Terms of Use

Last Updated: 23-Oct-2007

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SIERRA ONLINE, A DIVISION OF VIVENDI GAMES, INC. BY CLICKING "ACCEPT" BELOW, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, YOU SHOULD NOT INSTALL OR OTHERWISE USE THE SOFTWARE.

FREESTYLE STREET BASKETBALL™ TERMS OF USE

Welcome to the Community Basketball game, FreeStyle Street Basketball™. The FreeStyle Street Basketball product is the copyrighted work of J.C. Entertainment, Inc., and /or its suppliers or licensors specifically including the Sierra Online, a division of Vivendi Games, Inc. (collectively, "Sierra Online"), and all use of FreeStyle Street Basketball is governed by the terms and conditions contained in this "Terms of Use" document including any future revisions (hereafter referred to as the "Terms of Use" or "Agreement"). This Agreement is in addition to, and does not replace or supplant, the End User License Agreement that accompanied the FreeStyle Street Basketball software (the "EULA") and to which the FreeStyle Street Basketball software is subject.. Any use of the FreeStyle Street Basketball massively multi-player online role-playing game service (the "Service") not in accordance with the Terms of Use is expressly prohibited. You represent that you are a 'natural person' who is over the age of eighteen (18) years old, or the age of majority in your place of residence, and agree to these Terms of Use for use of FreeStyle Street Basketball for yourself or on behalf of one (1) minor child for whom you are a parent or guardian and whom you have authorized to use your game account. YOUR USE OF FREESTYLE STREET BASKETBALL SHOWS YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD LOG OFF NOW AND NOT REGISTER FOR AN ACCOUNT OR USE FREESTYLE STREET BASKETBALL.

1. Establishment of your Game Account.

  1. You may establish one (1) Account with which to play FreeStyle Street Basketball through access to the Service, pursuant to the terms, conditions and restrictions contained in the Terms of Use. In order to establish an Account, you must be a 'natural person,' who is over the age of eighteen (18) years old or the age of majority in your place of residence. Corporations, Limited Liability Companies, partnerships, or any other form of legal entity other than that of a "natural person" may not establish an account. By accepting this Agreement, you hereby represent and warrant that you are a 'Natural Person' over the age of eighteen and are either accepting this Agreement on behalf of yourself or a minor child. You may not share your Account with anyone. You are liable for all activities conducted through the Account, including any activities which may be conducted by your minor children that you allow to use your Account.

  2. To register an Account to play FreeStyle Street Basketball, you will be required to provide Sierra Online with: (i) your name, address and a valid e-mail address, gender; and (ii) the "Activation Key" forwarded to you by Sierra Online. Failure to comply with the foregoing or to update the foregoing if your contact information changes shall constitute a breach of this Agreement, which may result in the immediate termination of your right to use your Account to access the Service. This information is used to identify you as a "unique user." In the event that Sierra Online learns that you have provided Sierra Online with false or misleading registration information, Sierra Online reserves the right to immediately terminate your Account.

  3. During the registration process, you will be required to select a unique account name and a password that are specific to your account (collectively referred to hereunder as "Password"). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password and your account. You may not disclose your Password to anyone, or allow your Password to be used by any one beside yourself. Any damage or harm that may result to your account, or to FreeStyle Street Basketball, due to lost or deleted characters due to your disclosure of your Password, or due to the discovery of your Password by a third party, is your sole responsibility. Note that your user name shall be subject to the naming guidelines contained in the Terms of Use.

  4. There is one version of the FreeStyle Street Basketball software that you can use to access the Service, a 'Standard' game client, which provides you with to access FreeStyle Street Basketball.

    • The 'Standard' game client will allow you to access the Service without paying any fee, and there are no limits on attainable levels. Additionally, your characters can earn "points" through 'in-game' play, and those points can be exchanged for certain items that are available through the "in game" store, or through the FreeStyle Street Basketball website.

    Those who access the Service through the Standard account hereby agree to pay all charges incurred through the use of the Account, including applicable taxes, in accordance with purchase terms, that are in effect at the time that the fee or charge becomes payable. Your right to access the Service is subject to any limits established by Sierra Online who may, in its sole and absolute discretion, suspend or terminate your access to the Service and disable or delete the Account that you use to connect to the Service in the even that: (i) payment for "bills" cannot be charged to your credit card; or (ii) your charge is returned to Sierra Online for any reason. You agree to reimburse Sierra Online for all costs and expenses incurred by Sierra Online in collecting payment due hereunder, including without limitation all bank or service charges, and any reasonable attorneys' fees.

  5. Sierra Online will not be obligated to provide any refunds, except in cases where credit card fraud has been established, or in accordance with the terms that you agreed at the time of purchase, regardless of whether such purchase was for a product or service.

  6. Sierra Online does not recognize the transfer of Accounts, and any authorized transfer of the FreeStyle Street Basketball software (as set forth on the freestyle.sierraonline.com website) will result in the permanent deletion of any Account attached to that software. You may not offer any Account for sale or trade and any such offer is a violation of this Agreement and may result in suspension or termination of the Account.

2. Limitations on Your Use of FreeStyle Street Basketball. Your license to use FreeStyle Street Basketball is limited by this Terms of Use and the End User License Agreement (EULA) which you were required to accept when you installed FreeStyle Street Basketball. Limitations on your right to use FreeStyle Street Basketball may include, but not necessarily be limited to, the following:

  1. Sierra Online expressly reserves the exclusive right to create derivative works based on FreeStyle Street Basketball. This means that you may not create derivative works based on FreeStyle Street Basketball, without the prior express, written permission of Sierra Online.

  2. Only Sierra Online, its licensor, or its licensees have the right to host FreeStyle Street Basketball. Accordingly, you may not host, provide matchmaking services for, or intercept, emulate or redirect the communication protocols used by Sierra Online as part of FreeStyle Street Basketball, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying FreeStyle Street Basketball, adding components to FreeStyle Street Basketball, or using a utility program to host FreeStyle Street Basketball.

  3. You agree that you will not (i) modify or cause to be modified any files that are a part of a FreeStyle Street Basketball installation; (ii) create or use cheats, "mods", and/or hacks, or any other third-party software designed to modify the FreeStyle Street Basketball experience; or (iii) use any third-party software that intercepts, "mines", or otherwise collects information from or through FreeStyle Street Basketball. Notwithstanding the foregoing, you may update FreeStyle Street Basketball with authorized patches and updates distributed by Sierra Online.

  4. You may not institute, assist, or become involved in an attack upon any FreeStyle Street Basketball server or otherwise attempt to disrupt the FreeStyle Street Basketball servers. You may not institute any such attack which results in the disruption of any other player's FreeStyle Street Basketball experience. ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DAMAGE FREESTYLE STREET BASKETBALL OR UNDERMINE THE LEGITIMATE OPERATION OF FREESTYLE STREET BASKETBALL IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, SIERRA ONLINE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of FreeStyle Street Basketball or the Service.

3. FreeStyle Street Basketball Rules of Conduct. Certain rules of conduct that must be adhered to by all users of FreeStyle Street Basketball. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be "exhaustive," and Sierra Online reserves the right to determine what conduct it considers to be outside the spirit of the game and to take such disciplinary measures as it sees fit. Sierra Online reserves the right to add to or amend this list of rules at any time, and you are responsible for checking these Terms of Use for any newly amended or posted rules each time that you log on.
  1. Rules Related to User Names. Each user will select a user name for his or her character. Additionally, users may form "teams" and such teams will be required to choose a name for the team. When you choose a user name, create a team, or otherwise create a label that can be seen by other players of FreeStyle Street Basketball, you must abide by the rules of common decency. If Sierra Online, in its sole discretion, finds such a label to be offensive, it reserves the right to change the name, remove the label, and/or suspend your use of FreeStyle Street Basketball.

    In particular, you may not use:

    1. Names of another person with the intent to impersonate that person;
    2. Names which incorporate 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
    3. Names subject to the rights of any other person without authorization;
    4. Names of popular culture or media personalities;
    5. Names that are trademarks, or registered trademarks (e.g., Ferrari, Zenith, Pepsi, Charmin);
    6. Names of religious figures (e.g., Buddha, Jesus,);
    7. Names related to drugs, narcotics, or any criminal activity, including references to drug substances (e.g., Heroin, Cocaine, Cannabis).

    Additionally, you may not purposely use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.

  2. Rules Related to "Chat" and Interaction With Other Users. Communicating with other Users and Sierra Online representatives is an integral part of FreeStyle Street Basketball and is referred to in this document as "Chat." Your Chats may be subject to review, modification, and deletion without notice by Sierra Online. Sierra Online is under no obligation to monitor Chat and you engage in Chat at your own risk. When engaging in Chat in FreeStyle Street Basketball, you may not:

    1. Transmit or post sexually explicit images or other content which in the sole discretion of Sierra Online is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable content;

    2. Carry out any action with a disruptive effect, such as cause the Chat screen to "scroll" faster than other users are able to type to it, including setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;

    3. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, individuals or entities, including, but not limited to, posting "Spam" messages on FreeStyle Street Basketball ("Spam" messages as used in this document include, but are not limited to, any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to FreeStyle Street Basketball);

    4. "Spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;

    5. Communicate or post any user's personal information in or on the FreeStyle Street Basketball, or websites or forums related to FreeStyle Street Basketball;

    6. Use bots or other automated techniques to collect information or communicate or post any user's personal information in or on the FreeStyle Street Basketball, or websites or forums related to FreeStyle Street Basketball;

    7. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to another user of FreeStyle Street Basketball or other person or entity; or

    8. Cheat during game play, including but not limited to modification of the game program files.

  3. Rules Related to Game Play. Game play is what FreeStyle Street Basketball is all about. Accordingly, the rules that govern game play in FreeStyle Street Basketball are taken very seriously by Sierra Online. Note that Sierra Online considers all valid play styles in FreeStyle Street Basketball to be part of the game, and not harassment. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:

    1. All connections to FreeStyle Street Basketball, whether created by the Sierra Online software products or by other tools and utilities, may only be made through methods and means expressly approved by Sierra Online. Under no circumstances may you connect, or create tools that allow you to connect, to FreeStyle Street Basketball's private binary interface or interfaces other than those explicitly provided by Sierra Online for your use.

    2. You may not use errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players.

    3. You may not use any tools which hack or alter the FreeStyle Street Basketball client or server software.

    4. You may not use software products which "packet sniff" or provide scripting and/or macroing to obtain information from FreeStyle Street Basketball to gain a competitive advantage over other players.

    5. You may not do anything that Sierra Online considers contrary to the "essence" of FreeStyle Street Basketball.

4. Account/Password Security. You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you. Also, note that the security of your account is your responsibility. Sierra Online is not responsible in the event that your account is "hacked," or if your account or computer is damaged by a virus, or for any other issues with your computer or your account which may occur in conjunction with your use of FreeStyle Street Basketball. If you think that your account has been compromised, please contact Sierra Online Technical Support, either through our 'in game' customer service representatives, (i.e., "Game Masters") or by calling the Sierra Online Technical Support phone number, and Sierra Online will make an effort to assist you in recovering the security of your account. This includes helping to reset passwords, helping with billing issues, and offering basic suggestions for improving your account security. If you report your account stolen, hacked, or in any other way compromised, Sierra Online will suspend the account while we fully investigate the matter. This is to protect the characters, items, etc., that are part of the account. Following this investigation, Sierra Online will determine the appropriate course of action.

5. Consequences of Violating the Sierra Online Code of Conduct. Sierra Online, in its sole discretion, reserves the right to take whatever action it deems necessary to preserve the integrity of FreeStyle Street Basketball and the Service (which includes the website and forums). Violation of any of the terms and conditions set forth above may result in actions being taken by Sierra Online, effective immediately or at a time determined by Sierra Online, which may include, but not be limited to the following: (i) Sierra Online may temporarily suspend your access to the Service, (ii) Sierra Online may permanently terminate your access to the Service, and/or (iii) in the event that Sierra Online is contacted by governmental authorities and/or parties seeking information or legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of FreeStyle Street Basketball, Sierra Online will cooperate fully with all governmental authorities and any lawful orders of the court with regard to the release of information that relates to you and your use of FreeStyle Street Basketball, including but not limited to user Internet Protocol (IP) addresses, associated personal information and all other user information on file.

Without limiting the actions listed above, Sierra Online retains the right to decline service to any user who violates the FreeStyle Street Basketball Terms of Use or the FreeStyle Street Basketball EULA.

6. Our Administration of FreeStyle Street Basketball; Changes to the Terms of this Terms of Use Agreement. Sierra Online reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any FreeStyle Street Basketball feature, hours of availability, content, data, software or equipment needed to access FreeStyle Street Basketball, effective upon prior notice as follows. Sierra Online will post notification of any such changes to FreeStyle Street Basketball on the FreeStyle Street Basketball website and will post any revised Terms of Use in this location, and may provide such other notice as Sierra Online may elect in its sole discretion, which may include by email, postal mail or pop-up screen. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your FreeStyle Street Basketball account and terminate the account. The continued use of FreeStyle Street Basketball by you following notice of changes to this Agreement will mean you accept any and all such changes. Sierra Online may change, modify, suspend, or discontinue any aspect of FreeStyle Street Basketball at any time. Sierra Online may also impose limits on certain features or restrict your access to parts or all of FreeStyle Street Basketball without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of FreeStyle Street Basketball, any Game Data (defined below) or in any terms or conditions of access to or use of FreeStyle Street Basketball.

7. Ownership.. All title, ownership rights and intellectual property rights in and to FreeStyle Street Basketball (including but not limited to any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into FreeStyle Street Basketball, transcripts of the chat rooms, member profile information, recordings of games played on FreeStyle Street Basketball, and software) are owned by Sierra Online or its licensors. FreeStyle Street Basketball is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. FreeStyle Street Basketball may contain certain licensed materials, and Sierra Online's licensors may protect their rights in the event of any violation of this Agreement.

8. Selling of Characters and Items. Sierra Online either owns, or has exclusively licensed, all of the content which appears in FreeStyle Street Basketball, and only Sierra Online has the right to "sell" Sierra Online's content. Accordingly, Sierra Online does not recognize any property claims outside of FreeStyle Street Basketball or the purported "sale" in the "real world" of anything related to FreeStyle Street Basketball. Accordingly, you may not sell items for "real" money or trade items for things of value outside the game.

9. Termination. This Agreement is effective until terminated by either party. In the event that you terminate this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game access to FreeStyle Street Basketball. Sierra Online reserves the right to terminate this Agreement without notice, if, in Sierra Online's sole discretion, you fail to comply with any terms contained in these Terms of Use and/or the FreeStyle Street Basketball End User License Agreement. Note that it is the policy of Sierra Online to cooperate fully in criminal investigations, including but not limited to tracing user Internet Protocol IP addresses and associated personal information as well as sharing all other user information on file with the proper authorities upon request.

10. Acknowledgments. You hereby acknowledge that:

  1. You assume the cost of all telephone charges and necessary equipment, servicing, repair or correction for connecting to FreeStyle Street Basketball;

  2. As part of your registration process and in consideration for the privilege of accessing FreeStyle Street Basketball, Sierra Online has the right to send your computer one or more "cookies" without any further notice to you, and Sierra Online has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you;

  3. Sierra Online has the right to obtain "non-personal" data from your connection to FreeStyle Street Basketball in order to make certain demographic assumptions regarding the users of FreeStyle Street Basketball without any further notice to you;

  4. FreeStyle Street Basketball uses peer-to-peer matchmaking technology to arrange direct connections between PCs, thereby creating a network where files are distributed from one PC to another in the network. The technology performs a search on each computer to confirm the type of connection, the connection speed and then selects the most suitable computer to be the "host." This will provide a more entertaining and rewarding experience because it makes it easier to play against gamers of a similar skill level. However, as with all peer-to-peer matchmaking technology, you may nonetheless experience intermittent game play delays.

  5. Sierra Online has the right to download software program files to your computer system, including but not limited to an ActiveX file for computers operating in the Windows environment, that will record CPU, RAM, operating system, video card, and sound card information from your computer.

  6. FreeStyle Street Basketball is provided "as is" and Sierra Online does not warrant that FreeStyle Street Basketball will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components, and Sierra Online expressly disclaims all express or implied, with respect to FreeStyle Street Basketball, including without limitation any warranties of its condition, defects, use, merchantability or fitness for any particular purpose or use, and non-infringement. Any warranty against infringement that may be provided in Section 2-312(3) of the Uniform Commercial Code and/or in any other comparable state statute is expressly disclaimed. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to you.

  7. NEITHER SIERRA ONLINE NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES (collectively, "LICENSOR") SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF FREESTYLE STREET BASKETBALL INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY FREESTYLE STREET BASKETBALL. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you;

  8. You may not be able to access FreeStyle Street Basketball whenever you want, and there may be extended periods of time where you cannot access FreeStyle Street Basketball;

  9. Sierra Online shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of Sierra Online;

  10. FreeStyle Street Basketball requires the creation and retention of electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, in game apparel, skills, and FreeStyles ("Game Data"), which are stored by Sierra Online. While keeping Game Data safe is a priority of Sierra Online, note that Sierra Online shall not have any liability for the loss of any Game Data for any reason whatsoever, including but not limited to server failure, telephonic or network interruptions of any kind, defects, viruses or other harmful components, or negligent acts of Sierra Online and/or its affiliates;

  11. Sierra Online reserves the right, in its sole discretion, to modify or delete any information, including but not limited to Game Data and any other information accumulated, stored or uploaded on FreeStyle Street Basketball;

  12. You are entirely liable for all activities conducted through your FreeStyle Street Basketball account, and are responsible for ensuring that any other person who uses your FreeStyle Street Basketball account is aware of the terms of this Agreement and complies with this Agreement. In the event that you become aware of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password, you will notify Sierra Online by calling Sierra Online's Technical Support number or by e-mailing support@sierraonline.com to report the suspected breach of security related to your FreeStyle Street Basketball account immediately;

  13. Sierra Online will have no liability for any circumstances arising from the unauthorized use of a User Name, user's password or user's FreeStyle Street Basketball account. Any fraudulent, abusive, or otherwise illegal activity involving your FreeStyle Street Basketball account may be reported to appropriate law-enforcement agencies by Sierra Online. The terms of this Agreement shall extend to anyone that you allow to use your FreeStyle Street Basketball account, User Name, or player character(s), and you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including but not limited to termination of your account, and loss of your User Name and characters.

  14. Sierra Online may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. Sierra Online may use or disclose your personal information if Sierra Online believes that doing so may protect your safety or the safety of others.

11. Equitable Remedies. In the event that you breach this Agreement, you hereby agree that Sierra Online would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Sierra Online shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Sierra Online may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

12. Dispute Resolution and Governing Law

  1. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ("Dispute"), you and Sierra Online agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days. Such informal negotiations commence upon written notice from one person to the other. Sierra Online will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Sierra Online, 6060 Center Drive, 5th Floor, Los Angeles, CA 90045, attn: Legal Department.

  2. Binding Arbitration. If you and Sierra Online are unable to resolve a Dispute through informal negotiations, either you or Sierra Online may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to be excessive, Sierra Online will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and Sierra Online may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

  3. Restrictions. You and Sierra Online agree that any arbitration shall be limited to the Dispute between Sierra Online and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

  4. Exceptions to Informal Negotiations and Arbitration. You and Sierra Online agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Dispute filed in small claims court within the small claims jurisdiction; (2) any Disputes seeking enforce or protect, or concerning the validity of, any of your or Sierra Online's intellectual property rights; (3) any Dispute related to, or arising from, allegations of theft, piracy, or unauthorized use; and (3) any claim for injunctive relief.

  5. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Sierra Online agree to submit to the personal jurisdiction of that court.

13. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Those who choose to access this site and/or service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site and/or service is further subject to United States export controls. No software from this site and/or service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.

I hereby acknowledge that I have read and understand the foregoing Terms of Use Agreement and agree that my use of the FreeStyle Street Basketball service is an acknowledgment of my agreement to be bound by the terms and conditions of the Terms of Use Agreement contained herein. I also acknowledge and agree that this Terms of Use Agreement is the complete and exclusive statement of the agreement between Sierra Online and me concerning the FreeStyle Street Basketball service and that the Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between Sierra Online and myself.

© 2007 J.C. Entertainment, Inc.., All rights reserved. FreeStyle and the FreeStyle logo are trademarks of J.C. Entertainment, Inc. The Sierra Online logo is a trademark of Sierra Online, a division of Vivendi Games, Inc.