Battle.net End User License Agreement
Battle.net End User License Agreement
IMPORTANT! PLEASE READ CAREFULLY.
THIS VERSION OF THE BATTLE.NET END USER LICENSE AGREEMENT WILL BECOME EFFECTIVE ON MARCH 18, 2014 AT 12:00 A.M., G.M.T.
Last Updated February 11, 2014
YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING THE BATTLE.NET CLIENT OR USE THE BATTLE.NET SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THIS SOFTWARE PROGRAM NOR ACCESS THE BATTLE.NET SERVICE.
Thank you for your interest in Blizzard Entertainment, Inc.’s Battle.net® service (the “Service”) and Blizzard’s interactive games (“Games”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Battle.net client software (“Battle.net Client”) to obtain access to the Service, and use Games on the Service provided to you by Blizzard Entertainment S.A.S., a French company having its registered office at 145 rue Yves Le Coz, 78000 Versailles, France (“Blizzard” or “we”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE BATTLE.NET CLIENT OR ANY OF THE GAMES. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN FOURTEEN (14) DAYS AFTER YOUR PURCHASE OF A GAME FROM BLIZZARD, YOU MAY CONTACT BLIZZARD AT https://eu.blizzard.com/support/webform.xml TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF THAT GAME. IF YOU PURCHASED A GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.
The Battle.net Account. To use the Service, you must register, or have previously established, an account on the Service (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:
- You may establish an Account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Blizzard from using the Service.
- The maximum number of Accounts that a person may register on the Service is limited to no more than three (3) Accounts.
- To add a Game license to an Account, an authentication key generated by Blizzard is required. The authentication code will be included in the packaging materials for Games purchased at Retail, and for Games purchased digitally from Blizzard, the authentication code will be assigned to the Account when the Game is purchased. A Game license must be added to an Account before you can play that Game.
- During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”). You agree that you will not use your real name as the password for the Account, and that you will not share the Account or the Login Information with anyone other than as expressly set forth in this Agreement.
- You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Blizzard at http://www.battle.net/support.
- Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on the Service, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
- Your use of the Service and Games to interact with Blizzard and other players is governed by a code of conduct that is maintained and enforced exclusively by Blizzard (the “Battle.net Code of Conduct”). The Battle.net Code of Conduct is not meant to be exhaustive. The Battle.net Code of Conduct is incorporated into this Agreement by this reference, and is available for your review at https://eu.battle.net/support/en/article/ingame-policies.
Grant of License. If you accept and comply with the terms of this Agreement, Blizzard will grant and you will receive a non-sublicensable, and non-exclusive license to use the Service and Games subject to the “License Limitations”, set forth in Section 1(C) below, as follows:
- You may install the Battle.net Client on one or more computers under your legitimate control to access and use the Service.
- You may use the Service, Battle.net Client, and Games for your personal and non-commercial entertainment purposes during the term of this Agreement, unless otherwise the agreement is terminated as set forth in this Agreement.
- You may make and distribute copies of the Battle.net Client free of charge for other potential users’ provided they agree to the terms of this Agreement;
- You may not transfer your rights and obligations to use the Service or Games.
- Certain Games may be subject to specific license terms that my include the following:
- Trial or ‘Starter’ versions of Games allow you to play a limited version of the Game before you will be required to purchase a Game license from Blizzard. Licenses to use the full version of these Games can be purchased through the Service.
- In certain cases, the “full version” of Games can only be played after you purchase a license to play the Game. You will be informed of any requirement to purchase a license before you can use a Game, and of any time limitations that would affect how long you can play a Game.
- You may play the Game(s) you have licensed at publicly available cyber cafés or computer gaming centers on the Service through an Account registered to you on the Service.
License Limitations. You agree that you will not, in whole or in part or under any circumstances, do the following:
- Derivative Works: Copy or reproduce (except as provided in Section 1(B)), translate, reverse, engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Battle.net Client, Service, or Games;
- Cheating: Create, use, offer, advertise, make available and/or distribute the following or assist therein:
- cheats; i.e. methods, not expressly authorized by Blizzard, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
- bots; i.e. any code and/or software, not expressly authorized by Blizzard, that allows the automated control of a Game, the Service and/or any component or feature thereof, e.g. the automated control of a character in a Game;
- hacks; i.e. accessing or modifying the software of a Game or the Service in an manner, not expressly authorized by Blizzard; and/or
- any code and/or software, not expressly authorized by Blizzard, that can be used in connection with the Battle.net client, the Service, a Game and/or any component or feature thereof which changes and/or facilitates the gameplay;
- Prohibited Commercial Uses: Exploit, in their entirety or individual components, the Battle.net Client, the Service or the Game(s) for any purpose not expressly authorized by Blizzard , including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1(B)(v)(3); (ii) gathering in-game currency, items, resources or potions for sale outside of the Service or the Game(s); (iii) performing in-game services, like power-leveling, in exchange for payment outside of the Service or the Game(s); or (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Service or the Game(s);
- “e-sports”: Use the Service or the Game(s) for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining an additional license from Blizzard or obtaining Blizzard’s prior written consent;
- Data “Mining”: Use third-party software that intercepts, collects, reads, or “mines” information generated or stored by the Battle.net Client, Service or the Game(s); provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
- “Duplicated Items”: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Service or the Game(s);
- Matchmaking: Host, provide or develop matchmaking services for the Game(s) or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Blizzard), or as part of content aggregation networks;
- Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Service or the Game(s) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (ii) any connection using third-party programs or tools not expressly authorized by Blizzard;
- Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game(s) or your rights to the Game(s) to any other party in any way not expressly authorized herein;
- Disruption: Disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Game and Service Features.
- Battle.net Balance:
- As an active Account holder, you may participate in Blizzard’s Battle.net Balance service (“Battle.net Balance”). Battle.net Balance can only be used to obtain certain products and services offered by Blizzard; it has no cash value. Blizzard grants you a limited license to acquire, use, and redeem Battle.net Balance pursuant to the terms of this Agreement. Regardless of how it is acquired, Battle.net Balance is non-transferable to another person or Account, does not accrue interest, is not insured by the Federal Deposit Insurance Corporation (FDIC), and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money or monetary value from Blizzard at any time. Battle.net Balance does not constitute a personal property right. Battle.net Balance is not a bank account.
- To add to your Account Battle.net Balance, go to https://eu.battle.net/account/management/ebalance-purchase.html and follow the instructions provided to you on the page. Transactions to add Battle.net Balance or redeem Battle.net Balance are governed by the Terms of Sale, which can be viewed at http://eu.blizzard.com/en-gb/company/about/termsofsale.html. It may take up to five (5) days before purchases of Battle.net Balance are made available on your Account for your use. Certain minimums may apply to purchases when adding Battle.net Balance to your Account, and the maximum value of your Battle.net Balance is limited as is the maximum value of all transactions using Battle.net Balance per day. In order to check the applicable maximum values for your currency, go to https://eu.battle.net/support/en/article/battle-net-balance-faq Blizzard reserves the right to change the maximum and minimum amounts at any time.
- You may choose to add Battle.net Balance in different currencies that are applicable to your country of residence, in order to redeem Battle.net Balance for certain goods and/or services offered on the Service. TO HAVE A BATTLE.NET BALANCE OF MORE THAN A CERTAIN VALUE, YOU MUST HAVE ATTACHED AN AUTHENTICATOR TO YOUR BATTLE.NET ACCOUNT. In order to check the applicable value for your currency, go to https://eu.battle.net/support/en/article/battle-net-balance-faq . Blizzard reserves the right to change the value limitation at any time. You can download the Battle.net Authenticator for mobile devices at https://eu.battle.net/account/support/mobile-auth-download.html. Blizzard will not send you a statement of itemized transactions on the Account. In order to check the Battle.net Balance loaded on the Account, or review recent transactions on the Account, go to https://eu.battle.net/account/management/transaction-history.html.
- You are responsible for all Battle.net Balance transactions, including unauthorized transactions.
- You are responsible for all uses of your Battle.net Balance. If you suspect that the Account has been compromised, you should contact Blizzard customer service at http://eu.blizzard.com/support/webform.xml. Battle.net Balance will only be protected from the point that Blizzard issues a message to you indicating that Blizzard has received your notice that the Account may have been compromised. You are solely responsible for verifying that the proper amount of Battle.net Balance has been added to or deducted from your Account. You can view your Battle.net Balance from your account management page. Note that we may require additional information and/or documentation to verify your claim. From that point forward, Blizzard will take actions to freeze your Battle.net Balance, and will unfreeze your Battle.net Balance once Blizzard has returned control of your Battle.net Balance to you.
- Blizzard reserves the right to reduce, liquidate, deactivate, suspend or terminate Battle.net Balance added to the Account or access to Battle.net Balance or other Blizzard Games or Service features if Blizzard determines, after investigation and in accordance with Section 9(B)(ii) below, that you have misused Battle.net Balance or have otherwise used Battle.net Balance to conduct any fraudulent or illegal activity.
- In the event that you are in any way responsible for compromising Accounts, Blizzard retains the right to remove Battle.net Balance from the Account gained through compromising other Accounts, suspending access to any services provided to you by Blizzard, such as access to in-Game auction houses and/or terminating the Account, subject to the terms of Section 9(B)(ii) below.
- Advertising: Blizzard’s Games and the Service may incorporate third-party technology that enables advertising on the Service and/or in certain Games playable on the Service, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Blizzard and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
- User Created or Uploaded Content: The Service and certain Games may provide you an opportunity to upload and display content on the Service and/or as part of a Game, including the compilation, and/or arrangement of such content (collectively, the “User Content”). User Content specifically does not include a Custom Game, as defined in Section 1(D)(ii)(1) below. You hereby grant Blizzard a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Blizzard shall have the unlimited right to copy, reproduce, fix, modify, adapt, change, process, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, market, license, sublicense, transfer, rent, lease, transmit, make publicly available, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. You represent and warrant that the User Content which you upload to the Service, does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Blizzard may remove any User Content and may related content or elements from the Service at its sole discretion. You hereby waive the right to be identified as the author of the User Content.
- Real ID Feature and Identity Disclosure: The Service allows you to disclose your identity to other users of the Service through the “Real ID” feature provided you have opted in to this feature. Certain features, such as the Battle.net Voice Chat Client, are only available between users of the Service who have opted in to the Real ID feature. Real ID friends can see each other's real name and online status. Your friend will need to approve your request before showing up on your friends list. Please be aware that by sending or accepting a friend request, the real name associated with your account and the character you are logged into will be displayed not only to your friends, but also to all of their Real ID friends. If you are a parent or legal guardian and if you provide your approval to allow your minor child to use your Account, please be aware that your child may opt in to the Real ID Feature and that the real name and online status associated with the Account will be displayed to Real ID friends and to all of their Real ID friends. You may opt out of the Real ID feature at any time by deleting all Real ID friends from your Battle.net Account.
- Blizzard Television Service: Upon your association of a World of Warcraft or StarCraft II: Wings of Liberty Game license with your Account, or by ordering any online services related to World of Warcraft or StarCraft II: Wings of Liberty, you shall receive as part of the fees paid for the online services, access to the online game(s) and access to a television service (ESL Turtle TV), which is an IP TV service featuring, among other content, Blizzard games, Blizzard products and other Blizzard related content.
- Game Features:
- Game Editors: Certain Games, such as “StarCraft® II: Wings of Liberty®”, and “StarCraft® II: Heart of the Swarm™”, include software that will allow you to create custom games, levels, maps, scenarios or other content (“Custom Games”) for use in connection with the Game (hereafter referred as “Game Editor(s)”). For purposes of this Agreement and any agreements referenced herein, “Custom Games” includes the digital files associated with such custom games, levels, maps, scenarios, and other content, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas. A Custom Game may only be used with the Game’s engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is set forth in the StarCraft II Custom Game Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference, and which can be found at http://eu.blizzard.com/en-gb/company/legal/acceptable-use.html. Blizzard may modify, remove, disable, or delete Custom Games at any time in its sole and absolute discretion.
- Community Tournaments: In order to support local e-sports tournament activities, Blizzard hereby grants you a limited, revocable license and right to organize and host small, community tournaments, or a series of tournaments utilizing certain Games (“Community Tournaments”) subject to your compliance with the following conditions:
- The total value of all prizes to be awarded during a Community Tournament must be less than Ten Thousand Dollars ($10,000.00 USD) or the equivalent;
- If you wish to broadcast a Community Tournament, you must comply with the broadcast requirements set forth at http://eu.blizzard.com/en-gb/company/legal/tournament-guidelines.html
- You may not charge fees of any kind for spectators to watch the Community Tournament;
- A Community Tournament cannot be sponsored by any companies that sell or promote any of the following products: pornography (or extremely mature materials); alcohol; tobacco or cigarettes; firearms; competitive online computer games; gambling websites; or any company that is detrimental to Blizzard’s business (hacking, gold services, account selling, key sellers)
- Community Tournaments must comply with all applicable laws and regulations; and
- The rules of the Community Tournament must promote fairness such that skill in playing the Game is what determines who will win or lose a match in a Community Tournament.
For a list of the Games that are eligible for Community Tournaments, and for more information or promotional materials please, visit Blizzard’s Community Tournament website at http://eu.blizzard.com/en-gb/company/legal/tournament-guidelines.html. If you would like to host and/or organize a tournament with any conditions different than the conditions listed above, please contact Blizzard at http://eu.blizzard.com/en-gb/company/legal/tournament-guidelines.html for the necessary licenses.
- Beta Testing of Pre-Release Versions of Games: Certain pre-release versions of Games (“Betas”) may be made available to you through the Service for testing (“Beta Testing”). Beta Testing through the Service will be governed by the following:
- Eligibility: In order to participate in a Beta Test, you must meet the following requirements:
- Blizzard must designate you as a Beta tester;
- The Account that you will use to participate in the Beta Test must be in good standing;
- If the Beta to be Beta Tested is an expansion to another Game, then the Account must be upgraded with all expansions to that particular Game;
- You must be an adult in your country of residence;
- You agree to allow Blizzard to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “System”) prior to registration for the Beta Test in order for Blizzard to determine if you are eligible to participate in the Beta; and
- The System must meet the specifications which Blizzard determines are required for the Beta Test.
- Confidentiality: Certain Beta Tests may be determined by Blizzard to be confidential. If a Beta Test is confidential, you will be informed of the confidential nature of the Beta Test in your invitation to participate in the Beta Test. During a confidential Beta Test, the existence of the Beta and all elements thereof is to be considered confidential. Accordingly, you agree to maintain secrecy associated with a confidential Beta Test until such time as Blizzard informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
- Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
- Information related to the game that you are Beta Testing, such as the game’s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, the Game’s, non-player character interaction, items, armor, weapons, stability of the game, etc.
- Beta Testing Real Money Feature Testing: Certain Games may have features that will allow you to purchase licenses to use digital items or services through the Game’s interface. If you purchase a license to use a digital item or service through the Game’s interface during a Beta Test, all purchases are subject to the Terms of Sale. Blizzard will not provide you with a refund for your purchase of a digital item or service, and items or services purchased during a Beta Test will not be transitioned to the retail release version of a Game in most instances. During your purchase of digital goods or services for real money during a Beta Test, Blizzard will provide you with information that explains what, if any, credit you would receive for your purchase after the Beta Test for that Game has concluded.
- Feedback: During and after the Beta Test, Blizzard may provide you with an opportunity to provide Blizzard with comments, suggestions and impressions of the Beta by using the tools provided to supply feedback and bug reports, internal websites and forums, and such other methods. The Beta may also include a tool that will allow the System to forward system and driver information to Blizzard in the event of a crash. This tool will collect data from System during the crash, and allow you to forward a report to Blizzard via electronic mail.
- Acknowledgments: You acknowledge that:
- the Beta is a work in progress and may contain bugs which may cause loss of data and/or damage to the System;
- you have, or will, back-up your hard drive prior to installation of the Beta;
- you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;
- Blizzard is not liable in any way for the loss of data or damage to the System, interruptions of service, software or hardware failures, or loss of data or disruption of service.
- Blizzard may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, chat, email, message board postings, etc.;
- Blizzard may delete or modify the information stored by the Beta for any reason at any time during the duration of the Beta Test; and
- Blizzard may transfer software program files to the System, including a program that will collect and send Blizzard CPU, RAM, operating system, video card, and sound card information from the System.
- You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Blizzard’s express authorization.
- Termination: Blizzard may terminate a Beta Test at any time, for any reason, or for no reason. Upon termination of the Beta Test, you must delete the Beta and all documents and materials you received from Blizzard in connection with the Beta Test, and remove any elements of the Beta from any hard drives on which the Beta has been installed. You agree and acknowledge that Blizzard’s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, refunds for Game time.
- Sections of the Agreement Applicable to Beta Tests: When participating in a Beta Test, the terms of this Section 1(D)(ii)(3) shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1(D)(ii)(3). Additionally, Section 1(B)(v)(3) of the Agreement is specifically excluded from the use of a Beta.
- Blizzard is the owner or licensee of all right, title, and interest in and to the Battle.net Client, the Service, the Games, Accounts, and all of the features and components thereof. The Service or the Games may contain materials licensed by third-parties to Blizzard, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following, without limitation, are owned or licensed by Blizzard:
- All virtual content appearing within the Service or the Games, such as:
- Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
- Narrations: Themes, concepts, stories, and storylines;
- Characters: The names, likenesses, inventories, and catch phrases of Game characters;
- Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
- All data and communications generated by, occurring through, the Service or the Games.
- All sounds, musical compositions and recordings, and sound effects originating in the Service or the Games;
- All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
- Computer Code, including but not limited to “Applets” and source code;
- Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Service or the Games;
- All Accounts. Note that Blizzard owns all Accounts, and that all use of an Account shall inure to Blizzard’s benefit. Blizzard does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
- All Moral Rights that relate to the Service or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
- The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Service or the Games, except as expressly set forth in this Agreement or otherwise by Blizzard in certain contest rules, Blizzard’s Fan Policies, or addendum to this Agreement.
Pre-Loaded Software. The Service may contain additional software that requires you to agree to additional terms prior to your use (“Additional Software”).
- Installation: You agree that Blizzard may install Additional Software on your hard drive as part of the installation of the Battle.net Client, and from time to time during the term of this Agreement.
- Use: Unless Blizzard grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, or create derivative works based on the Additional Software.
- Copies: You may make one (1) copy of the Additional Software for archival purposes only.
Consent to Monitor. WHEN RUNNING, A GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1(C)(ii) ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (B) BLIZZARD MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO YOU.
Limited Warranty. FOR RESIDENTS OF THE EUROPEAN UNION THE WARRANTIES APPLY AS PER APPLICABLE STATUTARY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION THE FOLLOWING APPLIES: THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BLIZZARD DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Blizzard’s option. To submit a warranty claim to Blizzard, please call 1800 041 378 or send to PO Box 544, Pyrmont NSW 2009 Australia. The user is responsible for the costs of returning media to Blizzard.
Limitations of Liability.
- Blizzard is liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties.
- Without limiting the foregoing, you agree and acknowledge that Blizzard is only liable for slight negligence in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfillment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
Blizzard may, from time to time, change or modify this Agreement as the Service, the Games, and the law evolves. In this case Blizzard will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within one (1) month following the special notice, your continued use of the Service will mean that you accept the amended Agreement. With the special notice Blizzard will remind you that your continued use after the expiration of one (1) month following the special notice means that you accept any and all changes. Those changes or modifications will not affect essential characteristics of the service.
Term and Termination.
Term. This Agreement is effective upon your creation of an Account, and shall remain in effect until for a reasonable period of time. In the event that Blizzard chooses to cease providing the Service, or license to a third party the right to provide the Service, Blizzard shall provide you with no less than three (3) months prior notice.
- You are entitled to terminate this for any legitimate reason as may be specified by applicable law or relevant court decision, subject to prior written notice by mail to the following address: Blizzard Entertainment, S.A.S. – Customer Service, 145 rue Yves Le Coz, 78000 Versailles, France.
- If you fail to comply with any terms contained in this Agreement and/or the In-Game Policies, Blizzard will provide you with a warning of your non-compliance. In case of a serious violation of this Agreement or the In-Game Policies, Blizzard will be entitled to immediately terminate this Agreement and the Service without any prior warning. Serious violations are violations of important provisions which include Sections 1(A)(v), 1(A)(vi), 1(B)(iv), 1(C), 1(D)(i)(2)(g), 2 and 3(B) of this Agreement or repeated violations of other provisions of this Agreement or the In-Game Policies, including further non-compliance where you already have received a prior warning.
- In the event of any termination of this Agreement, your right to access and play Games will be revoked.
This Agreement shall be governed by and construed in accordance with the laws of France.
- Export Controls. The Game(s) may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Commerce Department's Denied Persons List or Entity List. 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.
- Assignment. Blizzard may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights under this Agreement. You may not assign this Agreement without Blizzard’s prior written consent, and any unauthorized assignment by you shall be null and void.
- Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
- Attorneys' Fees. 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 reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
- Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. The provisions of Sections 2, 5, 6, 7, 10, and 11 shall survive termination of this Agreement for any reason.
- No Waiver. Our failure to enforce any provision of the Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- If to Blizzard. All notices given by you under this Agreement shall be in writing and addressed to: Blizzard Entertainment, SAS, 145 rue Yves Le Coz, 78000 Versailles, France, Attn: Law Department.
- Equitable Remedies. You hereby agree that Blizzard would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Force Majeure. Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods or accidents.