diff between the battle.net TOU 2009-03-18 and 2010-05-19
Code:| marks changes > marks additions < marks removalsIf you're on Linux, you can get a pretty diff with:Code:** Last updated on March 18, 2009 ** | ** Last Revised 5-19-10 ** The Terms of Use for Battle.Net and related services will change on the 8th of | YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT. June 2010. Please follow this_link and read the new Terms of Use. < Thank you for using the Battle.net service (the "Service"). These Terms of Use 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 (the "TOU" or "Agreement") set forth the terms and conditions under which you are provided access to the Service by Blizzard Entertainment, Inc. ("Blizzard" are provided access to the Service by Blizzard Entertainment, Inc. ("Blizzard" or "we"). This Agreement does not supersede the End User License Agreement (the 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- "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 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 of any Game installed on your computer – and this Agreement governs your use of the Service. the Service. 1. *** Grant of a Limited License to Use the Service. *** 1. *** Grant of a Limited License to Use the Service. *** Subject to your agreement to and continuing compliance with the Terms of 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 Use agreement, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client. You may not use the Service for any authorized, unmodified Game client. You may not use the Service for any other purpose, or using any other method. other purpose, or using any other method. 2. *** Additional License Limitations. *** 2. *** Additional License Limitations. *** The license granted to you in Section 1 is subject to the limitations set 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 forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or any Game in violation of the License Limitations 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 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 the Service and/or Game. You agree that you will not, under any circumstances: circumstances: 1. use cheats, automation software (bots), hacks, mods or any other 1. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, unauthorized third-party software designed to modify the Service, any Game or any Game experience; any Game or any Game experience; 2. exploit the Service, a Game or any part thereof for any commercial 2. exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation (a) use at a cyber cafe, purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other commercial establishment computer gaming center or any other commercial establishment without the express written consent of Blizzard; (b) to communicate without the express written consent of Blizzard; (b) to communicate or facilitate any commercial advertisement or solicitation; (c) for or facilitate any commercial advertisement or solicitation; (c) for gathering in-game currency, items or resources for sale outside the gathering in-game currency, items or resources for sale outside the Game without Blizzard's authorization; or (d) performing in-game Game without Blizzard's authorization; or (d) performing in-game services in exchange for payment outside the Game, e.g., power- services in exchange for payment outside the Game, e.g., power- leveling; leveling; 3. use any unauthorized third-party software that intercepts, "mines", | 3. 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; > 4. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any Game or the or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a of RAM used by any Game or the Service to store information about a character or a Game environment; provided, however, that Blizzard character or a Game environment; provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain may, at its sole and absolute discretion, allow the use of certain third party user interfaces; third party user interfaces; 4. modify or cause to be modified any files that are a part of any | 5. 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 Game or the Service in any way not expressly authorized by Blizzard; Blizzard; 5. host, provide or develop matchmaking services for any Game or the | 6. host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication Service, or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network without limitation unauthorized play over the internet, network play, or as part of content aggregation networks; play, or as part of content aggregation networks; 6. facilitate, create or maintain any unauthorized connection to any | 7. facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; and (b) any connection using emulate, the Service or any Game; and (b) any connection using programs or tools not expressly approved by Blizzard; or programs or tools not expressly approved by Blizzard; or 7. disrupt or assist in the disruption of (i) any computer used to | 8. disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a "Server"); or support the Service or any Game environment (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. 3. *** Requirements. *** 3. *** Requirements. *** Before you can use the Service, you must: (i) agree to this TOU, the | Before you can use the Service, you must: (i) read, understand and agree Privacy_Policy, the "In_Game_Policies," and the applicable Terms of Use | to this TOU, the Privacy_Policy, the In Game Policies, and (ii) register Agreement and EULA for each of the Game(s) you will use with the Service, | an account on the Service (an "Account"). If you want to play a game on if applicable; (ii) purchase a valid license to use the Game(s) you will | the Service, you must additionally read, understand and agree to the In use with the Service, if applicable; and (iii) register an account on the | Game_Policies located here, and the applicable Game-specific Terms of Use Service (an "Account"). You are responsible for any internet connection | and EULA for each of the Game(s) you will use with the Service; and (ii) fees that you incur when accessing the Service. Age restrictions, and | purchase a valid license to use the Game(s) you will use with the provisions governing the use of an Account by minor children, are located | Service. You are responsible for any internet connection fees that you in the In_Game_Policies. Subject to the laws of your country of | incur when accessing the Service. residence, minor children may play a Game using a parent or legal | 4. *** Use of the Service by Minors. *** guardian's Account so long as the parent or legal guardian consents and | Subject to the laws of your country of residence, minor children may accepts full responsibility for the conduct of the child. | utilize an Account established by their parent or legal guardian with the 4. *** Accessing the Service. *** | 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, but not limited to, > your minor child's acceptance of the EULA Games that are playable on the > Service, or any Game-Specific Terms of Use. > 5. *** Accessing the Service. *** 1. *** Account Eligibility. *** 1. *** Account Eligibility. *** You may establish an Account only if you are a "natural person" and You may establish an Account only if you are a "natural person" and an adult in your country of residence. Corporations, Limited an adult in your country of residence. Corporations, Limited Liability Companies, partnerships and other legal or business Liability Companies, partnerships and other legal or business entities may not establish an Account. Individuals prohibited by entities may not establish an Account. Individuals prohibited by Blizzard from using the Service may not create or use an Account, Blizzard from using the Service may not create or use an Account, and doing so and may result in severe civil and criminal penalties. and doing so and may result in severe civil and criminal penalties. By accepting this Agreement, you hereby represent and warrant that By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. you meet these eligibility requirements. 2. *** Establishing an Account. *** 2. *** Establishing an Account. *** When creating or updating an Account on the Service, you are When creating or updating an Account on the Service, you are required to provide Blizzard with certain personal information such required to provide Blizzard with certain personal information such as your name, address, phone number, email address and, in some as your name, address, phone number, email address and, in some cases, payment information. An unused Authentication Key provided cases, payment information. An unused Authentication Key provided to you by Blizzard will be required when adding a Game license to 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 an Account. A Game license must be added to an Account before you can play that Game online, where applicable. You agree that you can play that Game online, where applicable. You agree that you will supply accurate and complete information to Blizzard when will supply accurate and complete information to Blizzard when requested, and that you will update that information promptly after requested, and that you will update that information promptly after it changes. it changes. 3. *** Username and Password. *** 3. *** Username and Password. *** During the Account creation process, you may be required to select During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to a unique username and/or a password (collectively referred to hereunder as "Login Information"), and you may not share the hereunder as "Login Information"), and you may not share the Account or the Login Information with anyone other than as Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify disclosure of the Login Information, you must immediately notify Blizzard by emailing [email protected]. Blizzard by emailing [email protected]. 5. *** Account Suspension/Cancelation. *** | 6. *** Account Suspension/Cancelation. *** BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME 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 FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Blizzard for any type of abuse, including without terminated by Blizzard for any type of abuse, including without limitation a violation of these Terms of Use, will not be reactivated for limitation a violation of these Terms of Use, will not be reactivated for any reason. For purposes of explanation and not limitation, most account any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations suspensions, terminations and/or deletions are the result of violations of this TOU, a Game EULA or other Blizzard policy. You may cancel any of this TOU, a Game EULA or other Blizzard policy. You may cancel any Account registered to you at any time by following the instructions on Account registered to you at any time by following the instructions on the Website. Blizzard may stop offering and/or supporting the Service at the Website. Blizzard may stop offering and/or supporting the Service at any time. any time. 6. *** The Blizzard Online Store. *** | 7. *** The Blizzard Online Store. *** 1. *** Use of the Blizzard Online Store. *** 1. *** Use of the Blizzard Online Store. *** The Blizzard Online Store, available through the Service, may offer The Blizzard Online Store, available through the Service, may offer (a) downloadable versions of Games that have been enabled for use (a) downloadable versions of Games that have been enabled for use on the Service ("Enabled Products"); (b) physical copies of the on the Service ("Enabled Products"); (b) physical copies of the Enabled Products ("Box Product(s)"); and other goods or services Enabled Products ("Box Product(s)"); and other goods or services ("Merchandise"). All purchases made through the Service are also ("Merchandise"). All purchases made through the Service are also subject to the terms and conditions of this Agreement. subject to the terms and conditions of this Agreement. 2. *** Blizzard Online Store. *** 2. *** Blizzard Online Store. *** To use the Blizzard Online Store, you will be required to provide To use the Blizzard Online Store, you will be required to provide Blizzard with certain personal information that will be associated Blizzard with certain personal information that will be associated with the Account. For details regarding the protection of your with the Account. For details regarding the protection of your data, see the Privacy_Policy. data, see the Privacy_Policy. 3. *** Terms of Sale. *** 3. *** Terms of Sale. *** Please visit the Blizzard Terms_of_Sale, hereby incorporated herein Please visit the Blizzard Terms_of_Sale, hereby incorporated herein by this reference, for additional terms and conditions applicable by this reference, for additional terms and conditions applicable to your purchase of goods and services through the Blizzard Store. to your purchase of goods and services through the Blizzard Store. 7. *** Updates. *** | 8. *** Updates. *** 1. *** Agreements. *** 1. *** Agreements. *** Blizzard will update this Agreement as the Service evolves. The | Blizzard will update this Agreement as the Service and law evolves next time you use the Service after such an update, you may be | with new versions (each a "New TOU"). This Agreement will terminate prompted to agree to or decline the revised Agreement. You must | immediately upon the introduction of a New TOU, and you will be agree to all revisions if you choose to continue using the Service. | given an opportunity to review and accept the New TOU. If you Blizzard may also revise other policies, including without | accept the New TOU, and if the Account registered to you remains in limitation the Code of Conduct and other In Game Policies and the | good standing, you will be able to continue using the Account Privacy_Policy, at any time, and the new versions will be available | subject to the terms of the New TOU. If you decline to accept the on the Website. If at any point you do not agree to any portion of | New TOU, or if you cannot comply with the terms of the New TOU for the then-current version of this Agreement, the Code of Conduct the | any reason, you will no longer be permitted to use the Account. Privacy_Policy, or any other Blizzard policy or agreement relating | Blizzard may change, modify, suspend, or discontinue any aspect of to your use of the Service, you must immediately stop using the | the Service at any time. Blizzard may also impose limits on certain Service. | 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. 2. *** Software and Services. *** 2. *** Software and Services. *** In an effort to improve its products and services, Blizzard may In an effort to improve its products and services, Blizzard may require that you download and install updates to the Service and to require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and the Games you have installed on your computer. You acknowledge and agree that Blizzard may update the Service and the Games, including agree that Blizzard may update the Service and the Games, including the Game client(s) on your computer, with or without notifying you. the Game client(s) on your computer, with or without notifying you. 8. *** Ownership. *** | 9. *** Ownership. *** 1. *** Game clients and Service. *** 1. *** Game clients and Service. *** The Game clients and the Service (including without limitation any The Game clients and the Service (including without limitation any titles, computer code, themes, objects, characters, character titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games | transcripts, character profile information, recordings or replays played using a Game client, and the Game client and server | of Games, and the Game client and server software) are copyrighted software) are copyrighted works owned by Blizzard and its | works owned by Blizzard and its licensors. Blizzard reserves all licensors. Blizzard reserves all rights in connection with the | rights in connection with the Games and the Service, including Games and the Service, including without limitation the exclusive | without limitation the exclusive right to create derivative works. right to create derivative works. You agree that you will not | You agree that you will not create any work based on the Games or create any work based on the Games or the Service except as | the Service except as expressly set forth by Blizzard in contest expressly set forth by Blizzard in contest rules, or in Blizzard's | rules, or in Blizzard's Fan Policies, which include without Fan Policies, which include without limitation Blizzard's Machinima | limitation Blizzard's Machinima_Policy and Fan_Art_Submission Policy and Fan_Art_Submission_Policy. Any reproduction or | Policy. Any reproduction or redistribution of any Game not in redistribution of any Game not in accordance with any policy or | accordance with any policy or agreement, including without agreement, including without limitation the Game EULA and the TOU, | limitation the Game EULA and the TOU, is expressly prohibited by is expressly prohibited by law, and may result in severe civil and | law, and may result in severe civil and criminal penalties. criminal penalties. < 2. *** Account. *** 2. *** Account. *** NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT 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 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 AND INURE TO THE BENEFIT OF BLIZZARD. Blizzard does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void. Account, and any such attempt shall be null and void. 3. *** Virtual Items. *** 3. *** Virtual Items. *** Blizzard owns, has licensed, or otherwise has rights to all of the Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Service or the Games. You agree that 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 you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with originating in any Game, or any other attributes associated with the Account or stored on the Service. Blizzard does not recognize the Account or stored on the Service. Blizzard does not recognize any purported transfers of virtual property executed outside of a any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the "real world" of Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in a Game, unless otherwise anything that appears or originates in a Game, unless otherwise expressly authorized by Blizzard in writing. Accordingly, you may expressly authorized by Blizzard in writing. Accordingly, you may not sell in-game items or currency for "real" money, or exchange not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of a Game, without those items or currency for value outside of a Game, without Blizzard's written permission. Blizzard's written permission. 9. *** Fees. *** | 10. *** Fees. *** You agree to pay all fees and applicable taxes incurred by you or anyone 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 using an Account registered to you. If you choose a recurring subscription for any Game, you acknowledge that payments will be subscription for any Game, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription or the Account. your credit card) until you cancel the subscription or the Account. Blizzard may revise the pricing for the goods and services offered Blizzard may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for through the Service, including without limitation subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT BLIZZARD IS NOT REQUIRED TO 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 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 FOR PREPAID TIME WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. VOLUNTARY OR INVOLUNTARY. 10. *** Game Transfers. *** | 11. *** Game Transfers. *** The Authentication Key that accompanies most Game clients can only be 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 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 is registered. The transferability of your license to a Game client is governed by the Game EULA; provided, however, that any transfer of the 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 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 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 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. www.Blizzard.com website, which may require payment of a processing fee. 11. *** RESTRICTIONS AND CONDITIONS OF USE *** | 12. *** RESTRICTIONS AND CONDITIONS OF USE *** 1. *** No Violation of Laws. *** 1. *** No Violation of Laws. *** You agree that you will not, in connection with your use of a Game You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation. client or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make Without limiting the foregoing, you agree that you will not make available through the Service any material or information that available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity). right of any party (including rights of privacy or publicity). 2. *** Misuse of Service. *** 2. *** Misuse of Service. *** You may not connect to or use the Service in any way not expressly You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (b) the Service or any other person's use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks registered to other players, or the computer systems or networks connected to the Service. connected to the Service. 3. *** No Data Mining. *** 3. *** No Data Mining. *** You agree that you will not (a) obtain or attempt to obtain any You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not information from the Service or any Game using any method not expressly permitted by Blizzard; (b) intercept, examine or expressly permitted by Blizzard; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a otherwise observe any proprietary communications protocol used by a client or the Service, whether through the use of a network client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or software to collect information from or through a Game client or the Service, including without limitation information about your the Service, including without limitation information about your character, any Account registered to you, virtual items, other character, any Account registered to you, virtual items, other players, or other Game data. players, or other Game data. 4. *** User Content. *** 4. *** User Content. *** "User Content" means any communications, images, sounds, and all "User Content" means any communications, images, sounds, and all the material and information that you upload or transmit through a the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant including without limitation any chat text. You hereby grant Blizzard a perpetual, irrevocable, worldwide, paid-up, non- Blizzard a perpetual, irrevocable, worldwide, paid-up, non- exclusive, license, including the right to sublicense to third exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. To the extent as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. may have in any User Content. 5. *** Content Screening and Disclosure. *** 5. *** Content Screening and Disclosure. *** We do not, and cannot, pre-screen or monitor all User Content. We do not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your However, our representatives may monitor and/or record your communications (including without limitation chat text) when you communications (including without limitation chat text) when you are using the Service or playing a Game, and you hereby provide are using the Service or playing a Game, and you hereby provide your irrevocable consent to such monitoring and recording. You your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume any limitation chat text or voice communications. We do not assume any responsibility or liability for User Content that is generated by responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole users. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. WE 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 ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other governmental request; (b) to enforce the terms of this or any other agreement or Blizzard policy; (c) to protect our legal rights and agreement or Blizzard policy; (c) to protect our legal rights and remedies; (d) where we feel someone's health or safety may be remedies; (d) where we feel someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior. threatened; or (e) to report a crime or other offensive behavior. 12. *** DISCLAIMER OF WARRANTIES. *** | 6. *** 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 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BLIZZARD DOES NOT WARRANT THAT YOU 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 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 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 DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 13. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION | 14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION 1. BLIZZARD IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF 1. 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 THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL BLIZZARD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE BLIZZARD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY GAME OR ANY GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF BLIZZARD 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 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 PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states liability for consequential or incidental damages, in such states or jurisdictions, the liability of Blizzard and its affiliates or jurisdictions, the liability of Blizzard and its affiliates shall be limited to the fullest extent permitted by law. shall be limited to the fullest extent permitted by law. 2. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR 2. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BLIZZARD IS TO STOP USING THE SERVICE, AND TO ANY DISPUTE WITH BLIZZARD IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU. CANCEL ALL ACCOUNTS REGISTERED TO YOU. 3. You agree to indemnify, defend and hold Blizzard harmless from any 3. You agree to indemnify, defend and hold Blizzard harmless from any claim, demand, damages or other losses, including reasonable claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service or any Game, or any breach 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. by you of this Agreement, the Code of Conduct or any Game EULA. 14. *** DISPUTE RESOLUTION AND GOVERNING LAW. *** | 15. *** DISPUTE RESOLUTION AND GOVERNING LAW. *** 1. Disputes can be expensive and time consuming for both parties. In 1. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to these Terms of Use dispute, controversy or claim related to these Terms of Use ("Dispute"), you and Blizzard agree to first attempt to negotiate ("Dispute"), you and Blizzard agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon arbitration or court proceeding. Negotiations will begin upon written notice. Blizzard will send its notice to your billing written notice. Blizzard will send its notice to your billing address and email you a copy to the email address you have provided address and email you a copy to the email address you have provided to us. You will send your notice to Blizzard at Blizzard to us. You will send your notice to Blizzard at Blizzard Entertainment, P.O. Box 18979, Irvine CA 92623, ATTN: Legal | Entertainment, 16215 Alton Parkway, Irvine, CA 92618, Attn: Legal Department. Department. 2. *** Binding Arbitration. *** 2. *** Binding Arbitration. *** If the parties are unable to resolve a Dispute through If the parties are unable to resolve a Dispute through negotiations, either you or Blizzard may elect to have the Dispute negotiations, either you or Blizzard may elect to have the Dispute (with the exception of those Disputes expressly excluded below) (with the exception of those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. The determination of available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator appropriate, limited by the AAA Consumer Rules. If the arbitrator determines those costs to be excessive, Blizzard will pay all determines those costs to be excessive, Blizzard will pay all arbitration fees and expenses. The arbitration may be conducted in arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Blizzard may litigate in court provided in this Agreement, you and Blizzard may litigate in court to compel arbitration, stay proceeding pending arbitration, or to to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by confirm, modify, vacate or enter judgment on the award entered by the arbitrator. the arbitrator. 3. *** Restrictions. *** 3. *** Restrictions. *** You and Blizzard agree that any arbitration shall be limited to the You and Blizzard agree that any arbitration shall be limited to the Dispute between Blizzard and you individually. YOU ACKNOWLEDGE AND Dispute between Blizzard and you individually. YOU ACKNOWLEDGE AND AGREE THAT (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) AGREE THAT (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON 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) A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. OR ANY OTHER PERSONS. 4. *** Exceptions to Negotiations and Arbitration. *** 4. *** Exceptions to Negotiations and Arbitration. *** You and Blizzard agree that the following Disputes are not subject You and Blizzard agree that the following Disputes are not subject to the above provisions concerning negotiations and binding to the above provisions concerning negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Blizzard's intellectual concerning the validity of, any of your or Blizzard's intellectual property rights; (2) any Dispute related to, or arising from, property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. use; and (3) any claim for injunctive relief. 5. If you are a resident of the United States, any arbitration will 5. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States take place at any reasonable location within the United States convenient for you. For residents outside the United States, any convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you Los Angeles, State of California, United States of America, and you and Blizzard agree to submit to the personal jurisdiction of that and Blizzard agree to submit to the personal jurisdiction of that court. court. 6. *** Governing Law. *** 6. *** Governing Law. *** Except as expressly provided otherwise, this Agreement shall be is Except as expressly provided otherwise, this Agreement shall be is governed by, and will be construed under, the Laws of the United governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to 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 agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Game and/or the Service as supplied by Blizzard to may apply to the Game and/or the Service as supplied by Blizzard to you. If the Act applies, then notwithstanding any other provision you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in 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 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 are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable. with local laws if and to the extent local laws are applicable. 7. *** Severability. *** 7. *** Severability. *** You and Blizzard agree that if any portion of this Section 14 is You and Blizzard agree that if any portion of this Section 14 is found illegal or unenforceable (except any portion of Section 14C found illegal or unenforceable (except any portion of Section 14C above), that portion shall be severed and the remainder of the above), that portion shall be severed and the remainder of the Section shall be given full force and effect. If this Section 14 is Section shall be given full force and effect. If this Section 14 is found to be illegal or unenforceable then neither you nor Blizzard found to be illegal or unenforceable then neither you nor Blizzard will elect to arbitrate any Dispute falling within that portion of will elect to arbitrate any Dispute falling within that portion of this Section 14 found to be illegal or unenforceable and such | this Section 14 to be illegal or unenforceable and such Dispute Dispute shall be decided by a court of competent jurisdiction | shall be decided by a court of competent jurisdiction within the within the County of Los Angeles, State of California, United | County of Los Angeles, State of California, United States of States of America, and you and Blizzard agree to submit to the | America, and you and Blizzard agree to submit to the personal personal jurisdiction of that court. | jurisdiction of that court. 15. *** Third Party Advertising. *** | 16. *** DISCLOSURES; THIRD PARTY FEATURES. *** Blizzard's Games and the Service may incorporate technology of Massive | 1. *** Massive. *** Incorporated ("Massive"), a wholly-owned subsidiary of Microsoft | Blizzard's Games and the Service may incorporate technology of Corporation ("Microsoft"), that enables in-game advertising, and the | Massive Incorporated ("Massive"), a wholly-owned subsidiary of display of other similar in-game objects, which are downloaded | Microsoft Corporation ("Microsoft"), that enables in-game temporarily to your personal computer and replaced during online game | advertising, and the display of other similar in-game objects, play. As part of this process, Massive may collect some information about | which are downloaded temporarily to your personal computer and the game and the advertisements delivered to you, as well as standard | replaced during online game play. As part of this process, Massive information that is sent when your personal computer or game console | may collect some information about the game and the advertisements connects to the Internet including your Internet protocol (IP) address. | delivered to you, as well as standard information that is sent when Massive will use this information to transmit and measure in-game | your personal computer or game console connects to the Internet advertising, as well as to improve the products and services of Massive | including your Internet protocol (IP) address. Massive will use and its affiliates. None of the information collected by Massive will be | this information to transmit and measure in-game advertising, as used to identify you. For additional details regarding Massive's in-game | well as to improve the products and services of Massive and its advertising practices, please see Massive's In-Game Advertising privacy | affiliates. None of the information collected by Massive will be statement at http://go.microsoft.com/fwlink/ | used to identify you. For additional details regarding Massive's ?LinkId=122085&clcid=0x409. The trademarks and copyrighted material | in-game advertising practices, please see Massive's In-Game contained in all in-game advertising are the property of the respective | Advertising privacy statement at http://go.microsoft.com/fwlink/ owners. Portions of the Service are © 2008 Massive Incorporated. All | ?LinkId=122085&clcid=0x409. The trademarks and copyrighted rights reserved. | material contained in all in-game advertising are the property of 16. *** GENERAL *** | the respective owners. Portions of the Service are © 2008 Massive > Incorporated. All rights reserved. > 2. *** Facebook. *** > If you have a registered "Facebook Account" you may opt-in to the > "Facebook Friends" feature which will allow you to see which of > your Facebook friends are registered on the Service. The "Facebook > Account" is subject to separate terms and conditions provided by > Facebook Inc. 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. Facebook disclaims all liability it may otherwise incur as > a result of this Agreement and/or your use of the Service. > 17. *** GENERAL *** 1. *** TOU Revisions. *** 1. *** TOU Revisions. *** The TOU may only be revised in a writing signed by Blizzard or The TOU may only be revised in a writing signed by Blizzard or published by Blizzard on its website. published by Blizzard on its website. 2. *** Assignment. *** 2. *** Assignment. *** Blizzard may assign this Agreement, in whole or in part, to any 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 person or entity at any time with or without your consent. You may not assign the TOU without Blizzard's prior written consent, and not assign the TOU without Blizzard's prior written consent, and any unauthorized assignment by you shall be null and void. any unauthorized assignment by you shall be null and void. 3. *** Severability. *** 3. *** Severability. *** If any part of this Agreement is determined to be invalid or If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect. remainder of the Agreement shall be given full force and effect. 4. *** Attorneys' Fees. *** 4. *** Attorneys' Fees. *** In the event any litigation is brought by either party in In the event any litigation is brought by either party in connection with the TOU, the prevailing party in such litigation connection with the TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. such prevailing party in the litigation. 5. *** Entire Agreement. *** 5. *** Entire Agreement. *** This TOU, including the documents expressly incorporated by This TOU, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not however, that this Agreement shall coexist with, and shall not supersede, Game EULAs and Terms of Use specific to a Blizzard Game. supersede, Game EULAs and Terms of Use specific to a Blizzard Game. 6. *** No Waiver. *** 6. *** No Waiver. *** Our failure to enforce any provision of the TOU shall in no way be 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 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 in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any such provision thereafter. The express waiver by us of any provision, condition or requirement of the TOU shall not constitute provision, condition or requirement of the TOU shall not constitute a waiver of any future obligation to comply with such provision, a waiver of any future obligation to comply with such provision, condition or requirement. condition or requirement. 7. *** Notices. *** 7. *** Notices. *** All notices given by you or required under the TOU shall be in All notices given by you or required under the TOU shall be in writing and addressed to: Blizzard Entertainment, P.O. Box 18979, | writing and addressed to: Blizzard Entertainment, 16215 Alton Irvine CA 92623, ATTN: Legal Department. | Parkway, Irvine, CA 92618, Attn: Legal Department. 8. *** Equitable Remedies. *** 8. *** Equitable Remedies. *** You hereby agree that Blizzard would be irreparably damaged if the You hereby agree that Blizzard would be irreparably damaged if the terms of this Agreement were not specifically enforced, and terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies security, or proof of damages, to appropriate equitable remedies with respect to breaches of the TOU, in addition to such other with respect to breaches of the TOU, in addition to such other remedies as we may otherwise have available to us under applicable remedies as we may otherwise have available to us under applicable laws. laws. 9. *** Force Majeure. *** 9. *** Force Majeure. *** Blizzard shall not be liable for any delay or failure to perform Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, resulting from causes outside the reasonable control of Blizzard, including without limitation any failure to perform hereunder due including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Blizzard's control such to unforeseen circumstances or cause beyond Blizzard's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or shortages of transportation facilities, fuel, energy, labor or materials. materials.
Code:#!/bin/bash for X in "termsofuse" "termsofuse-new"; do wget "http://us.blizzard.com/en-us/company/about/${X}.html" html2text -utf8 "${X}.html" > "${X}.txt" done meld termsofuse.txt termsofuse-new.txt
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06-03-2010 #1
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Battle.Net Terms of Use 2010-05-19
Last edited by Sednogmah; 06-03-2010 at 06:39 PM.
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interesting (fillar).
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Yo dawg i heard you like real life friends so we gave your friends your real life friends to put friends in there real life.....
Friends!!
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