Last Updated July 30, 2012
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS LEGAL CONTRACT.
- 1. Use of the Service. Subject to the terms and conditions of this Agreement, and your agreement to and continuing compliance with this Agreement, Blizzard hereby grants a limited, non-transferable, non-sublicensable and non-exclusive license to use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or mobile device during the Service Term. You may not use the Service for any other purpose, or using any other method or in connection with any other software which is not authorized and distributed by Blizzard.
- 2. Accessing the Service
- b. Gaining Access to the Service. To gain Access to the Service you are required to provide Blizzard with the log-in information for the World of Warcraft account that will be associated with the Service. You agree that you will supply accurate and complete information to Blizzard when requested and that you will update that information promptly after it changes.
- 3. Suspension. Blizzard, in its sole and absolute discretion, may take whatever action it deems necessary to preserve the integrity of the Service. Violation of the terms and conditions set forth in this Agreement may result in actions being taken by Blizzard, effective immediately or at a time determined by Blizzard Entertainment, which may include without limitation: (i) Temporarily suspending your Access to the Service; or (ii) permanently terminating your Access to the Service (see Section 4 below). Without limiting the foregoing, Blizzard retains the right to decline service to any user who violates this Agreement.
- 4. Term/Termination. Your use of the Service shall be limited to the Service Term. This Agreement is effective until the end of the Service Term, unless terminated earlier by either party under the following conditions:
- (i) You may terminate this Agreement and this Service at any time to the end of your current Service Term by sending an email to WOWBILLINGSUPPORTEU@BLIZZARD.COM before your Service Term expires. You will then be able to use the Service until the current Service Term ends and your Service Term will not be automatically renewed.
- (ii) You are entitled to terminate this Agreement with immediate effect under the conditions set forth in Section 5, as well as for personal bankruptcy, imprisonment or hospitalization exceeding your Service Term, or for any other 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. - Support Clients - 145, rue Yves le Coz, 78000 Versailles, France..
- 6. Ownership. The Service and the clients used to access it are copyrighted works owned by Blizzard and its licensors, and Blizzard reserves all rights therein.
- 7. Restrictions and Conditions of Use. The license granted to you in Section 2 above is subject to the limitations set forth in this Agreement, respectively such limitations set forth in Section 2 and 8 (collectively, the “License Limitations”). You agree that you will not (i) violate any applicable law or regulation in connection with your use of the Service; (ii) connect to or use the Service for any commercial purpose, or in any way not expressly permitted by this Agreement; (iii) obtain or attempt to obtain any information from or through the Service using any method or program not expressly authorized by Blizzard; (iv) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; (v) facilitate, create or maintain any unauthorized connection to the Service, including any connection using programs or tools not expressly approved by Blizzard; (vi) disrupt or assist in the disruption of any computer or network resource used to support the Service; (vii) attempt to gain unauthorized Access to the Service, Accounts registered to other players, or the computer systems or network resources connected to or used by the Service; (vii) create or use cheats, automation software (bots), hacks, mods or any unauthorized third-party software designed to modify the Service; (viii) buy, sell or trade for real money game characters, the Account, the Access to the Service or any items used in the game World of Warcraft; (ix) buy or sell for real money or in exchange for in-game currency items that may be used in the game World of Warcraft outside the game without Blizzard’s express authorization; or (x) let any third party, except for a minor for whom you gained Access to the Service, use your Access to the Service.
- 8. Disclaimer of Warranties. WITHOUT LIMITING BLIZZARD’S LIABILITY UNDER CLAUSE 9 BELOW; THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE AND BLIZZARD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blizzard Entertainment expressly notifies you that it is not possible to develop complex software products that are completely free of technical defects. The contractually-specified characteristics of the software and the Service to be provided by Blizzard Entertainment does not require that the software be completely free of programming errors but merely that the software be free of programming errors that materially impair its use.
- 9. Limitation of Liability. Blizzard may only be liable if Blizzard: (i) engaged in intentionally damaging conduct; (ii) was grossly negligent; and/or (iii) is in breach of the requirements of the Product Liability Act according to statutory law. If you access the Service from the territory of Germany or Austria or in such other countries where local laws would apply, Blizzard may also be liable for damages as result of injury of life, limb or health according to statutory law. Blizzard shall not be liable for slight negligence. However, if you access the Service from the territory of Germany or Austria, Blizzard may also be liable for slight negligence if Blizzard is adjudged to be in breach of a “material” contractual obligation hereunder. “Material” in this sense are obligations which are necessary for the fulfillment of the Agreement, the breach of which would jeopardize the purpose of this Agreement and the compliance with which you may generally trust in. In such cases, Blizzard’s liability is limited to typical and foreseeable damages; in other cases Blizzard shall not be liable for slight negligence.
- 10. Governing Law. Except as expressly provided otherwise, this Agreement shall be is governed by, and will be construed under, the laws applicable in your country of residence. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- 11. General. The Service and all related software is further subject to applicable export controls. The software utilized by the Service may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; and (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.