{"service":{"name":"Ubisoft","url":"https://legal.ubi.com/termsofuse/en-INTL","lang":"ENG","sector":"Games","hq":"France","hq_category":"EU","is_public":"Public","is_paid":"Optionally paid","date":"12.05.2020"},"document":{"title":"","text":"TERMS OF USE OF THE UBISOFT SERVICES\n \n \n“WE ALL PLAY BY THE SAME RULES”\n \nWELCOME TO THE UBISOFT WORLDS!\nPLEASE READ THESE TERMS OF USE CAREFULLY.\n \nUbisoft teams create authentic and memorable experiences for our players to have fun, share and blossom through games,\napplications, web sites and online services (what we call our « Services »). To let you enjoy our Services, we crafted rules that apply\nto everything and everyone in our communities: you, other players and ourselves. You agree to this “Terms of Use” by using the\nServices and Content defined below.\n \n1           What are the Ubisoft Services and Content? \n1.1        The Ubisoft Services (“Services”) include the games, downloadable contents, season passes, and other game software\n(contained on disc or other physical medium or downloaded or streamed), and other software products and online and mobile\nservices, including their online functions and other features, together with any of their update and upgrade, the related websites, the\nUplay platform and any other Ubisoft platform, the Uplay+ subscription service, the live events hosted, the servers, software and the\nframework through which they are provided to you, currently or in the future, by UBISOFT ENTERTAINMENT S.A., or any one of its\nsubsidiaries or affiliated companies, including UBISOFT EMEA SAS and UBISOFT LTD. (collectively “Ubisoft” or “we”).\n1.2        These terms of use (the “Terms”) govern your access to and use of such Services (\"user\" or \"you\"). By using the Services\nand Content (defined below), you accept and agree to comply with these Terms and any particular age and territorial criteria.\nAdditional terms may be applicable to a specific Service, including for example the Terms of Sale of the Ubisoft Store, the End User \nLicense Agreement and code(s) of conduct (“Code of Conduct”). In addition, our Privacy Policy will give you a clear understanding\nof our use of the personal data we may collect from you during your use of the Services. Please make sure to read all these\ndocuments before accessing a Service.\n« Content » means any elements which are part of the Services, including but not limited to in-game items, customization elements,\nmaps, avatars, all gameplay, graphics, music and sounds, text, all messages or items of information, names, themes, objects,\nscenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual\neffects, domain names. This includes elements created by you and other users, called User Generated Content (defined in Article\n11); Ubisoft Virtual Currency (defined in Article 3.3) and Test Content (defined in Article 12).\n1.3        The Services and Content are licensed to you, not sold. This means we grant you a personal, limited, non-transferable and\nrevocable right and license to use the Services and access the Content, for your entertainment, non-commercial use, subject to your\ncompliance with these Terms. \n \n2           How to create an Account and what do you need to know when creating\nan Account? \n2.1        You may need to create a Ubisoft account (an “Account”) to access and use certain Services, including to play online. You\ncan create one by supplying accurate, complete and up-to-date information, including a valid email address.\nWe may need to check the accuracy of these information, including by checking telephone numbers and e-mail address, notably to\nprotect minors, other users and prevent risks of fraud. You agree to send the necessary documents (which may include a copy of\nyour identity card or passport) by any means upon our request.\nIf You need information or have any question regarding Your Account, please\nvisit https://support.ubi.com/Account or https://account.ubisoft.com.\nLAST REVISED: MAY 12TH, 2020\nThis Article gives a clear definition of the Services and lists the documents you should read before accessing them.\nThis Article details the steps and safety rules applicable when creating a Ubisoft Account, and selecting a username and/or avatar\nto access our Services.\n\n2.2        Account Safety. Any use of your Account with your password, in particular any purchase of Services, will be deemed to be\ncarried out by you.\nTo ensure your Account safety:\na)     Choose a strong alphanumeric password. For security reasons, we may refuse any password that isn’t strong\nenough to protect your Account.\nb)     Choose a password that is different from any other password you use; and change it on a regular basis.\nc)     Activate the 2-Step Verification and any other safety options we may provide in your Account settings.\nd)     Never share your Account details (username, password…) with anyone. We will never ask you to reveal your\npassword. \ne)     Never authorize anyone to access and/or use your Account.\n2.3        You agree to inform us as quickly as possible at https://support.ubi.com of any unauthorised use of your username,\npassword or other information of your Account and of any security violation involving the Services which comes to your attention.\n2.4        Username/Avatar creation. You may need to create a username and/or avatar to access and use certain Services. They\nwill be linked to your Account and publicly displayed. We therefore advise you not to include your real name in your username.\nYou cannot choose a username or an avatar which (i) is already used by another user or associated with another Account or (ii)\ncontains “Ubi” or “Ubisoft” or the Ubisoft logo. We reserve the right, at our sole discretion, to refuse any username and/or avatar you\nhave chosen.\n2.5        Multiple Accounts. You must not create multiple accounts, except if we specifically allow it. In such case, you acknowledge\nthat you will close your additional Account upon our request, or that we may terminate your additional Account.\n \n3           What conditions apply to your use of our Services? \n3.1        Forums. The Services may contain forums, information groups, chats or other types of online discussion areas (collectively\nknown as “Forums”). When you use the Forums, you should be aware that your avatar, username and your messages will be\npublic and viewable by any user who visits the Forums (unless you are in a private Forum). You send your messages at your own\nrisk. You have sole responsibility for their submission, publication and dissemination.\nKeep these security measures in mind when communicating with other users in the Forums:\nNever share information that can be used to identify you in real life.\nNever accept requests to meet in real life someone you have chatted with, especially if this person asks you to keep your\nconversations or the meeting a secret, and reject any invitation to join apps or channels outside the Services. \nReport any behaviour or content you find suspicious or inappropriate, including chats you had with another user that made\nyou uncomfortable.\nMake sure to talk to someone from your close circle   and use the blacklist feature, when available in a Service, to make sure\nyou don’t receive unwanted messages.\n3.2        Ubisoft Store. We enable you to purchase products via our online store accessible at https://store.ubi.com/ or through\nUplay. We may limit your ability to purchase products based on multiple criteria including, but not limited to, your age, limited\nquantities of products available, etc. We may offer periodical promotions for which separate terms apply.\n3.3        Credits, virtual currency. We may license to you access or use of online or off-line elements of Services, including without\nlimitation virtual points, coins or currencies (collectively \"Ubisoft Virtual Currency\"). When you obtain Ubisoft Virtual Currency from\nus or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and\nselect the Ubisoft Virtual Currency that we expressly make available to you.\nUbisoft Virtual Currency has no monetary value and has no value outside of our Services. Ubisoft Virtual Currency cannot be sold,\ntraded, transferred, or exchanged for cash; it only may be redeemed for Content available on the Services. Ubisoft Virtual Currency\nis non-refundable, and you are not entitled to a refund for any unused Ubisoft Virtual Currency, except if required by law. Once you\nredeem Ubisoft Virtual Currency for Content, that Content is not returnable, exchangeable, or refundable.\n3.4        Wallet. We may make available to you on your Account an electronic wallet (the “Wallet”). Such Wallet is not a bank\naccount nor a payment instrument and funds you may place on it:\ndo not constitute a personal property right,\ncan only be used to purchase Content and Services from us,\nhave no value outside of the Services and cannot be exchangeable for cash, and\n are, unless required by law, non-refundable and non-transferable.\nWe may limit the maximum amount of funds:\nyou may have on your Wallet;\nyou may add per day/month on such Wallet; and/or\nyou may spend using your Wallet.\nWe may update such limits from time to time, at our discretion.\nThis Article highlights the specific conditions applicable to certain Services & Content (e.g. Forums, Virtual Currency) and certain\nmeans of accessing our Services (including mobile).\n\n3.5        Prepaid Cards. We may enable you to purchase and/or redeem prepaid cards to purchase Content and/or Services and/or\nfund a Wallet. You may not be able to fund a Wallet by applying the value of a given prepaid card if your Wallet already reached the\nlimits mentioned in Article 3.4.\n3.6        Technical Protective Measures – Internet connection – Digital Rights Management. We may protect certain Services\nby using technical protection measures and digital rights management, including for example, physical protection, watermarking,\ndigital keys activation, direct entitlement. You may need a permanent high-speed internet connection to access online functions, play\nonline and access and use some Content, including Content which may be unlocked once only with a unique key and certain\nServices incorporating Digital Rights Management technology.\n3.7        Mobile Services. You may access certain Services via certain mobile phones, smartphones, tablets and other compatible\nmobile terminals. To do so, you must have the permission of the person who pays the bill for the mobile terminal, and be provided\nwith Internet access via such mobile terminal. Use of your mobile terminal may lead to connection costs for which we are not\nresponsible. Certain Mobile Services offer you in-game purchases and micro-transactions. Your comfort may vary depending on the\ncapacities and functions of your mobile terminal and the communications network. We cannot guarantee a comfort equal to that\nexperienced when connecting to the Services via other devices.\n \n4           How can we modify our Services? \n4.1        General. We do not guarantee that the Services will be available at all times, in all locations worldwide, and/or on all\ndevices. We do not guarantee that we will continue to offer any Service for any minimum period of time. We reserve the right to\nterminate all or part of the Services at any time.\n4.2        Modification of Services price. We reserve the right to modify the prices of the Services, including from a paid Service to\na free-to-play one and vice versa. The new price applies only to orders placed after it has come into effect.\n4.3        Modification of access to Services and Content.\na)     We may modify the Content for any reason, at any time, in particular for technical reasons such as updates, maintenance\noperations or resets to improve or optimize the Services.\nb)     We may ask or enable you to download software, updates, patches and/or other utilities and tools supplied by us or our\nlicensors (the \"Ubisoft Software\").   We grant you a personal, non-transferable and non-exclusive license enabling you to use\nUbisoft Software solely for the purposes of use of the Services, throughout the world and for the legal period of protection of the\nUbisoft Software under Intellectual Property Rights. We may specify terms of use for this Ubisoft Software at the time at which it is\nmade available to you. The performances of the Ubisoft Software and Services may vary depending on your equipment. We may\nfrom time to time supply you with updates or modifications of the Ubisoft Software that may be necessary for you to continue to use\nthe Services.\nc)     Such modifications may affect the Services and/or your acquired rights or result in setbacks in the game environment.\nd)     We may also:\nset a maximum number of days for which a Content will be stored as part of the Services;\nset a maximum volume of messages which can be sent or received by an Account;\nset a maximum memory capacity which will be allocated by our servers for your Account;\nset a maximum number of times you may access the Services, together with a maximum duration for each access during a\ngiven period.\n \n5           What are our rules to sustain a friendly, safe and fair gaming environment and\ncommunity? \n5.1        We want to offer you and other users a welcoming, safe and respectful gaming environment, both during gameplay and at\nany time in our Services. This is particularly important for us, as we have users of different ages within our Services, including\nminors. For you and other users to feel part of such a friendly, safe and fair community, you must follow these rules (the “Rules of\nConduct”).\n5.2        You may only use the Services for lawful purposes and for their anticipated use. You may not use the Services in any way\nthat breaches any applicable law or regulation.\n5.3        Here is a non-exhaustive list of forbidden behaviours that may lead to investigation by our staff and may result in\nsanctions (as detailed in Article 6):\n1.     Create an Account with false registration information (email address, birth date, etc.).\n2.     Create, use inappropriate username or avatar. This includes for example the use of names, images:\n·       containing profanity, sexual references or hate speech language, condoning terrorism, fascism, child abuse; or\nThis Article indicates under which circumstances we may modify our Services and Content, including their price.\nThis Article details the rules of conduct your must follow and the behaviours which are forbidden, in order to keep a friendly, safe\nand fair gaming environment and community.\n\n·       that are in any way religious, political or prone to creating controversy or division.\n3.     Impersonate any user or our representatives. This includes for example :\n·       create an Account with close similarity to another existing Account or user, with perceived intentions to\nimpersonate such other user without his/her consent;\n·       make comments or create an Account causing other users to believe they come from Our representative or\nfrom someone having similar authority.\n4.     Abuse, harass, bully users and/or our representatives (i.e. our employees, members of our community (moderators,\nstar players, etc.)) via any forms of communications, (including for example, via tools to create Content, via Forums, in-game\nchat or over  voice chat and communication), on any medium in the Services and/or on any third-party sites.\nThis includes for example:\n·       Trolling (posting intentionally controversial or off-topic posts with the intention of provoking others),\n·       Flaming (constantly insulting others),\n·       Spamming (posting nonsensical or off-topic posts or the same or similar messages over and over again),\n·       Using language or content deemed inappropriate, illegal, dangerous, threatening, abusive, offensive, obscene,\nsexually explicit, vulgar, defamatory, privacy-invasive, hateful, racist, sexist, homophobic, transphobic, ethically\noffensive or constituting harassment.\n5.     Minors endangerment, and all inappropriate actions toward a minor, including :\n·       grooming (encouraging users to commit inappropriate or illegal acts in and/or  outside a Service);\n·       any comment, private message, UGC relating to inappropriate behavior toward minors, including for example\nphysical or sexual abuse, pornography or any other disrespectful content;\n·       any other actions or comments listed in these Rules of Conduct that are directed to, or are about, minors.\n6.     Use any means not expressly permitted by us to collect or intercept data of other users within the framework of the\nServices. This includes for example:\n·       phishing (attempting to obtain users’ personal information, information concerning an Account or other\ninformation of a private nature from any user);\n·       doxing (revealing or otherwise reproducing or supplying to anyone another user’s personal information);\n·       online sniffing (theft or interception of data by capturing network traffic).\n7.     Use any element infringing our or anyone’s Intellectual Property Rights or other rights.\n8.     Leak of information, i.e. create, use, share and/or publish by any means, in and/or outside the Services, any content\nwhich would breach a duty of confidentiality, infringe an individual’s right to privacy or incite the committing of an unlawful act\n(e.g. piracy, cracking or circulation of counterfeit software).\n9.     Sell, rent, market, arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute,\ndisseminate, repost, transfer, index, copy, extract and/or automate any information, software, product or other element of the\nContent and/or Services by any means without our express prior permission.\n10.  Modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the\nServices, or their accessibility to other users, or the functioning of the partner networks of the Services, or attempt to do any\nof the above.\nThis includes for example performing Distributed denial-of-service (DDoS) attacks.\n11.  Transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or\ncorrupted data, and/or organise, participate in or be involved in any way in an attack on our servers and/or Services and/or\nthose of our service providers and/or partners.\n12.  Use or circulation of “auto” or “macro” computer programs including, without limitation, any use and/or circulation of\nany cheat, hack, bot, script, trainers programs or software applications.\n13.  Use or circulation of the Services via a mirror site.\n14.  Any other kind of tampering that gives a user (and/or teammate(s)) an unfair advantage (e.g. wallhacks, aimhacks) or\ncauses detriment to other users’ experience.\n15.  Exploit another broadcaster's live broadcast in order to gain an unfair advantage or harass a broadcaster in-game, such\nas stream sniping.\n16.  Any conduct which interrupts the general flow of gameplay in the game itself, any Forum or any Service, including,\nbut not limited to:\n- spamming,\n- “away from keyboard” (AFK),\n- farming,\n- advertising or soliciting other products,\n\n- in-game harassment and bad sportsmanship, including but not limited to team killing, rage quitting, blocking\nplayers’ interactions and/or any other in-game behaviour meant to disrupt or interrupt the general flow of gameplay.\n17.  Exploitation of any glitches or bugs which provide an unfair advantage over other users or which threaten the general\nbalance or the economy of the Service.\n18.  Benefit from the help of other users or offer help to other users to obtain an unfair advantage. This includes for\nexample:\n·       teaming-up with cheating users;\n·       teaming-up with experienced users to increase your user level/statistics in areas of a game normally reserved to\nnewcomers;\n·       creating an alternative Account in order to team-up with newcomers or less experienced users in order to\nunfairly help them increase their level/statistics.\n19.  Purchase and/or otherwise exploit and/or promote unauthorized third-party benefits, such as “Match Making Ratio\nboosting services”.\n20.  Access or aim to access parts of the Services not authorised by us;\n21.  Create, supply, use alternative methods of using Services, e.g. via server emulators;\n22.  Repost any previously moderated content on the Forums or other Services.\n23.  Voice Communication Blocking, purposely using sound to disrupt voice chat for others.\n24.  Bypassing regional restrictions of a Service with the help of proxy, VPN or other tools.\n25.  Making inappropriate use of the “help” service or the claim/report buttons or send untruthful reports to members of our\npersonnel, including customer support.\n26.  Fraud, reversal of credit card charges or \"chargeback\" resulting in debt. A chargeback can include credit card theft,\nidentity theft, or non-approved use by family or friends.\n27.  Scam, try to fraud or mislead others to gain goods or money.\n28.  Buy, sell, rent out, share, lend, trade or in any other way transfer your Account and/or the means of accessing it\nand/or in any way allow an outside party to benefit from it, either within the Services or on a third party website.\n29.  Refuse to obey the instructions of our representative.\n \n6           What sanctions can we apply to prevent and fight forbidden behaviors? \nWe may apply sanctions, in the event of violation of the Terms and/or of a Code of Conduct. The sanctions are decided on a case-\nby-case basis, based on multiple criteria, including but not limited to, the seriousness of the violation, the number of violations, and\nthe impact of the violations on the Services, on other users and/or on our representatives.\nHere is a non-exhaustive list of sanctions we may apply:\n1.     Issuance of a warning,\n2.     Disability of any username, avatar or password,\n3.     Reset of your in-game progress to a previous state,\n4.     Decrease of your Account level or of your level/points associated to a given Service,\n5.     Remove your Access from particular features (including chats) on one or several Services,\n6.     Issuance of a temporary ban of your Account from one or several Services,\n7.     Issuance of a long-term ban of your Account from one or several Services,\n8.     Prevention from accessing a specific or several Services on a particular device, and/or\n9.     Suspension or closing of your Account and/or your ability to use one or more Services, or part of the Services, as\nfurther described in Article 8.2.\nWe may use our own and/or third-party anti-cheat solutions to detect non-authorized behaviours and/or apply corresponding\nsanctions.\nWe may restrict your access to all or part of the Services should we suspect that you engage in unlawful behaviors inside or outside\nthe Services, in order to keep a friendly, safe and fair environment for our users.\nIn addition, we reserve the right to take legal action on grounds of civil or criminal responsibility in order to stop a breach of your\nlegal or contractual obligations and obtain compensation for our losses. In particular, we reserve the right to prosecute any user who\nhas deliberately damaged or attempted to damage the Services or disrupted the legitimate functioning of the Services or provided\nassistance for so doing.\nThis Article lists some of the disciplinary and legal actions we may take to fight behaviours that are harmful to the gaming\nenvironment and community.\n\n \n7           How can you report forbidden behaviors and content? \n7.1        Report Content in violation of these Terms.\nIf you consider that any Content made available on the Services does not comply with these Terms, you may report this to us by\nusing the \"Report\" option, when available in the Service, or by contacting our customer support at https://support.ubi.com.\nTo assist us in quickly responding to your report, please include as much as possible:\nThe date of your report;\nYour surname, first name, address, and email address;\nThe identification and description of the Content which is, in your opinion, contrary to these Terms, indicating its precise\nlocation;\nAn indication of the reasons why you believe that this Content does not comply with these Terms and should be removed\nfrom the Services, citing the Article of these Terms along with proof where possible;\nA declaration specifying that you believe that all the information in the report is correct.\n7.2        Report Content in violation of Intellectual Property Rights.\nWe respect the Intellectual Property Rights of others and expect users to do the same. If you consider that any Content made\navailable on the Services is violating your Intellectual Property Rights, you may report this to us by sending an e-mail to Copyright-\ninfringement@ubisoft.com, indicating the information listed below:\nThe information requested in Article 7.1;\nEvidence that you are authorized to act on behalf of the owner of the right(s) alleged to be infringed or if you are acting on\nbehalf of your company, the type of the company, its name, its registered office and your function within the company;\nA clear identification of the work protected by your Intellectual Property Right(s) that you allege is infringed, as well as any\nelement demonstrating the existence of your right(s);\nWhen applicable, information regarding any registrations of these rights or applications to register these rights, including the\ncountries where registered or applied for, validity period and application or registration numbers;\nCopy of the correspondence sent to the author of the disputed Content requesting its withdrawal or modification, or a\njustification that the author could not be contacted.\n7.3        Our response to your report.\nAfter receipt of a report, we reserve the right to act as we deem appropriate. We notably reserve the right to delete and/or deactivate\nthe Content reported and to ask you and other users to cease using such Content.\nIf we delete or deactivate any Content that you have published in violation of these Terms and/or of third parties’ Intellectual\nProperty Rights, We reserve the right to apply sanctions as listed in Article 6.\nYour acknowledge that knowingly wrongly making a false report of a Content in order to obtain its removal or to stop its\ndissemination on our Services is punishable by law.\n \n8           Can your Account be terminated?  \nYES. Both at your intiative and ours.\n8.1        Termination of your Account at your initiative.\nYou may terminate your Account at any time by filling the form at: https://support.ubi.com or close your Account\nat: https://account.ubisoft.com, using the “Account Information” tab, especially in the case where you do not accept these Terms or\nan updated version of them.\n8.2        Termination of the Account or access to Service(s) at our initiative.\nWe may suspend or close your Account and your ability to use one or more Services or part of the Services, at any time,\nautomatically and at our sole discretion where:\nwe have formally requested that you provide us with proof of your identity or to cease an action, behaviour, or breach of\nthese Terms;\nwe have reasonable grounds to believe that you have violated these Terms (including the Rules of Conduct) or any specific\nterms and conditions relating to any Service;\nfor any other reason in relation to your actions in or outside of the Services;\nupon notification, where your Account has been inactive for more than six months.\nShould you have more than one Account, we reserve the right to suspend or close all of your Accounts once one has been\nsuspended or closed by us under this process.\n8.3        Consequences of the Termination/Suspension of an Account.\nThis Article gives you the information necessary and the process to be followed if you want to report a Content which, in your\nopinion, violates these Terms and/or the intellectual property right of a third party.\nThis Article explains how your Account may be terminated by you or by us, and the consequences of such termination.\n\nYou cannot use the Services and Content anymore.\nYou will lose, and we may delete, your profile and the related information you have passed on to us, together with any\nContent you may have published, uploaded, made available on the Services, notably your username, avatar(s), and UGC. \nWe reserve the right to store personal data relating to your profile for a reasonable period of time, as detailed in our Privacy \nPolicy.\nWe may not allow you to create an Account again without our express permission, at our discretion, through\nasking https://support.ubi.com.\nIn the event of termination of your Account, you will no longer have access to your Account and you will lose all your save\nfiles and in-game progression related to the Services.\nIn the event of termination of your Account or of Service(s) associated with your Account, no credit (such as for unused\nServices, unused subscription period, unused points or Ubisoft Virtual Currency) will be credited to you or converted into\ncash or any other form of reimbursement.\n \n9           What about access to our Services by minors? \n9.1        If you are a minor in your country of residence, you should read these Terms with the help of your parent or guardian.\n9.2        If you are a parent or guardian, we recommend that you monitor your children’s gaming activities, in particular online and\nthat you familiarize yourself with the parental controls that may be made available by us and/or our partners. We encourage you to\nvisit our “parents corner”, a page we have developed in collaboration with experts, players and parents, available\nat https://ubisoft.com/en-us/company/parents.aspx, to answer some of the frequently asked questions we receive and provide tips\nand guidance.\n9.3        We may restrict access to certain Services on age grounds, and for minors under a certain age, we may allow you to\nregister for certain Services only with consent from your parent or guardian.\n9.4        As far as is permitted by law, we accept no responsibility regarding any activities which may be conducted by minors without\nthe permission of their parents or legal guardians. In all cases, all use of the Services by minors is the responsibility of their parents\nor legal guardians. If you are a parent or legal guardian and you give your permission for your child to register for the Services, you\nthereby agree to the Terms relating to use of the Services by your child.\n \n10        What Intellectual Property Rights are attached to our Services & Content? \n10.1     The Services and Content are protected by national and international laws and treaties. Except as expressly set out in these\nTerms, we, and our licensees and licensors, reserve our respective Intellectual Property Rights (defined below) in the Services and\nthe Content. Any reproduction or representation of these elements in any way and for any reason is prohibited without our prior\npermission.\n\"Intellectual Property Rights\" are patents, rights to inventions, copyright and related rights, trademarks, trade names,\nneighbouring rights, right of publicity, commercial secrets, domain names, rights in get-up, rights in goodwill or to sue for passing off,\nunfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in\nconfidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether\nregistered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent\nrights or forms of protection in any part of the world.\n10.2     You may submit reviews, comments, suggestions, proposals, materials or other feedback (“Submissions”) on or outside the\nServices. We appreciate your enthusiasm but you acknowledge that we have no obligation concerning unsolicited Submissions,\nincluding but not limited to, no obligation to accept, consider, review or return any materials or acknowledge receipt of any\nSubmissions. You agree that products, services or features developed or published by us might appear to be similar or identical to\nsuch unsolicited Submissions. \n \n11        What are the conditions applicable to the Content you may create / upload on\nour Services? \nIn certain Services, you may create, upload, edit, modify, adapt, publish and/or submit names, images, designs, skins, photos,\nvideos, maps, music compositions/sheets, streams, activities and other materials (\"User Generated Content” or “UGC”). You\nwarrant that your UGC will comply with these Terms at all times, during and after its creation, and with any additional terms that may\nbe applicable. This section will continue to apply after any termination of your Account and/or termination or suspension of a\nService.\n11.1     UGC that you produce from pre-existing Ubisoft Content (“Derived UGC”).\nThis Article indicates how minors may create an Account and access our Services, with the help of their parents/ legal guardians.\nThis Article informs you of the rights attached to our Services, Content and of our Submissions policy.\nThis Article explains the different types of content you may create, publish and share on our Services, and the related rights you\ngrant to us and to other users on such Content.\n\na)     We are the sole owner of all Intellectual Property Rights relating to Derived UGC.\nb)     You hereby irrevocably assign to us, with full title guarantee, free of charge, all Intellectual Property Rights and rights of use\nyou may have over Derived UGC, on a worldwide basis and for the period of protection of each right.\nc)     We may file or register any application for Intellectual Property Rights relating to Derived UGC in our name, in all countries in\nthe world.\nIn this respect, you must:\nsign and supply any document in particular, deed of transfer, requested by us for all registration purposes ; and\nprovide all necessary assistance to us, at our expense, in any related action or procedure.\nd)     In the event that a competent court rules that some or all of your rights in Derived UGC cannot be validly transferred to us, you\nhereby grant us a perpetual, royalty-free, exclusive, irrevocable, transferable, sublicensable to other users, worldwide licence to use,\ncopy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and, in general, otherwise exploit,\nonline and offline, Derived UGC for any purpose, without you necessarily being mentioned as the source of such Derived UGC.\ne)     You cannot use the Derived UGC other than under the Terms. We hereby grant you a non-exclusive and non-transferable\npersonal licence, revocable at all times, to use Derived UGC you have produced throughout the world and for the duration of your\nuse of the Services, solely in order to:\nrecord it on your console, computer, mobile terminal or any medium you use to access the Services,\nload it on the Services, and,\nshare it with other users on the Services.\n11.2     UGC featuring your image. If your UGC reproduces your image, you acknowledge that we have a right to use your image\nas part of the Services throughout the world and for the whole duration of the Services. If your UGC features the image of any\nperson other than yourself, you warrant that you have received the permission of such person for the use of his/her image by us,\nand you indemnify us for any losses which we may incur in the event of a complaint, action or claim by such other person\nconcerning the use by us of his/her image, derived from your UGC.\n11.3     UGC you create independently from pre-existing Ubisoft Content (“Independent UGC”). You hereby grant us, and our\nlicensees, distributors, partners, agents, representatives a perpetual, royalty-free, non-exclusive, irrevocable, transferable (in whole\nor part) worldwide licence to use, copy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and,\nin general, otherwise exploit, online and offline, Independent UGC (including all Intellectual Property Rights therein) in whole or in\npart, for any purpose.\n11.4     In all cases for both Derived UGC and Independent UGC.\na)     Unless otherwise specifically authorized by us, the ability to create UGC is part of the Service we offer and does not entitle you\nto any payment or any other kind of monetization/benefits (e.g. Ubisoft Virtual Currency, in-game items, etc.), including when the\nUGC is made available to other users;\nb)     You warrant to us that your UGC:\ndoes not infringe the Intellectual Property Rights or other rights of any third party,\ndoes not constitute an act of unfair competition; and\ndoes not require that we obtain further licenses from or pay royalties or compensation to or provide any attribution to any\nthird parties;\nc)     You warrant that you are personally responsible for the UGC you create, use and/or publish while using the Services and that\nthe indemnification provisions of Article 15.2 will apply to your UGC;\nd)     Unless and until we remove your UGC, it may be associated with your username and will be made available to users; and\ne)     To the extent permissible under applicable law, you waive your moral rights in all your UGC and any broadly equivalent rights\nyou may have in any territory of the world, and you vouch for the obtaining of the same agreement from any other person who might\ninvoke moral rights over your UGC.\n \n12        Can you take part in our tests? \nYES. We may propose that you test the Services or Contents not yet commercially released (for example during alpha and beta\nphases, playtests, etc.), in order to identify bugs and errors and/or help improve their functioning (“Beta Tests”). If you are eligible\nand agree to take part in a Beta Test:\na)     You will first sign and return to us a confidentiality agreement and any other document that we deem appropriate.\nb)     You recognize that the beta version of the Contents and Services (“Test Contents”) belong to us and are highly confidential.\nc)     We may ask you for your reactions and suggestions. All such reactions and suggestions communicated to us in the course of\nthe Beta Tests will be our exclusive property.\nd)     Test Contents are supplied to you “as is” and “according to availability” without any explicit or implicit guarantee of any kind.\nYou understand that you use the Test Contents at your own risk, that they may include bugs and that your progression and data\nassociated to the Beta Test may be erased at any time.\nThis Article describes the general conditions applicable to your participation in our tests (including alphas, betas and playtests).\n\ne)     You agree that any violation of your obligations for Beta Tests would cause us irreparable damage and that we would be\nentitled to take any action to prevent any breach or risk of a breach of your obligations or to obtain compensation for the damage\nincurred, without prejudice to the right to terminate your Account.\n \n13        Do we monitor our Services? \nWe are not responsible for and do not endorse the opinions, advice and/or recommendations displayed or sent by users on the\nServices, including in any public Forum. Such communications are the sole responsibility of the concerned users.\nSubject to the applicable legal requirements, we do not undertake to monitor the Content, UGC, messages and other information\nmade available on the Services by users. We may, though are not required to, oversee, monitor or moderate our Services,\nparticularly on website home pages and Forums. In any event, we do not warrant the validity, originality, accuracy or usefulness of\nany Content, message and/or UGC.\n \n14        Can you access our Services via third parties and third party content via our\nServices? \nYES. You may access certain Services via the services/platforms offered by third parties (i.e. console manufacturers, streaming\nservices, etc.). The terms of these third parties will govern your behavior when you access the Services through their\nservices/platforms and, in the event of a conflict with these Terms, the terms applicable to the services/platforms offered by these\nthird parties take precedence.\nWe may also display certain third party products, services and/or content by inserting, in our Services, promotional links, advertising\nbanners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of\nour choice.\nIn both cases, we may not be held responsible for such third party services, products and/or content.\n \n15        In case of dispute, what conditions apply to liability, indemnity and\ncompensation? \n15.1     Limitation & Exclusion of Liability.\na)     You expressly acknowledge that your use of the Services and Content is at your own risk.\nb)     The Services are supplied “as is”, without any guarantees, conditions, warranties or other terms as to:\ntheir suitability for a particular use;\ntheir market value;\nthe absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful elements\nwill be corrected; and/or\nyour satisfaction.\nc)     We hereby expressly exclude:\nall conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and\nany liability for loss or damage suffered in connection with your use of the Services or any related third party service.\nThis includes all losses of any kind (direct, accidental, incidental, consequential and/or indirect), whether in tort (including for\nnegligence or breach of statutory duty), contract and/or misrepresentation (whether innocent or negligent).\nNothing above prevents claims for damage to your tangible property.\nd)     Your sole remedy in the event of a dispute with us is to:\nif applicable, seek damages for your losses; and\ncease to use the Services and terminate your Account.\ne)     When we acknowledge that a Content you purchased is unusable due to our fault, our liability will be limited to providing you\nwith a Content of an equivalent value, chosen by us.\nThis Article explains how we may, but do not always, monitor our Services, in particular the opinions and comments expressed by\nusers in the Forums or through UGC.\nThis Article deals with the access to our Services via a third party platform (consoles, streaming services, etc.) and with how we\nmay display to You third party content through ads on our Services.\nThis Article describes the limitations and exclusions that apply to our liability, and conditions under which we may indemnify You, or\nYou may have to indemnify us.\n\nf)      Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent\nmisrepresentation, nor any other liability which cannot be excluded or limited under applicable law.\n \nIF YOU ARE AN AUSTRALIAN CONSUMER:\n15.1 Limitation & Exclusion of Liability.\na) You expressly acknowledge that use of the Services and games is at your own risk.\nb) Nothing in these Terms restricts, excludes or modifies, or purports to restrict, exclude or modify and statutory consumer rights\nunder any applicable law including the Australian Competition and Consumer Act 2010 (Cth). To the extent permitted by law, the\nServices are supplied \"as is\", without any conditions, warranties or other terms as to:\n     their market value;\n     the absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful\nelements will be corrected; and/or\n     your satisfaction.\nc) In particular, We do not exhaustively check Content, in particular UGC, or the words that you or other users publish via the\nServices, including without limitation on the Forums, or your actions within the framework of the Services.\nd) To the extent permitted by law, and subject to the terms of this Article, we hereby expressly exclude:\n     all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;\nand\n     any liability for loss or damage suffered in connection with the use of the Services or any related third party service. This\nincludes:\nall losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract,\nmisrepresentation (whether innocent or negligent) or otherwise;\ndirect loss;\naccidental loss,\nincidental loss;\nconsequential loss; and\nindirect loss.\n     Nothing above prevents claims for damage to your tangible property.\ne) Our goods come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement\nor refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have\nthe goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.\nf) Subject to applicable laws and the terms of this Article, your sole remedy in the event of a dispute with Us or our licensors is to:\n     cease to use the Services and terminate your Account; and\n     if applicable, seek damages for your losses.\ng) When we acknowledge that a Content you purchased is unusable due to our fault, our liability will be limited to providing you with\na Content of an equivalent value, chosen by us.\nh) Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent\nmisrepresentation, nor any other liability which cannot be excluded or limited under applicable law. \n \n15.2           Indemnity & Compensation.\na)     You agree to defend, indemnify and keep us and our licensors, licensees, assignees and successors in title and their\nrespective employees, officers or directors, our respective subcontractors and Content suppliers (collectively the “Affiliates”)\nindemnified from and against any claim or alleged claim, all liabilities and damages and all costs, including lawyers’ fees, following\nand/or resulting from a violation of these Terms for which you are responsible, or related to your behaviour on the Services,\nincluding relating to your UGC.\nb)     Without limiting the generality of the foregoing, you agree to defend, indemnify and keep indemnified us and our Affiliates in the\nevent of inappropriate or illegal use of your Account, including by someone you have authorised to use your Account. You agree to\nbe held personally responsible for your use of the Services and for all your communications and activities on the Services, including\nthe Forums.\nc)     We reserve the right to take sole conduct, at our own expense, of any claim which you have indemnified us of or which may\ngive rise to compensation by you. You agree in such case to fully collaborate with us upon request in defense of our interests. \n15.3     The provisions of this Article 15 remain valid and in force after termination of these Terms or of Your Account.\n \n16        Is there other information you need to know? \nThis Article contains additional information applicable between you and us, including modification of these Terms, consumer\nconciliation, law and jurisdiction and contact information.\n\nYES. See below the other general information governing these Terms. If you do not find the information you are looking for in these\nTerms, you may find it at https://legal.ubi.com.\n16.1     Modification of the Terms. We may revise these Terms at any time for security, legal, best practice and/or regulatory\nreasons. We will not use this right to make substantial changes to the Terms, affecting your rights, without giving you a chance to\nagree. If you do not agree to the changes made to these Terms, you shall terminate your Account as set out in Article 8.1. You\nshould check for revisions to the Terms regularly as they are binding on you. Any use of the Services subsequent to revised Terms\ncoming into force implies acceptance of the revised Terms.\n16.2     Severance. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid,\nillegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and\nenforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these\nTerms would be valid, enforceable and legal if some part of it was deleted, the provision shall apply with the minimum modification\nnecessary to make it legal, valid and enforceable to reflect our initial intentions.\n16.3     No Waiver. Waiver of a right or remedy may be considered to have taken place only after the signing by us and you of a\nwritten statement to this effect. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall\nconstitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or\nremedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or\nremedy.\n16.4     Entire Agreement.\na)    In entering into these Terms, neither party has relied upon and does not rely on any statement, representation, assurance or\nwarranty (“Representation”) of any person other than as expressly set out in these Terms.\nb)    Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be\nfor breach of contract.\nc)     These Terms and all rules or instructions published online concerning a Service contain the entire agreement between us and\nyou with respect to the subject matter hereof and supersede and cancel any and all prior or contemporaneous oral or written\nunderstandings, negotiations and agreements.\nd)    Nothing in this Article shall limit or exclude any liability for fraud or fraudulent misrepresentation.\n16.5     Dispute Resolution.\nAlternative Dispute Resolution. In the event of disputes or claims in connection with these Terms, the European Commission\nprovides a platform, facilitating the independent and out-of-court settlement of online disputes between European Union consumers\nand professionals, accessible at the following address: https://ec.europa.eu/consumers/odr/.\nLaw and Jurisdiction. These Terms, your Account and any disputes or claims arising in connection with them or their subject matter\nor formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England\nand Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or\nclaim.\n16.6     Force majeure. We shall have no liability under these Terms if we are prevented from, or delayed in, performing our\nobligations or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including,\nwithout limitation, strikes, failure of a telecommunications network, act of God, war, riot, pandemic, malicious damage, compliance\nwith any law or governmental order, accident, fire, flood or default of sub-contractors.\n16.7     Contact / Customer support. You can access these Terms at https://legal.ubi.com. For any question concerning these\nTerms, any Service or Content, you may contact us at: https://support.ubi.com.\n \nTHESE TERMS ARE APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}