ELECTRONIC ARTS ONLINE SERVICE MEMBERSHIP AGREEMENT FOR THE PCCD Welcome to the Electronic Arts online service for PCCD products. By registering for this Service and using its features, you have agreed to the terms and conditions in this document, in the Electronic Arts Privacy Policy and the AOL Name Agreement. This document has two parts: the Rules of Conduct and the Terms of Service. * The Rules of Conduct segment includes important rules about how you are expected to act when you are using the Service. * The Terms of Service segment includes important information about how Electronic Arts runs this Service, and the conditions and limitation that you agree to as a user of the Service. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. [Note: In this agreement, we will use the term "Service" to mean the EA online service and the term "Account" to mean your account with the Service. Also, Electronic Arts is sometimes referred to as "EA" or "we".] A. RULES OF CONDUCT We are in the business of providing interactive entertainment, and we want to make the experience a great one for everybody. So, we do not condone or permit users to ruin the experience of other players by using offensive and/or harassing conduct on the Service. [Note: The Rules of Conduct in this Section A will sometimes be referred to as the "Rules".] IF YOU BREAK ANY OF THESE RULES, YOUR ACCOUNT, AND YOUR RIGHT TO USE THE SERVICE, MAY BE TERMINATED IMMEDIATELY. THESE RULES WILL BE INTERPRETED AND ENFORCED IN THE REASONABLE JUDGMENT OF THE ELECTRONIC ARTS CUSTOMER SUPPORT TEAM AND THEIR DECISION WILL BE FINAL. YOU ACKNOWLEDGE THAT EA IS NOT REQUIRED TO PROVIDE YOU NOTICE BEFORE TERMINATING YOUR ACCOUNT, BUT WE MAY CHOOSE TO DO SO. The Rules are: 1. You may not intentionally harass, threaten, embarrass, or cause distress, unwanted attention or discomfort to another player. 2. You may not habitually harass other users during a game, or even worse, routinely quit your games before the game is over. Play like you mean it. 3. You may not use any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable language toward any other player. This includes normal spelling and "L33t sp34k", dude. Keep it cool. 4. You may not claim to be or impersonate any Electronic Arts Customer Support representative. You may not falsely claim to be or impersonate, or falsely claim to be associated with, any employee or representative of any representative of EA or any EA licensor. 5. You may not advertise any goods or services on the Service. Chain letters and pyramid schemes are not allowed. You may not use any area of the Service or of any Service Web Sites or bulletin boards to collect information, including login names, about Service members. The use of any such member information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Service, or any games or services offered on the Service for any commercial purpose. You're here to play the game, not promote your business (or someone else's). 6. You may not violate any local, state, national or international law or regulation. Discussion of illegal activities such as hacking, phreaking, pirating, and overt promotion of illegal drugs or substances will not be tolerated. Likewise, any discussion of activities that are currently illegal, especially the threat of violence to another user, is strictly prohibited. 7. You may not modify any part of the Service or any Service Web Site that EA does not specifically authorize you to modify. 8. You may not arrange for the exchange or transfer of any pirated software, other copyrighted materials or other contraband while you are on the Service or the Service Web Site or bulletin boards. You may not use the Service or the Service Web Site or bulletin boards for any other illegal purpose. 9. You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We will cooperate with law enforcement in such matters. 10. You may not post or communicate any player's real-world personal information within the Service or through any Service Web Site or any Service bulletin board. 11. You may not give false information to Electronic Arts, or intentionally hide any information from Electronic Arts (such as your email address or other required billing information), which is required at the time you register with the Service. It is your responsibility to keep this information up-to-date using the website located at www.ea.com 12. You will not upload or transmit on the Service, or through any Service Web Site or bulletin board, any copyrighted or trademarked content that you do not own all rights to, unless you have the express written permission of the author or copyright or trademark holder. 13. You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service. 14. You will not exploit any bug in the Service or in any EA product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through public posting) to any other user of the Service. 15. You will not attempt to play your EA game on or through any service that is not controlled or authorized by Electronic Arts. You will not participate in any online service that provides online features or game play for your EA game that is not authorized by Electronic Arts. 16. You will not create, use or provide any server emulator or other site that provides online play or online features for your EA game, and you will not post or distribute any utilities, emulators or other software tools that could facilitate online play or online features of your EA game, without the express written permission of Electronic Arts. 17. You will not do anything that interferes with the ability of other Service users to enjoy playing an EA game, and using the Service, in accordance with its rules, or that materially increases the expense or difficulty of Electronic Arts in maintaining the Service for the enjoyment of all its users. 18. You will not attempt to disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, using excessive shouting [all caps] in an attempt to disturb other users, or flooding [posting repetitive text]. This is online vandalism, and it ruins the experience for others. 19. You will not attempt to get a password, other account information, or other private information from any other member of the Service. [Note: EA employees will NEVER ask for your password. Don't give your password, reminder words, or billing information out to anyone online.] 20. You will not attempt to upload files that contain a virus or corrupted data. 21. You will not improperly use the in-game support or complaint buttons or make false reports to EA staff members. 22. You will not allow former members of the Service whose Accounts have been terminated by EA to use your Account. If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them using the "Help" functions of the Service (e.g., to capture chat and to report abusive users). Any former member of Service that has had his/her Account permanently closed due to violations of the Rules of Conduct is prohibited from using the Service without written consent from an authorized representative of Electronic Arts. Electronic Arts does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your EA game. This includes the exchange of points on services including eBay™ or Yahoo!™ Auctions. We don't assume any responsibility for, and won't support, such transactions. ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES! YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEB SITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT ELECTRONIC ARTS MAY HAVE MADE. B. TERMS OF SERVICE [Note: These Terms of Service are sometimes referred to in this document, and on the Service, as our "TOS".] Membership Basics Membership allows you to participate in certain games and activities on the Service. This Membership Agreement and any rules or instructions posted on the Service regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and EA regarding your use of the Service. If there is any conflict between the Membership Agreement and any other rules or instructions posted on the Service, EA shall resolve the conflict in its sole discretion. As a member of the Service, you agree to all of the terms and conditions of this Membership Agreement and the EA Privacy Policy, which are incorporated by reference into this Membership Agreement. When you accept this Agreement and complete EA's registration process, you create an account on the Service ("Account") and select a login name and password. Your login name is your online identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service or Rules of Conduct. You may not provide false information during the registration process. You are solely responsible for all activity on your Account and for the security of your computer system. It is important that you not reveal your password to other users. EA will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. You agree not to reveal your password to other users. You agree to indemnify and hold EA harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your membership is subject to termination if you or anyone using your Account violates any provision of this Membership Agreement. If your Account is terminated, you may not join the Service again without our express permission. You may not sell or charge others for the right to use your Account or the Service. Appropriate Online Content By "Content", we mean the software, communications, images, sounds, and all the material and information you see on the Service. EA, our affiliates, our independent content providers and other Service members provide most of the Content on the Service. EA does not pre-screen all Content available on the Service. EA does not assume any responsibility or liability for Content that is provided by Service members or other guests on the Service. EA does not endorse, approve, or prescreen any Content that you or other users communicate on the Service, the Service Web Site or any Service bulletin boards. We reserve the right to remove Content that is objectionable to us or that we find inappropriate for the Service. Neither EA nor its affiliates assume any liability for any failure to remove, or any delay in removing, any Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on our Service. Service members and other guests may generate Content in chat rooms, message boards, and in chat during games, etc. This kind of Content must reflect our standards, and we may remove it if, in our judgment, it does not meet those standards. Content standards may vary depending on where you are on the Service, the game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. However, strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are offensive and always inappropriate Content for the Service. In other cases, there may be "gray areas". EA makes the final determination about whether Content is objectionable or not. This determination is in our sole discretion, and is final. EA representatives may monitor your communications on the Service, any Service Web Site or bulletin boards. However, because we cannot monitor all of the Content on these sites, and we do not attempt to do so, you might encounter something you don't want to see. You can report it to the game support or complaint e-mail address for the area in which the incident occurred. Your good judgment in making reports, particularly about the opinions of others, is important and appreciated. EA does not endorse or oppose the opinions of any Service member or guest, but we may take issue with the manner in which an opinion is expressed. [Note: EA customer support personnel will not ask you for your password or account information.] Your Responsibility for Your Conduct You agree that you will be personally responsible for your use of the Service and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless Electronic Arts Inc., its subsidiaries, affiliates, employees, officers, and directors from any liability or damages arising from your conduct on the Service, or from any Content that you contribute. This paragraph shall survive termination of this Agreement. Links to Third-Party Sites The Service may include hyperlinks to web sites operated by parties other than Electronic Arts Inc., including advertisers and other content providers. Those sites may collect data or solicit personal information from you. EA does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. Connecting to the Service; Public Nature of Communications When you connect to the Service, we may retrieve information from the computer that you use to log onto the Service about the computer's hardware system and any data related to the computer's operation of your EA game. We will not collect any personal information about you, however, without your knowledge and consent as stated in the EA Privacy Policy. You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on the Service and any Service Web Sites and bulletin boards are public and not private communications, and that you have no expectation of privacy concerning your use of the Service. You acknowledge that personal information that you communicate on the Service and on any Service Web Sites or bulletin boards may be seen and used by others and result in unsolicited communications. Therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on the Service or on any Service Web Sites or bulletin boards. EA is not responsible for information that you choose to communicate to other users on the Service or on any Service Web Sites or bulletin boards, or for the actions of other users in response to your communications. Copyrights and Trademarks; Proprietary Rights Much of the Content available on the Service is owned by EA or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but that doesn't make it acceptable or legal. You are not authorized to copy or download any Content from the Service or from any Service Web Sites or bulletin boards unless we have expressly told you otherwise. You have no right to copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on the Service, unless EA expressly tells you otherwise. Making unauthorized copies of any Content found on the Service can lead to the termination of your Account and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless EA and its subsidiaries, affiliates, related companies, employees, officers, directors and agents. Once you post any Content on the Service (or on any Service Web Sites or bulletin boards) or send any Content to EA, you expressly grant EA the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in EA's discretion, and without any notice or compensation to you of any kind. EA Software Some games on the Service may require that you download software onto your computer ("EA Software"). EA grants to you a non-exclusive, limited license to use the EA Software in order to use the Service. You may not sub-license, or charge others to use or access the EA Software. You may not use any EA Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from any EA Software. You may not modify any EA Software or use it in any way not expressly authorized in writing by EA. You understand that EA's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by EA may vary depending on your computer and other equipment. EA HAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE EA SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU. EA Software may be subject to United States export controls. By downloading EA Software from EA, you warrant that you are not located in any country, and are not exporting EA Software to any person or place, to which the United States has embargoed goods. Limitations On Warranty And Liability YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, EA SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, EA SOFTWARE, EA PRODUCTS, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. EA PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT EA WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EA IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT EA, ITS SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR ANY SERVICE WEB SITES OR BULLETIN BOARDS, OR USE OF ANY EA SOFTWARE. IN NO CASE SHALL EA'S OR ITS SUBSIDIARIES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "EA AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EA FOR THE SERVICE. IN NO CASE SHALL EA OR EA AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EA'S AND EA AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. EA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Indemnification Upon request by EA, you agree to defend, indemnify and hold harmless EA and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of this Membership Agreement for which you or someone using your Account are responsible. EA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to EA in that matter. This paragraph shall survive termination of this Agreement. Updates And Modifications EA may update or revise this Membership Agreement at any time. By becoming a member of the Service, you agree that EA may change the terms of this Membership Agreement. If we revise the Membership Agreement, such revision shall be effective thirty (30) days after posting the revised Membership Agreement on the Service. You agree to review the Membership Agreement periodically to become aware of such revisions. You can view the Membership Agreement at any time by clicking on the Membership Agreement link in the "About" area of the Service. Your continued use of the Service thirty (30) days after a revised Membership Agreement is posted on the Service will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Membership Agreement, your only remedy is to cancel your Account. Termination Either you or EA has the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with EA. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Membership Agreement or EA's enforcement or application of this Agreement; (2) any policy or practice of EA, including the EA Privacy Policy, or EA's enforcement or application of these policies; (3) the Content available through the Service or any change in Content provided through the Service; (4) your ability to access and/or use the Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your Account by contacting EA's Customer Service Department. Other Terms You agree that this Membership Agreement is not intended to confer and does not confer any rights or remedies upon any person other than to you, EA and EA's subsidiaries, affiliates, employees, contractors, officers, directors, vendors, and content providers. You also understand and agree that the EA Privacy Policy, including EA's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your membership in the Service. As noted above, your conduct while using the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with EA or relating in any way to your use of the Service resides in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving EA or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors or content providers. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Service or any Service Web Sites or bulletin boards any data or software that cannot be exported (including, but not limited to, certain types of encryption software) without prior written government authorization. The assurances and commitments in this "Other Terms" section shall survive termination of this Agreement. Privacy Policy Electronic Arts (EA) and its subsidiary companies respect the privacy rights of our online visitors and recognize the importance of protecting the information collected about you. We have adopted a corporate wide Online Privacy Policy that guides how we collect, store and use the information you provide online. Electronic Arts adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission's Directive on Data Protection that went into effect in October, 1998. If you have any questions, complaints, or comments regarding our privacy statement or policies, please contact the Privacy Policy Administrator for the country in which you reside. Click on the Privacy Policy Administrator link above to review the contact information. If your country is not listed, contact the United State's Privacy Policy Administrator. This privacy policy applies to the following web sites operated by Electronic Arts: EA.com EASPORTS.com EA-Europe.com owo.com pogo.com Simcity.com thesims.com Westwood.com In addition, Electronic Arts owns several other domain names that point to the web sites listed above, and we will from time to time add new sites that may or may not be listed above. Please note that this policy applies only to sites maintained by Electronic Arts or its subsidiaries, and not to web sites maintained by other companies or organizations to which we link. This Privacy Policy applies only to information collected by Electronic Arts online, not offline. Third Party Sites. If you click on a link to a third party site, including on an advertisement, a link to America Online (AOL), or an Ad company, you will leave the Electronic Arts site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, including AOL or other service providers, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as Electronic Arts. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to an Electronic Arts site, you should consult that site's privacy policy before providing any personal information. What personal information is collected? Personal information is information that identifies you and may be used to contact you on-line or off-line. Electronic Arts only collects personal information from our online visitors on a voluntary basis and only during (1) contests (registration or claiming a prize), (2) warranty registration and/or during customer support or technical service requests, (3) player match up services, (4) registration for games or special game-specific event participation, (5) marketing surveys and email campaigns, (6) registration for membership on our sites, (7) when you order products from us online, or (8) when you request services from third party service providers on our site. Information collected may include your name, e-mail address, phone number, home address and birth date. We do not require personal information to obtain access to any of our sites; however, you will not be able to access areas that require registration. Whatever the purpose may be, we will only collect information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives. EA's Online Stores Visitors purchasing goods and services through one of our online stores may need to provide a valid credit card number and expiration date, in addition to name, mailing address(es), phone number and e-mail address. Job Postings Electronic Arts allows for the online submission of resumes. Please note that the information (including personal information) collected from a resume is not subject to this privacy policy. However, we want to assure you that information obtained from your resume will be used solely for the purpose of accepting and evaluating your submission for a job. Online Chat Rooms and Profiles You may choose to disclose information about yourself in our online chatrooms or in creating user "profiles" when you play games on our sites. Information that you disclose in chat rooms or in "profile" information is public information, and there is no expectation of privacy or confidentiality in either place. Please see our Terms of Service on this point and for other guidelines about posting content on our web sites. A Special Note About Children Electronic Arts encourages parents to spend time online with their children. We urge parents to instruct their children to never give out their real names, addresses or phone numbers, without permission, when using the Internet. We recognize a special obligation to protect personal information obtained from young children. Therefore, with respect to children residing in certain jurisdictions, no information should be submitted nor posted to Electronic Arts' online sites by children 12 years of age or under. In order for children 12 years old and under in such jurisdictions to participate in online activities that require registration, we require prior written permission or other verifiable consent from a parent or guardian. In other jurisdictions, prior written permission or other verifiable consent may be required from a parent or guardian for children under 14 or 18 years of age. Upon registration, the appropriate permission form will be made available. A copy of our permission form can be found at http://www.ea.com/global/legal/register_ child_fax/register_child_fax.jsp. This form must be signed by the child's parent or guardian and returned to Electronic Arts by fax or mail to the Privacy Policy Administrator in the relevant country. Children 12 and under may not participate on certain of our sites. In some cases, we may not permit children under 14 or 18 years of age to participate in certain of our sites. Once we have obtained parental consent, we are prohibited from conditioning a child's participation in an activity - like contests - on the child's disclosure of more personal information than is reasonably necessary to participate in the activity. If for any reason you are concerned that your child's personally identifiable information maintained by Electronic Arts is not correct or complete, should you wish to have your child's personal information deleted from our records, or if you want Electronic Arts to discontinue further collection or use of your child's personal information, please contact your Privacy Policy Administrator who will be happy to review, update or remove your child's information as appropriate. What about cookies? Cookies are small files downloaded to your computer to track movements within web sites. Certain of our sites use cookies to keep track of your shopping cart and make sure you don't see the same ad repeatedly. Also, we use cookies to deliver content specific to your interest and for other purposes. For example, certain of our sites use "cookies" or other methods to monitor website usage. We collect information on what games are played, how much time is spent playing the games and which ads or links are clicked. We may link cookie information to personal information. Certain of our sites use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and Electronic Arts does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website.. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. DoubleClick, the company that serves many of the ads that appear on the pogo.com site, may also collect information regarding your activities online, including the sites you visit. Other ad serving companies may also collect similar information. For more information on DoubleClick's services and how you can opt out of those services, please visit DoubleClick's website. For more information about the practices of some of the other large ad serving companies that may collect information on your use of the site, you should visit AdKnowledge, Avenue A and MediaPlex, and Redwood Digital to view their privacy statements and opt out policies. What happens to the information provided? Electronic Arts does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, regardless of parental consent, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of Electronic Arts' customer information may be transferred to its successor or assign. If you register to become a member of EA.com (our online games service), and you are 18 years of age or older, your email address is also provided to our partner, America Online, Inc. and you are automatically registered for an AOL Instant Messenger (AIM) Account. AOL will email you directly concerning your AIM account. If you register to become a member of pogo.com, your user name is reserved for you on AOL, but your email address is not provided to AOL. As with all third party sites, Electronic Arts does not control AOL's privacy policies and practices. We urge you to review AOL's privacy policy at www.aol.com. Members may register for other services from our site(s) (for example, MyPoints on pogo.com). If you opt in to any of these services, we may collect additional information requested by a service provider and pass this information, together with all other registration information (including personal information), to that service provider. Use of your information by a service provider will be governed by that service provider's terms of service and privacy policy. We may also retain any additional information collected for use in accordance with the terms of this Privacy Policy. Participation in these other related services is optional and is not required to play games on pogo.com or ea.com, or participate in any of our other web sites. The personal information you provide will allow us to alert you to new products, features and enhancements; special offers; upgrade opportunities; and contests and events of interest. From time to time, we are approached by companies and organizations that provide products or services that we believe may be of interest to you, and we may provide your personal information to such third parties. We see this as a value-added service helping you to find useful products or services. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. You may opt out of this service. See the opt out information below. We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular member. This information may be transmitted to an ad server owned by the advertising company (for example, on pogo. com, this is DoubleClick) to match members with ads that they are more likely to be interested in. However, we do not disclose any member's personal information to our advertisers without the member's consent. Participation in member surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies. From time to time, Electronic Arts may employ third-party contractors, such as Digital Impact, to collect personal information on our behalf, or to provide email delivery, product or promotional fulfillment, or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address. When our third-party contractors collect and/or have access to the personal information you provide when requesting such services from Electronic Arts, Electronic Arts requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by Electronic Arts. Finally, we may use your personal information for our internal marketing and demographic studies, so we can consistently improve our sites to better meet our visitors' needs. To enforce legal rights and the law, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities. Where is the information held? Electronic Arts is a global organization and many of the computer systems on which Electronic Arts collects, stores, and uses the information it collects or receives are based in Australia, Europe, the United States and elsewhere. Your personal information may be transferred to, used, processed or held by Electronic Arts in the United States and in other countries, including countries both in and outside the European Union, and used for the purposes set out in this Privacy Policy. Opt-out Provision When we first collect information about you, we will offer you the opportunity to opt-out of having your personal information shared with parties outside of Electronic Arts or its subsidiaries (except to the extent required by law, court order, or as requested by other government or law enforcement authority). In addition, if you do not want Electronic Arts to send you e-mail or postal mail about our products and services, you can opt out at the time of registration or information collection. If, at a later date, you choose to have your name removed from our mailing list, you can do so by contacting the Privacy Policy Administrator in your country, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States. You may also click the unsubscribe link on our email offers and newsletters. Safeguarding Your Personal Information We will only collect and use personal information in accordance with this privacy policy to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will maintain appropriate safeguards to ensure the security, integrity, accuracy and privacy of the information you have provided. In addition, we will take reasonable steps to assure that third parties to whom we transfer any personal information will provide sufficient protection of that information. Review, Correction of Your Information and Requesting Removal from Mailing Lists and Deactivating Your Account If for any reason you are concerned that the personal information maintained by Electronic Arts is not correct, or should you wish to have your account(s) deactivated or be removed from our mailing list(please email the Privacy Policy Administrator in your country, or if your country is not listed, contact the Privacy Policy Administrator in the United States. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites. By using this site, you signify your assent to the Electronic Arts Online Privacy Policy. If you do not agree to this policy, please do not use any Electronic Arts site. We reserve the right to make changes in this policy at any time. Please check the policy each time you use our web site to ensure you are aware of any changes in our privacy practices. Our privacy policy will indicate the date it was last updated. Also, if there is a substantive change in the way that we use your personal information, we will notify you via e-mail of the relevant changes. If you choose to opt-out of our changed practice, our e-mail will contain instructions on how to opt-out. Your continued use of our site will signify your acceptance of the changes to our Online Privacy Policy. © 2003 Electronic Arts Inc. --------------------------------------- AOL NAME TERMS OF USE ACCEPTANCE OF TERMS THROUGH USE Registration for this Electronic Arts online service (the "Service") signifies agreement that the information you provided is current and accurate. When registering for the Service, you create a Service Member Name ("EA Name") and password. Alternatively, you may use an AOL screen name and password you have previously created using another America Online, Inc. ("AOL Inc.") Service. All EA Names are the exclusive property of AOL Inc. AOL Inc. provides you with a limited, non-exclusive license to use the EA Name you select for your personal and noncommercial use in accordance with this Registration Agreement. Your EA Name is your identity when accessing the Service. You may not use an EA Name that is used by someone else, and your EA Name cannot be vulgar, or be used in any way that violates the Membership Agreement that pertains to the Service or AOL Inc.'s Terms of Service. It is your responsibility to protect your password. You agree not to reveal your password to other users and you agree to indemnify and hold both Electronic Arts and AOL Inc. harmless for any improper or illegal use of your EA Name. This includes illegal or improper use by someone to whom you have given permission to use your EA Name. ----