2. License to use the Activision Web Sites
3. Submissions Policy
Activision has a policy of not accepting ideas, artwork, characters, stories, or any other creative work or concepts (the “Creative Materials”) unless otherwise specifically requested. In accordance with this policy, Activision requests that you do not send any Creative Materials.
All title, ownership, and intellectual property rights in and to the Activision Web Sites (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Activision and/or Activision’s Licensor(s). Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any articles, opinions, photographs, images, video, audio, advertising, trademarks, service marks, logos, trade names, computer code or any other intellectual property (collectively the “Materials”) from an Activision Web Site without the prior written permission of the owner of the property. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Activision’s (and/or its licensor(s)’) copyrights and other proprietary rights. Use of the Materials on any other Web site or other networked computer environment is prohibited without prior written permission from Activision.
5. Bulletin Boards/Postings
The Activision Web Sites may include message boards (the “Message Boards”) which allow visitors to interact with each other by posting messages and/or other content (“Content”). By posting or uploading Content to any Message Board or submitting any other content to Activision, you automatically grant (or warrant that the owner of such rights has expressly granted) Activision a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe, and agree that Activision shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s rights, including, without limitation, any so-called “moral rights”.
Activision will have no responsibility to monitor the Message Boards or any Content posted thereon. However, Activision reserves the right to remove, edit or delete content that Activision, in its sole discretion, determines to be unsuitable for the Message Boards. Each Message Board participant is responsible or liable for any material her or she posts on the Message Board, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Message Boards (the “Content”). Listed below are some, though not all, violations that may result in Activision terminating or suspending your access to a Message Board. You understand that the uploading to and/or posting of any Content in any Message Board shall not be subject to any obligation of confidence on the part of Activision, and Activision shall not be liable for any use or disclosure of any Content. You agree not to do any of the following actions while using any Message Board:
• Harass, threaten, embarrass or cause distress or discomfort upon another Message Board participant, user, or other individual or entity;
• Transmit any Content in any Message Board that Activision considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
• Cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;
• Impersonate in any Message Board any person, including but not limited to, an Activision official, chat or message board leader, guide or host;
• Disrupt the normal flow of dialogue in an Activision chat room or otherwise act in a manner that negatively affects other participants;
• Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Message Boards;
• Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing any Message Board; and
• Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.
When accessing or using the Activision Web Sites, you may be directed to other Web sites that are not affiliated with Activision (the “Unaffiliated Sites”). Activision is not a sponsor of, does not endorse, and is not responsible for the content or availability of any activity or content that takes place on an Unaffiliated Site. Your access of the Unaffiliated Sites is at your own risk.
You may download one (1) copy of those Materials contained on the Activision Web Sites expressly designed for download, provided that you may use such downloaded Materials solely for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use any Activision Web Site materials for public or commercial purposes, including the text, images, audio, and video without Activision’s written permission.
Activision makes available to you certain software that may be downloaded from the Activision Web Sites. Should you download software from an Activision Web Site, the software, including any images, files, or other material incorporated into or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Activision on a non-exclusive and revocable basis. In no event does Activision transfer title to the Software to you. Activision retains full and complete title to the Software, and all intellectual property rights attached thereto. You may not sell, reproduce, redistribute, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Before downloading any Software from an Activision Web Site, you will be notified of the Software’s rating.
From time to time the Activision Web Sites may offer you the ability to enter into sweepstakes contests. These contests are governed by an additional set of rules.
12. Disclaimer of Warranty and Limitation on Liability
THE ACTIVISION WEB SITES, THE MATERIALS AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, AND ACTIVISION EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING THERETO, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACTIVISION DOES NOT WARRANT OR REPRESENT THAT THE ACTIVISION WEB SITES, MESSAGE BOARDS OR SOFTWARE WILL BE AVAILABLE, ACCURATE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES, OR THAT ANY DEFECTS THAT MAY BE CONTAINED THEREIN WILL BE CORRECTED.
IN NO INSTANCE WILL ACTIVISION BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ACTIVISION WEB SITES, THE MATERIALS, OR SOFTWARE, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND/OR DISCLAIMERS, IN WHICH CASE SOME OF THESE WARRANTIES AND/OR DISCLAIMERS MAY NOT BE APPLICABLE TO YOU.
13. Copyright Notice
If you believe that any Content appearing on the Activision Web Sites has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Activision Publishing, Inc.
3100 Ocean Park Boulevard
Santa Monica, California 90405
Attn: Activision Business and Legal Affairs
Fax: (310) 255-2152
The Activision Web Sites are operated by Activision, Inc. and its affiliates, from its offices in the State of California in the United States of America. Activision does not represent that the Activision Web Sites are appropriate for use in other locations. Those who choose to access the Activision Web Sites from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and not the extent local laws are applicable.