Activision Cut The Rope: Triple Treat - Manual (Page 13)

file:///C|/...2007%2018%2013%203DS/(Product%20License%20Service%20Agreement)%203DS_EN%20(FINAL%2007%2018%2013).txt[10/18/2013 3:01:32 PM]
21.2 Initial Dispute Resolution: Our Customer Support department is available by phone ((310) 255-2050) or on the
web (support.activision.com) to address any concerns you may have regarding the Product. Most concerns are quickly
resolved in this manner to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute,
claim, question, or disagreement directly through consultation and good faith negotiations which shall be a
precondition to either party initiating a lawsuit or arbitration.
21.3 Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time
informal dispute resolution is pursued pursuant to Section 21.2, then either party may initiate binding arbitration as the
sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or
relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other
and/or your use of the Product shall be finally settled by binding arbitration administered by the American Arbitration
Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary
procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class
actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement,
including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is
subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court
of competent jurisdiction. The Commercial Arbitration Rules governing the arbitration may be accessed at
www.adr.org or by calling the AAA at +1 (800) 778-7879. To the extent the filing fee for the arbitration exceeds the
cost of filing a lawsuit, Activision will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous,
Activision will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed
$75,000. The arbitration rules also permit you to recover attorneys’ fees in certain cases. The parties understand that,
absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further
understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to
discovery may be more limited in arbitration than in court.
21.4 Location. If you are a resident of the United States, arbitration will take place at any reasonable location within
the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Los
Angeles County, California, and you and Activision agree to submit to the personal jurisdiction of any federal or state
court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver
21.5 Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual
capacities only and not as a class action or other representative action, and the parties expressly waive their right to
file a class action or seek relief on a class basis. YOU AND ACTIVISION AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any
court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any
reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 21.3
shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
21.6 Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’
decision to resolve all disputes through arbitration, either party may bring an action in state or federal court for claims
relating to patents, copyrights, moral rights, trademarks, and trade secrets, but not, for clarity, claims related to the
license granted under Section 3 of this Agreement. Either party may also seek relief in a small claims court for disputes
or claims within the scope of that court’s jurisdiction.
21.7 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action
waiver provisions set forth in Sections 21.3, 21.4, and 21.5 by sending written notice of your decision to opt-out to the
following address: Activision Publishing, Inc., of 3100 Ocean Park Boulevard, Santa Monica, CA 90405-3032, Attn: