World of Warcraft Remote - warunki użytkowania

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Last Updated July 30, 2012

BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS LEGAL CONTRACT.

Thank you for using the World of Warcraft Remote Service (the “Service”). These Terms of Use (the “Terms of Use” or the “Agreement”) set forth the terms and conditions under which you are provided access to the Service in the European Union by Blizzard Entertainment S.A.S., and/or its licensors, and all use of the Service is governed by the terms and conditions contained in this Agreement entered into between Blizzard Entertainment, SAS (“Blizzard” or “we”), and yourself, and includes any future revisions implemented according to the procedure described in Section 5 herein. This Agreement is intended to be read in conjunction with, and does not replace, the Battle.net Terms of Use Agreement (the “Battle.net Terms of Use”), the standard World of Warcraft Terms of Use (the “WOW Terms of Use”) or the standard World of Warcraft EULA (the “WOW EULA”). To the extent that any provisions of this Agreement conflicts with any provisions of the Battle.net Terms of Use, the WOW EULA or the WOW Terms of Use, the conflicting provisions of this Agreement shall prevail. This Agreement shall only apply to your use of the Service and not when you are playing Blizzard’s “World of Warcraft®” interactive game. You hereby represent that you are a 'natural person' who is over the age of majority in your country of residence, and agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the Service. Any use of the Service not in accordance with this Agreement is expressly prohibited.

  1. 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. 2. Accessing the Service
    1. a. Requirements. Before you can use the Service, you must: (i) have purchased a valid license to use Blizzard’s “World of Warcraft®” interactive game; (ii) have registered an account on Blizzard’s Battle.net Game Service (an “Account”) which is (and must remain) in good standing; (iii) agree to this Agreement; (iv) have agreed to the Battle.net Terms of Use, the WOW Terms of Use and the WOW EULA; (iv) have agreed to the Privacy Policy; (v) must be a ”natural person” and an adult in your country of residence; and (vi) gain access to the Service (the “Access). Corporations, Limited Liability Companies, partnerships or any other form of legal entity other than a “natural” person may not use this Service. By accepting this Agreement you hereby represent and warrant that you meet the eligibility requirements contained herein. Subject to the law of your country of residence, minors may use the Service using a parent or legal guardian’s Access so long as the parent or legal guardian consents and accepts full responsibility for the conduct of the minor. You are responsible for any internet connection, airtime or mobile fees along with all costs for the necessary equipment that you incur when accessing the Service.

    2. 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. 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. 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:
    1. (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.

    2. (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..

    3. (iii) Blizzard reserves the right to terminate this Agreement without notice, if you fail to comply with any terms contained in this Terms of Use. 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 behavior is utterly inacceptable, in particular, without limitation, if it endangers the use of the Service to other users, Blizzard is not required to provide you with such prior warning. A behavior is considered utterly unacceptable in case of a serious violation of important provisions of this Agreement. A “Serious Violation,” would include a violation of Section 2 above.

  5. 5. Changes to this Agreement. Blizzard may, from time to time change, modify, add to, supplement or delete the terms and conditions of this Agreement. If necessary or useful to enhance the gaming experience, to protect the players against cheaters, or if Blizzard Entertainment provides new services Blizzard may change or modify Access policies, the availability of any of the Service’s features, hours of availability, content, data, software or equipment needed to access the Service. Those changes will be effective upon prior notice as follows: Blizzard will post notification of any such changes to the Service on the World of Warcraft website at http://www.battle.net/legal/termsofuse.shtml and will post any revised Terms of Use for the Service in this location, and may provide other notice which may include by email, postal mail, pop-up screen, or “in-service,” notice to users. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use the Service, and terminate this Agreement in accordance with Section 4(ii) herein. After expiry of one (1) month following the notification, the continued use of the Service by you will mean you accept any and all such changes. With the notification, Blizzard Entertainment will remind you that your continued use after the expiration of one (1) month following the notification means that you accept any and all changes. The modified version of the Agreement shall enter into force at the beginning of the second month following the notification, unless Blizzard has received a notification of termination from you by that time. Subject to the conditions set forth in this Section 5, Blizzard may change, modify, suspend, or discontinue any aspect of the Service at any time or impose limits on certain features or restrict your Access to parts or all of the Service.

  6. 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. 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. 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. 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. 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. 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. By using the Service, 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. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is the complete and exclusive statement of the agreement between you and Blizzard Entertainment concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Blizzard Entertainment; provided, however that this Agreement is in addition to, and does not replace or supplant, the Battle.net Terms of Use, the WOW Terms of Use and the WOW EULA. To the extent that any provisions of this Agreement conflicts with any provisions of the Battle.net Terms of Use, the WOW EULA or the WOW Terms of Use, the conflicting provisions of this Agreement shall prevail.. The section headings used herein are for reference only and shall not be read to have any legal effect. Without limiting Blizzard’s liability under Section 9 above, Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Blizzard's control such as 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.

BY USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO THIS TERMS OF USE, THAT YOU AGREE TO ABIDE BY OUR IN GAME POLICIES.