ACCOUNT: TERMS OF SERVICE - Canada

 “ACCOUNT: TERMS OF SERVICE”

 

IMPORTANT - READ CAREFULLY: These services are provided to you by Sega Europe Limited of 27 Great West Road, Brentford, Middlesex, TW8 9BW and its affiliated companies (“SEGA” or “We”). The Services comprise of various goods and services (including but not limited to video games software, a virtual wallet (described in section 7 below), virtual communities and forums (where you can meet, communicate with and play against other users), software, updates, downloadable content (referred to as "DLCs"), patches, media content (such as video trailers), marketing and promotional offers (such as competitions and newsletters), subscriptions and more, all of which are referred to as "Services" and which will be available to you if you register for an account.

The Services are offered subject to your compliance with all of the terms and conditions contained herein (the “Agreement”) and all other agreements including any and all End User Licence Agreements (“EULA”) which shall apply in respect of each product which you purchase, SEGA’s Privacy Policy, operating rules, policies and procedures.

The Services you can access may vary depending on which device you are using, whether you have registered for an account with SEGA or its affiliates (including but not limited to Total War Account, Company of Heroes Account, Football Manager Account and others) (“Account”) and your country of residence. Where possible, we shall indicate which features of the Services are available or supported in your country or preferred language. Some features of the Services may still be available to you if you decide not to register for an account, as explained in Section 5 below.


 

1. Registering for an Account

 

1.1 You may be prompted to register for an Account in a number of ways, including but not    limited to:

  • before, during or after the purchase of any Services, which may include prompts and notification screens during gameplay;
  • by visiting the SEGA website or forums; or
  • by email (where you are an existing customer of SEGA and your contact details have been collected by SEGA or any of its affiliates in accordance with the SEGA’s privacy policy, which is available to read by clicking here - http://www.sega.com/Privacy/)  

1.2       You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SEGA reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will immediately notify SEGA of any unauthorised use of your Account.

1.3       You should create your Account with a strong password, which is different from any password you use for your other online services. The system may remember your sign-in information depending on your browser and in-game client settings and whether you select the option to store these settings, which means that you will be automatically signed into your Account for some or all of the Services which are available to you. Your password may be reset at any time by clicking on the “Forgotten Password” button on the login screen. The password will be sent to the email address registered with your Account. You are responsible for safeguarding your password.

1.4       You must keep your Account secure and keep your Account details confidential. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions.

1.5       The information you give us during your registration may be used by SEGA, its affiliated companies and third parties responsible for providing the Services and operating your Account. In particular, we may send electronic messages about the features of Services that you have purchased or which are available to you as a result of registering and maintaining your Account, as well as information about associated Services, to the email address you register (such as purchase confirmations). Your information shall be held in accordance with SEGA’s privacy policy (see section 21 for more details).

1.6       You may register for multiple Accounts provided that you register a different email address for each Account. We do not combine information from one Account with information from another Account, unless we suspect that there has been a breach of the general prohibitions in Section 8 of this Agreement, in which case all Accounts you have registered may be temporarily or permanently disabled.


 

2. Registering for an Account using Social Networking Services

 

2.1       We may allow you to register for your Account using certain third party social media or social networking services ("SNS") including, but not limited to Facebook. If you decide to register through an SNS, we may extract the personal information you have provided to the SNS (such as your "real" name, email address and other information you make publicly available via the SNS) from the account you have with the applicable SNS and use that information to create your Account. We shall inform you of any information that shall be extracted before it is taken. We shall also inform you whether it is possible to create your Account without any personal information being extracted at the time of registration. The specific information that we extract may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of such personal information about you.

2.2       You agree to provide accurate, current and complete information to your SNS and to update such information to keep it accurate, current and complete.


 

3. Account registration and use of Services by Children

 

3.1       Local laws in your respective jurisdiction may require that you are of a certain age in order to agree to the terms of this Agreement, which is a requisite for registering for an Account. For example, individuals residing in the UK must be at least 18 years old to enter into certain legally binding arrangements.

3.2       In the event that you are under the required age, you may not continue to register for an Account and/or use the Services, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Services and/or before any personal data is collected by SEGA. By using the Services, you warrant that you are old enough to use the Services without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Services at all times, including to ensure that you do not upload or share any personal information without first obtaining their consent.

3.3       Some of the Services may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Services.  If date of birth information has been provided by you during the registration process, SEGA shall where possible take steps to prevent your access to features of the Services which we deem to be inappropriate for your age. The age rating is a guideline only and SEGA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Services are rated and some may contain adult language and material.


 

4. Purchase of Services on Third Party Platforms

 

4.1       Some of the features of our Services are available for purchase from third party platforms, such as Steamworks, PSN, Xbox, Apple Itunes Store, Google Play and Amazon. SEGA has no control over how such third parties operate their platforms (including the pricing, payment and billing policies applicable to such purchases). In the event that you encounter any problems during your purchase, you will need to contact the third party merchant.

4.2       If you experience any technical problems related to the Services, please contact SEGA’s customer services customersupportuk@sega.co.uk       


 

5. What if you do not register for an Account?

 

5.1       Some features of the Services provided by SEGA will be available to you even if you decide not to register for an Account, in which case SEGA shall store limited non-personally identifiable information data (including but not limited to device identification information, IP address and Steam ID which shall be encrypted so that we are not able to identify your public profile from this information) for the purpose of enabling you to use those Services which you have legitimately purchased. Sega may also store limited personally identifiable information data (including but not limited to your name, address, date of birth) which would only be used for the purposes of either entering into legal agreements with you relating to your use of the Services and/or ensuring that you are the appropriate age to use the Services.

5.2       If you choose not to register for an Account, you will be able to use any products you have purchased as part of the Services (including any video games which you have legitimately purchased), unless we have expressly indicated that you are required to sign up for an Account to continue using the product at the time of purchase. Where possible, SEGA shall notify you of any features within the Services which shall be disabled as a result of not registering for an Account (e.g. cross play of products between devices which you own may not be available if you have declined to register for an Account).


 

6. Closing your Account

 

6.1       You may permanently close your SEGA Account by contacting customer services customersupportuk@sega.co.uk

6.2       Failure to adhere to any of the terms of this Agreement and/or any other applicable agreements (including the EULA for any products), rules, policies or applicable laws may result in the temporary or permanent suspension of your Account and use of any and all of the Services and you may not be entitled to any refunds for any Services which are no longer available to you as a result.

6.3       We may close your Account if it has not been used for at least 24 months.

6.4       AFTER YOUR ACCOUNT IS CLOSED, YOU WILL NOT BE ABLE TO ACCESS YOUR ACCOUNT NOR USE THE SERVICES PURCHASED WITH THAT ACCOUNT. WE SHALL NOT BE OBLIGED TO PROVIDE YOU WITH A REFUND OF YOUR UNUSED VIRTUAL CURRENCY OR VIRTUAL GOODS UNLESS WE ARE REQUIRED TO DO SO BY LAW.


 

7. Virtual Wallet

 

7.1       Certain features/products within the Services may include the option to purchase virtual, in-game currency ("Virtual Currency") and virtual, in-game digital items and/or other virtual, in-game goods and services (collectively, "Virtual Goods"). Virtual Currency and Virtual Goods may be obtained from SEGA and/or third parties as follows: (i) obtained through gameplay within a product, (ii) purchased from SEGA in exchange for "real world" money if you are a legal adult in your country of residence, (iii) Virtual Goods may be purchased using Virtual Currency in some circumstances, (iv) purchased from third parties, such as operators of third party platform stores in exchange for "real world" money if you are a legal adult in your country of residence, (v) obtained by exchanging credits or other virtual items from the third party websites, so long as such an exchange is permitted by the applicable third party website and SEGA, or (vi) obtained through interaction or participation with certain third-party advertisements and services.

7.2       In the event you choose to purchase Virtual Currency or Virtual Goods from SEGA or its affiliates, you agree to the pricing, payment and billing policies applicable to such fees and charges, as notified to you at the time of purchase. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in local currency unless specified otherwise at the time of purchase. SEGA has no control over how third parties operate a system of credits or Virtual Goods and whether or not such credits or Virtual Goods can be exchanged with the Virtual Currency, so this method of obtaining Virtual Currency may not always be available to you. In addition, SEGA has no control over the pricing, payment and billing policies applicable to such purchases from third parties.

7.3       Virtual Goods and Virtual Currency are digital items only with no cash-value. Virtual Currency and Virtual Goods may never be redeemed with "real world" money, goods or other items of monetary value from SEGA or any other party. Your right to use any Virtual Goods and Virtual Currency that you obtain are limited to a non-exclusive, non-transferable, non-sub-licenseable, revocable right to use such Virtual Goods and Virtual Currency solely for your personal entertainment and non-commercial use and for no other purpose. Except for the limited rights described herein, you have no property interest or right or title in or to any such Virtual Goods or Virtual Currency, which remain the exclusive property of SEGA.

7.4       Except where explicitly authorized by SEGA, (i) transfers of Virtual Currency or Virtual Goods are strictly prohibited (including between different products); (ii) you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value; and (iii) SEGA does not recognize any such purported transfers of Virtual Currency or Virtual Goods, nor the purported sale, gift or trade in the "real world" of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of the terms of this Agreement will result in an automatic termination of your rights to use the Virtual Currency or Virtual Goods and may result in termination of your Account, a lifetime ban from the product and SEGA’s other Services and/or possible legal action.

7.5       YOU AGREE THAT ALL SALES OF VIRTUAL GOODS AND VIRTUAL CURRENCY ARE FINAL. NO REFUNDS WILL BE GIVEN, EXCEPT IN SEGA'S SOLE AND ABSOLUTE DISCRETION.

7.6       As stated above, the existence of a particular offer of Virtual Goods or Virtual Currency is not a commitment by SEGA to maintain or continue to make the Virtual Goods or Virtual Currency available in the future. The scope, variety and type of Virtual Goods and Virtual Currency that you may obtain can change at any time. SEGA has the absolute right to manage, regulate, control, modify or eliminate such Virtual Currency or Virtual Goods as it sees fit in its sole discretion, and SEGA will have no liability to you or anyone for the exercise of such rights.


 

8. Your Conduct when using your Account and the Services

 

8.1       When using your Account and the Services (including but not limited to your participation in virtual communities), you must behave decently, respectfully and with consideration for SEGA and other users (who may be children). This includes your use of any sharing or communication features available with the Services that allow you to share messages, comments, pictures, photographs, videos, game assets, game videos and other information.

8.2       You agree not to do any of the following prohibited acts:

  1. Post, upload, publish, submit or transmit any materials which you and/or other users may create as part of the Services (referred to as “User Content”) that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  2. Use, display, mirror or frame any of the Services, or any individual element within the Services, SEGA's name, any SEGA trade mark, logo or other proprietary information, or the layout and design of the Services, without SEGA's express written consent.
  3. Access, tamper with, or use non-public areas of the Services, SEGA's computer systems, or the technical delivery systems of SEGA's providers;
  4. Attempt to probe, scan, or test the vulnerability of any SEGA system or network or breach any security or authentication measures;
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SEGA or any of SEGA's providers or any other third party (including another User) to protect the Services, Account or otherwise;
  6. Attempt to access or search any Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SEGA or other generally available third party web browsers;
  7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  8. Use any meta tags or other hidden text or metadata utilizing a SEGA trade mark, logo URL or product name without SEGA's express written consent;
  9. Use the Services or related features of the services for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;
  10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or its related features and/or services to send altered, deceptive or false source-identifying information;
  11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  12. Collect or store any personally identifiable information from the Services or related features and services from other users without their express permission;
  13.  Impersonate or misrepresent your affiliation with any person or entity;
  14. Violate any applicable law or regulation; or
  15. Encourage or enable any other individual to do any of the foregoing.

8.3                   In addition to the general prohibitions listed above, your use of the Services is governed by specific rules (together, "Rules") maintained and enforced exclusively by SEGA. Your cooperation in understanding and complying with the Rules is essential to ensure that all users can enjoy their experience with the Services. According to the Rules, you must:

(a) Respect the rights of other users to enjoy the Services and use the products. To this end:

(i) Do not share anything that is defamatory or offensive (including anything racially, ethnically, religiously or sexually offensive);

(ii) Do not use or promote hate speech, violent behaviour or illegal substances;

(iii) Do not act in a disruptive, threatening or bullying manner or impersonate or stalk anyone;

(iv) Do not cheat or exploit any bugs in the Services to obtain an unfair advantage;

(v) Do not share, trade, phish for or harvest account sign in details;

(vi) Do not use or associate your Account for any commercial activity;

(vii) Do not act in any manner that infringes privacy or intellectual property rights;

(viii) Do not carry out, or attempt or threaten to carry out, any activity that is against this Agreement and any EULA for any products you have downloaded, or any applicable law;

  • Not spam, flood, or make duplicate posts, post commercial solicitations or ads when engaging in any interaction with other users or any SEGA employees or agents, including customer service representatives, or otherwise disrupt the normal flow of dialogue;
  • Not impersonate any employee or agent including customer service representatives, of SEGA or its affiliates;
  • Not post or communicate any user's "real world" information (name, address, account name, etc.) through the Services or any other related public spaces (e.g. forums, websites etc.);
  • Not offer or perform services for "real world" cash;
  • Not exchange or transfer - whether in or outside of the Services- any Virtual Currency or Virtual Goods available in the Services, except as permitted when using any products within the Services;
  • Not organize or be a member of any groups within the Services that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay or other discriminatory values;
  • Not exploit any errors in design features which have not been documented, and/or "bugs" to gain access to content that is otherwise not available to users, or to obtain a competitive advantage over other users or any other unintended benefit; or communicate the existence of any such errors or "bugs", either directly or through public posting, to other users. Errors and bugs should be promptly reported to us at customersupportuk@sega.co.uk;
  • Not use any third-party program (such as a "bot") in order to automate gameplay functions, including playing, interacting, or gathering Virtual Currency or Virtual Goods within the product; and
  • Not cheat or engage in any other conduct that is disrespectful to other users or contrary to the "spirit" of the Services.

Failure to adhere to the above may result in the temporary or permanent suspension of your Account (and any other Accounts which we determine have been registered by you) and use of any and all of the Services.

8.4       YOU MAY NOT BE ENTITLED TO ANY REFUNDS FOR ANY SERVICES (INCLUDING ANY VIRTUAL GOODS OR VIRTUAL CURRENCY WHICH HAS BEEN PURCHASED) WHICH ARE NO LONGER AVAILABLE TO YOU AS A RESULT OF A TEMPORARY OR PERMANENT SUSPENSION.


 

9.         E-mail, messaging, blogging and chat 

 

9.1       SEGA may make email, messaging, blogging, or chat (collectively, "Communication Software") available through its Services, either directly or through a third-party provider.  SEGA is not responsible for communications made by you and other users via the Communication Software.  You acknowledge and agree that your communications made via the Communication Software are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Software.  You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.


 

10.       Cancellation Rights: Digital Content

 

10.1     For any purchase of digital content products (such as games, add-ons or subscriptions, Virtual Currency and Virtual Goods), you agree that SEGA makes those products available to you for download and use immediately after we have accepted your order and once made available, as far as permitted by law, you will have no right to cancel your order or to a "cooling off period". You cannot obtain a refund for orders of digital services (such as subscriptions or in-game content).

10.2     Please be aware that if you purchase or download a Service, including a free-to-use service, it may include in-service and/or product purchase options to obtain add-on services and/or products. You agree to pay for all in-service and/or product purchases that are made.


 

11.       Updates and how these may affect you

 

11.1     You agree that we can automatically upload updates to these Services when you connect your device to the Internet and/or sign into your Account to ensure that your device is functioning properly in accordance with this Agreement. In addition, your device may download updates if you have set it to do so automatically or manually request your device to download updates. You agree that these updates may update your device’s settings and change or remove certain features of the Services. If you do not update your device, some or all features of the Services may be disabled until the update is completed.


 

12.       Maintenance of your Account and Services

 

12.1     We may take down any features of the Services at any time for any duration and for any reason, including for investigation of any security incident and for carrying out system maintenance and upgrades.


 

13.       Protecting your Account and our Services

 

13.1     If we believe that you have permitted your Account or device to be used in a way which breaches this Agreement, or we believe that your Account has been hacked, we may take any actions we believe are reasonable in the circumstances to protect our interests and those of other users. In particular, we may:

(i) Reset the password for your Account;

(ii) Upload updates to your system or device intended to discontinue unauthorised use;

(iii) Stop or suspend any subscriptions associated with your Account;

(iv) Stop or suspend access to all or any part of the Services;

(v) Disable your Account temporarily or permanently; 

(vii) Bring, initiate and/or participate in government, criminal and/or private legal action against you.

13.2     While your Account is disabled, you may not be able to use the Services that you have paid for.

13.3     WE WILL NOT PROVIDE YOU WITH A REFUND OF YOUR UNUSED VIRTUAL CURRENCY OR VIRTUAL GOODS AND UNEXPIRED PERIODS OF YOUR SUBSCRIPTIONS TO THE SERVICES UNLESS WE ARE REQUIRED TO DO SO BY LAW.

13.4     A failure or delay in taking action in response to any breaches is not a waiver of any of our rights or remedies and we may still take action in response to such breaches, or any other breach, at a later date.


 

14.       Intellectual Property Rights

 

14.1     Subject to your compliance with the terms and conditions of the Agreement, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use any intellectual property in the products, information and materials that form part of the Services (collectively referred to as the “Materials”) exclusively for your personal and non-commercial use solely in connection with the Services to which you have been granted access.

14.2     IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF ANY MATERIALS, TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY OTHER FORM OF REPRODUCTION OR ANY FORM OF DISTRIBUTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.

14.3     You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of any Services, including but not limited to your Account, without the express prior written consent of an authorised representative of SEGA. This includes distributing User Content, except where you are permitted to do so without charge (i.e., on a strictly non-commercial basis), to other authorised users who have purchased any of the Services.

14.4     All rights not specifically granted under this Agreement are hereby reserved by SEGA and, as applicable, by its licensors.


 

15.       No Right to Ownership

 

15.1     The Services are protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Services contain certain licensed materials, and SEGA and SEGA’s licensors may protect their rights in the event of any violation of this Agreement. Except as expressly licensed to you herein, all right, title, and interest in and to the Services and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Services and Materials) are owned by SEGA or SEGA’s licensors (“SEGA IP”).

15.2     YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SERVICES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA AND/OR ITS LICENSORS.

15.3     SEGA may allow you to create your audio, visual or audio-visual content using our services (“User-Generated Content”). We may enable you to synchronise your User Generated Content with Sega IP.

15.4     Sega acknowledges and agrees that all right, title and interest in the User-Generated Content (excluding any SEGA IP) shall belong to you. To the extent required by SEGA, with respect to the User-Generated Content, you automatically grant to SEGA the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the User-Generated Content (or any part thereof) in any way SEGA sees fit.

15.5     SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the SEGA IP with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which SEGA publishes from time to time. The license you have been granted to synchronise the SEGA IP with your User-Generated Content does not include any rights to (a) resale of the SEGA IP; (b) the distribution, public performance or public display of any SEGA IP other than as expressly authorised herein or in any policies published by SEGA; (c) modifying or otherwise making any derivative uses of the SEGA IP, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the SEGA IP in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of SEGA and will remain our property or that of our group companies.

15.6     You hereby warrant and represent that any User-Generated Content which you synchronise with SEGA IP shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA.

15.7     You hereby warrant and represent that any User-Generated Content synchronised with   SEGA IP, and the subsequent use and exploitation of any those materials by you and or SEGA, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to SEGA and shall not be used for commercial exploitation by you (through pay-per-play or timesharing services or otherwise) unless expressly authorised by SEGA.


 

16.       No sale or assignment 

 

16.1     SEGA does not recognise the transfer of the Services. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of SEGA.  Any attempt to do so shall be void and of no effect. 


 

17. Indemnification

 

17.1     Upon a request by SEGA, you agree to defend, indemnify, and hold SEGA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Services; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.  SEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SEGA in asserting any available defenses.


 

18. International use

 

18.1     Although the Services may be accessible worldwide, we make no representation that the Services are appropriate or available for use in locations outside of Europe (unless otherwise specified at the time of purchasing and/or registering for the Services), and accessing them from territories where the content is illegal is prohibited.  Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Any offer and/or information made in connection with the Services is void where prohibited. Without limiting the foregoing, the Services may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.  By accessing and using the Services, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.


 

19. Termination and survivability of terms

 

19.1     The Agreement set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate your Account, if applicable, and discontinue use of the Services (or any feature of the Services) at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of SEGA, this Agreement shall terminate automatically if you fail to comply with its terms and conditions.  In these circumstances, the End User Licence Agreements (which provide your licence to use such products) for any and all products purchased as part of the Services shall also terminate. Upon termination, you must destroy all copies of the product. The provisions of Sections 14, 15, 16, 17, 20, 21, 22, 23 shall survive any termination of this Agreement.

19.2     YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS WHICH WERE PAID TO SEGA PRIOR TO ANY TERMINATION. 


 

20. Injunction

 

20.1     Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.


 

21. Data Protection

 

21.1     YOU ACKNOWLEDGE THAT SEGA DOES AND MAY COLLECT DATA DERIVED FROM YOUR USE OF ANY OF THE SERVICES. FOR EXAMPLE, SEGA MAY COLLECT OR PROCESS INFORMATION ABOUT YOUR DEVICE, INCLUDING WHERE AVAILABLE YOUR IP ADDRESS, IFDA, IDFE, ANDROID ID, STEAM ID, AND/OR OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT OUR USER’S BROWSING, ACTIONS, PATTERNS, AND DEVICE AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE SERVICES, ASSISTING SEGA IN ASSESSING IMPROVEMENTS TO ITS SERVICES AND PRODUCTS AND FOR DIGITAL MANAGEMENT PURPOSES.

21.2     SEGA MAY ALSO COLLECT PERSONAL INFORMATION FROM YOU WHEN YOU REGISTER FOR AN ACCOUNT AND/OR WHERE YOU USE AN SNS TO REGISTER FOR YOUR ACCOUNT, IN WHICH CASE WE SHALL EXTRACT THE PERSONAL INFORMATION YOU HAVE PROVIDED TO THE SNS FROM THE ACCOUNT YOU HAVE WITH THE APPLICABLE SNS AND USE THAT INFORMATION TO CREATE YOUR ACCOUNT. THE SPECIFIC INFORMATION THAT WE EXTRACT MAY DEPEND ON THE PRIVACY SETTINGS YOU HAVE WITH THE SNS. YOU HEREBY CONSENT TO OUR ACCESS TO AND COLLECTION OF SUCH PERSONAL INFORMATION ABOUT YOU.

21.3     WHEN YOU USE YOUR ACCOUNT AND THE SERVICES, SEGA, OTHER USERS AND THIRD PARTIES MAY COLLECT, USE AND SHARE WITH OTHERS INFORMATION THAT RELATES TO YOU. IN PARTICULAR:

(I) WHEN PARTICIPATING IN MULTI-PLAYER GAMING, YOUR INFORMATION IS SHARED WITH SEGA AND OTHER USERS. THIS INFORMATION MAY INCLUDE YOUR SEGA ONLINE ID, YOUR USERNAME (IF YOU CHOOSE TO DISPLAY IT), SCREENSHOTS AND VIDEOS OF YOUR GAMEPLAY, WHICH MAY INCLUDE TEXT OR VOICE CHAT. WE MAY RECORD AND POST OR STREAM GAMEPLAY, FEATURING THIS INFORMATION, VIA THE SERVICES AND THIRD PARTY SERVICES AND/OR PRODUCTS (INCLUDING SOCIAL NETWORKS).

(II) WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO MONITOR AND RECORD (OR ENGAGE A THIRD PARTY TO MONITOR OR RECORD) ANY OR ALL OF YOUR ACTIVITY AND TO REMOVE ANY USER CONTENT THAT YOU SHARE AT OUR SOLE DISCRETION, WITHOUT FURTHER NOTICE TO YOU. THIS MAY INCLUDE INFORMATION SUCH AS THE CONTENT OF YOUR VOICE AND TEXT COMMUNICATIONS, VIDEO OF YOUR GAMEPLAY, THE TIME AND LOCATION OF YOUR ACTIVITIES, AND YOUR NAME, YOUR SEGA ONLINE ID, IP ADDRESS, IFDA, IDFE, ANDROID ID AND STEAM ID. WE MAY ALSO RECEIVE INFORMATION ABOUT YOUR ACTIVITY WHILST USING THE SERVICES. ANY INFORMATION COLLECTED IN THIS WAY, MAY BE USED BY US OR OUR AFFILIATED COMPANIES TO ENFORCE THESE TERMS OF SERVICE, TO COMPLY WITH THE LAW, TO PROTECT OUR RIGHTS AND THOSE OF OUR LICENSORS AND USERS, AND TO PROTECT THE PERSONAL SAFETY OF OUR EMPLOYEES AND USERS. THIS INFORMATION MAY BE PASSED TO THE POLICE OR OTHER APPROPRIATE AUTHORITIES. PLEASE NOTE THAT WE CANNOT MONITOR ALL YOUR ACTIVITY AND WE MAKE NO COMMITMENT TO DO SO.

21.4     THE COLLECTION, USE AND SHARING OF PERSONAL INFORMATION THAT RELATES TO YOU IS EXPLAINED IN SEGA'S PRIVACY POLICY AVAILABLE AT WWW.SEGA.COM/PRIVACY). THE POLICY AND ANY UPDATES TO THE POLICY MAY ALSO BE NOTIFIED TO YOU FROM WITHIN CERTAIN GAMES WHICH YOU HAVE PURCHASED.  BY REGISTERING AND USING YOUR ACCOUNT AND THESE SERVICES, YOU AGREE TO THE COLLECTION, USE AND SHARING OF YOUR PERSONAL INFORMATION AS EXPLAINED IN THAT POLICY AND AGREE TO ANY REVISIONS WHICH ARE NOTIFIED TO YOU OR POSTED ON OUR WEBSITE.

Questions, comments and requests regarding the data we collect are welcomed and should be addressed to SEGA Europe Limited, Customer Service Department, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UK or customersupportuk@sega.co.uk.


 

22. Limits on our liability and your rights

 

22.1     TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES (AND PRODUCTS IN THOSE SERVICES), EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE SERVICES WILL BE INTERAOPERABLE OR COMPATABILE WITH YOUR DEVICE AND SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORISED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.

22.2     AT SOME POINT IN THE FUTURE, CERTAIN FEATURES OF THE SERVICES MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE OR CONTINUE OPERATING SUCH ASPECTS OF THE SERVICES.  THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.  THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS AND USER CONTENT THROUGH OR IN CONNECTION WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

22.3     SEGA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES. THE INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SERVICES MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE SERVICES, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND SEGA’S CONTROL.

22.4     YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE SERVICES. IN NO CASE SHALL ANY LIABILITY OF SEGA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SEGA OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE FEATURE OF THE SERVICES GIVING RISE TO ANY SUCH LIABILITY.  IN NO EVENT SHALL SEGA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.5     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, THE LIABILITY OF SEGA AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.


 

23. Miscellaneous

 

23.1     This Agreement represents the complete agreement between you and SEGA concerning the Services and supersedes all prior agreements and representations, warranties or understandings between you and SEGA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.  Each product may also have its own EULA. In the event of any conflict between the EULA and this Agreement, the terms of the EULA shall apply. SEGA reserves the right to amend or modify this Agreement at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion. 

23.2     If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.

23.3     SEGA may assign this Agreement, in whole or in part, at any time.  Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without SEGA’s express prior written consent.

23.4     SEGA’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of SEGA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by SEGA with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

23.5     Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from  time to time) are expressly excluded.

23.6     The parties agree that all correspondence relating to this Agreement shall be written in the English language.

23.7     This Agreement shall be construed under laws of England Wales, and you consent to the exclusive jurisdiction of the English Courts.

You may contact SEGA at the following address:

Sega Europe Limited

Customer Service Department

27 Great West Road

Brentford

Middlesex

TW8 9BW

Email: customersupportuk@sega.co.uk

 

31 October 2014

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