Diablo III Auction House Terms of Use

Last Revised March 8, 2013

DIABLO® III EU REAL MONEY AUCTION HOUSE

Both the gold and real-money auction house systems for Diablo III will be permanently shut down on March 18, 2014. For more information, please visit diablo3.com

TERMS OF USE

This Terms of Use Agreement, which is referred to in this agreement as the “Auction House TOU”, contains the rules that govern your use of the Diablo® III EU Real Money Auction House, which is referred to in this Auction House TOU as the “Auction House,” which includes assets developed by Blizzard Entertainment, Inc. (“Blizzard Inc.”), which allow you to access the Auction Houses through the ‘in-game’ interface in Blizzard Inc.’s Diablo® III Interactive Game as well as web portals and mobile applications developed by Blizzard Inc. BY USING THE AUCTION HOUSE, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO THESE AUCTION HOUSE TOU and that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.

If you have purchased a license to use Blizzard Inc.’s Diablo® III Interactive Game, referred to hereafter as “Diablo III”, and are a resident of one of the countries listed here which Blizzard Inc. is supporting through its European Office then the license to use the Auction House is provided to you by Blizzard Entertainment SAS, 145 rue Yves Le Coz, 78000 Versailles, France, referred to hereafter as “Blizzard”, “we” or “us”, who will be your contracting party hereunder and your contracting party for all payments and any fees described in Section 7 of this Auction House TOU. Any license to use virtual goods from Diablo III, referred to hereafter as “Loot,” that you purchase and/or sell through the Auction House is purchased or sold by you from and/or to another player, who will be your contracting party for that specific license transfer. All payments shall, however, be made to and by Blizzard.

The Auction House is provided to you as a part of the Battle.net Service, and the Battle.net Terms of Use (the “BNET TOU”) are incorporated herein by this reference; provided, however, that any conflict between the terms of this Auction House TOU and the terms of the BNET TOU will be resolved in favor of the Auction House TOU.

Note that if you have purchased a digital copy of Diablo III via digital download, the Auction House may not be available to you for up to three (3) days after you download and install Diablo III on your computer.

  1. 1. Eligibility. To use an Auction House, you must:
    1. A. Be a natural person and reside in one of the countries listed on the page located at http://eu.battle.net/support/en/article/5200052, which Blizzard Inc. is supporting through its European Office; and
    2. B. Be at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract; and
    3. C. Have purchased a valid license to use Diablo III; and
    4. D. Have a Battle.net Account in good standing; and
    5. E. Have agreed to the Auction House TOU, the BNET TOU and the Diablo III End User License Agreement.
    6. F. Should you wish to use the Battle.net Balance associated with your Battle.net Account (“Battle.net Balance”) to purchase Loot, or receive the proceeds of a sale of Loot into your Battle.net Balance, you must have added an authenticator to your Battle.net Account. You can download the Blizzard Authenticator for mobile devices at https://eu.battle.net/account/support/mobile-auth-download.html, or you can purchase a Blizzard Authenticator at http://eu.blizzard.com/store/search.xml?q=authenticator.
  2. 2. The Auction House.
    1. A. The Auction House gives you the opportunity to buy and sell licenses to use Loot from and to other players.
    2. B. When buying a license to use Loot from another player, your obligation to pay the purchase price shall be to Blizzard only. When selling a license to use Loot to another player, your claim to the payment of the sale price (also referred to as “the proceeds of the sale”, always after deduction of any fees applicable) shall also be to Blizzard only. You shall therefore not have a payment obligation to respectively a claim for payment against the other player and it shall be irrelevant for you when and whether payments are made between Blizzard and the other player.
    3. C. Subject to applicable law, Blizzard reserves the right to change and/or modify the Auction House (including, without limitation, any aspect, feature or functionality of the Auction House) if necessary or useful to enhance the gaming experience, to protect the players or to provide new services. The Auction House is an online service and Blizzard reserves the right to temporarily suspend the Auction House for maintenance, testing, replacement and repair of the equipment related to the Auction House, as well as for transmission interruptions or any other operational needs.
    4. D. Also subject to applicable law, Blizzard shall have the right to enforce this Auction House TOU in its sole and absolute discretion.
  3. 3. Auction House Currencies.
    1. A. Blizzard allows you to buy and sell licenses to use Loot on several different European Auction Houses. The same Loot can only be listed for Sale on one European Auction House at any one time.
    2. B. Each Auction House has its own unique currency. Any payment made to a seller of a license on an Auction House shall be made in the currency used on the Auction House for the sale. For example, if you elect to buy and sell licenses to use Loot on the EU Euro Auction House, if you are bidding, you will only be allowed to bid with Euros, and if you are the winning bidder you must pay in Euros. The seller of the license will be paid in Euros.
    3. C. You must be able to pay for the license to use Loot you win. If you are paying for the license to use Loot using a credit card or other means of payment, in a currency other than the Auction House’s currency, your credit card provider or other payment provider may additionally charge you a currency exchange fee or other fees.
  4. 4. Listing Loot.
    1. A. In order to list Loot for sale on an Auction House, you will need to tell us whether you want the proceeds of any sale to go to your Battle.net Balance, or PayPal account, or other authorized payment provider, should that be an option to you on the Auction House where you are listing the Loot for sale. If you are listing the Loot on the Russian Ruble Auction House, the proceeds of any sale can only be sent to the Battle.net Balance associated with your Battle.net account.
    2. B. You also have the option to set the amount of the starting price, a “Purchase Now Price” up to the maximum allowed by Blizzard.
    3. C. If the auction expires without a winning bid, the Loot will be returned to the Auction House Completed Tab.
    4. D. There is a maximum price that Loot can sell for on each Auction House, which is listed at http://eu.battle.net/support/en/article/5000050.
    5. E. The number of auctions that you may have on each of the Auction House at any one time is limited, and is listed at http://eu.battle.net/support/en/article/4800048.
    6. F. Once you list Loot on an Auction House for Sale, you can cancel the Auction during the first phase of the Auction, referred to herein as the “Pre-Listing Period”. If you cancel the Auction during the Pre-Listing Period, the Loot will be returned to the Auction House Completed Tab. You may view more information on the duration of the Pre-Listing Period here http://eu.battle.net/support/en/article/5000050.
    7. G. Loot that is listed on an Auction House cannot be used while the auction is pending.
    8. H. There is a maximum amount of Battle.net Balance across all currencies that may be held in your Battle.net Balance at any time, which is equivalent to 600 Euros (the “Maximum Battle.net Balance Amount”). If the payment of the amount of the Winning Bid, less the Auction Fee (as defined in Section 7A.), into your Battle.net Balance would make it higher than the Maximum Battle.net Balance Amount, you must select an alternative account (e.g. PayPal account [or other authorized payment provider]) to receive such funds. If you do not select an alternative account or an alternative account is not available in your region, Blizzard will disqualify the auction. If you are listing the Loot on the Ruble Auction House, the proceeds of any sale will be automatically sent to the Battle.net Balance associated with your Battle.net account.
    9. I. If the payment of the amount of the Winning Bid, less the Transaction Fee, into your Battle.net Balance would make it higher than the maximum Battle.net Balance, you must either designate your existing PayPal account to receive such funds, or create a PayPal account to receive the funds.
  5. 5. Bidding on Loot.
    1. A. To bid on Loot, you will need to:
      1. (i) bid at least as much as the starting bid, or if someone has already bid on the Loot, you need to bid no less than 5% more than the current bid, or, if available, you can decide to proceed with an immediate purchase through the “Purchase Now” option; and
      2. (ii) tell us how you are going to pay for the license to use the Loot (Battle.net Balance, PayPal, credit card or other authorized payment method). Please note that when you use a credit card to bid on an item, Blizzard may authorize your credit card for the amount of your bid. Nonetheless, your credit card will only be charged if your bid is the winning bid for the Loot that you are bidding on.
    2. B. If the Seller of the Loot has set a “Purchase Now Price”, you can win the auction by clicking the “Purchase Now,” button and selecting a payment method with sufficient funds to finance the sale of the Loot.
    3. C. Once you bid on Loot, your bid is good until you win the auction or someone else outbids you. If someone outbids you, then your bid is cancelled, unless you set your auction settings to automatically increase bid if you are outbid, up to a maximum bid that you determine. If your bid is cancelled, you will need to place a new bid before the auction for the Loot has ended if you are still interested in the Loot.
    4. D. Note that you cannot bid on your own Loot.
    5. E. You cannot cancel or rescind your bid. Blizzard may reject, refuse or cancel any bid in its sole discretion.
  6. 6. Winning an Auction.
    1. A. Your bid will be the “Winning Bid” for an auction, if
      1. (i) you bid the “Purchase Now Price”; or
      2. (ii) your bid for the Loot is the highest bid when the auction expires.
    2. B. If your bid is the Winning Bid, Blizzard shall use the payment method you specified when you placed the Winning Bid to pay for the Loot. If you chose to pay for the Loot using PayPal, Blizzard will send an SMS message to your phone with a code that you will need to enter into the Auction House’s user interface to authorize the transfer of funds to pay for the Loot you are purchasing. Once the code is entered and sent, Blizzard will complete the transfer of funds from you PayPal account in order to finalize the purchase of the license to use the Loot.
    3. C. If your bid is the Winning Bid, and you don’t pay for the Loot, Blizzard may:
      1. (i) not send the purchaser the Loot, as the purchase agreement between the seller and the purchaser is only concluded once the payment has been made (through Blizzard) by the purchaser
      2. (ii) terminate your privilege to buy and sell licenses to use Loot through any Auction House in accordance with article 12 hereinafter; and/or
      3. (iii) take any sanction, in accordance with article 12 hereinafter, up to, in case of serious payment issue, termination of any of the other privileges that Blizzard has provided to you in connection with Diablo III and Battle.net services.
    4. D. Each auction that has been completed must be verified by Blizzard. Once verified, Blizzard will transfer the license to use the Loot from the seller to you. If Blizzard does not verify the auction, the auction will be disqualified, and the Loot will be returned to the Seller’s in-game stash.
    5. E. Within five (5) days after an auction has been completed and verified by Blizzard, Blizzard will transfer the amount of the “Winning Bid” for an auction, less the Transaction Fee (as defined in Section 7) and, if applicable, less the Transfer Fee (as defined in Section 7), into the account the seller requested when the seller listed the Loot for auction. If the seller chose to have the proceeds from the Auction sent to the seller’s PayPal account, Blizzard will send an email message to the seller’s email account informing him of the transfer of funds to his PayPal account, and if the seller has chosen to receive notices by SMS message, Blizzard will send an SMS message to the seller’s mobile phone informing the seller of the funds transferred to the seller’s PayPal account.
  7. 7. Auction House Fees.
    1. A. Auction Fee. Where the auction is successful and your loot is sold and the auction is completed and verified by Blizzard, an auction fee (the “Auction Fee”) will also be imposed; the Auction Fee will be deducted by Blizzard from the sale price. To calculate the amount of the applicable Auction Fee, please visit http://eu.battle.net/support/en/article/4800048.
    2. B. Transfer Fee. If you, as the seller, decide to receive the proceeds of a sale anywhere besides your Battle.net Balance, you will be charged an additional fee (the “Transfer Fee”) which will also be deducted from the sale price. To calculate the amount of the applicable Transfer Fee, please visit http://eu.battle.net/support/en/article/4800048. Note that for the Rubles Auction House, Transfer Fees are not applicable, as all proceeds of a sale within the Rubles Auction House must be received in your Battle.net Balance.
    3. C. Transaction and Transfer Fees include any applicable value-added-tax.
    4. D. Other Fees. Your payment method provider may also impose additional fees.
  8. 8. Accepted Payment Methods. You may view the payment methods authorized for use on the Auction Houses here http://eu.battle.net/support/en/article/5000050.
  9. 9. No Refund. All Auction House transactions are final, and no refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
  10. 10. Taxes. You are responsible for taxes incurred when you use the Auction Houses. All auctions are subject to all applicable tax laws and regulations. Proceeds from auction sales may be considered income for tax purposes. You should consult with a tax specialist to determine your tax liability for these transactions.
  11. 11. Restrictions and Conditions of Use.
    1. A. You agree:
      1. (i) to use the Auction Houses only for your own individual purposes;
      2. (ii) to access the Auction Houses only with an authorized, unmodified version of Diablo III;
      3. (iii) to accept the risk that you may lose some or all of the value that you exchange as part of your use of the Auction Houses;(iv) not to violate any applicable law or regulation in connection with your use of Diablo III or the Auction Houses;
      4. (v) not to connect to or use the Auction Houses in any way not expressly permitted by this Auction House TOU.
    2. B. You will not:
      1. (i) obtain or attempt to obtain any information from the Auction Houses or Diablo III using any method not expressly permitted by Blizzard;
      2. (ii) intercept, examine or otherwise observe any proprietary communications or protocols used by Diablo III or the Auction Houses, including, without limitation, through the use of a network analyzer, packet sniffer or other device; and
      3. (iii) use any third-party software to collect information from or through Diablo III or the Auction Houses.;
      4. (iv) not to use the Auction Houses as an investment vehicle; and
      5. (iv) use cheats, automation software (bots), mods, hacks, or any other unauthorized third-party software designed to modify or automate any Auction House process.
  12. 12. Suspension or Termination of Access to Use Auction House.
    1. A. YOU HAVE ATTACHED A DIABLO III LICENSE TO YOUR BATTLE.NET ACCOUNT, AND YOU DO NOT MAINTAIN THE CONFIDENTIALITY OF YOUR BATTLE.NET ACCOUNT LOG-IN INFORMATION AS DETERMINED BY BLIZZARD IN ITS SOLE DISCRETION, BLIZZARD MAY REQUIRE THAT YOU ATTACH A BLIZZARD AUTHENTICATOR TO YOUR BATTLE.NET ACCOUNT BEFORE YOU WILL BE ALLOWED ACCESS TO THE AUCTION HOUSE.
    2. B. BLIZZARD MAY SUSPEND, CANCEL OR TERMINATE YOUR ACCESS TO ANY AUCTION HOUSE FOR A VIOLATION OF THIS AUCTION HOUSE TOU, THE DIABLO III END USER LICENSE AGREEMENT, OR THE BNET TOU, INCLUDING, WITHOUT LIMITATION, IF YOU:
      1. (i) BID ON ANY LOOT THAT YOU LISTED ON AN AUCTION HOUSE;
      2. (ii) FAIL TO PAY FOR LOOT FOR WHICH YOU WERE THE WINNING BIDDER;
      3. (iii) VIOLATE THIS AUCTION HOUSE TOU, THE BATTLE.NET TERMS OF USE, ANY BLIZZARD END USER LICENSE AGREEMENT OR ANY BLIZZARD POLICY;
      4. (iv) EXPLOIT ERRORS IN DIABLO III’S DESIGN, FEATURES THAT HAVE NOT BEEN DOCUMENTED, ERRORS IN ANY AUCTION HOUSE, OR PROGRAM BUGS; OR
      5. (v) VIOLATE ANY APPLICABLE LAW, REGULATION, ORDINANCE, OR TREATY, INCLUDING, BUT NOT LIMITED TO, THE COMMISSION OF ANY ACT OF FRAUD, MISREPRESENTATION, MONEY LAUNDERING, OR ILLEGAL GAMBLING.
    3. C. IN THE EVENT THAT BLIZZARD SELLS A LICENSE TO USE LOOT TO YOU AS THE WINNER OF AN AUCTION, AND YOUR PAYMENT CANNOT BE CHARGED TO YOUR CREDIT CARD, OR YOUR PAYMENT IS RETURNED TO BLIZZARD ENTERTAINMENT FOR ANY REASON, BLIZZARD MAY SUSPEND, CANCEL OR TERMINATE YOUR ACCESS TO ANY AUCTION HOUSE, AND/OR DISABLE OR DELETE THE ACCOUNT.
    4. Note that in case of minor violations of these rules, Blizzard will provide you with a prior warning of your non-compliance prior to terminating the Agreement. If, however, your behaviour is utterly inacceptable, in particular if it endangers the experience of other Auction House users, Blizzard is not required to provide you with such prior warning. A behaviour is considered utterly unacceptable in case of a serious violation of this Agreement or any other agreement, terms of use or license contracted with Blizzard. Serious Violation would include a violation of Article III above. Also, note that in the event that Blizzard Entertainment terminates this Agreement for breach of these Terms of Use, you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement.
  13. 13. Suspension or Termination of Auction House. At any time, Blizzard may suspend, cancel or terminate any Auction House for any. In such an event, Blizzard would provide you with at least seventy two (72) hours’ notice that Blizzard will stop processing auctions.
  14. 14. Ownership of Loot. You agree that:
    1. A. Blizzard owns or has the right to use all of the Loot, as well as all of the characters and content that appears in Diablo III.
    2. B. You do not own any of the Loot, characters or other content that appears in Diablo III and that you have no right or title in or to any of the Loot, other than the license to use any Loot granted to you by Blizzard, with the game and the Auction House.
    3. C. You are not allowed to sell, trade or somehow transfer Loot, characters or any other Diablo III content outside of Diablo III or the Auction House.
  15. 15. Warranties, Liability and Indemnification.
    1. A. WITHOUT LIMITING BLIZZARD’S LIABILITY UNDER ARTICLE 15.B. BELOW, THE AUCTION HOUSES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BLIZZARD EXPRESSLY DISCLAIMS ANY WARRANTY
      1. (i) THAT YOU WILL BE ABLE TO ACCESS OR USE ANY AUCTION HOUSE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING;
      2. (ii) THAT ANY AUCTION HOUSE WILL BE UNINTERRUPTED OR ERROR-FREE;
      3. (iii) THAT DEFECTS AFFECTING ANY AUCTION HOUSE WILL BE CORRECTED;
      4. (iv) THAT ANY AUCTION HOUSE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
      5. (v) THAT BLIZZARD WILL MAINTAIN OR CONTINUE ANY AUCTION HOUSE OR ANY ASPECT, FEATURE OR FUNCTIONALITY OF ANY AUCTION HOUSE.
    2. B. Blizzard may only be liable if Blizzard (a) engaged in intentionally damaging conduct; (b) was grossly negligent or (c) is in breach of the requirements of applicable product liability acts according to statutory law or (d) is in breach of an accepted guarantee. Blizzard may be liable in accordance with statutory law for damages arising as a result of injury to life, limb or health. In any other cases Blizzard is only liable for slight negligence if Blizzard is in breach of a “material” contractual obligation hereunder. “Material” in this sense are obligations which are necessary for the fulfillment of the Auction House TOU, the breach of which would jeopardize the purpose of the Auction House TOU and the compliance with which you may generally trust in. In such cases, Blizzard’s liability will be limited to typical and foreseeable damages; in other cases Blizzard shall not be liable for slight negligence.
    3. C. You agree to indemnify, defend and hold Blizzard harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Auction House, or any breach by you of this Auction House TOU, the Diablo III End User License Agreement, or the BNET TOU, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
  16. 16. Governing law and place of jurisdiction.
    1. A. This Auction House TOU shall be governed by and construed under the laws of France, excluding its conflicts of law rules and excluding the UN Convention on Contracts for International Sales of Goods.
    2. B. Those who choose to access any Auction House from locations outside of Europe do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
  17. 17. General.
    1. A. Amendments.
      1. (i) We may, from time to time, change, modify or update these Auction House TOU and the revised Auction House TOU will apply to all subsequent uses of the Auction House. Make sure to review the Auction House TOU before any purchase. For easier reference, we will change the “Last updated” date above.
      2. (ii) Unless otherwise indicated by us, any amendments will apply to your use of any Auction House on and after the effective date of such amendments.
      3. (iii) Your use of any Auction House after the effective date of any amendment will confirm that you agree to the amendment.
      4. (iv) If you do not agree to any amendment, any term of this Auction House TOU, or any other applicable Blizzard policy, you must stop using the Auction Houses.
    2. B. Assignment.
      1. (i) Blizzard may assign this Auction House TOU, in whole or in part, to any person or entity at any time with or without your consent. If you do not agree with such an assignment, you can terminate your access to the Auction House any time by ceasing all use of the Auction House.
      2. (ii) You may not assign this Auction House TOU without Blizzard’s prior written consent, and any unauthorized assignment by you shall be null and void.
    3. C. Export Controls. The files, programs, and any and all computer code contained in or utilized by the Auction Houses may not be re-exported, downloaded or otherwise exported into any country against which the U.S. Government maintains comprehensive economic sanctions or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entity List. Additionally, Blizzard is also restricted from providing services that may be available through the Auction Houses to all such countries and/or individuals. 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.
    4. D. Severability. If any part of this Auction House TOU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Auction House TOU shall be given full force and effect.
    5. E. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Auction House TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in such litigation.
    6. F. No Waiver. Our failure to enforce any provision of this Auction House TOU shall in no way be construed to be a present or future waiver of such provision, or shall in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Auction House TOU shall not constitute a waiver of your obligation to comply with such provision, condition or requirement in the future.
    7. G. Notices. All notices given by you under this Auction House TOU to Blizzard shall be in writing and addressed to: Blizzard Entertainment SAS, 145,rue Yves Le Coz, 78000 Versailles, France Attn: Law Department.
    8. H. Equitable Remedies. You hereby agree that Blizzard would be irreparably damaged if the terms of this Auction House TOU were not specifically enforced, and therefore you agree that Blizzard is entitled, without bond, other security, or proof of damages, to appropriate equitable remedies if you violate this Auction House TOU, in addition to such other remedies Blizzard may otherwise have available to it under applicable laws.
    9. I. Force Majeure. Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
    10. J. Entire Agreement. This Auction House TOU, and the documents incorporated herein, constitute the entire agreement between you and Blizzard with respect to your use of any Auction House and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Blizzard with respect to your use of any Auction House; provided, however, that this Auction House TOU shall coexist, and shall not supersede the Diablo III End User License Agreement.