EA is not responsible for information that you choose to communicate to other users on the Service or on any Service Web Sites or bulletin boards, or for the actions of other users in response to your communications.
Copyrights and Trademarks; Proprietary Rights.
Much of the Content available on the Service is owned by EA or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but that doesn't make it acceptable or legal. You are not authorized to copy or download any Content from the Service or from any Service Web Sites or bulletin boards unless we have expressly told you otherwise.
You have no right to copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on the Service, unless EA expressly tells you otherwise. Making unauthorized copies of any Content found on the Service can lead to the termination of your Account and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless EA and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Once you post any Content on the Service (or on any Service Web Sites or bulletin boards) or send any Content to EA, you expressly grant EA the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in EA's discretion, and without any notice or compensation to you of any kind.
EA Software
Some games on the Service may require that you download software from EA or its Licensors onto your computer (“EA Software”). EA grants to you a non-exclusive, limited license to use the EA Software in order to use the Service. You may not sub-license, or charge others to use or access the EA Software. You may not use any EA Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from any EA Software. You may not modify any 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 and some features offered by EA may vary depending on your computer and other equipment.
NEITHER EA NOR ITS SUPPLIERS HAS ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE EA SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
EA Software may be subject to United States export controls. By downloading EA Software from EA, you warrant that you are not located in any country, and are not exporting EA Software to any person or place, to which the United States has embargoed goods.
Limitations On Warranty And Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, EA SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, EA SOFTWARE, EA PRODUCTS, 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 THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT EA WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EA OR ITS LICENSOR IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT EA, ITS SUBSIDIARIES, 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 THE SERVICE OR ANY SERVICE WEB SITES OR BULLETIN BOARDS, OR USE OF ANY EA SOFTWARE. IN NO CASE SHALL EA’S OR ITS SUBSIDIARIES’, LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “EA AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EA FOR THE SERVICE. IN NO CASE SHALL EA OR EA AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH THE SERVICE. 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 THE SERVICE 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.
Indemnification
Upon request by EA, you agree to defend, indemnify and hold harmless EA and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of this Membership Agreement for which you or someone using your Account are responsible. 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 paragraph shall survive termination of this Agreement.
Updates And Modifications
EA may update or revise this Membership Agreement at any time. By becoming a member of the Service, you agree that EA may change the terms of this Membership Agreement. If we revise the Membership Agreement, such revision shall be effective thirty (30) days after posting the revised Membership Agreement on the Service. You agree to review the Membership Agreement periodically to become aware of such revisions. You can view the Membership Agreement at any time by clicking on the Membership Agreement link in the "About" area of the Service. Your continued use of the Service thirty (30) days after a revised Membership Agreement is posted on the Service will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Membership Agreement, your only remedy is to cancel your Account.
Termination
Either you or EA has the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with EA. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Membership Agreement or EA's enforcement or application of this Agreement; (2) any policy or practice of EA, including the EA SPORTS™ Privacy Policy, or EA's enforcement or application of these policies; (3) the Content available through the Service or any change in Content provided through the Service; (4) your ability to access and/or use the Service; 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.
You can cancel your Account by delivering notice to EA's Customer Service Department as specified in the Billing and Subscription area of the Service. EA reserves the right to collect fees, surcharges or costs incurred before you cancel your Account. 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 is terminated or canceled, no refund, including any subscription fees, 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. Any delinquent or unpaid Accounts or Accounts with unresolved issues with EA must be settled before EA will allow you to register again.
Other Terms
You agree that this Membership Agreement is not intended to confer and does not confer any rights or remedies upon any person other than to you, EA and EA's subsidiaries, affiliates, employees, contractors, officers, directors, vendors, and content providers. You also understand and agree that the EA SPORTS™ Privacy Policy, including EA's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your membership in the Service. As noted above, your conduct while using the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with EA or relating in any way to your use of the Service resides in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving EA or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors or content providers.
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 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 the Service or any Service Web Sites or bulletin boards any data or software that cannot be exported (including, but not limited to, certain types of encryption software) without prior written government authorization.
The assurances and commitments in this "Other Terms" section shall survive termination of this Agreement.
© 2003 Electronic Arts Inc. All rights reserved. This product contains Macromedia Shockwave™ Player and Macromedia Flash™ Player software by Macromedia, Inc. Copyright © 1995-2003 Macromedia, Inc. All rights reserved. Macromedia, Shockwave, and Flash are trademarks of Macromedia, Inc. All other trademarks are the property of their respective owners.