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Special Guest
Join Date: Dec 2008
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Posts: 627
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Re: Battle.net Terms of Use.
Here are the current —as of December 10 2011— Battle.net Terms of Use.
Quote:
BATTLE.NET TERMS OF USE
Last Revised December 10, 2011
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK "REJECT."
Thank you for using the Battle.net service (the “Service”). These Terms of Use (the “TOU” or “Agreement”) set forth the terms and conditions under which you are provided access to the Service by Blizzard Entertainment, Inc. (“Blizzard” or “we”). This Agreement does not supersede the End User License Agreement (the "EULA") that accompanies Blizzard’s games (each a “Game”) or any other Game-specific Terms of Use. The EULA governs your use of the Game client – that part of any Game installed on your computer – and this Agreement governs your use of the Service.
1. Grant of a Limited License to Use the Service. Subject to your agreement to and continuing compliance with the Terms of Use agreement, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client. You may not use the Service for any other purpose, or using any other method.
2. Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or any Game in violation of the License Limitations will be regarded as an infringement of Blizzard’s copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:
A. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;
B. exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other commercial establishment without the express written consent of Blizzard, unless otherwise stated in a Game EULA; (b) to communicate or facilitate any commercial advertisement or solicitation; (c) for gathering in-game currency, items or resources for sale outside the Game without Blizzard’s authorization; or (d) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
C. use the Service for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Blizzard’s prior written consent;
D. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment; provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
E. modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Blizzard;
F. host, provide or develop matchmaking services for any Game or the Service, 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, or as part of content aggregation networks;
G. facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; and (b) any connection using programs or tools not expressly approved by Blizzard; or
H. disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a "Server"); 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.
3. Requirements. Before you can use the Service, you must read, understand and agree to this TOU, the Privacy Policy, the In Game Policies, and register an account on the Service (an “Account”). If you want to play a game on the Service, you must obtain a valid license to use the Game(s) you will use with the Service, agree to the applicable Game-specific Terms of Use and EULA for each of the Game(s) you will use with the Service, and read, understand and agree to the In Game Policies specific to that particular game, which can be found at http://us.blizzard.com/support/index.xml?locale=en_US. You are responsible for any internet connection fees that you incur when accessing the Service.
4. Use of the Service by Minors. Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian with the approval of 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 Terms of Use 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, including without limitation, your Child’s acceptance of the EULA for Games that are playable on the Service, or any Game-specific Terms of Use.
5. Accessing the Service.
A. Account Eligibility. You may establish an Account only if:
1. 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
2. You are not an individual specifically prohibited by Blizzard from using the Service. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time Blizzard becomes aware that you have registered an Account without meeting the foregoing requirements, Blizzard reserves the right to suspend, terminate and/or delete the Account.
B. Establishing an Account. When creating or updating an Account on the Service, you are required to provide Blizzard with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. For certain Games, an unused Authentication Key provided to you by Blizzard will be required when adding a Game license to an Account. A Game license must be added to an Account before you can play that Game online, where applicable. 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.
C. Username and Password. 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"), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, 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.
6. Storing Value on the Account.
A. The Account can be loaded with funds that can only be used to purchase goods and services on Battle.net. The Account is not a credit line, overdraft protection or deposit account. Unless otherwise required by law or permitted by this Agreement, all balances on the Account are non-refundable and may not be redeemed for cash. The Account does not expire, and you will not be charged fees for any reason. Funds which are loaded onto an Account do not accrue interest, and are not insured by the Federal Deposit Insurance Corporation (FDIC).
B. To load value onto the Account, go to https://us.battle.net/account/manage...-purchase.html and follow the instructions provided to you on the page. All Account transactions are governed by the Terms of Sale, which can be viewed at https://us.battle.net/account/manage...n-history.html. The minimum amount that can be loaded to an Account is $1.00, and the maximum daily Account balance is limited to $200.00. Blizzard reserves the right to change the maximum and minimum amounts at any time. You may load different currencies onto the Account (e.g., US Dollars, Mexican Pesos, Chilean Pesos, Argentinian Dollars) in order to engage in transactions on the Diablo III Real Money Auction Houses that use those currencies. The value loaded onto the Account shall be determined by converting the value of each of the various currencies that you have loaded onto the Account to US Dollars using the currency conversion formulas posted on http://online.wsj.com/mdc/public/page/2_3021-forex.html. All amounts loaded onto the Account are held and denominated in U.S. currency. Blizzard will not send you a statement of itemized transactions on the Account. In order to check the balance loaded on the Account, or review recent transactions on the Account, to go https://us.battle.net/account/manage...n-history.html and follow the instructions on the page.
C. Funds loaded onto the Account are used like cash for purchases on Battle.net, and you are responsible for all transactions made by someone using the Account. If you suspect that the Account has been compromised, you should contact Blizzard Customer Service at http://www.battle.net/support. The balance on the Account 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. From that point forward, Blizzard will take actions to freeze the remaining balance on the Account, and will unfreeze the Account once Blizzard has returned the control of the Account back to you.
D. If Blizzard believes that the Account contains funds acquired illegally, either by means of compromising other Accounts or otherwise, Blizzard may remove those funds, suspend your access to the Diablo III Real Money Auction House, terminate the Account, and/or exercise any additional legal remedies available.
E. If you agree to purchase goods or services from Blizzard and thereafter default upon your obligation to pay for such a purchase, you hereby agree that Blizzard shall have the right to freeze any funds currently loaded onto the Account and/or to remove and use those funds to fulfill your payment obligations in full or in part.
7. Account Suspension/Cancelation. BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Blizzard for any type of abuse, including without limitation a violation of these Terms of Use, a Game-specific Terms of Use, or a EULA will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this TOU, a Game-specific Terms of Use, a Game EULA or other Blizzard policy. You may cancel any Account registered to you at any time by following the instructions on the Website. Blizzard may stop offering and/or supporting the Service at any time.
8. Updates.
A. Agreements. Blizzard will update this Agreement as the Service and law evolves with new versions (each a “New TOU”). This Agreement will terminate immediately upon the introduction of a New TOU, and you will be given an opportunity to review and accept the New TOU. If you accept the New TOU, and if the Account registered to you remains in good standing, you will be able to continue using the Account subject to the terms of the New TOU. If you decline to accept the New TOU, or if you cannot comply with the terms of the New TOU for any reason, you will no longer be permitted to use the Account. Blizzard may change, modify, suspend, or discontinue any aspect of the Service at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Service or associated with the Account. Blizzard may also revise other policies, including without limitation the Code of Conduct and other In Game Policies and the Privacy Policy, at any time, and the new versions will be available on the Website. If at any point you do not agree to any portion of the then-current version of this Agreement, the Code of Conduct the Privacy Policy, or any other Blizzard policy or agreement relating to your use of the Service, you must immediately stop using the Service.
B. Software and Services. In an effort to improve its products and services, Blizzard may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Blizzard may update the Service and the Games, including the Game client(s) on your computer, with or without notifying you.
9. Ownership.
A. Game clients and Service. The Game clients and the Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games, and the Game client and server software) are copyrighted works owned by Blizzard and its licensors. Blizzard reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works. You agree that you will not create any work based on the Games or the Service except as expressly set forth by Blizzard in contest rules, or in Blizzard’s Fan Policies, which include without limitation Blizzard’s Video Policy and Fan Art Submission Policy.
B. Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLIZZARD. 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.
C. Virtual Items. Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Service or the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. Blizzard does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in a Game, unless such transfer is made using a marketplace administered by Blizzard, including without limitation the Diablo III Real Money Auction Houses.
10. Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you choose a recurring subscription for any Game, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription or the Account. Blizzard may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT BLIZZARD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PREPAID TIME WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
11. Game Transfers. The Authentication Key that accompanies most Game clients can only be used once, and will connect a Game license to the Account under which it is registered. The transferability of your license to a Game client is governed by the Game EULA; provided, however, that any transfer of the Game client shall have no impact on the Account registered to you, and that Account shall not transfer with the Game client. Purchasers of a license to a used Game client must follow the process detailed on the www.Blizzard.com website, which may require payment of a processing fee.
12. RESTRICTIONS AND CONDITIONS OF USE
A. No Violation of Laws. You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation.
B. Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
C. No Data Mining. You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Blizzard; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
D. User Content. “User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant Blizzard a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
E. Collection of Non-Personal Data. Blizzard shall have the right to obtain data that cannot be used to identify you from your connection to the Service without any further notice to you. Certain Games playable on the Service include a tool that will allow your computer system to forward information to Blizzard in the event that the Game crashes. This tool will collect system and driver data from your computer system during the crash, and forward a report containing that data to Blizzard.
F. Content Screening and Disclosure. Blizzard does not, and cannot, pre-screen or monitor all User Content. However, Blizzard’s representatives may monitor and/or record your communications (including without limitation chat text) when you are using the Service or playing a Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume any responsibility or liability for User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement or Blizzard policy; (c) to protect our legal rights and remedies; (d) where we feel someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
G. Real Life Friends Feature and Identity Disclosure. The Service allows you to disclose your identity to other users of the Service through the “Real Life Friends” feature. If you use the Real Life Friends feature and opt-in to a request to be “Real Life Friends” with another user, that user will be able to see your real name. 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 Life Friends feature. IF YOU OPT-IN TO THE REAL LIFE FRIENDS FEATURE, THOSE PEOPLE YOU DESIGNATE AS “REAL LIFE FRIENDS” WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER “REAL LIFE FRIENDS,” AND YOUR NAME WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR “REAL LIFE FRIENDS’” HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the Real Life Friends feature at any time by deleting all Real Life Friends from your Battle.net Account.
13. DISCLAIMER OF WARRANTIES. 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.
14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
A. BLIZZARD IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL BLIZZARD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY GAME OR ANY GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF BLIZZARD EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Blizzard and its affiliates shall be limited to the fullest extent permitted by law.
B. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BLIZZARD IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
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 Service or any Game, or any breach by you of this Agreement, the Code of Conduct or any Game EULA.
15. DISPUTE RESOLUTION AND GOVERNING LAW.
A. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, that arises out of or relates to these Terms of Use ("Dispute"), you and Blizzard agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Blizzard will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Blizzard at Blizzard Entertainment, 16215 Alton Parkway, Irvine, CA 92618, Attn: Legal Department.
B. Binding Arbitration. If the parties are unable to resolve a Dispute through negotiations, either you or Blizzard may elect to have the Dispute (with the exception of those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and Blizzard’s ability to litigate claims in court and you and Blizzard each agree to waive our respective rights to a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines those costs to be excessive, Blizzard will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Blizzard may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Blizzard agree that any arbitration shall be limited to the Dispute between Blizzard and you individually. YOU ACKNOWLEDGE AND AGREE THAT (1) A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS BETWEEN YOU AND BLIZZARD; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY CLAIM SUBJECT TO ARBITRATION. Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement.
D. Exceptions to Negotiations and Arbitration. You and Blizzard agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Blizzard’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief, and (4) any claim within the jurisdictional limits of the small claims courts.
E. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Blizzard agree to submit to the personal jurisdiction of that court.
F. Governing Law. Except as expressly provided otherwise, this Agreement shall be is governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Game and/or the Service as supplied by Blizzard to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
G. Severability. You and Blizzard agree that if any portion of this Section 14 is found illegal or unenforceable (except any portion of Section 14C above), that portion shall be severed and the remainder of the Section shall be given full force and effect. If this Section 14 is found to be illegal or unenforceable then neither you nor Blizzard will elect to arbitrate any Dispute falling within that portion of this Section 14 to be illegal or unenforceable and such Dispute shall be decided the arbitrator.
16. DISCLOSURES; THIRD PARTY FEATURES.
A. Advertising. Blizzard’s Games and the Service may incorporate third party technology that enables advertising on Battle.net and/or in certain Games playable on Battle.net, 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.
B. Facebook. If you are a registered user of Facebook you may use your Facebook data to enable you to find your Facebook friends on the Service. Your Facebook account is subject to separate terms and conditions provided by Facebook. Note that if you have a Facebook account, your Facebook friends will be able to associate your screen name with your real name on the Service when they use the Facebook friends feature. You hereby acknowledge that Facebook is not responsible for any liability as a result of your use of the Service.
17. GENERAL
A. Assignment. Blizzard may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOU without Blizzard’s prior written consent, and any unauthorized assignment by you shall be null and void.
B. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
C. Attorneys’ Fees. In the event any litigation is brought by either party in connection with the 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 the litigation.
D. Entire Agreement. This Agreement, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not supersede, Game EULAs and Terms of Use specific to a Blizzard Game.
E. 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.
F. Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Blizzard Entertainment, 16215 Alton Parkway, Irvine, CA 92618, Attn: Legal Department.
G. 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 TOU, in addition to such other remedies as Blizzard may otherwise have available to it under applicable laws.
H. 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 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 CLICKING "ACCEPT" BELOW OR 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, AND THAT YOU UNDERSTAND AND ACKNOWLEDGE OUR Privacy Policy.
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17th March 2011, 09:17 PM
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