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`Exhibit 18
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`

`
`Activision | Terms of Use
`Case 1:15-cv-00228-RGA Document 7-18 Filed 03/31/15 Page 2 of 23 PageID #: 894
`Support
`LOGIN SIGN UP
`
`TERMS OF USE
`
`19 October 2012
`
`IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO
`BINDING ARBITRATION AND A WAIVER OF CLASS ACTION
`RIGHTS AS DETAILED IN SECTION 22
`PRODUCT LICENSE AND SERVICE AGREEMENT (the "Agreement")
`
`You agree that your use of this Activision website, application for mobile phone or tablet ("App"),
`Account (as defined below), service or other property (including Service and/or Service Provided
`Content as defined below) operated and provided to you by Activision, or other software provided to you
`by Activision, including any patches, updates, and downloadable content associated with any App or
`other software (collectively "Product" or "Products") which posts, links to, or otherwise incorporates this
`Agreement, shall be subject to the terms of this Agreement.
`All rights not expressly granted to you are reserved by Activision and its licensors.
`Use of the Product is also subject to acceptance of Activision's Privacy Policy.
`Please read and review both this Agreement and the Privacy Policy before using this Product. If you do
`not agree with or wish to accept the terms of either this Agreement or the Privacy Policy then please do
`not use the Product. By using this Product you agree to be bound by this Agreement and the Privacy
`Policy and represent you satisfy all of the eligibility requirements below.
`
`
`1. ELIGIBILITY
`1. In order to use certain Products you may be required to:
`meet minimum age requirements - see Sections 1 and 8
`agree to Third Party Terms - see Section 13
`open an Account operated and provided by Activision - see Section 8
`
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`Activision | Terms of Use
`Case 1:15-cv-00228-RGA Document 7-18 Filed 03/31/15 Page 3 of 23 PageID #: 895
`2. Subject to any applicable Product age ratings, restrictions and Account requirements, Products are
`made available to individuals aged 13 or older. If you are aged 13 but under 18 years of age, you and
`your parent or guardian must review this Agreement and the Privacy Policy together. Parents/ guardians
`are jointly and severally liable for all acts (including purchases and payments for Service Provided
`Content) and omissions of their children aged under 18 years when using a Product. Activision
`recommends that parents and guardians familiarize themselves with parental controls available on
`Devices they provide to their child and accompany their child if aged under 13 years of age when online.
`
`
`2. ACCESS AND COSTS
`You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet
`or other connection charges, required to access and use the Product. Activision makes no warranty that
`the Product can be accessed on all personal computers, games consoles, smartphones, tablets or other
`devices (each, a "Device", or in the plural, "Devices"), by means of any specific Internet or other
`connection provider, or in all countries.
`YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE
`PRODUCT.
`
`
`3. LICENSE
`1. Activision grants you a personal, limited, non-exclusive license to use the Product for your non-
`commercial use. To the fullest extent permitted by applicable law, this license granted to use the Product
`is non-transferable. You may not rent, lease, lend, sell, redistribute or sublicense the Product. You may
`not copy (except as expressly permitted by this license and any other applicable terms, conditions, or
`usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify,
`or create derivative works of the Product, any updates, or any part thereof (except as and only to the
`extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by
`the licensing terms governing use of any open sourced components included with the licensed
`application). You may not remove or alter Activision or its licensors trademarks or logos, or legal notices
`included in the Product or related assets. Any attempt to use the Product in breach of the terms of this
`Agreementis a violation of the rights ofActivision and its licensors. If you breach the terms of this
`Agreement, you may be subject to prosecution and damages. The terms of this Agreement will govern
`any upgrades provided by Activision that replace and/or supplement the Product, unless such upgrade is
`accompanied by a separate (and/or updated) agreementin which case the terms of that agreement will
`govern.
`
`2. If the Product is an App then unless expressly authorised by Activision in writing installation and use
`is restricted to an authorised Device; and you are prohibited from making a copy of the App available on
`a network where it could be used or downloaded by multiple users.
`
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`3. The license rights granted to you herein are also subject to the limitations set forth below. Any use of
`the Product in violation of these limitations is a material breach of the Agreement, subjects you to
`immediate revocation of your license, and will be regarded as an infringement of Activision's copyrights
`and other rights in and to the Product. You agree that you will not, under any circumstances:
`
`
`A. use, develop, host or distribute cheats, automation software (bots), modded lobbies, hacks,
`mods or any other unauthorized third-party software in connection with the Product, or engage in
`any form of cheating, boosting, or booting;
`
`B. exploit or reverse engineer the Product (or any of its parts), for any commercial purpose,
`including without limitation (a) to enable use at a cyber cafe, computer gaming center or any other
`location-based site without the express written consent of Activision; (b) for gathering in-game
`currency, items or resources for sale outside the Product; (c) performing in-game services in
`exchange for payment outside the Product, e.g., power-leveling; or (d) the sale of accounts, log-in
`information, or other Product materials, access, or rights;
`
`C. use any unauthorized third-party software that intercepts, "mines", or otherwise collects
`information from or through the Product;
`
`D. except as authorized by Activision in writing, host, provide or develop matchmaking services
`for the Product, or intercept, emulate or redirect the communication protocols used by Activision in
`any way, for any purpose, including without limitation unauthorized play over the internet, network
`play, or as part of content aggregation networks;
`
`E. facilitate, create or maintain any unauthorized connection to the Product, including without
`limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the
`Product; and (b) any connection using programs or tools not expressly approved by Activision in
`writing;
`
`F. violate any applicable law or regulation in connection with your use of Product;
`
`G. disrupt or assist in the disruption of: (i) any computer, device or server used to support the
`Product; or (ii) any other player's use of a Product. ANY ATTEMPT BY YOU TO DISRUPT THE
`PRODUCT OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF
`CRIMINAL AND CIVIL LAWS;
`
`H. interfere or attempt to interfere with the operation of the Product in any way through any
`means or device including, but not limited to, launching a denial of service attack, spamming,
`hacking, or uploading computer viruses or time bombs; or
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`I. reproduce, distribute, display, transfer or use any part of the Product except as expressly
`authorized by Activision.
`
`4. SERVICES
`Separate from any license to use the intellectual property of Activision or its licensors set out in Section 3
`above, some Products also contain game features or content that are only accessible through online
`hosting and/or other online services and functionality provided by Activision ("Services"). As detailed in
`Section 2, you will provide Internet access necessary to use these services at your own cost and
`expenses. All such Services are provided to you by Activision on a personal, non-commercial and non-
`transferable basis. All such Services are provided subject to the terms of this Agreement and Activision's
`Privacy Policy.
`
`5. USE OF DATA
`FOR FULL DETAILS ABOUT HOW ACTIVISION COLLECTS, STORES AND USES PERSONAL AND
`OTHER INFORMATION, PLEASE SEE THE APPLICABLE PRIVACY POLICY
`(HTTP://WWW.ACTIVISION.COM/LEGAL/PRIVACY-POLICY).
`1. YOU ARE RESPONSIBLE FOR REVIEWING, AND AGREE TO REVIEW, ACTIVISION'S PRIVACY
`POLICY AND THE PRIVACY POLICIES OF APPLICABLE THIRD PARTIES LISTED IN THE
`ACTIVSION PRIVACY POLICY THAT MAY COLLECT INFORMATION VIA THIS PRODUCT. IF YOU
`DO NOT WISH TO REVIEW THOSE PRIVACY POLICIES OR IF YOU ARE CONCERNED ABOUT
`THE INFORMATION THEY MAY COLLECT, PLEASE DO NOT USE THE PRODUCT.
`
`6. USER GENERATED CONTENT
`1. The Product may include message boards, content sharing features, and other means by which you
`and other users may share content that you create ("UGC"). To the fullest extent permitted by applicable
`law, by submitting any UGC (including without limitation, images, videos, customer service submissions,
`idea submissions, suggestions and message postings) you automatically grant (or represent and 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 UGC or incorporate such UGC 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 UGC for any purpose whatsoever, commercial or
`otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or
`similar rights you may have in any of your UGC. If you are validly using the Product from outside the
`United States of America or the United Kingdom then Activision may be required to request you to enter
`into a separate license agreement permitting Activision to use the UGC for certain promotional,
`administrative or other purposes.
`2. To the extent the Product permits other users to access and use your UGC, you also grant all other
`users of the Product the right to use, copy, modify, display, perform, create derivative works from, and
`otherwise communicate and distribute your UGC on or through the Product without further notice,
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`attribution or compensation to you.
`3. You represent and warrant that any UGC you provide (i) does not and will not violate any third party
`intellectual property rights and/or any other person's rights, including, without limitation, any so-called
`"moral rights"; and (ii) its use as contemplated herein does not and will not require the payment of any
`royalty or any consideration to a third party. You may not upload or post any UGC that infringes the
`copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC
`that violates any third party's right of privacy or right of publicity, or may require the payment of a royalty
`or other consideration to a third party. Each user is responsible and liable for any UGC her or she places
`on or through the Product, including the transmission, posting, or other provision of text, files, links,
`software, photographs, video, sound, music or other information or material. You may only upload your
`own UGC to the Product; do not upload anyone else's UGC.
`4. Activision has no obligation to monitor, approve, verify, or prescreen any UGC that you and other
`users may contribute to or through the Product. Activision reserves the right (but has no obligation) to
`remove, block, edit, move or disable UGC for any reason in Activision's sole discretion. To the maximum
`extent permitted by applicable law, Activision does not assume any responsibility or liability for your
`UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall
`not hold Activision liable for any loss or damage arising from the contents of any UGC (yours or another
`user's) including without limitation in respect of any defamation, harassment, or false endorsement
`claims.
`5. Listed below are some, though not all, violations that may result in Activision terminating or
`suspending your access to the Product and/or restricting your ability to access and/or post UGC. You
`agree not to do any of the following actions while using the Product:
`A. Harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or
`other individual or entity;
`B. Transmit any UGC that Activision considers to be disruptive, unlawful, harmful, threatening,
`abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or
`otherwise objectionable;
`C. Impersonate any person or entity, including but not limited to Activision;
`D. Disrupt normal Product functionality, or otherwise act in a manner that negatively affects other
`participants and/or the overall Productexperience;
`E. Post or transmit any unsolicited advertising, promotional materials, or any other forms of
`solicitation;
`F. Intentionally or unintentionally violate any applicable law, regulation or treaty while using or
`accessing the Product;
`G. Post multiple posts of the same content (e.g., "spam"); or
`H. Invade the privacy or violate or infringe any right of any person or entity, including, without
`limitation, any intellectual property right.
`6. ACTIVISION DOES NOT ENDORSE, OR GUARANTEE THE ACCURACY, EFFICACY OR
`VERACITY OF, ANY UGC GENERATED BY USERS.
`7. Some Products may permit you to share certain information about yourself with the public, including
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`people who may not be registered users of the Product, and the public may access and use that
`information and associate it with you. You acknowledge and confirm that you have no expectation of
`privacy when using such Product features, including without limitation, uploading or submitting UGC;
`comparing your statistics, personal bests and leaderboards against other users; searching for other
`users by username; discovering events that other users have signed up for, and linking to social media
`accounts that publicly display user information. For example, by logging into your social media accounts
`from Products where this functionality is enabled, you agree that, subject to the privacy settings applied
`by you to your social media accounts and subject to Activision's Privacy Policy, Activision may link and
`display your gameplay information, including your gamertag and/or username, with your social media
`account information, including, by way of example, your name and the names of your friends also using
`the Product. See Section 8.5 below for further details.
`
`7. COPYRIGHT NOTICE
`1. Activision respects the intellectual property rights of others and expects its players and the users of
`its services to do the same. If you believe that any content appearing in the Product and/or UGC has
`been copied in a way that constitutes copyright infringement, please forward the following information to
`the Copyright Agent named below.
`
`2. Please be aware that to be effective, your copyright infringement notification must comply with the
`Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. § 512(c)(3) of the
`DMCA or consult with an attorney prior to sending a notice hereunder.
`
`3. To file a copyright infringement notice, you will need to send a written communication that includes
`the following to the address listed below:
`
`
`A. Your name, address, telephone number, and email address;
`
`B. A description of the copyrighted work that you claim has been infringed;
`
`C. The exact URL or a description of where the alleged infringing material is located;
`
`D. 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;
`
`E. An electronic or physical signature of the person authorized to act on behalf of the owner of
`the copyright interest; and
`
`F. 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.
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`Activision Publishing, Inc.
`3100 Ocean Park Boulevard
`Santa Monica, California 90405
`Attn: Activision Business and Legal Affairs
`Fax: (310) 255-2152
`E-Mail: legalaffairs@activision.com
`
`
`4. Please note that the DMCA provides that you may be liable for damages (including costs and
`attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that
`the information provided in your copyright infringement notice may be provided to the person
`responsible for the allegedly infringing material.
`
`8. ACTIVISION ACCOUNTS (including Accounts for "Call of Duty Elite")
`YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. YOU
`SHOULD NOT REVEAL YOUR ACCOUNT PASSWORD TO OTHERS.
`
`1. REGISTRATION
`If the Product requires you to provide registration information, all such requirements to provide
`information are subject to both this Agreement and the Activision Privacy Policy which are incorporated
`by reference hereintogether with any other Third Party Terms. You have the option of providing such
`information or not. However, should you choose not provide the information, your access to the Product
`may be limited or non-available. If you do decide to provide us with the requested information, you
`represent and warrant that you will provide only true, current and accurate information. You agree not to
`impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
`From time to time, you may be asked to confirm your registration information (such as your email
`address) to continue using the Product; if you choose not to do so, your access to the Product may be
`restricted or terminated
`2. ELIGIBILITY
`You affirm that you are at least the age specified in any applicable age rating or restriction specified for
`the Product, and are fully able and competent to enter into the terms, conditions, obligations,
`representations and responsibilities set forth in this Agreement, and to abide and comply with this
`Agreement.
`Subject to any applicable age ratings or other restrictions, you may establish an Account only if (i) you
`are 18 years of age and a "natural person" in your country of residence, or (ii) if your parent or guardian
`reads and accepts the terms of this Agreement and the Activision Privacy Policy on their and your behalf
`if you are aged 13 or over but under 18 years of age. Corporations, limited liability companies,
`partnerships and other legal or business entities may not establish an Account. Individuals prohibited by
`Activision from using the Product may not create or use an Account, and doing so and may result in
`severe civil and criminal penalties. By accepting this Agreement, you hereby represent and warrant that
`you meet these eligibility requirements.
`3. PARENTS AND GUARDIANS
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`You agree that you will be responsible for all uses of the Account by your child whether or not such uses
`were authorized by you. Nothing herein limits Activision's rights to suspend, terminate or delete any
`Account.
`
`Skylanders Universe Accounts do not collect personally identifying information (such as names or
`addresses) and are not subject to an age restriction but do require the consent and approval of a parent
`or guardian who must agree and accept via email confirmation the terms of this Agreement and the
`Activision Privacy Policy on behalf of their child as part of the Skylanders Universe Account registration
`process.
`4. ACCOUNT SUSPENSION/TERMINATION
`ACTIVISION MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME
`FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU, TO THE FULLEST
`EXTENT PERMITTED BY APPLICABLE LAW. For purposes of explanation and not limitation, many
`Account suspensions, terminations and/or deletions may be the result of violations of this Agreement.
`5. SOCIAL MEDIA
`If you are a registered user of social media sites you may be able to connect your social media account
`and your Activision Account (if your applicable Activision Account has this functionality enabled). If you
`do this, you may use your social media data to enable you to find your social media "friends", and your
`"friends" can use their social media data to find you, on your Activision account.
`If you connect your Facebook account to an Activision Account, such as Call of Duty Elite or Activate,
`your Facebook friends will be able to associate your screen name on your Activision Account with your
`real name on your Facebook account when they use the Facebook "friends" feature. Your social media
`accounts are subject to their own Third Party Terms (in relation to Facebook see also Facebook's
`Statement of Rights and Responsibilities which can be found on Facebook's website). You acknowledge
`and agree that your social media account provider (including without limitation Facebook) is not
`responsible for your Activision Account, including for any liability connected to your use of your
`Activision Account, and that irrespective of whether you use an anonymous gamertag or username, once
`connect your Activision Account to your social media account, your real name will be available and
`viewable by your social media "friends". Please also see Activision's Privacy Policy for additional
`information on social networks.
`6. USERNAMES AND GROUP DESIGNATIONS:
`Depending on which Productand platform (e.g console or mobile phone operating system) you are using,
`your username on the platform may be your username in the Activision account. Additionally, some
`Activision accounts may allow users to form different "clans", "squads", "teams", or other groups
`(collectively "groups") with unique group names. When you choose a username or a group name, or
`otherwise create a label that can be seen by other users, you must abide by the following guidelines as
`well as the rules of common decency. If Activision finds such a name to be offensive or improper, it may,
`in its sole and absolute discretion, change or remove the name, and/or suspend or terminate your use of
`the service. In particular, you may not use any name:
`A. Belonging to another person with the intent to impersonate that person, including without
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`limitation any Product administrators or any other employee or agent of Activision;
`B. That incorporates vulgar language or which is otherwise offensive, defamatory, obscene,
`hateful, or racially, sexually, ethnically or otherwise objectionable;
`C. That is subject to the rights of any other person or entity without written authorization from that
`person or entity;
`D. That belongs or refers to a popular culture figure, celebrity, media personality, icon or
`persona;
`E. That is, contains, or is substantially similar to a trademark or service mark, whether registered
`or not;
`F. Belonging to any religious figure or deity; or
`G. Related to drugs, sex, alcohol, or criminal activity.
`You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed
`above, nor can you have a "first" and "last" name that, when combined, violate the above name
`restrictions.
`
`To the fullest extent permitted by applicable law, you are responsible for all use of your Account. You
`must notify Activision immediately of any unauthorized use of your username, password, account
`information, or any other breach of security that you become aware of relating to your Account. Such
`notification should be made via the Customer Support web page at www.support.activision.com.
`7. CERTAIN CALL OF DUTY ELITE TERMS
`A. Without limiting the terms contained herein, your use of the Call of Duty Elite Product is also
`governed by the Call of Duty Software License Agreement ("SLA") that accompanies the games
`for which the Product is enabled. The SLA governs your use of the game, and this Agreement
`governs your use of Call of Duty Elite, regardless of the platform on which you use Call of Duty
`Elite (e.g. console, online, mobile, etc.). Your use of Call of Duty Elite is also governed by, and
`conditional upon, your having a valid console ID online account with Call of Duty multiplayer
`functionality, and compliance with such account's own terms of service.
`
`
`
`B. From time to time Call of Duty Elite may offer you the ability to enter into contests and
`sweepstakes. These contests and sweepstakes are governed by specific rules and a code of
`conduct (which are incorporated by reference into this Agreement), which will be posted in
`connection with the applicable contest, sweepstakes or elsewhere on Call of Duty Elite. Your
`participation in a contest or sweepstakes is conditioned upon your acceptance of those terms. For
`select contests and sweepstakes, Activision reserves the right to limit the quantity of prizes a
`participant may win during a certain period of time.Before participating in a contest or
`sweepstakes, it is your responsibility to carefully review the applicable rules and enlistment
`information for such contest or sweepstakes to confirm whether you are eligible to win the
`applicable prizes. Winners who are ineligible or unable to claim or use their prizes are not entitled
`to any substitute prizes or accommodations. Eligibility for contests and sweepstakes may be
`restricted to participants of the same age or older than the age rating applicable to the relevant
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`supported Call of Duty game (e.g. Call of Duty: Black Ops II rated ESRB 17 for the United States
`of America; PEGI 18 for the European Union (excluding Germany); USK 18 for Germany; ACB 15
`for Australia). For participants from eligible countries without any applicable age ratings system,
`Activision may apply a minimum age requirement of 18 years of age in line with the PEGI and USK
`age ratings. Minimum age requirements will be specified prior to the point of entry of the applicable
`contest or sweepstakes and will form a condition of entry to that contest or sweepstakes.
`Availability, frequency and eligibility of contests and sweepstakes shall be at Activision's sole
`discretion and is subject also to local laws and restrictions.
`
`
`
`
`
`C. By joining a Call of Duty Elite clan, you agree that your clan leader is authorized to enter your
`clan in one or more contests, such entry to be made on behalf of the clan and all of its individual
`members.
`
`D. Remember to take frequent breaks when you engage in contests, play any Activision games
`and use Call of Duty Elite.
`
`9. SERVICE PROVIDED CONTENT
`1. "Service Provided Content" consists of those materials provided to Product users (with or without an
`Account as applicable) such as unlockable content, virtual assets, codes, achievements, etc. You
`understand that while at times you may "earn" "buy" or "purchase" "Service Provided Content"; you do
`not in fact own or have any property interest in the "Service Provided Content" and the price of any
`"Service Provided Content" does not refer to any credit balance of real currency or its equivalent.
`Rather, unless otherwise specified in or with a specific item of Service Provided Content (e.g., in an end
`user license agreement and/or click-through agreement), any Service Provided Content that you receive
`is licensed to you as set out on Section 3 and subject to all other terms of this Agreement and
`Activision's Privacy Policy.
`
`2. Activision does not recognize the transfer of Accounts or Service Provided Content. You may not
`purchase, sell, resell, lend, rent, gift, trade or otherwise transfer any Account or Service Provided
`Content, or offer to purchase, sell, resell, lent, rent, gift, trade or otherwise transfer any Product account
`or materials, and any such attempt shall be null and void.
`
`3. You may not sell the Product or Service Provided Content, including but not limited to in-game
`items or currency for "real" money, or exchange those items or currency for value outside of the
`Product.
`
`4. Upon termination of any Account, the Agreement, or license, you acknowledge and agree that, to
`the fullest extent permitted by applicable law, you shall retain no access or control over any aspect
`thereof.
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`10. CONSENT TO MONITOR
`1. Communications made using a Product should not be considered private. Activision may monitor
`and/or record your communications (including without limitation chat text) when you are using a Product,
`and you hereby provide your irrevocable, express consent to such monitoring and recording. You
`acknowledge and agree that you have no expectation of privacy concerning the transmission of any
`UGC or communications, including without limitation chat text or voice communications. Because voice
`chat and other communications may be viewed and/or heard by other users, users should avoid
`revealing any personally identifiable information.
`
`2. Additionally, Activision may, with or without notice to you, disclose your Internet Protocol (IP)
`address(es), personal information, chat logs, and other information about you and your activities: (a) in
`response to a request by law enforcement, a court order or other legal process; or (b) if Activision
`believes that doing so may protect its own rights and property or your safety or the safety of others
`
`11. SUPPORT
`If you have a complaint regarding the Product or desire further information on use of a Product, visit
`Activision's Customer Support web pages atwww.support.activision.com.
`
`12. TERMINATION.
`The license granted under this Agreement is effective until terminated by you or Activision. Your rights
`under this Agreement will terminate automatically without notice from Activision if you fail to comply with
`any term(s) of this Agreement or applicable Third Party Terms. Upon termination of the license, you
`shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
`Activision reserves the right to terminate this Agreement without cause on immediate written notice.
`Activision's maximum liability to you in the event of such termination shall be limited to the amount paid
`by you to and received by Activision for the Product in the immediately preceding twelve (12) months.
`
`13. THIRD PARTIES
`The Product may enable, or require, access to other third party materials, services or web sites ("Third
`Party Materials"). Use of Third Party Materials may require additional terms of service.
`
`You understand that by using any Third Party Materials you may encounter content that may be deemed
`offensive, indecent, or objectionable. You agree (i) to use Third Party Materials at your sole risk; (ii) that
`Activision shall not have any liability to you for Third Party Materials; (iii) Activision i