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THE SIMS™ 3 STORE DIGITAL SERVICES AGREEMENT
Last Updated: August 24, 2011
1. Scope of Agreement. This Agreement (“Agreement”) governs your purchase and use of SimPoints and any of our products and services through which you can purchase or use SimPoints (“The Sims Online Services”). If you reside in the United States, Canada or Japan, the Agreement is between you and Electronic Arts Inc. If you reside in any other country, then the Agreement is between you and EA Swiss Sàrl. Please see below for contact information for Electronic Arts Inc. and EA Swiss Sàrl.In this Agreement, the term "you means you the customer; and the terms "EA", "we", "us" and "our" means either Electronic Arts Inc., or EA Swiss Sàrl, whichever is applicable to you. This Agreement supplements the EA Terms of Service that you accept when you set up an EA Account on our websites. The EA Terms of Service is incorporated here by reference. The EA Terms of Service can be found at the bottom of all EA hosted websites and by typing “terms.ea.com” in your browser.If there is an inconsistency between the EA Terms of Service and this Agreement, the terms of this Agreement will govern your purchase and use of SimPoints on The Sims 3 Store. By selecting the “I Accept” checkbox below, you agree that your use of SimPoints on The Sims 3 Store, The Sims 3 Store website and all related content is subject to this Agreement.
2. Revised Terms. We may revise this Agreement at any time and the revisions will apply to all subsequent purchases of SimPoints and the subsequent entitlements to content that you receive by using SimPoints. When we revise this Agreement, we change the “Last Updated” date above. Each time you purchase SimPoints you agree that you will review the terms of this Agreement. If you don’t agree to the changes, you should stop using The Sims Online Services.
3. The Sims 3 Game Registration. To use The Sims 3 Store, you must have an EA Account and have registered your copy of The Sims 3 game. Your use and registration of The Sims 3 game is governed by the end user license agreement that accompanies that software.
4. SimPoints License. SimPoints can be purchased on The Sims 3 Store. We may also award SimPoints in connection with promotional events. By purchasing SimPoints, you obtain a limited license to access and select from content that we expressly make available on The Sims 3 Store (the "The Sims 3 Content").SimPoints have no monetary value and do not constitute currency or property of any type. SimPoints may be redeemed for The Sims 3 Content on The Sims 3 Store, or used on The Sims 2 Store (subject to The Sims 2 Store License Agreement). SimPoints cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services. SimPoints are non-refundable. You are not entitled to a refund for any unused SimPoints.Subject to the terms of this Agreement, your SimPoints license is coextensive with your right to use an EA Account. The term of your SimPoints license starts when you acquire SimPoints and, subject to this Agreement, ends on the day that your EA Account cancelled, suspended or terminated, or your SimPoints expire as set forth in Sections 10, 13 and 14 of this Agreement.
5. Purchase Process. To purchase SimPoints, (i) follow the instructions on The Sims 3 Store; (ii) sign into your EA Account (or create an EA Account and register your game if you have not done so); (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept this The Sims 3 Store Digital Services Agreement. You will then receive a purchase confirmation email from us.You can add, delete, or edit your account details by selecting “My Store Account” or similar link on www.thesims3.com. Your submission of an order only constitutes an offer by you to purchase SimPoints at the price and terms stated in the order. A copy of the records applicable to your order can be accessed through the confirmation email that you receive after your purchase.
6. Pricing. The price payable by you (the "Price") is the price indicated on the purchase confirmation email that we send you. We reserve the right to change the Price and specifications shown in relation to any of our products or services.If the price or specification published on the applicable website for any products or services is materially incorrect when you place an order for those products or services, we will: (i) contact you by email with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification.If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you. Any and all refunds will be in the same currency as the transaction was made. EA is not liable for fluctuations in exchange rates or handling fees imposed by your payment provider.
7. Payment and Taxes. You may pay for SimPoints either by credit card or by using the services of any alternate billing and payment provider that we identify on The Sims 3 Store. When you acquire SimPoints you agree to pay all taxes that EA assesses on that transaction. Credit cards: If you pay for SimPoints by credit card, then you must supply your credit card details when you place your order.Your credit card will be charged when we issue our purchase confirmation email. We will not supply any products or services to you until your credit card issuer has authorized the use of your card for payment. Alternate payment methods: If you elect to use the services of an alternate billing and payment provider, you will be bound by that provider’s terms & conditions, which are available from the provider.You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. EA Cash Cards: If you have an EA account balance because you used an EA Cash Card to purchase products on an EA site, then you may be required to convert your EA account balance to SimPoints before you can engage in any other transaction via The Sims Online Services.If taxes must be assessed, based on your location, it is possible that you may not have an EA account balance sufficient to purchase the SimPoints bundle that you request. If this is the case, you will not be able to complete the transaction and will be sent back to the purchase page to make a different selection.For example, if you wish to purchase a 1,000 SimPoints bundle for ten dollars using an EA account balance of exactly ten dollars, and you owe taxes to the State of Connecticut on that transaction, then you will not have sufficient funds to complete the transaction for 1,000 SimPoints.
8. Third Party Transaction Fees. You are responsible for all third party fees necessary to complete your transaction, including all credit card fees, handling charges, and other costs imposed by your payment provider. Costs associated with accessing The Sims 3 Store and downloading content depends on your Internet Service Provider.Please see your Internet Service Provider's terms and conditions. If the Euro is not your national currency and the SimPoints are priced in Euros, this transaction will converted to your national currency by your payment provider at its then prevailing currency exchange rate. You payment provider may also charge you a handling fee for processing this currency exchange transaction.
9. Performance of the Contract. SimPoints are available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from EA, you have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the "Cooling Off Period").You will lose your right of withdrawal if the performance of our services has begun before the end of the Cooling Off Period. Please note that if you purchase SimPoints from us, the performance of our services begins immediately after your purchase is confirmed. This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement. You may also have additional rights under applicable law.
10. Use and Expiration of SimPoints. During the term of your license, you have the right to redeem SimPoints for selected The Sims 3 Content. We do not guarantee that any particular item within The Sims 3 Content will be available at all times or at any given time. We do not guarantee that we will continue to offer particular items for any particular length of time. We reserve the right to change and update our inventory of The Sims 3 Content without notice to you.If your EA Account has a SimPoints balance which has not changed for twenty-four (24) months or more, your SimPoints will expire and your account may be cancelled for non-use. Once you have redeemed SimPoints for The Sims 3 Content, that content is not returnable, exchangeable, or refundable for SimPoints or for cash, or other goods or services.
11. The Sims 3 Content. When you acquire The Sims 3 Content, you receive a limited license to use The Sims 3 Content for your personal non-commercial use with your The Sims 3 game. EA reserves all right, title and interest in The Sims 3 Content and all associated copyrights, trademarks, and other intellectual property rights therein.This License is limited to the intellectual property rights of EA in The Sims 3 Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in The Sims 3 Content.
12. SimPoints Availability. SimPoints may only be held in EA Accounts belonging to legal residents of countries where access to and use of The Sims Online Services is permitted. SimPoints may be purchased or acquired only from EA through the means we provide on our website(s) or otherwise expressly authorize. EA reserves the right to refuse your request(s) to acquire SimPoints, and EA reserves the right to limit or block any request to acquire SimPoints for any reason.
13. Cancellation and Suspension. We can cancel or suspend your access to SimPoints, The Sims Online Services or your EA Account, in our sole discretion and without prior notice, if (a) you fail to comply with this Agreement or our Terms of Service; or (b) if we otherwise suspect fraud or misuse of The Sims Online Services, or any other unlawful activity associated with an EA Account membership registered to or used by you.
14. Termination of Services. You agree that EA may stop making SimPoints and The Sims Online Services, or any feature thereof, available, at any time, without any liability to you. If we stop supporting The Sims Online Services, we will provide at least thirty (30) days advance notice to you by posting a notice on The Sims 3 website.
15. Disclaimer of Warranties. THE SIMS ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. EA MAKES NO WARRANTIES WITH RESPECT TO THE SIMS ONLINE SERVICES, THE SIMS 3 CONTENT OR SIMPOINTS. TO THE EXTENT PERMITTED BY LAW, EA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.EA DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE SIMS ONLINE SERVICES, EA ACCOUNTS OR SUPPORTING SYSTEMS AND WEBSITES (COLLECTIVELY, “EA SERVICES”) WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE EA SERVICES WILL BE CORRECTED, OR THAT THE EA SERVICES OR THE SERVERS THAT MAKE THOSE EA SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability. EA SHALL HAVE NO LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE EA SERVICES, THE SIMPOINTS, OR THE SIMS 3 CONTENT EVEN IF EA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL EA’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR SIMPOINTS. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS AGREEMENT LIMITS EA’S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY CAUSED BY EA’S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
17. Reservation of Rights. EA reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of this Agreement or our Terms of Service. Our failure to enforce this Agreement or the Terms of Service in every instance in which we are entitled does not amount to a waiver of EA’s rights.
18. Electronic Contracting. You acknowledge and agree that by clicking the ‘purchase’ (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to our products and services. If you do not consent to receive any notices electronically, you must stop using The Sims Online Services. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.
Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065. EA Swiss Sarl, Place du Molard 8, 1204, Geneva, Switzerland. The Sims is a trademark or registered trademark of Electronic Arts Inc. in the United States and/or other countries.