SEGA ACCOUNT: TERMS OF SERVICE - UK

 

SEGA 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 terms and conditions contained within the “Account: Terms of Service” (“Agreement”) apply to the following SEGA products (“Products”) and services where you are required to register an Account (as defined below), including but not limited to the following:

1. Online Forums: Where you can share feedback, and communicate with other users of our Products, and our development studios, including but not limited to:

(i) Sports Interactive Forum Community - https://community.sigames.com/

(ii) Total War Forum - https://forums.totalwar.com/

(iii) Dawn of War Forum - https://community.dawnofwar.com/

(iv) Company of Heroes Forum  - https://community.companyofheroes.com/

and any other forum which is owned and operated by SEGA. This does not include forums operated by third parties (e.g. Discord, Reddit) for which users will have to agree to third party terms and conditions.

2. Games2Gether Platform:  Where you can share creative ideas with SEGA’s studios during the development of its video games, as well as participating in competitions, events and other community-based activities - https://www.games2gether.com/

3. Total War Access Account: Where you can receive news and exclusive content for Total War games. You will be required to register for a Total War Access account to play certain Total War games, including but not limited to Total War: Elysium, and Total War Battles: Kingdom - https://access.totalwar.com/auth/email_register/

4. Relic Link Account:  Registering for a Relic Link Account is required before you can access Relic’s online forums for Dawn of War and Company of Heroes.

5. FMFC Account:  You will be prompted to register for an Account before you can access exclusive FMFC content relating to Football Manager.

6. E-Commerce Store Account:  You will have the option to register for an Account when you purchase a Product via SEGA’s e-commerce store.

By registering for an account (“Account”), you may receive 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, together with any other services offered shall be referred to as "Services". Certain features of these Services may not be available to you in your country or preferred language.

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

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 and activation of any SEGA Products, which may include prompts and notification screens during gameplay;
  • by visiting websites or forums operated by, or on behalf of, SEGA and/or its affiliated businesses; 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 here - http://www.sega.co.uk/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.

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/or device 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.

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 emails 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. Your information shall be held in accordance with SEGA’s privacy policy (see Section 19 for more details).

2. Registering for an Account using Social Networking Services

2.1       We may give you the option to register for your Account using third party platforms (such as Valve and Epic) or social networking services ("SNS") including but not limited to Facebook. With your express consent, we may extract certain personal data that you have provided to the third party platform and/or SNS (such as your name and email address) from the account you have with the applicable service and use that information to create your Account.

2.2       You agree to provide accurate, current and complete information to the third party platform and/or 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 the country in which you live may require that you are of a certain minimum age in order to agree to the terms of this Agreement and before you register for an Account.

3.2       Subject to any applicable Product age ratings, restrictions and Account requirements, Products are available to individuals aged 13 or older. If you are aged 13 but under 18 years of age, you may not 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 familiar with any parental controls available within the Product and are supervising and monitoring your use of the Services at all times, including to ensure that you do not upload or share any personal data 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 you provide date of birth information 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 (and/or your parent and/or your legal guardian) 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 or Use of Services on Third Party Platforms

4.1       Some of the required or optional features of our Services may require you to register and purchase products from third party platforms, such as Steamworks, Epic, PSN, Xbox, Apple iTunes Store, Google Play, Twitch 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 registration or purchase, you will need to contact the third-party platform. If you sign-up via third party services you should visit the third party website and review their privacy policy and your registration profile or account to understand how your data is processed by them and to find out what your options are.

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

5. Closing your Account

5.1       You may permanently close your SEGA Account at any time by contacting customer services help@sega.co.uk

5.2       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.

5.3       We may close your Account at any time and for any reason. We are not required to provide you with any notice or warning prior to any such termination.

5.4       AFTER YOUR ACCOUNT IS CLOSED:

(A) SEGA WILL PROMPTLY DELETE OR ANONYMISE THE DATA ASSOCIATED WITH YOUR ACCOUNT SO THAT YOU CAN LONGER BE IDENTIFIED; AND

(B) YOU WILL NOT BE ABLE TO ACCESS YOUR ACCOUNT NOR USE THE SERVICES REGISTERED TO THAT ACCOUNT. WE SHALL NOT BE OBLIGED TO PROVIDE YOU WITH A REFUND FOR ANY UNUSED PORTION OF ANY SERVICES UNLESS WE ARE REQUIRED TO DO SO BY LAW.

6. Account Status

Your Account may be provided with additional features to use within the Services that are not available to other users, including but not limited to moderator and VIP status. This may entitle you to edit and delete certain posts which contravene the rules of the forum, access hidden areas of the Services, and communicate with SEGA on certain topics. You agree to observe any additional rules which may be applicable to your Account by virtue of having a moderator and/or VIP status and acknowledge that SEGA may temporarily suspend or permanently close your Account for your failure to abide by these rules, any other requirements of this Agreement, or for any other reasons.

7. Your Conduct when using your Account and the Services

7.1       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.

7.2       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 (referred to as “User Content”) that: (i) infringes, misappropriates or violates a third party's patent, copyright, trade mark, 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. Access, tamper with, or use non-public areas of the Services, SEGA's systems, or the technical delivery systems of SEGA's providers, or attempt to probe, scan, or test the vulnerability of any SEGA system or network or breach any security or authentication measures;
  3. Avoid, bypass, remove, deactivate, impair, 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, your Account or otherwise;
  4. 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;
  5. Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  6. 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;
  7. 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;
  8. Collect, store or publish any personally identifiable information (name, address, account name, etc.) from the Services or related features and services from other users without their express permission; or
  9. Violate any applicable law or regulation.

7.3       In addition to the general prohibitions listed above, your use of the Services may governed by specific rules which apply to those Services which may be notified to you, such as the terms of service supplied by SEGA’s third party forum providers (together, "Rules"). Your cooperation in understanding and complying with the Rules is essential to ensure that all users can enjoy their experience with the Services.

You may notify SEGA of any user content that you believe violates this Agreement, or other inappropriate user behaviour, by emailing help@sega.co.uk.

8.         E-mail, Messaging, Blogging and Chat, Achievements, Competitions

8.1      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 personal data 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 data in your public communications unless you wish such information to be made permanently available to the public.

8.2      SEGA may reward you for your participation in certain activities within the Services. For example, you may be awarded points when using the Games2Gether Platform by registering on the platform, entering a competition, and/or engaging in certain discussions. These points may entitle you to vote in order to influence the decision making process of SEGA or one of its development studios, including but not limited to (i) determining the functionality and designs for future Products, (ii) identifying bugs that should be addressed by SEGA in future updates, and (iii) selecting preferred fan art and mods that have been published by other users. SEGA has the discretion to allocate rewards and achievements to your Account, or to remove rewards and achievements that have already been awarded, as it sees fit in its sole discretion, and SEGA will have no liability to you or anyone for the exercise of such rights.

8.3      SEGA may offer you the opportunity to enter competitions to win prizes, in which case the terms in Schedule 2 of this Agreement shall apply in respect of your entry into those competitions (unless SEGA requires that you agree to any additional terms in respect of a competition or tournament, in which case the additional terms shall apply).

9.       Updates and how these may affect you

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. 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. SEGA may e-mail you to notify you of any material updates to your Account.

10.       Maintenance of your Account and Services

We may take down any features of the Services at any time for any duration and for any reason without notice to you, including for investigation of any security incident and for carrying out system maintenance and upgrades. SEGA may e-mail you to notify you of any maintenance works that may affect your Account.

11.       Protecting your Account and our Services

11.1     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 compromised, 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:

  1. Reset the password for your Account;
  2. Upload updates to your system or device intended to discontinue unauthorised use;
  3. Stop or suspend any subscriptions associated with your Account;
  4. Stop or suspend access to all or any part of the Services;
  5. Disable your Account temporarily or permanently delete your Account; and/or,
  6. Bring, initiate and/or participate in government, criminal and/or private legal action against you.

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

11.3     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.

12.       Intellectual Property Rights

12.1    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”).

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

13.       User-Generated Content

13.1     SEGA may allow you to publish posts, and create audio, visual or audio-visual content (e.g. fan art ) whilst using our Services, and provide you with tools which allow for the synchronisation of audio, visual or audio-visual content which is created by you, including but not limited to Let’s Play videos, Twitch streams (together, “User-Generated Content”). We may enable you to synchronise your User Generated Content with SEGA IP, including Game Footage (“Game Footage”). This clause does not apply in relation to the creation of any modifications for use with the Product (“Mods”), which are governed by the additional Modding Terms in Schedule 1.

13.2     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.

13.3     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 licence 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.

13.4    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.

14.       No sale or assignment 

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. 

15. Indemnification

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, trade mark, 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 defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SEGA in asserting any available defences.

16. International use

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.

17. Termination and survivability of terms

17.1     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. The provisions of Sections 12, 13, 14, 15, 18, 19, 20, 21 shall survive any termination of this Agreement.

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

18. Injunction

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.

19. Data Protection

YOU ACKNOWLEDGE THAT SEGA MAY (I) PROCESS PERSONAL DATA RELATING TO YOU AS PART OF YOUR USE OF THE PRODUCT AND (II) DISCLOSE OR TRANSFER SUCH PERSONAL DATA TO OTHER PERSONNEL OR ENTITIES WITHIN SEGA, OR ANY OTHER PERSONS AS MAY BE REASONABLY NECESSARY, AND AS OTHERWISE REQUIRED OR PERMITTED BY LAW. FURTHER DETAILS IN RESPECT OF THE COLLECTION, PROCESSING AND TRANSFER OF SUCH DATA ARE OUTLINED IN THE SEGA PRIVACY POLICY MADE AVAILABLE ONLINE AT http://www.sega.co.uk/Privacy. IN LIMITED CASES WHERE CONSENT IS APPROPRIATE TO AND SOUGHT FOR SPECIFIC PROCESSING, A SEPARATE CONSENT NOTICE WILL APPLY.

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 by email at help@sega.co.uk. You can also contact our data protection officer at dpo@sega.co.uk.

20. Limits on our liability and your rights

20.1     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.

20.2     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 BEHAVIOUR, 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.

20.3     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.

20.4     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 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.

20.5     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.

21. Miscellaneous

21.1     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. 

21.2     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.

21.3     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.

21.4     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.

21.5     This Agreement shall be construed under laws of England and 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

Emailhelp@sega.co.uk

 

SCHEDULE 1

MODDING TERMS

 

Where possible, SEGA encourages its users to express their creativity and enhance the experience of certain games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect SEGA, the Product, any third party licensors that have licensed intellectual property to SEGA for use in the Product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.

Please note that SEGA prohibits the creation of Mods for certain games. This may be due to third party licensing issues which prevent SEGA from allowing its users to create Mods. In such instances, you shall not be entitled to create Mods for that Product and the Modding Terms shall not apply.

You can find out which Products allow for the creation of Mods by visiting the applicable Modding Page (as defined below). If you are unsure as to whether the creation of Mods is prohibited for your Product, please contact SEGA’s Customer Service Department (customersupportuk@sega.co.uk). Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of these Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the Product may be revoked if you breach the Modding Terms.

1. OWNERSHIP

You acknowledge that you shall have no ownership or other proprietary interest in the Product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of  SEGA and its licensors.

2. LICENCE

Subject to your compliance with the terms and conditions the End User License Agreement for the Product and the Modding Terms, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools, any graphical assets or and/or any other related tools provided by SEGA (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods on the applicable SEGA approved third party Modding webpage for the Product(“Modding Libraries”). Please note that certain Modding Libraries may be owned and operated by third parties such as  Valve (https://store.steampowered.com/) and EPIC (https://www.epicgames.com/store/en-US/), (collectively, the “Third Party Platforms”) and may be subject to additional terms and conditions published by those Third Party Platforms. You acknowledge and agree that your use of the Modding Tools is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of the Modding Tools.

You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, and with any additional terms and conditions published by the Third Party Platforms, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement and/or the Third Party Platforms. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the End User Licence Agreement (including the Modding Terms), and which may subject you to civil and criminal liability.

In consideration of the above grant of rights, you hereby grant SEGA, its affiliates, its licensors and any Third Party Platforms all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Libraries in any way SEGA and/or any Third Party Platforms see fit for use with the Product. You waive and agree never to assert against SEGA or its affiliates, licensors, or the Third Party Platforms any moral rights or similar rights, however designated, that you may have in or to any Mods.

3. CONTENT RESTRICTIONS

Any element which you include in your Mod (except for the Modding Tools) must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Page and shall warrant and represent to SEGA and any Third Party Platform that your Mods do not contain:

  1. any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA and/or its licensors;
  2. any resemblance to any recognisable third party brand, character or personality, including but not limited to any trademark, logos or third party assets except for those assets provided to you by SEGA within the Modding Tools as necessary for the creation of the Mod for use with the Product;
  3. any assets, from other games published by SEGA and its affiliates or any other third party without permission, where such use constitutes an infringement of third party intellectual property rights;
  4. any materials which do not comply with any additional instructions provided to you by SEGA and/or the Third Party Platforms as published on the Modding Libraries or within the Modding Tools, which may be updated by SEGA and/or the Third Party Platforms from time to time;
  5. any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Product.

SEGA does not pre-vet or monitor any Mods which are uploaded to the Modding Libraries and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Libraries. SEGA and the Third Party Platforms reserve the right, in their sole and final discretion, to remove any Mods from the Modding Libraries which violates the content restrictions above. To the maximum extent permitted by applicable law, SEGA does not assume any responsibility or liability for the Mods or for removal of, Mods or any failure or delay in removing such Mods.

4. INDEMNIFICATION

You agree to indemnify, defend and hold SEGA and its parent companies, affiliates, licensors, licensees, contractors, officers, directors, employees, agents and the Third Party Platforms harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation of these terms.

5. OUR LIABILITY

WE PROVIDE THE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL SEGA AND ITS LICENSORS, OR ANY THIRD PARTY PLATFORMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT, THE MODDING TOOLS AND ANY MODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

6. TERMINATION

SEGA and the Third Party Platforms reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Libraries at any time for any reason. If you commit any breach of clauses 2 and 3 of the Modding Terms, your licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to SEGA to use any Mods which you create and publish to the Modding Libraries shall survive termination.

 Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled 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.

7. MISCELLANEOUS

This Agreement represents the complete agreement between you and SEGA concerning Mods and the Modding Tools 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.  SEGA reserves the right to amend or modify these terms at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion. Any amendment or modification to these terms shall be made available at http://www.sega.co.uk/EULA.

 

SCHEDULE 2

SEGA Prize Draw: Terms and Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

 

This prize giveaway (the “Promotion”) is administered by SEGA EUROPE LIMITED (“SEGA” or the “Promoter”), a UK company and in compliance with UK laws; by entering you are agreeing to the following terms and conditions, as well as SEGA’s Privacy Policy 

Any personal data that you are requested to provide to SEGA as a participant or winner of the Promotion shall be controlled and processed by SEGA. Any questions, comments or complaints regarding the Promotion must be directed to SEGA.
  
(1) Description of Prize Draws SEGA will award prizes via a random selection from all eligible entrants. Participants will need to follow the specific instructions contained in the applicable competition message (“The Competition Message”). The Competition Message will provide details of (i) entry requirements (including but not limited to entry times for the Promotion (the “Promotion Period”), (ii) a description of the prizes (“Prizes”) and (iii) the number of Prizes available to participants of the Promotion. Entries submitted outside of the Promotion Period will not be considered.

(2) Eligibility. In order to be eligible for the Promotion, you must:

(i)  be a legal resident of USA, Canada any of the following European countries: 

Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom, and

(ii)  be 18 years of age or older at the time of entry if resident in Europe, or be at least 13 years old and older than the minimum age for the PEGI or ESRB rating for the video game to which the Promotion relates (if applicable) and have obtained parental consent to enter the Promotion, and

(iii)  maintain and operate a valid e-mail account.

The Promotion shall be void anywhere it is prohibited by law, irrespective of the eligibility requirements set out above. Any entrant who is not eligible for the Promotion can be disqualified at the Promoter’s discretion.  If proof of age is requested, and if satisfactory proof of age is not received, the Promoter reserves the right to choose another winner. Employees, officers and representatives (and members of their immediate families and those living in the same household of each) of the Promoter’s, its parent, subsidiaries, affiliated companies, advertising and promotion agencies, and any other company involved in the design, execution or production of this Promotion are not eligible. 

(3) How to Enter - To enter the Promotion, entrants will need to follow the instructions in accordance with the entry requirements posted in the Competition Message. Unless specified otherwise in the Competition Message, entrants can only enter the Promotion once in order to be eligible to win a prize from the Promoter. Entries received for a given Promotion are eligible only for that Promotion and will not be "rolled forward" for inclusion in any subsequent Promotion. Any entry, which does not comply with the rules, may be deemed invalid at the sole discretion of SEGA. 

(4) Prize - Winners shall be randomly selected from all eligible entrants each day during the Competition Period. The number of winners who will be eligible to receive the Prize shall be specified in the Competition Message. The odds of winning depend upon the number of eligible entries received for any given Promotion.

Potential winners will be announced and contacted within five (5) business days of the drawing by e-mail to confirm prize acceptance and determine a mailing address for the prize (if applicable). Potential winners will have five (5) business days to respond to the prize notification e-mail with the requested information. Failure to respond within this time frame will result in disqualification and the selection of an alternate winner at SEGA’s sole discretion. Return of prize notification e-mail as undeliverable will result in disqualification and the selection of an alternate winner. All decisions are final.

The Promoter may state the time of the prize draw and the time for the announcement of the Winners in the Competition Message. This is an indication of an approximate times only and the Promoter shall not be liable if the prize draw an/or announcement of the Winners is delayed. 

(5) General: 

(i) ANY AND ALL TAX LIABILITY RESULTING FROM A WINNER'S RECEIPT OF THE PRIZE IS THE RESPONSIBILITY OF THE WINNER. There are no prize transfers or prize substitutions available. In the event of unavailability of the prize or prize components, the Promoter reserves the right to substitute a prize or prize component of equal or greater value.

(ii) Promotor reserves the right to discontinue this Promotion at any time and without notice following the conclusion and complete fulfilment of all prizes associated with any given (and then current) Promotion.  In the event of a dispute regarding the identity of the person submitting the winning entry, the prize will be awarded to the authorised e-mail account holder regardless of the individual who submitted the entry. The authorised account holder is the natural person who is assigned to the e-mail address used to enter the Promotion. The Promoter reserves the right to void entries, which in its sole determination, are irregular or have been generated with abusive and/or duplicitous intent including but not limited to false or multiple e-mail accounts.

(iii) By entering, you (a) agree to comply with and be bound by the official rules and the decisions of the Promoter which are final and binding in all respects; (b) agree to release Promoter and its employees and agents from any and all liability, loss, damage or injury resulting from participation in this Promotion or from the awarding, receipt, possession use and/or misuse of any prize; (c) acknowledge that the Promoter and its employees and agents have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize including, but not limited to, its quality, mechanical condition or fitness for a particular purpose; and (d) consent to the use of your name and any other information requested by the Promoter (including but not limited to photograph and/or likeness, statements and voice) for advertising and promotional purposes in all media worldwide and in perpetuity without additional compensation, unless prohibited by law.

(iv) The use of machines, computers or any automated technique ("Automated Cheats") to enter the Promotion is prohibited. SEGA has the right to invalidate any entry if its sole opinion the participant has engaged the use of Automated Cheats at any time.  All decisions of SEGA are final.

(v) SEGA is not responsible for any lost, late, delayed, misdirected, garbled, illegible, incorrect or inaccurate information or entries that are misdirected or misrouted as a result of interrupted or unavailable network connections or internet transmissions for any reason, or any failure of the website during the Competition Period, or for any computer, phone, phone line hardware or software malfunction, failure or error of any kind, whether mechanical, human or electronic. Any attempt by an entrant to interfere with the operations of this Promotion is a violation of criminal and civil laws; SEGA reserves the right to seek damages from any such entrant to the fullest extent permitted by law. If, for any reason, any Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of SEGA which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, SEGA reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select winners in a random drawing from among all eligible entries received prior to the cancellation. All entries (and the content therein) are the property of the SEGA.

(vi) Entrants agree that they may be required to take part in publicity without further consent or payment. Such publicity may include the public promotion of their names and/or likeness.

(6) Release: BY PARTICIPATING IN THIS PROMOTION, YOU RELEASE AND HOLD SEGA,  ITS PARENT COMPANY OR COMPANIES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, RETAILERS, ADVERTISING AGENCIES AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN CONNECTION WITH THE PROMOTION OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR DEFECTS IN, A PRIZE, OR PARTICIPATION IN THE PROMOTION, WITHOUT LIMITATION CLAIMS BASED ON PROPERTY LOSS OR DAMAGE, PUBLICITY OR PRIVACY RIGHTS, AND/OR DEFAMATION. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE PROMOTER’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE.

(7) Law and Jurisdiction: These terms are governed by English law and any claim or matter arising out of these terms shall be subject to the jurisdiction of the courts of England.

(8) Data Protection: In order to participate in the competition, participants may need to provide certain information on themselves, such as the participant’s name, email address and country of origin. Your entry may also contain certain personal data (e.g. Steam ID) and you may be required to submit a photograph or video of yourself if this forms part of the entry requirements for the Promotion. Winners of the Promotion may be required to provide their full address for the purpose of SEGA delivering any applicable Prizes (together, “Personal Data”).   

This Personal Data is collected and processed only for the purposes of organising, running, and monitoring the Promotion, as well as for carrying out publicity activities relating to the Promotion and SEGA promotions in general. By entering this Promotion, participants agree that they have read and understood SEGA’s Privacy Policy (http://www.sega.co.uk/Privacy), and any privacy policy which applies for any other third party whose services are used for the purposes of the Promotion (for which SEGA is not responsible) and agreed to be bound by any other requirements set out in the Competition Message, which may be amended or varied at any time by the Promoter.

Promoters: SEGA Europe Limited, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UNITED KINGDOM.

 

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