BATTLE.NET TERMS OF USE
Last Updated on February 18, 2009
BY CLICKING "ACCEPT" BELOW OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS LEGAL CONTRACT.
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 S.A.S., a French company having its registered office at 32 avenue de l’Europe, 78140 Vélizy-Villacoublay ( referred to hereunder as, “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 “Game-Specific Terms of Use Agreement”) or any other 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. In the event of a conflict between the terms of this Agreement and the EULA and/or any Game-specific Terms of Use Agreement the EULA and/or the Game-Specific Terms of Use Agreement shall govern and supersede the terms of this Agreement.
1. Grant of a Limited License to Use the Service. Subject to the terms and conditions contained herein and your continuing compliance with this Agreement, Blizzard hereby grants a limited, non-transferable and non-exclusive license to access the Service for your personal, non-commercial entertainment purposes. To use the Service to play a Game, you may do so by accessing the Service with an authorized, unmodified Game client. You may not use the Service for any other purpose than stipulated herein, or in connection with any other software which is not authorized and distributed by Blizzard.
2. Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in this TOU, respectively such 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:
2.1 create or 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;
2.2 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; (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; (d) selling or trading Game characters or accounts for the Service and/or a Game or (e) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
2.3 buy or sell for real money or in exchange for in-game currency, items or resources that may be used in a Game outside the Game without Blizzard’s authorization;
2.4 let any third person (except for a minor for whom you opened an account on the Service) use your account on the Service or for a Game, but not limited to, using so-called power-leveling services;
2.5 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;
2.6 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;
2.7 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;
2.8 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
2.9 disrupt or assist in the disruption of (a) any computer used to support the Service or any Game environment (each a "Server"); or (b) 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. Accessing the Service.
3.1 Requirements. Before you can use the Service, you must: (a) agree to (i) this TOU and the (ii) Privacy Policy located at
http://eu.blizzard.com/en/privacy.html (referred as the “Privacy Policy” ) and (b) register an account on the Service (an “Account”). If you want to play a Game on the Service you must additionally: (a) agree to (i) Blizzard’s “In Game Policies,” which you may view at
http://www.wow-europe.com/en/policy/,which is incorporated herein by this reference, and (ii) the applicable Game-Specific Terms of Use Agreement and EULA for each of the Game(s) you will use with the Service and (b) purchase a valid license to use the Game(s) you will use with the Service. You are responsible for any internet connection costs and fees that you incur when accessing the Service. You must be a “natural person” and an adult in your country of residence to register an Account on the Service. Corporations, Limited Liability Companies, partnerships or any other form of legal entity other than a “natural person” may not establish an Account, and by accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. Subject to the laws of your country of residence, minor children may play a Game using a parent or legal guardian’s Account so long as the parent or legal guardian consents and accepts full responsibility for the conduct of the child. Note however that if you are a minor residing in the Republic of Korea who has permission from your parent or legal guardian to use the Service, you must register an Account that is independent of the Account registered by your parent or guardian.
3.2 Establishing an Account. When creating or updating an Account on the Service, you are required to provide Blizzard with (a) certain personal information such as your name, address, and email address, (b) in some cases financial information and, (c) when adding a license to a Game, an unused Authentication Key provided to you by Blizzard. 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 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, provided you act willfully or negligently, you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event that 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 by emailing
wowaccountadmin@blizzard.com.
4. The Blizzard Online Store.
4.1 Use of the Blizzard Online Store. The Blizzard Online Store, available through the Service, may offer digital downloadable versions of Blizzard’s interactive software products that have been enabled for use on the Service (“Enabled Products”) for purchase. Additionally, tangible versions of the Enabled Products (“Box Product(s)”) may be offered on the Blizzard Online Store as well as merchandise related to Blizzard and its products, including posters, board games, books, apparel, computer hardware, etc. (collectively referred to herein as "Merchandise"). Please note that the contractual partner for purchases of Box Products and Merchandise for delivery to a resident of the European Union (collectively "Tangible Goods") will be Vivendi Games Europe and subject to the specific Terms of Sale for residents of the European Union. The contractual partner for “Enabled Products” will be Blizzard Entertainment, Inc., a Delaware Corporation located in the United States. All purchases made through the Service are also subject to the terms and conditions of this Agreement. Blizzard will not accept purchase order payments on the Service. In the event that you submit a purchase order as payment for Merchandise, it is automatically deemed rejected, and any terms contained herein and/or in the specific Terms of Sale for your region shall not be binding on Blizzard.
4.2 Additional Information for Blizzard Online. To use the Blizzard Online Store, you will be required to provide Blizzard with certain personal information, including your full name, mailing address and email address, and this information will be associated with the Account. Please note that Blizzard will only collect, store and/or use such personal data in accordance with the applicable laws; for further details regarding the protection of your data, see the Blizzard Privacy Policy at
http://eu.blizzard.com/en/privacy.html. Additionally, you will be required to provide accurate billing information for the payment method you choose to use for each purchase made through the Blizzard Online Store. Failure to update such information without delay shall constitute a material breach of this Agreement.
4.3 Terms of Sale. The terms of sale for products purchased through the Service (“Terms of Sale”) will vary depending upon your country of residence. You may view the Terms of Sale for your country of residence by clicking here.
5. Updates.
5.1 Agreements. Blizzard may, from time to time change, modify, add to, supplement or delete the TOU. Those changes will be effective upon prior notice as follows: Blizzard will post notification of any such changes to the TOU on the website located at
http://eu.blizzard.com/en/legal/terms-of-use.html and will post any revised TOU in this location, and may provide other notice which may include by email, postal mail or pop-up screen. 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 your Account and terminate the Account in accordance with Section 7.2 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 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 Entertainment has received a notification of termination from you by that time.
5.2 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 each of 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, without notifying you.
6. Ownership.
6.1 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 of games played using a Game client, 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, but are not necessarily limited to, Blizzard’s Machinima Policy, set forth on
http://www.wow-europe.com/en/communi...ma/letter.html, and Blizzard’s Fan Art Submission policy located at
http://eu.blizzard.com/en/inblizz/fanart/rules.html. Any reproduction or redistribution of any Game not in accordance with the Game EULA and the Game-Specific Terms of Use Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
6.2 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.
6.3 Virtual Items. Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in its 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 otherwise expressly authorized by Blizzard in writing. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of a Game, without Blizzard’s permission.
7. Termination of Service.
7.1 Blizzard reserves the right to terminate the Service without notice (subject to the subsequent stipulations), if you fail to comply with any terms contained in these TOU, the In Game Policies and/or a Game EULA. In case of minor violations of these rules Blizzard will provide you with a prior warning of your non-compliance prior to terminating the Service. If, however, you behavior is utterly unacceptable, 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 the TOU, the in Game Policies and/or a Game EULA. Important provisions include a violation of Section 2 and 4.2 above.
7.2 You are entitled to terminate this Service at any time by ceasing all use of the Service, except, however, products purchased on the Service. You can cancel your Account registered to you at any time by following the instructions on the Website.
8. 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.
9. Refunds. Certain Games that can be played over the Service may require that you pay a fee to access and play that game, and in certain instances, you may be entitled to a refund or ‘game time’ reimbursement if the Game is not accessible. Please refer to the Game Specific Terms of Use Agreement to determine your entitlement to a refund or “game time reimbursement.”
10. 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 eu.blizzard.com website, which may include a payment of a fee to issue a new Authentication Key.
11. RESTRICTIONS AND CONDITIONS OF USE.
11.1 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. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
11.2 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.
11.3 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.
11.4 User Content. “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, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such 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 Content.
11.5 Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all content. However, if Blizzard becomes aware of unlawful or illegal content, this content will be deleted or access to such content will be blocked.
12. DISCLAIMER OF WARRANTIES. WITHOUT LIMITING BLIZZARD’S LIABILITY UNDER CLAUSE 13 BELOW, 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.
13. 13. LIMITATION OF LIABILITY.
13.1 Blizzard may only be liable if Blizzard (a) engaged in intentionally damaging conduct; (b) was grossly negligent or (c) is in breach of the requirements of the Product Liability Act according to statutory law. Blizzard may be liable in accordance with statutory law for damages arising as a result of injury to life, limb or health. In any other cases Blizzard is only liable for slight negligence if Blizzard is in breach of a “material” contractual obligation hereunder. “Material” in this sense are obligations which are necessary for the fulfillment of the Agreement, the breach of which would jeopardize the purpose of the Agreement and the compliance with which you may generally trust in. In such cases, Blizzard’s liability will be limited to typical and foreseeable damages; in other cases Blizzard shall not be liable for slight negligence.
13.2 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 breach by you of this Agreement, the Code of Conduct or any Game EULA, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws applicable in your country of residence.
15. GENERAL.
15.1 TOU Revisions. The TOU may only be revised in a writing signed by Blizzard, or published by Blizzard on the websites, which include
http://www.blizzard.com http://eu.blizzard.com/en/; and
http://www.blizzard.co.kr.
15.2 Assignment. Blizzard may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. If you are resident in Germany in such a case you are entitled to terminate the agreement with Blizzard. You may not assign the TOU without Blizzard’s prior written consent, and any unauthorized assignment by you shall be null and void.
15.3 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.
15.4 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.
15.5 Entire Agreement. The TOU, including the documents expressly incorporated by reference, 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 Game-Specific Terms of Use Agreements.
15.6 No Waiver. Our failure to enforce any provision of the TOU 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 TOU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
15.7 Notices. All notices given by you or required under the TOU shall be in writing and addressed to: Blizzard Entertainment S.A.S., 32 avenue de l’Europe, 78140 Vélizy-Villacoublay, France, Attn: Legal Department.
15.8 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 we may otherwise have available to us under applicable laws.
15.9 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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08-25-2009, 10:11 PM
Must have took some time to write it (or compile it).
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