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Terms of Use

Please read these terms of service and conditions of use carefully before using the primagames.com Web site or the Prima eGuide store, including by downloading or purchasing Prima eGuides (collectively the "Prima Games Web site"). We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Prima Games Web site following the posting of changes to these terms (including the Prima Games Web site Security and Privacy Policy) will mean you accept those changes. THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND PRIMA GAMES, A DIVISION OF RANDOM HOUSE, INC. ("WE", "US", OR "PRIMA GAMES") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PRIMA GAMES SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, AND ALL OF PRIMA GAMES' RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND PRIMA GAMES. BY ACCESSING THE PRIMA GAMES WEB SITE AND USING ANY OF THE PRIMA GAMES SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEB SITE.

Copyright and Ownership

This Web site is owned and operated by Prima Games and its affiliates and vendors. All of the content featured, displayed or offered for sale on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software and eGuides ("Content"), is owned by Prima Games, its licensors, vendors and/or its content providers. All elements of the Prima Games Web site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. You shall not take any steps or actions that will or attempt to circumvent the Content's digital rights management software or other copyright protection technology. Except as may be otherwise indicated in specific documents within the Prima Games Web site, you are authorized to view, play, print and download documents, audio and video found on our Web site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Prima Games Web site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web site. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Prima Games Web site.

Purchase of eGuides

Please note that Prima eGuides currently can only be accessed on the computer that they were purchased on and are not accessible from or transferable to other computers or devices, and are not intended to be copied, reproduced, distributed or used for any other manner. eGuides shall not be sold, transferred, leased, modified, distributed or publicly performed; the end user has no right to create any derivative works there from. All elements Prima eGuides including without limitation, the general design, layout, text and content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. No one shall not take any steps or actions that will or attempt to circumvent an eGuides digital rights management software or other copyright protection technology for such eGuides.

Site Access License

Prima Games grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the Prima Games Site and not to download (other than page caching) or modify all or any portion of the Prima Games Site. This license does not include any resale or commercial use of the Prima Games Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Prima Games Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Prima Games Site and/or any portion of the Prima Games Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without Prima Game's express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Prima Games, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Prima Games Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Prima Games logo or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.

Corporate Identification & Trademarks

All trademarks, service marks and trade names of Prima Games used herein (including but not limited to: the Prima Games name, the Prima Games corporate logo, the Primagames.com name, the Prima Games Design, and the logo) are trademarks or registered trademarks of Prima Games or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Prima Games trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Web site, without Prima Games' prior written consent. The use of Prima Games trademarks on any other Web site or network computer environment is not allowed. You may not use the Prima Games trademarks as a "hot" link on or to any other Web site unless establishment of such a link is approved in advance

Links to Third Parties & No Endorsement

This Web site contains hyperlinks to other Web sites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Prima Games of, or any affiliation with, or endorsement by, the owner of the linked site. Prima Games is not responsible for the contents or use of any linked site, or any consequence of making the link.

You shall not use Prima Games' name or any language, pictures or symbols which could, in Prima Games' judgment, imply Prima Games' endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Fees

For all charges for any products and services sold on the Web site, including the eGuide store, Prima Games or its vendors or agents will bill your credit card. When you provide credit card information to us or our vendors, you represent to us that you are the authorized user of the credit card that is used to pay for the eGuides or other fees. In the event legal action is necessary to collect on balances due, you agree to reimburse Prima Games and its vendors or agents for all expenses incurred to recover sums due, including attorneys fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web site.

Age of Users

All areas of the Prima Games Web site that require registration or collect personal information from users, including the purchase of eGuides, are restricted to users that are over the age of 13. For our detailed policies on the use of the Prima Games Web site by children under 13, please visit the Prima Games Web site Security and Privacy Policy, which is a part of this Agreement.

Submissions

Prima Games is pleased to hear from its loyal fans and welcomes your comments regarding Prima Games products. Unfortunately, however, Prima Games' policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Prima Games might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.

If at our request you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "submissions"), the submissions shall be deemed, and shall remain, the property of Prima Games. None of the submissions shall be subject to any obligation of confidence on the part of Prima Games, and Prima Games shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, Prima Games shall exclusively own all now known or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.

User Account, Password, and Security.

If you decide to register as a member of the Prima Games site, you may receive or establish one or more passwords and accounts ("Prima Games Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and Prima Games Accounts. You may not divulge your password to anyone else or use anyone else's password or Prima Games Account. You are entirely responsible for all activities that occur on or through your Prima Games Account(s), and you agree to notify us immediately about any unauthorized use of Prima Games Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your Prima Games Account(s), and may also subject you to criminal or civil liability.

Message Boards and Public Communication

"Message Board" means a chat area, bulletin board, or e-mail function offered as part of the Prima Games online presence. You shall not upload to, distribute through, or otherwise publish through a Prima Games Web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

The message boards shall be used only in a non-commercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests to join or become members of any commercial online service or other organization is expressly prohibited. You must also follow the house rules whenever you are using any Prima Games Web site.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of registration data (see our Prima Games Web site Security and Privacy Policy), we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of the Prima Games Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Prima Games; (2) protect and defend the rights or property of Prima Games; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages and Prima Games shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Prima Games Web site. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any guest who fails to conform to any provision of this Agreement access to the Prima Games Web site.

By uploading materials to any message board or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Prima Games Web site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Prima Games may suspend or terminate any User's access to all or any part of the Prima Games Web site including any account thereon, without notice, for any reason in Prima Games' sole discretion, including without limitation Prima Games' belief that such access would violate any applicable law or would be harmful to the interests of Prima Games or another User. Upon termination, you must destroy all materials obtained from this site and any and all other Prima Games site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

Disclaimer & Limitation of Liability

Your use of and browsing of this Web site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIE PRIMA GAMES WEB SITE, INCLUDING EGUIDES, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PRIMA GAMES MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE PRIMA GAMES WEB SITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE PRIMA GAMES WEB SITE FOR ANY PURPOSE. PRIMA GAMES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRIMA GAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PRIMA GAMES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL PRIMA GAMES OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRIMA GAMES WEB SITE OR EGUIDE STORE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE PRIMA GAMES WEB SITE OR EGUIDE STORE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PRIMA GAMES' RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE PRIMA GAMES WEB SITE AND EGUIDE STORE.

IN NO EVENT SHALL PRIMA GAMES OR ANY AFFILIATED PRIMA GAMES ENTITY OR INDIVIDUAL OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE PRIMA GAMES WEB SITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF PRIMA GAMES OR AN PRIMA GAMES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PRIMA GAMES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT, INCLUDING EGUIDES, PURCHASED BY YOU ON THE PRIMA GAMES WEB SITE, INCLUDING THE EGUIDE STORE, OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Indemnification

You agree to defend, indemnify and hold Prima Games and its vendors, agents and affiliated companies or individuals harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. Members of any membership area on any Prima Games Web site are entirely responsible for any and all activities that occur under their account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse. Members agree to immediately notify the providers of any unauthorized use of their account or any other breach of security known to them.

Force Majeure

Neither Prima Games nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Governing Law

This Web site is created and controlled by Prima Games in the State of California, U.S.A. These disclaimers, terms, and conditions of use are governed by the laws of the State of California. By using this Web site, you hereby consent to the exclusive jurisdiction and venue of courts in Sacramento County, California, U.S.A. in all disputes arising out of or relating to the use of this Web site. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Prima Games' failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

Additional Terms

Additional terms and conditions may apply to the purchase of product and other uses of this Web site. By using this Web site, you agree to such terms and conditions.

Entire Agreement

These terms and conditions are the entire agreement between the user and Prima Games and supersedes any prior understandings or agreements (written or oral).

Copyright Complaints

Prima Games and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice Policy.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY

Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Prima Games Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated agent for notice for claims of copyright infringement is our Associate General Counsel who can be reached as follows: By mail: Linda Steinman, Random House, Inc., New York, NY 10019. By phone: (212) 782-8811. By e-mail: lsteinman@randomhouse.com.

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PRIMA GAMES THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP VIA E-MAIL TO FEEDBACK@PRIMAGAMES.COM. PLEASE NOTE THAT ALL TECHNICAL QUESTIONS REGARDING THE EGUIDES SHOULD BE DIRECTED TO PRIMAGAMESSUPPORT@DIGITALRIVER.COM AND ALL CONTENT QUESTIONS EGUIDES SHOULD BE DIRECTED TO FEEDBACK@PRIMAGAMES.COM. WHILE PRIMA GAMES WILL TRY TO ANSWER ALL CUSTOMER SERVICE INQUIRIES, WE CAN NOT GUARANTEE SUCH RESPONSE.

Copyright © 1995-2017 Random House, Inc. All rights reserved.

© 2011 Electronic Arts Inc. EA, EA SPORTS, and the EA SPORTS logo are trademarks of Electronic Arts Inc. The "Officially Licensed Collegiate Products" label is the exclusive property of The Collegiate Licensing Company. The "Collegiate Licensed Product" label is the property of the Independent Labeling Group. All names, logos, team icons, and mascots associated with the NCAA, universities, bowls and conferences are the exclusive properties of the respective institutions. NCAA is a registered trademark of National Collegiate Athletic Association and the NCAA Football logo is a registered trademark of the NCAA licensed to NCAA Football USA, Inc.

Heisman Memorial Trophy and likeness of the actual trophy are registered service marks by the Heisman Trophy Trust under registration numbers 936,853 and 935,852 respectively. All other trademarks are the property of their respective owners.