Terms of Use for UbiWorld

These Terms of Use (the « Terms ») govern all visit or other use by you of the website UbiWorld.com (the « Site ») and of any service proposed by Ubisoft Inc. (« Ubisoft ») or its partners on the Site (together, the “Service”). The fact that you are using all or part of the Service represents your full acceptance of the Terms and of the other warning messages that you may encounter from time to time when using the Service, and your commitment to fully abide by their terms and conditions. PLEASE READ CAREFULLY THE TERMS AND ESPECIALLY THE TERMS OF SECTIONS 3 (RULES FOR USING THE SERVICE), 4 (MINORS), 5 (INTELLECTUAL PROPERTY), 6 (LIMITATION OF UBISOFT’S LIABILITY) AND 7 (YOUR RESPONSABILITY. TERMINATION) BEFORE ANY USE OF THE SERVICE. IF YOU DO NOT FULLY AGREE WITH THE TERMS, YOU ARE NOT AUTHORISED TO USE THE SERVICE AND YOU NEED TO LEAVE THE SITE AT ONCE. Ubisoft reserves the right to change the provisions of the Terms at any moment without notice to you. Your use of the Service will be governed by the version of the Terms available on the Site when you make such use.

1. Service Description

The Service is specifically directed to internet users in the United States of America. However, internet users worldwide who accept to comply with the Terms can use the Service. Access to certain features available within the Service requires registration. You need to have or create an UbiWorld account as explained below in order to have full access to the Service. You can access the Service free of charge. Ubisoft may however decide to offer new content, features or services or which may be subject to payment. In this case, the content, features or services in question will be clearly identified as such on the Site. All charges for the telephone and Internet connection required to access the Service are at your charge.

2. Account

Access to most features of the Service is subject to registration. Whenever you are about to use such a feature, you will be invited to log in or, if you do not have an account with UbiWorld (the “Account”), you will be guided through the sign up process to create an Account.

The data that you provide to Ubisoft to create your Account and, as applicable, within the Service will be processed by Ubisoft in accordance with our Privacy Policy.

You undertake and warrant that all information that you provide when creating your Account and at any time when you use the Service is precise, accurate, complete and up to date.

For protection reasons and in order to fight all possible frauds, Ubisoft can require from you to provide by e-mail, fax or regular mail appropriate authorizations and supporting documents, including a copy of your national identification document or passport. 

The user name chosen by you, or, if you are under 13, the user name attributed to you by the sign in system, as well as the password that you choose when creating your Account, are personal and are specifically associated by Ubisoft to your Account to provide you with access to the Service. You have to keep your password in strict confidence, under your sole responsibility, and not disclose it to anyone.

YOU ACKNOWLEDGE AND ACCEPT THAT YOU, AND YOU alone WILL BE RESPONSIBLE FOR THE ACCESS TO YOUR ACCOUNT, THE DATA OR ACTIVITIES ASSOCIATED WITH YOUR ACCOUNT AND ALL USE OF THE SERVICE CONDUCTED BY, THROUGH OR WITH YOUR ACCOUNT. Consequently:

(i)   You accept the fact that you will be held responsible for all use, in connection with your Account, of false or misleading information within the Service, and that Ubisoft reserves the right to bring any action on criminal or civil liability against you to have you discontinue any breach of the Terms and obtain all compensation for the damages suffered by Ubisoft, its partners or any other third party as a direct or indirect result of such violation.

(ii)   If you or anyone else using your Account breach all or part of the Terms, Ubisoft reserves the right to delete your Account, which would result in your inability to fully use the Service and in the loss of all information and assets (including Ubi Points) that may be associated to your Account at the time when such measure is taken.

If you have reasons to believe that anyone else than you had access to your password or has by any other means accessed your Account, you undertake to immediately inform Ubisoft of such event. Ubisoft will at its sole discretion generate a new password, or suspend your Account’s access to the Service during the time necessary to make investigations regarding your notice. Under no circumstance will Ubisoft held responsible for the consequences of a possible use of your Account or password by a third party prior to the time when Ubisoft, notified by you as mentioned above, has been able to act in order to help you remediate the security breach notified.

You acknowledge that your user name will be publicly displayed within the Service and be seen by other users of the Site, whether they have an Account or not. If you are 13 years of age or more, you commit to choose a user name which is in accordance with the Terms and the deontological rules applicable on the Internet and is not: offending, vulgar, obscene, or otherwise infringes third parties’ rights.

3. Rules for using the Service

3.1 The Service is provided for personal use only. You cannot make any commercial use of the Service or its content (including any avatars, houses or other content that you may obtain by combining or otherwise customizing the limited content made available by Ubisoft within the Service). Any sale, lending or borrowing and any trade are strictly forbidden.

3.2 Ubi Points. Ubisoft may offer you at different stages or levels of completion of all or part the Service rewards such as content or credits that can enhance your use of the Service. The credits that Ubisoft offers you in connection with your use of the Service (“Ubi Points”) have no commercial value and cannot be exchanged against money, nor traded or offered to other users of the Service, nor used in any way outside this Service.

3.3 Ubisoft offers you the opportunity to create, by using the tools and content available in the Service, new content (avatar, characters, costumes, elements of interior design, etc.) (“User Generated Content”) and store such content in your profile and publish it on the Service where it can be viewed by other users. Section 5.2 below describes the rules applicable to User Generated Content.

3.4 Activities. You commit to observe at all times when using the Service the national and international laws and regulations applicable and the Terms. YOU WARRANT THAT YOU WILL NOT USE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION BY CREATING OR USING ANY USER GENERATED CONTENT) FOR ILLEGAL OR IMMORAL PURPOSES. For example, you commit not to:

- harass the other users of the Service or send them unsolicited messages for commercial purposes, or use the Account of another user of the Service;
- when using the Service or in your interactions with anyone on the Service, use false information, present yourself as being someone else or being vested with a quality that you do not have;
- collect or intercept by any means not expressly allowed by Ubisoft data exchanged by other users through the Service;
- use within the Service user names or other type of content that may be considered at any time at Ubisoft’s sole discretion as threatening, harassing, violent, defamatory, obscene, vulgar, hateful, invasive of other's privacy, racially, ethnically or otherwise objectionable, or share or publish by any means within the Service any material (text, image, sound, video, etc.) having such a character;
- sell User Generated Content or distribute it for commercial purpose, or use User Generated Content otherwise than as strictly permitted by Ubisoft;
- carry on activities aiming to access elements or features of the Service whose use has not been authorized by Ubisoft; - reverse engineer any element of the Service;
- arrange, change, translate, adapt or duplicate by any means not expressly authorized by Ubisoft any information, software, code, product or any other element comprised in the Service ;
- change, or attempt by any means to change or alter the normal operation of all or part of the Service ;
- block, abnormally slow down or interfere with, the operation of the Site or its accessibility to other users, or the operation of partner networks for the Site;
- transmit or spread any virus or similar destruction device throughout the Site ;
- participate or in any way be involved in an attack against a server operated by Ubisoft or its partners for the Service; - reorganize, copy or extract by any means the content of the Service without Ubisoft’s prior authorization.

3.5 Links and Advertisements. The Service may contain links to Internet sites operated by third parties (anyone other than Ubisoft), as well as advertisements for third party products or services. Ubisoft declines all responsibility regarding the content of the third party sites and all responsibility in connection with the advertisements present within the Service and any physical or moral damage that the sites linked to the Service or products or services advertised within the Service may cause. The fact that Ubisoft proposes such links and advertisements does not entail any obligation for Ubisoft which cannot control in any way third party websites and cannot verify the products and services advertised.

4. Minors

Minors under the age of 18 may use the Service only under the responsibility of their parents or legal guardians and all use of the Service is considered having been validated and authorized by the later. UBISOFT DISCLAIMS ANY AND ALL RESPONSIBILITY RELATING TO THE ACTIVITIES THAT MAY BE CARRIED ON BY MINORS WITHOUT THE APPROVAL OF THEIR PARENTS OR LEGAL GUARDIANS.

When attempting to create an Account to use the Service, minors under the age of 13 are required to provide a valid parental e-mail address. Ubisoft notifies the parents or legal guardians of the creation of the Account by the minor and gives parents and legal guardians the option to deny or terminate the minor’s access to the Account at any time.

If you are a parent or a legal guardian, Ubisoft recommends you to control the online activities of your minor children. Concerned about protecting children’s privacy, Ubisoft strongly encourages you to make sure that your child never discloses his/her personal data without your prior consent.

Please read our Privacy Policy to obtain more details on our collection and use of user information.

5. Intellectual Property

5.1 Ownership of the Service

The Service is owned by Ubisoft and its partners. The Service and all intellectual or material property relating to its conception, to its text, graphic, sound contents, to the selection and organization of these elements, pertain to Ubisoft or its licensors. All trademarks mentioned within the Service are the property of their respective owners. You acknowledge that you are not authorized to use these elements and information otherwise than as expressly established by Ubisoft.

Ubisoft hereby grants you a strictly personal, revocable at any time, non exclusive and non transferrable right to use the Service and its elements (including the User Generated Content that you create) according to the applicable instructions and menus provided by Ubisoft within the Service and for non commercial purposes only.

Ubisoft reserves the right to prevent you to access the Service and to act against you on civil and criminal grounds if you make or attempt to make any commercial use of all or part of the Service.

5.2 User Generated Content

Ubisoft provides you within the Service with tools that you may use and preexisting elements that you may combine to personalize your use of the Service. Given the limited manner in which you may combine the preexisting elements of which you dispose, and therefore the limited choice offered to you to generate new content, you acknowledge and agree that all new content that you generate when using the Service (“User Generated Content”) shall entirely and exclusively pertain to Ubisoft and the use that you make of such User Generated Content will be at all times governed by the restrictions of the Terms.

If a competent court exceptionally decided that all or part of the User Generated Content created by you was not owned by Ubisoft as described above, you hereby grant Ubisoft a royalty free, perpetual (or for the term of protection of copyrights on User Generated Content by applicable laws), irrevocable and transferrable right and license to reproduce, modify, create derivative works, display, distribute and generally exploit that User Generated Content by any means, on any media now existing or hereafter devised, for any purpose (including commercial) and throughout the world, without having you necessarily mentioned as a source of that User Generated Content. Also, you grant to the other users of the Service a royalty free, non exclusive, perpetual, irrevocable and worldwide right and license to use, as allowed in connection with the Service, the User Generated Content that you have created and published, and specifically the right to access, display, copy, adapt, change, create derivative works, and distribute that content for non commercial purposes.

In any case, (i) any use by you for commercial purposes of any User Generated Content based on any element of the Service is strictly forbidden, and (ii) Ubisoft does not pay you for your content (User Generated Content or other) that you publish within the Service.

6. Limitation of Ubisoft’s liability

You expressly acknowledge that you use the Service at your own risk.

6.1 Third party content and/or activities within the Service

The Service is provided « as is » with no warranty whatsoever.

Ubisoft cannot and does not completely verify your activities, or the activities of other users on the Site. Accordingly, Ubisoft makes no representation, offers no warranty and undertakes no liability to you in connection with your actions or the actions of other users of the Site.

Ubisoft offers no warranty that the information and/or elements accessible via the Service are reliable, accurate, complete or to date, or that the Service is exempt from any virus or elements that could be damaging for you.

Ubisoft makes no representation or warranty whatsoever with respect to the Advertisements displayed within the Service. 6.2 Content provided by Ubisoft

Ubisoft rejects all warranties relating to the value or quality of the Service, to your satisfaction with the Service or to the ability of the Service to satisfy a particular use.

You take all the risks relating to loss of time, effort, data, to errors, to loss of information resulting or in connection with the use of the Service.

In no event will Ubisoft be held responsible for any payment to you of any amount or damage resulting from your impossibility to use the Service.

All costs and risks associated to your use of the Service are at your charge. Ubisoft will under no circumstance be held responsible for direct, indirect, incidental, special, accessory or other damage that you would suffer as a result or in connection with your use or impossibility to use the Service and this, even if Ubisoft has been warned of the likeliness of such damage.

7. Your Responsibility. Termination

You will be held liable for any damage you cause Ubisoft, its partners, the other users of the Service or any other entity or individual, by using all or part of the Service in violation of the law or your obligations set forth in the Terms.

In case you are in breach of your legal obligations, or of these Terms, Ubisoft reserves the right to delete your Account and act against you on civil or criminal grounds, to have you discontinue the breach and obtain remedy for the damages suffered.

Ubisoft reserves the right to end all or part of the Service at any time without notice.

8. Miscellaneous

The Terms are governed by the laws of the State of California, USA. California courts located in Los Angeles county will be the only competent to judge any action, claim or dispute relating to the Service.

The Terms are only applicable to the extent authorized by the law.

If one of the provisions of the Terms revealed incompatible with applicable laws, that provision will be deemed to be replaced by a valid provision as permitted by the law and whose content will be as close as possible to the original provision.

If any of the provisions of the Terms reveals to be null or void, the other provisions will remain unchanged and will continue to apply like the provision considered null or void did not exist in the Terms any more.

The titles of the Terms are for ease of reference only and can under no circumstance allow any prior judgment on the terms contained in the corresponding sections and on their interpretation.

Contact:

For any question relating to the Terms please contact Ubisoft at the address below: webmaster@ubisoft.com