This Agreement governs your use of Battlefield Heroes Store and your purchase of Play4Free Funds. "EA Account" for the purpose of this Agreement shall include, but not be limited to a "Battlefield Heroes Account". A "Battlefield Heroes Account" is an EA nucleus account with Battlefield Heroes entitlements only. 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 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 Play4Free Funds on the Battlefield Heroes Store. By selecting the "I Accept" checkbox below, you agree that your use of Play4Free Funds, Battlefield Heroes Store website and all related content is subject to this Agreement.
We may revise this Agreement at any time and the revisions will apply to all subsequent purchases of Play4Free Funds and the subsequent entitlements to content that you receive by using Play4Free Funds. When we revise this Agreement, we change the "Last Updated" date above. Each time you purchase Play4Free Funds you agree that you will review the terms of this Agreement. If you don't agree to the changes, you should stop using the Battlefield Heroes Store.
To use Battlefield Heroes Store, you must have an EA Account and have created a valid Battlefield Heroes account by registering on the Battlefield Heroes website, and activated your Battlefield Heroes Account. Your use of Battlefield Heroes game is governed by the end user license agreement that accompanies that software.
Play4Free Funds can be purchased from the Battlefield Heroes Store via the Battlefield Heroes website. We may also award Play4Free Funds in connection with promotions and as part of Battlefield Heroes tournaments. When you purchase Play4Free Funds you agree to pay taxes that EA assesses on your purchase. By purchasing or otherwise acquiring Play4Free Funds as set out above, you obtain a limited license to access and select from content that we expressly make available on Battlefield Heroes Store (the "Battlefield Heroes Content"). Play4Free Funds have no monetary value and do not constitute currency or property of any type. Play4Free Funds may be redeemed for Battlefield Heroes Content only. Play4Free Funds cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Battlefield Heroes Content. Play4Free Funds are non-refundable. You are not entitled to a refund for any unused Play4Free Funds.
Subject to the terms of this Agreement, your Play4Free Funds license is coextensive with your right to use an EA Account. The term of your Play4Free Funds license starts when you acquire Play4Free Funds and, subject to this Agreement, ends on the day that your EA Account is cancelled, suspended or terminated as set forth in Sections 4, 7 and 8 of this Agreement.
To purchase Play4Free Funds, (i) follow the instructions on the Battlefield Heroes website (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 Battlefield Heroes 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 Account" or similar link on the Battlefield Heroes website. Your submission of an order only constitutes an offer by you to purchase Play4Free Funds 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.
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 and you contact us to inform us of this incorrect information, we will: (i) provide you 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.
You may pay for Play4Free Funds either by credit card or by using the services of any alternate billing and payment provider that we identify on the Battlefield Heroes website. If you pay for Play4Free Funds 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. If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party 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. Costs associated with accessing the Battlefield Heroes Store and downloading content depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.
Play4Free Funds 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"). However, please note that you will lose your right of withdrawal if the performance of the services has begun before the end of the Cooling Off Period. Accordingly, please note that if you purchase Play4Free Funds from us, your right of withdrawal is lost as the performance of our services begins immediately after your purchase is confirmed on the Battlefield Heroes website. This Contract does not confer any rights or remedies upon any person other than the parties to this Contract. You may also have additional rights under applicable law.
During the term of your license, you have the right to redeem Play4Free Funds for selected Battlefield Heroes Content. We do not guarantee that any particular item within Battlefield Heroes 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 Battlefield Heroes Content without notice to you. Once you redeem Play4Free Funds for an item of Battlefield Heroes Content, however, that item is available for use in your Battlefield Heroes game pursuant to the terms on which you acquired it, regardless of whether you can still find it on Battlefield Heroes Store. If you have not used your Play4Free Funds or EA Account for twenty four (24) months or more and your account has a Play4Free Funds balance, your Play4Free Funds shall expire and your account may be cancelled for non-use. Once you -- or we as set forth below -- have redeemed Play4Free Funds for Battlefield Heroes Content, that content is not returnable, exchangeable, or refundable for Play4Free Funds or for cash, or other goods or services.
When you acquire Battlefield Heroes Content, you receive a limited license to use Battlefield Heroes Content for your personal non-commercial use with the Battlefield Heroes game. EA reserves all right, title and interest in Battlefield Heroes Content and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of EA in Battlefield Heroes 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 Battlefield Heroes Content.
Play4Free Funds may only be held in EA Accounts belonging to legal residents of countries where access to and use of the Battlefield Heroes Sore is permitted. Play4Free Funds may be purchased or acquired only from EA through means we provide on our website(s) or otherwise expressly authorize. EA reserves the right to refuse your request(s) to acquire Play4Free Funds, and EA reserves the right to limit or block any request to acquire Play4Free Funds for any reason.
We can cancel or suspend your access to Play4Free Funds, Battlefield Heroes Store 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 Battlefield Heroes Store, or any other unlawful activity associated with an EA Account membership registered to or used by you.
You agree that EA may stop making Play4Free Funds and Battlefield Heroes Store service available, at any time, without any liability to you. If we stop supporting Battlefield Heroes Store, we will provide at least sixty (60) days advance notice to you by posting a notice on Battlefield Heroes website.
BATTLEFIELD HEROES STORE IS PROVIDED ON AN "AS IS" BASIS. EA MAKES NO WARRANTIES WITH RESPECT TO BATTLEFIELD HEROES STORE, THE BATTLEFIELD HEROES CONTENT OR PLAY4FREE FUNDS. 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 BATTLEFIELD HEROES STORE, 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 LIMITEATIONS MAY NOT APPLY TO YOU.
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 PLAY4FREE FUNDS, OR THE BATTLEFIELD HEROES 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 PLAY4FREE FUNDS. 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 LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
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 it is entitled does not amount to a waiver of EA's rights.
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 Battlefield Heroes Store. 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.
© 2009 Electronic Arts Inc. Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065. EA Swiss Sarl, Place du Molard 8, 1204, Geneva, Switzerland Battlefield Heroes is a trademark or registered trademark of Electronic Arts Inc. in the United States and/or other countries.