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ZENIMAX MEDIA TERMS OF SERVICE
These Terms of Service (together with Supplemental Terms, defined below, “Terms of Service” or “Agreement”) govern Your use of and access to Services (defined in Section 1 below) provided by ZeniMax Media Inc., on behalf of itself and its subsidiaries and affiliates (collectively, “ZeniMax”).
If You purchase Services from ZeniMax, and (i) if You reside in North America, South America, or Asia (excluding India), You will be making payments to Bethesda Softworks LLC (“Bethesda”) or (ii) if You reside in any other country, then You will be making payments to, ZeniMax Europe Limited (“ZEL”), a company registered under the laws of England and Wales, with company registration number: 6333300 and with offices at Haymarket House, 28/29 Haymarket, London, SW1Y 4SP (registered address: 1st floor, West Wing, Davidson House, Forbury Square, Reading, Berkshire, United Kingdom RG1 3EU. VAT number: 922 0616 57 (in either case, as such payments are more particularly described in Paid Services in Section 5 below). Do not use the addresses set forth above for withdrawal notices or other queries; instead, please contact ZeniMax Customer Services as described below.
By using any ZeniMax Services, You affirm that (i) You are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where You live) OR You have reviewed this Agreement with Your parent or guardian and he or she assents to these Terms of Service on Your behalf and takes full responsibility for Your compliance with them (You or Your parent or guardian assenting: “You” or “Your”) AND (ii) You are a legal resident of a country where Your access to and use of the applicable Services is permitted. You represent that You are fully able and competent to enter into the terms, conditions, and representations set forth in these Terms of Service, and You agree to abide by and comply with them.
These Terms of Service contain a Dispute Resolution And Arbitration Provision in Section 15, including a Class Action Waiver that affects Your rights under these Terms of Service with respect to disputes You may have with ZeniMax if You reside in a jurisdiction outside of the EEA/Norway/Switzerland that permits class actions or other collective disputes. You may opt out of the binding individual arbitration and class action waiver as provided below in Section 15.
Check zenimax.com/legal_terms.htm periodically for new information and terms that govern Your use of ZeniMax Services. ZeniMax may modify these Terms of Service at its sole discretion at any time, by posting the revised version at zenimax.com/legal_terms.htm or upon other notice to You. Unless otherwise noted, revisions to terms shall be effective immediately and You will need to agree to the revised terms before You continue using any Services. By continuing to use the Services or our websites, You agree to any revised terms. If You do not agree to the revised Terms of Service and/or revised Supplemental Terms, You must discontinue further use of any of the Services, contact Customer Services at support.bethsoft.com or 855-296-3170 or 410-220-2890, and cancel all of Your Account(s) or subscription(s).
Except for payment services in Europe, which relate to ZEL, or as otherwise provided by law, these Terms of Service are between You and ZeniMax Media Inc. and none of ZeniMax Media Inc.’s subsidiaries or other affiliates, including without limitation Bethesda and ZEL, shall have any obligations or liability under or related to these Terms of Service.
Table of Contents
1......... Services; Your Account(s)
2......... Content; User-Generated Content; Downloadable Content and Virtual Items
3......... Limited License to Use
4......... Beta Tests
5......... Paid Services
6......... Availability of Services and Content; Game Maintenance, Patches, Updates; Termination of Services
7......... Your Right to Cancel Your Account
8......... Rules of Conduct
9......... Your Use of the Services
10....... Third Party Sites and Products
11....... Disclaimer of Warranty
12....... Limitation of Liability; Limited Remedies
14....... Termination of Your Account by ZeniMax
15....... Dispute Resolution and Arbitration
16....... Unsolicited Materials
17....... Intellectual Property Infringement
18....... General Terms
19....... Entire Agreement
20....... Notice to California Residents
1. Services; Your Account(s)
ZeniMax offers a range of services on PC, Mac, IoS devices, and mobile devices, including, but not limited to: (i) Content (defined in Section 2), (ii) other products or services that You install or play, including, but not limited to, ZeniMax’s computer and console entertainment software game(s) (collectively, “Game(s)”), (iii) software, including, but not limited to, third-party software (“Software”), and (iv) related services, such as downloading and uploading media, forums, and additional features (together with Content, Games and Software collectively referred to as “Services”).
Certain Services may require the creation of an account ("Account(s)"). To create an Account, You must have a valid email address and be eligible to use the Service for which You are registering. You must provide truthful and accurate information, and update such information to keep it true, accurate, current and complete. During the registration process, You may be required to create a password. ZeniMax has the right to restrict, suspend, or terminate Your Account and refuse any and all current or future use of Services if ZeniMax reasonably believes that such information is untrue, inaccurate, not current, or incomplete.
Some Services may require creation of a user name, such as a “UserID”, “Display Name”, “Character Name” or “Guild Name” to represent You in the Services, and which are tied to Your Account (collectively, “user name(s)”). You may not select the name of another person, any third party’s trademark, copyright, or other intellectual property infringement, any name that could mislead other players to believe You to be an employee of ZeniMax or affiliated companies, or any name that ZeniMax deems in its sole discretion to be vulgar, offensive, or otherwise violates the Terms of Service. ZeniMax reserves the right, in its sole discretion, (a) to delete or alter any user names tied to an Account; and (b) to restrict, suspend or terminate Your access to any Service or license granted to You, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
By creating an Account, You agree that You do not own the Account, any user names created on the Account, any content stored or associated with an Account (such as digital and/or virtual assets, achievements, virtual currency, and other Downloadable Content), or related data associated with the Account.
Accounts are non-transferable under any circumstances. You have sole liability for all activities on Your Account and/or under Your user names. You may be held liable for losses incurred by ZeniMax or other third parties due to someone else using Your Account or password. Your Account or certain features of Your Account may be restricted, suspended, and/or terminated if someone else uses Your Account to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You agree to notify ZeniMax immediately of any unauthorized use of Your Account, user name, password, or any other breach of security.
Do not reveal Your Account password to others. ZeniMax employees will not ask You to reveal Your password. You provide Your password only during automatic Account Services, such as during the log-on process, or if You initiate a “Forgot Password” request to obtain security questions.
SECTION 12 OF THESE TERMS OF SERVICE INCLUDE PROVISIONS THAT MAY AFFECT YOUR ABILITY TO COLLECT DAMAGES FROM ZENIMAX IF (I) YOU HAVE A DISPUTE WITH ZENIMAX AND (II) YOU RESIDE IN A JURISDICTION WHERE PROVISIONS EXCLUDING OR LIMITING LIABILITY ARE ENFORCEABLE.
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights. Exposure to certain patterns or backgrounds on a computer, television or other screen, or while playing video games, may induce epileptic seizures or blackouts in these individuals. These conditions may induce previously undetected epileptic symptoms, blackouts, or seizures in persons who have no history of prior seizures or epilepsy. If You, or anyone in Your family, have an epileptic condition, have had seizures of any kind, or seizure symptoms, consult a doctor prior to using the Services or playing any Game. If You experience any of the following symptoms while playing any Game, immediately discontinue use and consult Your physician before resuming play: dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, any involuntary movement, or convulsions.
Any use, reproduction, modification or distribution of Services, including, but not limited to, Games, Content, Software, or any other intellectual property not expressly authorized by the Terms of Service or by an authorized representative of ZeniMax in writing is strictly prohibited.
Not all features, products, or Services offered or provided are available to all persons who try to register or in all geographic locations. ZeniMax reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or Service to any person or geographic area.
Any offer for any feature, product or Service is void where such Services are prohibited. You are solely responsible for complying with applicable laws with respect to the Services that You access and use.
2. Content; User-Generated Content; Downloadable Content and Virtual Items
- Content Generally
"Content" includes technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, animation, animation-style video, content, pictures, video, code, files, data, characters (and items and attributes associated with characters), and all audio visual or other material appearing on or emanating to and/or from the Services, as well as the design and appearance of any websites under ZeniMax’s control. All Content made available by ZeniMax, unless explicitly identified as third party content, is owned by ZeniMax, its affiliates or their licensors.
You may not copy or download any Content from a Service unless You are expressly authorized to do so by ZeniMax in writing. You acknowledge and agree that You shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Content for commercial uses unless You obtained the express written consent of an authorized representative of ZeniMax. For clarification purposes, “derivative works based upon” Services and/or Content are works that are substantially similar, both in ideas and expression to Services and/or Content. Therefore, if You or someone else creates a work and it is likely to bring to mind either or both Services (such as a Game) and Content, then it is likely that such work is a derivative work and as such may not be used for commercial purposes.
- User-Generated Content
Content includes user-generated Content ("UGC"). UGC includes, but is not limited to, Account personas, user names, forum posts, chat posts, customer service chats, communications, images, sounds, or other suggestions, ideas, notes, feedback, concepts or other information concerning the Services whether at ZeniMax’s specific request or despite ZeniMax’s request that You not do so (such as Unsolicited Materials as described in Section 16). UGC also includes material and information that is contributed by You or by any other person using the Services. ZeniMax does not pre-screen UGC and does not endorse or approve any UGC that You and other users may contribute to the Services. You are solely responsible for Your UGC and may be held liable for UGC that You post.
You may not submit any UGC that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property rights, including, but not limited to, privacy and publicity rights, unless You own those rights free and clear or have written permission from their rightful owner to post and to grant all of the described license rights to ZeniMax. Unless otherwise prohibited by applicable law or regulation, by submitting UGC or creating UGC on any portion of the Services, You acknowledge and agree that all UGC is the sole property of ZeniMax and You hereby assign and agree to assign to ZeniMax all such UGC submitted by You. To the extent that ZeniMax cannot claim exclusive ownership rights in such UGC by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law You hereby expressly grant (or You warrant that the owner of such UGC has expressly granted) to ZeniMax and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferrable, sublicenseable right and license to exercise all rights of any kind or nature associated with such UGC in all formats and medium, whether existing now or in the future, and You agree not to assert or enforce any moral or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known. You further grant each user of the Services a non-exclusive license to access UGC and to use, reproduce, distribute, display and perform such UGC as permitted through the Services, including, but not limited to, Game functionality.
ZeniMax reserves the right (but has no obligation except as required by law) to REVIEW, remove, block, edit, move or disable UGC for any reason, with or without notice, and HAS no liability of any kind WITH RESPECT TO UGC, including WITHOUT LIMITATION when ZeniMax determines that UGC violates THE TERMS OF SERVICE. The decision to remove UGC or other Content at any time is in ZeniMax's sole and final discretion. To the maximum extent permitted by law, ZeniMax does not assume any responsibility or liability for UGC or for ITS removal or FOR any failure to or delay in removing, UGC or other Content.
- Downloadable Content, Achievements, and Other Virtual Items
Content also includes Content that is downloaded or downloadable from any website under ZeniMax’s control (“Downloadable Content”). Downloadable Content includes, but is not limited to, licensed rights granted, awarded, and/or provided to You to access and/or use online or off-line elements or features of certain Services as well as Game updates, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements, virtual or fictional currency, video trailers, Game screenshots, and/or Game-related wallpapers. Downloadable Content may be free, redeemable, and/or purchased. Downloadable Content may only be held in Accounts belonging to legal residents of countries where access to and use of the Services and Downloadable Content is permitted. Except as granted in a Game’s EULA, ZeniMax hereby grants to You a limited, non-exclusive, personal, non-transferable license to use, view and display Your Downloadable Content.
Once You have redeemed Your Downloadable Content, that Content is not returnable, exchangeable, or refundable for other Content or for cash, other goods or services unless approved by ZeniMax or required by applicable law; for example, if ZeniMax downloaded the wrong Content to You, You may be entitled to a refund. Unless otherwise specified by ZeniMax in writing and unless otherwise prohibited by applicable law, Downloadable Content expires upon the earlier of (a) the closure of an Account, or (b) the later of one hundred and eighty (180) days past (i) the most recent Account login by You or (ii) the end of Your subscription for the applicable Service if such subscription is not renewed.
You agree that You have no ownership right or title in or to any such Downloadable Content, including, but not limited to, the virtual goods or currency appearing or originating in the Services (such as a Game(s)) or any other attributes associated with any Account or Services. ZeniMax does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in a Service or a Game(s). Accordingly, You may not sell, and You may not assist others in selling, Service(s), in-Game items or currency for “real” money, or exchange those items or currency for value outside of the Services. Evidence of any attempt to redeem Downloadable Content for a purported exchange, sale, gift or trade in the “real world” will result in the immediate suspension or termination of Your Account.
You acknowledge and agree that all virtual items represent a limited license right for Your personal, private, non-commercial, non-transferable, and limited use governed by the Terms of Service and are not redeemable for any sum of money or monetary value from ZeniMax at any time. ZeniMax reserves the right to refuse Your request(s) to acquire Downloadable Content, and reserves the right to limit or block any request to acquire Downloadable Content for any or no reason.
This Section 2 shall survive the termination of this Agreement.
3. Limited License to Use
Subject to the terms of this Agreement and Your compliance with all of its terms and conditions, ZeniMax grants to You, for Your personal and private use only, a non-exclusive, revocable, nontransferable license to use Services as set forth in this Agreement.
You may not (a) distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer any Game, Software, and/or Content, including without limitation any access keys; (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works based upon any Services; (d) otherwise use any Services except as expressly provided in this Agreement; (e) copy or download any Software or Content unless the Content is Downloadable Content or You are otherwise expressly authorized to do so in writing by ZeniMax; and/or (f) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any Services. Any commercial use is prohibited absent written permission by an authorized representative of ZeniMax.
ZeniMax actively enforces its intellectual property rights to the fullest extent of the law. If You are found to engage or facilitate the engagement of infringing and/or illegal activity, including, but not limited to, making unauthorized copies and/or distributing Services, ZeniMax may in its sole discretion restrict, suspend, or terminate Your Account or Your access to some or any Services, and/or pursue further legal action against You. Please note that these activities may constitute civil wrongs and/or criminal offenses and ZeniMax reserves the right to take such action as appropriate in the circumstances. You agree to reimburse ZeniMax for any liabilities, damages, losses, costs and expenses incurred by or suffered by ZeniMax arising from or related to any attempted or actual unauthorized or illegal conduct by You, or through the use of Your Account as more particularly described in Section 13.
ZeniMax reserves title to the Services and all rights to any Services not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret, and other proprietary rights and interests. Your use of Services is subject to the intellectual property rights of ZeniMax and except for the express licenses granted in the first paragraph of this Section 3, ZeniMax does not grant You any licenses or rights to patents or other intellectual property. Content, Software and Games are licensed, not sold, to You.
All Services and all intellectual property rights in the Services are owned by ZeniMax or its licensors and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
With the exception of the first paragraph of this Section 3, this Section 3 shall survive the termination of this Agreement.
4. Beta Tests
In its sole discretion, ZeniMax may contact You to review and evaluate, or playtest, one or more Games, aspects of Games, or online features prior to commercial release for the purpose of identifying program errors and obtaining feedback. You will be asked to provide to ZeniMax certain feedback and suggestions regarding Your evaluation of the Game(s) or feature(s). Your participation is subject to these Terms of Service and other applicable Supplemental Terms, such as a non-disclosure agreement.
By accepting our invitation and playtesting the Game and/or features, You also agree that to the extent permitted by law: (i) playing an unreleased Game is at Your own risk and You understand that the Game(s) and/or Game(s) features may include known or unknown bugs, (ii) any value or status indicators that You achieve through any playtest may be erased at any time, including, but not limited to, upon commercial release; and (iii) ZeniMax has no obligation to make these Game(s) or features available, or available without charge or to fix errors or bugs identified by You.
Beta Test accounts are non-transferable under any circumstances.
5. Paid Services
Some Services require payment of a fee. You must have an Account and pay the applicable fees to participate in those Services. For information about subscription and other fees for particular Services, visit Your particular Service’s product page or Customer Services at support.bethsoft.com.
FEES ARE PAYABLE IN ADVANCE AND, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ARE NOT REFUNDABLE IN WHOLE OR IN PART.
ZeniMax reserves the right to change the fees or billing methods at any time upon notice to You through Your Account. If You pay a periodic (e.g., monthly) subscription for a Service, ZeniMax will provide You with at least thirty (30) days advance notice of any such changes. Your continued use of the Service thirty (30) days or more after ZeniMax provides such notice of the changes means that You accept such changes. If any change is unacceptable to You, You may cancel Your subscription at any time, but ZeniMax will not refund any fees or prorate fees for any subscription. Depending on the country where You reside, including if You live in the EEA, Norway, Switzerland or Australia, the law may require different provisions to apply which will be specified when You subscribe and/or in the specific notice provided to You.
If Your use of the Services is subject to applicable governmental charges (including but not limited to sales tax, value added tax (VAT), goods and service tax (GST) or other taxes), then You will pay for those charges. Your total price may include such charges or such governmental charges may be separately identified from Your Paid Service(s) fees as shown during the payment process. Failure to invoice You for any such charges does not relieve You of the liability to pay such charges.
As the Account holder, You are responsible for all charges incurred on Your Account, including, but not limited to, applicable taxes, and all purchases made by You or anyone that uses Your Account, including, but not limited to, Your family or friends.
- Payment Options for Your Services.
- Subscribers in North America, South America, or Asia (excluding India). If You reside in North America, South America, or Asia (excluding India), You must pay fees using the payment methods made available by ZeniMax for the particular Service (the “Payment Methods”) and You agree to the terms and conditions applicable to each Payment Method You choose. Payment Methods may vary by Service and the terms of Your subscription will be in Your Account details. When You provide credit card or other Payment Method information to Bethesda, You represent to Bethesda that You are the authorized user of the credit card or other Payment Method. You must provide current, complete, and accurate information for Your billing account. You must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify Bethesda if Your credit card or other Payment Method is canceled (for example, for loss, theft, or expiration). Changes to Your Payment Method information can be made by contacting Customer Services at support.bethsoft.com.
You may choose automatic renewal of Your subscription. If You choose this option, You have agreed to permit Bethesda to automatically charge Your credit card, bank card, debit card or other Payment Method associated with Your Account for an automatic renewal of Your current subscription preferences to the applicable Service. You may cancel at any time by revising Your selection in Your Accounts page, or contacting Customer Services at support.bethsoft.com. In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account. Your subscription will automatically renew on the expiration date of the then-current subscription term that You previously subscribed to, at a fee no greater than Bethesda’s then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your subscription. If You have subscribed for an automatic subscription renewal, You agree that Bethesda may continue charging You on an automatic recurring basis for Your current subscription preferences unless You cancel Your subscription at least thirty (30) days prior to the expiration of the subscription. If You have subscribed for an automatic subscription renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your subscription expires, You will not be able to resume Game play or any paid Services usage without updating Your Payment Method information. Bethesda reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by You to Bethesda. Customers who use a third party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew subscriptions.
- All Other Subscribers of All Territories Not Specified Above. If You reside outside North America, South America, or Asia (excluding India), You must pay fees using the payment methods made available by ZeniMax for the particular Service (the “Payment Methods”) and You agree to the terms and conditions applicable to each Payment Method You choose. Payment Methods may vary by Service and the terms of Your subscription will be in Your Account details. When You provide credit card or other Payment Method information to ZEL, You represent to ZEL that You are the authorized user of the credit card or other Payment Method. You must provide current, complete, and accurate information for Your billing account. You must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify ZEL if Your credit card or other Payment Method is canceled (for example, for loss, theft, or expiration). Changes to Your Payment Method information can be made by contacting Customer Services at support.bethsoft.com.
You may choose automatic renewal of Your subscription. If You choose this option, You have agreed to permit ZEL to automatically charge Your credit card or other Payment Method associated with Your Account for an automatic renewal of Your current subscription preferences to the applicable Service. You may cancel at any time by revising Your selection in Your Accounts page, or contacting Customer Services at support.bethsoft.com. In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account. Your subscription will automatically renew on the expiration date of the then-current subscription term You previously subscribed to at a fee no greater than ZEL’s then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your subscription. If You have subscribed for an automatic subscription renewal, You agree that ZEL may continue charging You on an automatic recurring basis for Your current subscription preferences unless You cancel Your subscription at least thirty (30) days prior to the expiration of the subscription. If You have subscribed for an automatic subscription renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your subscription expires, You will not be able to resume Game play or any paid Services usage without updating Your Payment Method information. ZEL reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by You to ZEL. Customers who use a third party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew subscriptions.
- Digital Merchandise and Merchandise Purchases.
In addition to the above, the following terms apply to pricing of and payment for any digital goods and in-game consumables (“booster packs”, free-to-play games, digital goods outside of any Game (such as a wallpaper, or a character outfit), and digital downloads of other products) (collectively, “Merchandise”). Unless otherwise noted, any Merchandise You purchase is automatically downloaded and will be applied to Your Account or Game(s) upon purchase. The prices for Merchandise displayed for such items are subject to change at any time without notice.
- Early Game(s) Access/Trial Subscriptions.
For some Services, ZeniMax may offer You early access to a Game and/or a trial subscription. Such Services may require You to sign up for an Account and/or a subscription under the terms described above. If You accept a free trial subscription for a Game that requires a subscription, and the trial period expires, You will not be able to resume Game play or any paid Services usage without updating Your information and/or purchasing the paid subscription Services. ZeniMax is under no obligation to notify You in advance of the free trial subscription expiring and You will be responsible for all charges incurred. Trial subscriptions are not transferable.
6. Availability of Services and Content; Game Maintenance, Patches, Updates; Termination of Services
ZeniMax does not guarantee that any Services will be available at all times, in all countries and/or geographic locations, at any given time, or that it will continue to offer any particular Services for any particular length of time. Except as prohibited by applicable law, ZeniMax reserves the right to change and update Content without notice to You. ZeniMax also reserves the right to refuse Your request(s) to acquire Content, and to limit or block any request to acquire Content, including, but not limited to, Downloadable Content, for any reason.
ZeniMax may patch, update, or modify at any time with or without notice to You. Notwithstanding the foregoing, ZeniMax has no obligation to make available any patches, updates or modifications or correct any errors or defects in the Services. ZeniMax makes no guarantees about the persistence or availability of any user names or other personas at any time and assumes no liability for lost or deleted Account data. Except as prohibited by applicable law, You agree that ZeniMax will not be liable for any interruption of the Services, delay or failure to perform, any loss of Content (including, but not limited to, User-Generated Content and Downloadable Content), and/or Account data (including, but not limited to, Character data) resulting from any causes whatsoever. ZeniMax reserves the right to offer new Services, change and/or discontinue certain Services at any time in its sole discretion.
Except as prohibited by applicable law, ZeniMax may restrict, suspend, or terminate Your access to some or any Services at any time. Should ZeniMax make a material change to the Services, it will provide You notice within the time period specified when You joined the particular Service, or if no time period for notice of material changes was specified, then within thirty (30) days of the date such notice is either (at ZeniMax’s discretion) provided to You via email or is posted on the applicable product or ZeniMax Service or on Your “My Account” section.
In response to a violation of these Terms of Service, ZeniMax may issue You a warning, suspend or restrict certain features of Your Account (including, but not limited to, user names), selectively modify or remove or revoke Downloadable Content at an Account and/or device level, immediately terminate any and all Accounts that You have established and/or temporarily or permanently ban Your Account, device, and/or machine from accessing all or certain Services.
ZeniMax may terminate Your access to the Services (i) for violation of these Terms of Service, (ii) if ZeniMax, in its sole discretion, deems that Your information is untrue, inaccurate, not complete or incomplete; (iii) Your use of such Services infringes on or is suspected to infringe on another’s rights or any intellectual property; (iv) that You or Your Account reflects inappropriate content and/or violates these Terms of Service. Any and all Content (including, but not limited to, Software, Content, and Downloadable Content) will be considered forfeit immediately in the event of any cancellation, closure, or termination of Your Account by ZeniMax.
If ZeniMax terminates an Account, it may terminate other Accounts that share the same characteristics, such as the name on the account, email address, mailing address, Internet Protocol address, or credit card number or other Payment Method. ZeniMax reserves the right to use any means necessary and permitted under applicable law to identify and terminate Accounts.
You acknowledge that in such circumstances, ZeniMax is not required to provide You notice before taking action to restrict, suspend or terminate Your access to or use of Services, and/or Your Account. If ZeniMax terminates Your Account, You may not use any Service again without ZeniMax's express written permission. ZeniMax reserves the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by ZeniMax to use Your Account.
If Your Account, or a particular subscription for a Service associated with Your Account, is terminated or suspended and/or if any Downloadable Content is selectively removed, revoked or garnished from Your Account and/or if Your device is temporarily or permanently banned from accessing some or all of the Services, no refund will be granted, no Downloadable Content will be credited to You or converted to cash or other forms of reimbursement, and You will have no further access to Your Account or Downloadable Content associated with Your Account or the particular Service except where any action has been taken against Your Account or device in error. If You believe that any action has been taken against Your Account or device in error, please contact Customer Services at support.bethsoft.com.
7. Your Right to Cancel Your Account
You have the right to cancel Your Account or a particular subscription to a Service at any time. Additional cancellation terms in respect of a particular subscription may be specified when You subscribe, in Your Account information, or in notices for subscription renewals.
Contact ZeniMax's Customer Service at support.bethsoft.com to cancel Your Account or subscription to a Service.
ZeniMax reserves the right to collect fees, applicable governmental charges (including sales tax, value added tax (VAT), goods and service tax (GST) and other taxes), or costs incurred before You cancel Your Account or a subscription to a Service. You are also responsible for any amounts owed to third-party vendors or content providers before Your cancellation. Any delinquent or unpaid fees and other unresolved issues must be settled before You establish a new Account.
8. Rules of Conduct
Except as prohibited by applicable law, ZeniMax has the right, in its sole discretion, to modify, restrict, suspend, or terminate Your access to the Services. As noted above, this could result because (i) Your information is untrue, inaccurate, not complete or incomplete; (ii) Your activities infringe on or are suspected to infringe on another’s rights or any intellectual property; (iii) ZeniMax in its sole discretion determined that You or Your Account reflects inappropriate content; or (iv) You or activities taken under or with Your Account violate the Terms of Service. Other Supplemental Terms pertaining to Your Service and/or Game, such as a Code of Conduct, provide guidance on behavior that ZeniMax deems to be inappropriate and specify restrictions on Your Account, Your use of the Game, or Your participation in the Services.
You agree not to use any Service to:
- Take any action or upload, post, transmit, promote, or distribute any illegal content, including, but not limited to, User Generated Content;
- Take any action or upload, post, transmit, promote, or distribute any content that infringes or violates any third party rights;
- Engage in, take any action associated with, or participate in any type of child solicitation, grooming behavior, pedophilia, or predatory behavior in any form.
- Harass, stalk, threaten, embarrass, spam or do anything else to another user of any Services that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.;
- Take any action or upload, post, transmit, distribute, or communicate Your or any person’s real-world personal information;
- Impersonate any person or entity, including, but not limited to, ZeniMax, ZeniMax’s partners’ or affiliates’ employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Take any action, organize, transmit any content, effectuate or participate in any activity, group, or guild that is harmful, tortuous, abusive, hateful (including “hate speech”), racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, libelous, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or is, in a reasonable person's view, objectionable and/or deemed to be in the sole discretion of ZeniMax inappropriate;
- Promote, upload, transmit, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items. In an effort to continuously improve the Services, You and other players discovering exploits, cheats, cracks or other inconsistencies are required to report them to ZeniMax;
- Take any action or upload, post, transmit, promote, or distribute any content that may contain a Trojan horse, virus, worm, spyware, time bombs, cancelbots, corrupted data or other computer programs that You do not own or have permission to freely distribute that may damage, interfere with, intercept, expropriate or disrupt the Services, including, but not limited to, any Game(s), personal information, or confidential or proprietary information;
- Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of the Services. Examples of disruptive behavior include, but is not limited to, conduct which interferes with the normal flow of gameplay or dialogue within a Service, vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text], commercial postings, solicitations and advertisements, posting advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Attempt to get a password, Account information, or other private information from anyone else. As a reminder, ZeniMax employees will never ask You to reveal Your password.
ZeniMax may report certain incidents to law enforcement and other authorities, including, but not limited to, disclosing Account information, in the good faith belief that it is required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when it deems it necessary or appropriate to disclose certain information to law enforcement and other authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of these Terms of Service and/or Supplementary Terms; to respond to any claims; or, to protect the rights, property, or personal safety of ZeniMax, our customers, or the public.
Unless otherwise specified, there is no requirement or expectation that ZeniMax will monitor or record any online activity on the Services. ZeniMax reserves the right, but is under no obligation to monitor communications within, through or across the Services, such as in-Game or on forums. ZeniMax also reserves the right to access and/or record any online activity on the Services, and You give ZeniMax Your express consent to access and record Your activities. This includes, but is not limited to, Your consent to access, record, and turn over any online activity where ZeniMax believes that disclosure is necessary to comply with the law, to combat fraud and/or comply with a judicial proceeding, court order, or legal process served on ZeniMax or to comply with an order from a government entity or other competent authority, or when ZeniMax has reason to believe that a disclosure is necessary to address potential or actual injury or interference with ZeniMax’s, Your, or another user’s rights, property, or operations, or to protect others who may be harmed or may suffer loss or damage.
You agree that in its sole discretion and without notice, ZeniMax may remove content from any Service, take whatever steps it deems necessary to abridge or prevent behavior of any sort in Services, including, but not limited to, in any Game(s). ZeniMax has no liability for Your or any third party's violation of this Agreement.
If You encounter another user who is violating a code of conduct, please report this activity to ZeniMax by contacting ZeniMax Customer Service at support.bethsoft.com. If You are in-Game, You can report an issue using an in-Game help feature where applicable or You may contact Customer Service directly at firstname.lastname@example.org.
9. Your Use of the Services
You further agree not to access, create, or provide any other means through which the Services, including, but not limited to, any Game(s), may be used or accessed by others, such as through server emulators.
You may not participate, take part in, initiate, or engage in actions that impose an unreasonable or disproportionate load on the infrastructure hosting the Game(s) and/or Services.
You agree not to use any hardware or software or any other method of support that is not authorized by ZeniMax or that may in any way influence or advantage Your playing abilities, or influence or advantage Your use of the Services. Third party tools, the use of ‘bots’, “speed hacks”, “deep-link”, “page-scrape”, “robot”, “spider”, algorithm or other programs that copy or monitor any part of the Services (including, but not limited to, the Game(s) and/or forums), software that transmits, manipulates, or distributes (including, but are limited to, “mirroring”) the data stream or any aspect of the Services to another computer, server websites or other publication or distribution media, or software that permits You to use Services without human input are examples of methods not authorized by ZeniMax.
You acknowledge that You do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for certain Content (such as Game(s)), except as authorized in writing by an authorized ZeniMax representative. You may use the Software to the extent expressly permitted by this Agreement and the EULA.
Please note that a violation of these terms of service may constitute civil wrongs and/or criminal offenses and ZeniMax reserves the right to take such action as zenimax in its sole discretion deems appropriate in the circumstances.
ZeniMax in its sole discretion may implement various forms of filtering, blocking, or monitoring of IP addresses, MAC addresses or proxies used to use, play or access the Services, including without limitation blocking or filtering measures that restrict Your ability to use, play or access the Services. ZeniMax in its sole discretion may restrict access or certain features or Services to any person, territories or geographic areas.
10. Third Party Sites and Products
Services may be linked to unaffiliated third-party websites or applications, such as social networking, blogging and other third-party websites (collectively, “Third Party Sites”). Some of these third-party websites permit You to log in using their existing account and credentials. Certain Services may allow You to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities in connection with the Services to be shared with Your contacts in Your Third-Party Site account. In certain situations, You may be transferred to a Third Party Site through a link but it may appear that You are still using the Services. These Third Party Sites might require You to comply with the terms and conditions, user’s guides and privacy policies of such Third Party Sites.
Some of these web sites may charge separate fees, which are not included in any subscription or other fees that You may pay under these Terms of Service. Any separate charges or obligations that You incur in Your dealings with third parties and Third Party Sites are Your responsibility and may subject You to additional or different terms and restrictions. You are always responsible for any internet service provider, telephone, wireless and other connection fees that You may incur when using any Services.
ZeniMax provides access to the Third Party Sites to You as a convenience, and ZeniMax does not verify, make any representations or warranties or take responsibility for any such Third Party Sites. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ZENIMAX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. ZENIMAX DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY SITES OR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OFFERED BY THIRD PARTIES THROUGH ZENIMAX OR ANY THIRD PARTY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF THIRD PARTY SITES OR GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OF THIRD-PARTIES.
This Section 10 shall survive the termination of this Agreement.
11. Disclaimer of Warranty
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZENIMAX DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE. EACH SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR YOUR SUBSCRIPTION TO THE SERVICE. AS NOTED IN THIS AGREEMENT, WHEN YOU CANCEL YOUR ACCOUNT OR SUBSCRIPTION TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW REQUIRES A REFUND BE GIVEN.
IN SOME COUNTRIES, CERTAIN WARRANTIES MAY AUTOMATICALLY ARISE OR APPLY UNLESS THESE WARRANTIES ARE DISCLAIMED. ZENIMAX AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL SUCH WARRANTIES EITHER EXPRESS, IMPLIED OR STATUTORY, IF AND TO THE EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ALL SERVICES AND ALL IMPLIED WARRANTIES THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
IF YOU ARE RESIDENT IN THE EEA, NORWAY, SWITZERLAND OR AUSTRALIA, THERE ARE CERTAIN GUARANTEES, WARRANTIES TERMS AND CONDITIONS, IMPOSED BY LAW RELATING TO THE SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT WHICH THE LAW EXPRESSLY PROVIDES MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED, INCLUDING THE CONSUMER GUARANTEES UNDER APPLICABLE CONSUMER LAW ("STATUTORY OBLIGATIONS"). THE PROVISIONS OF THIS SECTION 11 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS.
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. ZENIMAX DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. ZENIMAX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ZENIMAX WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
IN STATES OR JURISDICTIONS THAT PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN WARRANTIES, ZENIMAX SHALL DISCLAIM AND EXCLUDE WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THE DURATION OF ANY SUCH WARRANTY THAT MAY NOT BE DISCLAIMED SHALL BE FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW.
THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
12. Limitation of Liability; Limited Remedies
- General Information. THE LAWS IN MANY JURISDICTIONS ALLOW ZENIMAX TO LIMIT ITS LIABILITY FOR DAMAGES. THIS SECTION LIMITS ZENIMAX’S LIABILITY. HOWEVER, THIS SECTION 12 ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW ZENIMAX TO LIMIT ITS LIABILITY IN CERTAIN CIRCUMSTANCES, THEN THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO THOSE CIRCUMSTANCES.
IF YOU ARE RESIDENT IN THE EEA, NORWAY, SWITZERLAND OR AUSTRALIA, THE PROVISIONS OF THIS SECTION 12 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS.
- Limited Remedy. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ZENIMAX OR ITS LICENSORS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ANY SERVICE IS TO STOP USING OR ACCESSING THE SERVICE AND CANCEL YOUR ACCOUNT.
- No Liability for Conduct, Communications or Content. YOU AGREE THAT ZENIMAX, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR IN THE SERVICES.
- Liability Cap. IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF ZENIMAX OR ITS AFFILIATES, LICENSORS, LICENSEE, content providers, AND distributors AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, contractors, agents, OR vendors, (COLLECTIVELY, “ZENIMAX AFFILIATES”) FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE, ANY SERVICE, OR YOUR USE OF ANY SERVICE EXCEED USD$100.00.
- Direct Damages. ZENIMAX WILL COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE YOU CAN SHOW THAT YOU HAVE SUFFERED AS A RESULT OF (I) ZENIMAX’S FAILURE TO CARRY OUT ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE TO A REASONABLE STANDARD OR (II) ZENIMAX’S BREACH OF ANY DUTIES IMPOSED ON ZENIMAX BY LAW (INCLUDING, BUT NOT LIMITED TO, IF ZENIMAX CAUSES DEATH OR PERSONAL INJURY BY ZENIMAX’S NEGLIGENCE), UNLESS THE FAILURE OR BREACH IS ATTRIBUTED TO:\u2219(I) YOUR OWN FAULT;\u2219(II) A THIRD PARTY UNCONNECTED WITH ZENIMAX’S PERFORMANCE OF THIS AGREEMENT (FOR INSTANCE PROBLEMS DUE TO OTHER USERS OF THE SERVICES, COMMUNICATIONS NETWORK PERFORMANCE, CONGESTION, AND CONNECTIVITY OR THE PERFORMANCE OF YOUR COMPUTER EQUIPMENT); OR (III) ANY OTHER EVENTS WHICH NEITHER ZENIMAX, ZENIMAX AFFILIATES, OR SUPPLIERS COULD HAVE FORESEEN OR FORESTALLED EVEN IF ZENIMAX OR THEY HAD TAKEN REASONABLE CARE. AS THE SERVICES ARE FOR CONSUMER USE ONLY, ZENIMAX AND ZENIMAX AFFILIATES WILL NOT BE LIABLE FOR ANY BUSINESS OR COMMERCIAL LOSSES OF ANY KIND OR NATURE, SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.
OTHER THAN AS PROVIDED IN THE FOREGOING PARAGRAPH AND CONSISTENT THEREWITH, ZENIMAX AND ZENIMAX AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR CONTENT, DAMAGE CAUSED TO YOUR SOFTWARE, COMPUTER, MOBILE DEVICE OR OTHER HARDWARE, DATA BREACH AND SECURITY BREACH), REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, INCLUDING WITHOUT LIMITATION THEORIES OF BREACH OF CONTRACT, TORT AND NEGLIGENCE, AND WHETHER OR NOT ZENIMAX HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- Application. THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL APPLY EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS OF SERVICE FAILS OF ITS ESSENTIAL PURPOSE.
THIS SECTION 12 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
If (i) You misuse any Service or breach this Agreement; (ii) You improperly or illegally use a Service or Your Account, including without limitation, the use of Your Account by anyone other than Yourself; or (iii) any contributions, actions or omissions by You in connection with Your use of Services, including without limitation any UGC You contribute, results in ZeniMax incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees and court costs), then You agree to reimburse ZeniMax and its affiliates and other participants of the Services from all such liabilities, damages, losses, costs and expenses.
If a third party sues ZeniMax for any of (i) – (iii) above, ZeniMax reserves the right to control the defense and settlement of such third party lawsuit, and You agree to reimburse ZeniMax for the cost of the defense, including, but not limited to, reasonable and documented attorneys’ fees.
This Section 13 shall survive termination of this Agreement.
14. Termination of Your Account by ZeniMax
ZeniMax reserves the right to restrict, suspend or terminate this Agreement and Your Account as provided in these Terms of Service including without limitation restricting, suspending or terminating any licenses, and/or access to one or more of the Services.
In addition, ZeniMax reserves the right to restrict, suspend or terminate this Agreement and Your Account immediately and without notice to You if (i) You breach this Agreement, (ii) infringe or violate any third party rights, including without limitation third party intellectual rights, (iii) if ZeniMax is unable to verify or authenticate any information You provide to ZeniMax, or (iv) upon Your use of Services, for any other activity whatsoever that is, in ZeniMax’s sole discretion, unlawful, inappropriate and/or in violation of the spirit of these Terms of Service or a Service, including without limitation Your actions in a Game(s) or forums.
Upon ZeniMax’s decision to restrict, suspend, or terminate this Agreement, You will lose access to Your Account.
15. Dispute Resolution and Arbitration
If You reside in the EEA/Norway/Switzerland, then only this first paragraph of this Section 15 will apply to You. ZeniMax will try and solve any disagreements that arise between You and ZeniMax promptly and efficiently. You and ZeniMax may agree to refer any disputed matter to resolution proceedings other than in a court but You and ZeniMax are not restricted from bringing court proceedings at any time.
If You reside outside the EEA/Norway/Switzerland, then the terms below in this Section 15 apply to You.
This Section 15 facilitates the prompt and efficient resolution of any disputes that may arise between You and ZeniMax. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Section 15 (as explained below), which means You would retain Your right to file a lawsuit and litigate Your disputes in a court, either before a judge or jury. Certain of the terms below in this Section reference “class actions” or “other collective disputes.” If You reside in a jurisdiction that does not permits class actions or other collective disputes, such terms will not apply to You.
Please read this Section carefully. It provides that all Disputes (defined below) between You and ZeniMax shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise expressly provided in this Section 15 or applicable law, entering into this Agreement constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including, but not limited to, attorneys’ fees). The arbitrator may not award damages disclaimed by these Terms of Service.
For the purpose of this Section 15, “ZeniMax” collectively refers to ZeniMax, its subsidiary and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between You and ZeniMax regarding or related to any aspect of Your relationship with ZeniMax, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes, but not limited to, the validity, enforceability or scope of this Section 15 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND ZENIMAX EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS SECTION 15.
- Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, You must first give ZeniMax an opportunity to resolve the Dispute. You must commence this process by mailing written notification to ZeniMax Media Inc., Attn: Legal, 1370 Piccard Drive, Suite 120, Rockville, MD 20850 USA. That written notification must include (1) Your name, (2) Your address, (3) a written description of Your Dispute, and (4) a description of the specific relief You seek. If ZeniMax does not resolve the Dispute within 45 days after receipt of Your written notification, You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, You or ZeniMax may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out by mailing written notification to ZeniMax Media Inc., Attn: Legal, 1370 Piccard Drive, Suite 120, Rockville, MD 20850 USA. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on Your relationship with ZeniMax. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your Dispute in arbitration or small claims court.
- Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either You or ZeniMax may initiate arbitration proceedings. If You reside in North America, the American Arbitration Association (“AAA”), www.adr.org, will arbitrate all Disputes. If You do not reside in North America, the International Centre for Dispute Resolution (“ICDR”), www.adr.org/icdr, will arbitrate all Disputes. The arbitration will be conducted in English before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including, but not limited to, the scope of this Section 15 and any alleged ambiguities in this Section 15.
- In Disputes before the AAA, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply for Disputes of less than $75,000, the AAA’s Commercial Arbitration Rules will apply for Disputes involving $75,000 or more, and in either instance the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The ICDR’s rules will apply to Disputes before that entity. AAA and ICDR rules are available at www.adr.org and www.adr.org/icdr or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
- Because the Services and this Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
- Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and these Terms of Service, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration. If You reside in North America, You or ZeniMax may initiate arbitration in either Rockville, Maryland, USA or the judicial district that includes the address You provide in Your written notification of Pre-Arbitration Claim Resolution. In the event that You select the judicial district that includes the address You provide in Your written notification of Pre-Arbitration Claim Resolution, ZeniMax may transfer the arbitration to Rockville, Maryland, USA in the event that it agrees to pay any additional fees or costs You incur as a result of the transfer, as determined by the arbitrator. If You do not reside in North America, the arbitration shall take place in London, England or Sydney, Australia as requested by You.
- Payment of Arbitration Fees and Costs. ZeniMax will pay all arbitration filing fees and arbitrator’s costs and expenses upon Your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if You provide notice and negotiate in good faith with ZeniMax as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
- Class Action Waiver. Except as otherwise provided in this Section 15, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and ZeniMax specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
- Jury Waiver. You understand and agree that by entering into this Agreement You and ZeniMax are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Section 15, You and ZeniMax might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Severability. If any clause within this Section 15 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 15, and the remainder of this Section 15 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 15 will be unenforceable and the Dispute will be decided by a court.
- Continuation. This Section 15 shall survive the termination of this Agreement and Your use of the Services.
16. Unsolicited Materials
ZeniMax has an established policy not to accept or consider any unsolicited material, ideas or suggestions of any nature whatsoever. Please do not send us any unsolicited materials, as they will not be considered by anyone at ZeniMax. Any unsolicited materials sent will be treated as non-confidential, and ZeniMax will not be liable for any use or disclosure of such unsolicited material.
If You do send any creative materials, including, but not limited to, feedback, creative suggestions, error corrections, ideas, notes, drawings, fan art, storylines, music, concepts, data, or other content that is not UGC, transmitted via the Services, websites, U.S. Postal Service, Fed-Ex, mail, electronic mail or otherwise (collectively “Information”), such creative materials and communications shall to the fullest extent permitted by law be deemed to be the property of ZeniMax and You hereby assign and agree to assign to ZeniMax ownership of all such Information. None of the Information shall be subject to any obligation of confidence on the part of ZeniMax and ZeniMax shall not be liable to You for any use or disclosure of any Information. ZeniMax shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use and exploitation of the Information for any purpose whatsoever, commercial or otherwise, without compensation to, or approval by, You.
17. Intellectual Property Infringement
ZeniMax respects the intellectual property rights of others, and require that those who use any Services do the same. ZeniMax will terminate the Account of any user who is responsible for any or repeated acts of intellectual property infringement. You may not, and by using the Services You agree not to, use the Services to transmit material: (i) that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or (iii) that infringes on any Intellectual Property Rights, as defined below, of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
If You believe that any Content appearing on the Services has been copied in a way that constitutes copyright infringement, please send a written communication that includes the following information to the Copyright Agent named below (please consult Your counsel and/or see Section 512(c)(3) of the Digital Millennium Copyright Act):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ZeniMax Media Inc.
1370 Piccard Drive
Rockville, Maryland 20850
Attn: Legal Department
If You believe that any Content appearing on the Services has been used in a way that constitutes any infringement or misappropriation of Intellectual Property Rights other than copyright infringement, please send a written communication following the above procedures that describes the purported infringement or misappropriation.
ZeniMax will notify You if it removes or disables access to copyright-protected material that You provide, if such removal is pursuant to a valid DMCA take-down notice that ZeniMax has received. If You receive such notice from ZeniMax, You may provide ZeniMax with a counter-notification in writing to ZeniMax’s designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which ZeniMax may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
ZeniMax may, but is not obligated to, follow similar procedures if it removes or disables any Content that purportedly constitutes infringement or misappropriation of any Intellectual Property Rights other than copyrights.
18. General Terms
- No Third Parties Have Rights or Remedies. You agree that these Terms of Service (including without limitation the Supplementary Terms) and ZeniMax’s enforcement of these Terms of Service, are not intended to confer and do not confer any rights or remedies upon any person other than You and ZeniMax.
- Severability. Except as specifically provided in Section 15 above, if any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of these Terms of Service shall remain in full force and effect.
- Waiver. The failure of ZeniMax to exercise or enforce any right or provision of these Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in a writing signed by ZeniMax.
- Governing Law.
- For residents of North America, this Agreement and all Disputes (as defined in Section 15 above) shall be governed by the laws of the State of Maryland, USA, excluding its conflicts of laws rules and principles that would result in another State or country’s laws applying to this Agreement or any Disputes.
- If You reside outside of North America, then this Agreement and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country’s laws applying to this Agreement or any Disputes.
19. Entire Agreement
If there is any conflict between the Terms of Service, a EULA and any Supplemental Terms, the terms and conditions shall govern Your use and access of the Services in the following order of precedence:
(A) with respect to any specific Game: (i) the EULA for that Game; (ii) the Code of Conduct for that Game (if any); (iii) the applicable beta agreement; (iv) any applicable nondisclosure agreement, (v) the Terms of Service, and
20. Notice to California Residents
Pursuant to Cal. Civil Code § 1789.3, please note that (a) ZeniMax is located at 1370 Piccard Drive, Suite 120, Rockville, Maryland 20850, (b) the fees and charges for Services vary depending on the services selected by You, and (c) if You have a complaint regarding any Services or desire further information on use of any Services, visit ZeniMax's Customer Services web pages at support.bethsoft.com or 855-296-3170 or 410-220-2890. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
Bookmark zenimax.com/legal_terms.htm and visit this site regularly for updates to ZeniMax Terms of Service.
last updated 01/29/2014