Last Updated: January 10, 2024
BY CLICKING “BUY NOW”, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND YOU AGREE TO BE BOUND BY, THE FOLLOWING CALL OF DUTY: MOBILE WEB STORE TERMS AND CONDITIONS OF SALE (THESE “TERMS AND CONDITIONS” OR THESE “TERMS”), IN ADDITION TO THE CALL OF DUTY: MOBILE WEB STORE TERMS OF USE (the “TOU” or “TERMS OF USE”) AND THE PRIVACY POLICY, WHICH ARE HEREBY INCORPORATED HEREIN BY REFERENCE. Unless the context otherwise requires, all capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Use.
YOU ALSO HEREBY ACKNOWLEDGE AND AGREE THE DIGITAL PRODUCTS IN THE OFFICIAL CALL OF DUTY: MOBILE WEB STORE (THE “WEB STORE”) ARE BEING SOLD TO YOU BY CODA PAYMENTS AND THESE TERMS FORM A CONTRACT BETWEEN YOU, ON THE ONE HAND, AND CODA PAYMENTS, ON THE OTHER HAND. THESE TERMS AND THE TOU CONTAIN LIMITATIONS OF LIABILITY AND OTHER LEGALLY BINDING CONTRACTUAL TERMS. THESE CLAUSES AFFECT YOUR LEGAL RIGHTS AND REMEDIES, AND YOU SHOULD REVIEW THEM CAREFULLY BEFORE CLICKING “BUY NOW” OR OTHERWISE ACCEPTING THESE TERMS.YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEB STORE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEB STORE OR ANY OF THIS WEB STORE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
Except for certain kinds of disputes described in these Terms, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND CODA PAYMENTS ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for certain matters identified below). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
These Terms composed of Part I (General Terms and Conditions) and Part II (Additional Terms and Conditions) are an integral part of the TOU that apply generally to the use of the Web Store. You should also carefully review our Privacy Policy before placing an order through this Web Store.
PART I GENERAL TERMS AND CONDITIONS
1. No Monetary Value
You acknowledge and understand that Digital Product has no monetary value, can only be used in the video game known as “Call of Duty: Mobile” (the “Game”) published by Activision, may not be transferred to another person or redeemed for fiat currencies or other things of monetary value, or means of legal tender.
2. Sale Conditions
In respect of your purchases, you confirm that: (i) you are purchasing the Digital Product for your own exclusive and personal consumption; (ii) you shall have no right to rent, lease, lend, sell, redistribute or sublicense the Digital Product you acquire on this Web Store; and (iii) you at all times comply with all applicable laws, rules, regulations and terms and restrictions placed by Coda Payments and/or Activision in your purchase and use of the Digital Product.
3. Product Description and Delivery
We take every effort to ensure that the product descriptions on the Web Store are as accurate as possible. However, to the extent permitted by applicable law, we do not warrant that such product descriptions are complete or correct.
We do not develop or publish Digital Products offered on the Web Store. Activision is the publisher of Digital Products. Accordingly, your use of the Digital Product is subject to the Software License and Service Agreement applicable to the Game found here. Activision is solely responsible for delivery of the Digital Product to you.
You understand that while you may “purchase” the Digital Product offered on the Web Store, you do not in fact own or have any intellectual property rights in the Digital Product obtained through the Web Store. Rather, you purchase limited rights to access and use the Digital Product for your exclusive personal consumption. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Digital Product.
4. Prices and Payment Terms
All prices, discounts, and promotions posted on this Web Store are subject to change without notice.
To make a purchase on the Web Store, you must have a valid and eligible mobile phone account with one of our partner mobile network operators or a valid payment instrument issued or recognized by our payment partners.
You are solely liable for the use of your selected payment instruments in connection with the purchase on this Web Store, and Coda Payments shall have no liability to you or to any third party for any unauthorized use of your payment instruments.
You represent and warrant that (i) the payment information you provide to us is true, correct, and complete, (ii) you are duly authorized to use the chosen payment instrument for the purchase, (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, duties, currency exchange fees, data charges, and related charges, if any.
If you use a bank transfer as a method of payment, any bank details that you provide will be collected directly by our payment partners. Coda Payments does not collect, store, or process your bank account information. For information on how we process other payment data that you may provide in the course of making a purchase, please refer to our Privacy Policy
We reserve the right to reject or decline any transaction for any reason or set limits on transaction types and/or amounts.
5. Disputes and Errors
Disputes: Please contact us if you did not receive the Digital Product, if you believe you have been charged in error or if you have experienced any payment-related issues.
You must not make any false or misleading statements when submitting your complaint, or during the subsequent investigation of a dispute. We will investigate all disputes that are filed with us and will make reasonable efforts to resolve them. However, the ultimate resolution of such disputes shall be at Coda Payments’ sole discretion.
If you have any questions or complaints about Call of Duty: Mobile or usage of the Digital Product in Call of Duty: Mobile, please contact Activision here.
Error handling: As part of or separate from the dispute handling process, we may determine that a mistake has been made. If we determine that you have been incorrectly charged or overcharged, we will credit your account or otherwise arrange for a refund to rectify the mistake. If we conclude that you were not charged when you ought to have been, or that you have been undercharged, we may collect a payment from you to rectify the mistake accordingly.
Refunds: You acknowledge and understand that all purchases successfully made on the Web Store are final and non-cancellable. No returns will be accepted, and no refunds will be issued unless expressly specified otherwise in these Terms and Conditions. In the event that a refund is made to you after dispute and/or error handling investigation, your payment instrument will be credited in accordance with the terms and time frame set by your bank or payment service provider.
6. Miscellaneous
Limitation of Liability. WITHOUT LIMITATION OF THE TOU, TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ACTIVISION OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES (THE “ACTIVISION PARTIES”) BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB STORE OR THE DIGITAL PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ANY ACTIVISION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ANY OF THE ACTIVISION PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) HEREUNDER EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE DIGITAL PRODUCT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Release; Waiver. To the greatest extent permitted by the applicable laws and regulations, you hereby agree to release and hold harmless the Activision Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Web Store and the Digital Products, whether under a theory of contract, tort (including negligence), warranty or other theory. In no event shall you, and you hereby irrevocably waive, any right to sue the Activision Parties or to seek or obtain injunctive or other equitable relief in connection with the Web Store and any Digital Product.
Severability. Without limitation of the TOU, if any part, term or provision of these Terms is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if these Terms did not contain the particular part, term or provisions held to be illegal or invalid.
Part II ADDITIONAL TERMS AND CONDITIONS – COUNTRY SPECIFIC
The United States of America
7. Scope of Application
If you are residing in or located in the United States, these provisions ("US Provisions") shall govern your purchase of the Digital Product in addition to Part I (General Terms and Conditions) above, unless specified otherwise. In the event of any conflict between these US Provisions and Part I (General Terms and Conditions) or TOU, these US Provisions shall control to the extent necessary to resolve the conflict.
8. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda US LLC, a Delaware corporation, with a principal place of business at 10000 Washington Boulevard 6th Floor, Culver City, CA 90232 (“Coda US”), and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda US. Coda US may be reached by users in the United States through email at support.us@codapayments.com.
9. Governing law and dispute resolution
These Terms and Conditions (and Terms of Use incorporated herein by reference) shall be governed by and construed according to the laws of the State of California without regard to its conflicts-of-law provisions. The parties shall make good faith efforts to amicably resolve any disputes that arise out of or in connection with these Terms (including any question regarding its existence, validity or termination), but in the event that such efforts shall fail, subject to Section 10 of these US Provisions, either party may pursue any remedies available to it at law or in equity. You and Coda US submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
10. Arbitration
(a) Generally. In the interest of resolving disputes between you and Coda US in the most expedient and cost effective manner, and except as described herein, you agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CODA US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Despite the provisions of Section 10 (a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (3) seek injunctive relief in a court of law in aid of arbitration; or (4) to file suit in a court of law to address an intellectual property infringement claim.
(c) Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 10 within 30 days after the date that you agree to these Terms by sending a letter to Coda US LLC, Attention: Legal Department – Arbitration Opt-Out, 10000 Washington Boulevard 6th Floor, Culver City, California 90232 that specifies: your full legal name, email address, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section 10 will be void and any action arising out of these Terms will be resolved as set forth in Section 9. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
(d) Arbitrator. Any arbitration between you and Coda US will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Coda US. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
(e) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Coda US’s address for notice is: Coda US LLC, 10000 Washington Boulevard 6th Floor, Culver City, California 90232. The Notice of Arbitration must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Coda US may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Coda US must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Coda US in settlement of the dispute prior to the award, Coda US will pay you the higher of: the amount awarded by the arbitrator and US$10,000.
(f) Fees. If you commence arbitration in accordance with these Terms, Coda will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for US $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(g) No Class Actions. YOU AND CODA US 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. Further, unless both you and Coda US agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(h) Mass Arbitration. If 25 or more Demands for arbitration are filed relating to the same or similar subject matter, and counsel for the parties submitting the Demands is the same or coordinated, you and Coda US agree that this will constitute a “Mass Arbitration” under AAA Rules.
(i) Modifications to this Arbitration Provision. If we make any future change to this arbitration provision in Section 10, other than a change to Coda US’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Coda US’s address for Notice of Arbitration, in which case this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
(j) Enforceability. If Section 10 (a) or the entirety of this Section 10 is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section 10 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 9 will govern any action arising out of or related to these Terms.
11. Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the services offered on this Web Store or to receive further information regarding the use of the services.
12. Transactional Limits
Your purchases may be subject to certain financial or transactional limits. Specifically, you may not acquire Digital Products in excess of $2,000 maximum value per electronic device or vehicle (card, code, electronic serial number, mobile identification number, or personal identification number) on any single day. In addition, in no event will Coda US sell Digital Products with a combined total value greater than $10,000 to any one person on any single day.
13. Export
You represent and warrant that you are not located in a country or territory that is subject to economic sanctions or trade embargoes imposed by the U.S. Government (including Cuba, Iran, North Korea, Syria, and Crimea), that you are not listed or identified in any U.S. Government list of sanctioned parties, and that you will comply fully with all relevant export laws and regulations of the United States and other international trade laws applicable to your use of the Web Store.
