BLIZZARD TERMS OF USE AGREEMENT - NORTH AMERICA

Last Updated February 26, 2008

IMPORTANT! PLEASE READ CAREFULLY.

Section 9 - User's Blizzard Account information will be stored on servers in the United States, as well as in your geographic region.





Section 10 - Blizzard's right to suspend or terminate your Blizzard Account





Section 8 - Personal data collection policies and storage locations





Section 11 - Blizzard can revise this Agreement in accordance with the procedure provided in Section 11, and you will only be able to continue using the service if you agree to Blizzard's changes





Section 19 - Procedures for Resolution of Disputes

1. Welcome to Blizzard Entertainment, Inc.'s ("Blizzard") online community service (the "Service"). All use of the Service is governed by the terms and conditions contained in this Agreement, including any future revisions (hereinafter referred to as "Terms of Use" or the "Agreement"). Note that Blizzard may also offer other services through the Service that may be governed by different terms of service. For instance, different terms may apply to different features of the Service, such as the Blizzard Online Store. Any use of the Service not in accordance with these Terms of Use is expressly prohibited.



2. Eligibility. To be eligible to register an account to use the Service (the "Blizzard Account"), you represent that you are over the age of eighteen (18) years or over the age of majority in your country of residence,, or that you are a minor and have obtained consent from your legal representative (parent or guardian) to use the account if you are a resident of the Republic of Korea.



3. Ownership. All title, ownership rights and intellectual property rights in and to the Service, including without limitation the Blizzard Account that you register to use the Service, as well as any rights in and to the Service, including, but not limited to, titles, computer code, themes, objects, character names, stories, dialogue, catch phrases, locations, concepts, artwork, look-and-feel, animations, sounds, musical compositions, audio-visual effects, methods of operation, and any related documentation, "applets" incorporated into the Service, are owned by Blizzard and/or its licensors. The Service is protected by United States and international laws. The Service may contain certain licensed materials, and Blizzard's licensors may enforce their rights in the event of any violation of this Agreement. 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 sole benefit of Blizzard.



4. Establishing an Account. To register a Blizzard Account, you will be required to provide a valid email address. Additionally, you will be required to select a username and a password that is specific to the Blizzard Account (collectively referred to hereunder as "Login Information"). You shall not share the Blizzard Account or the Login Information with anyone other than as expressly set forth herein. Additionally, you may need to provide additional information to Blizzard to activate certain features of the Service, such as the Blizzard Online Store, or to register certain of Blizzard's interactive software products that have been enabled for use on the Service ("Enabled Product(s)"). In consideration of your acceptance of these Terms of Use, Blizzard hereby grants, and by using the Service and/or clicking "ACCEPT" below you thereby accept, a limited, revocable, non-exclusive license to access the Service for your personal, non-commercial use. Note that once the Blizzard Account has been established, you may view and/or revise or delete your Blizzard Account information by logging into the account management page at http://www.blizzard.com/account/. It is a material aspect of this Agreement that you provide accurate, up-to-date contact information in order to continue using the features offered on the Service. Failure to maintain the accuracy of your Blizzard Account information may result in your inability to utilize the Service.



5. Registering Enabled Products to play on the Service. Note that from time to time, Blizzard may notify you that certain Enabled Products can be activated for online play on the Service. To register Enabled Products for use on the Service, you will be requested to provide Blizzard with the unique "Authorization Key" from an Enabled Product in the event that the Enabled Product is a CD-ROM or DVD Rom based production that Enabled Product's activation page. Note that the activation of certain Enabled Products for online play will require that you accept an additional terms of use agreement containing terms and conditions which are specific to the Enabled Product ("Product Terms of Use"). In the event of a conflict between the terms of this Agreement, and the Product Terms of Use, the Product Terms of Use shall govern and supersede the terms of this Agreement.



6. Use of the Blizzard Online Store. The Blizzard Online Store, available through the Service, may offer digital downloadable versions of 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. 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.



7. Additional Information for Blizzard Online Store. To activate your Blizzard Account to use the Blizzard Online Store, you will be required to provide Blizzard with certain personal information, including your name, mailing address and email address. Please note that Blizzard will only collect, store and/or use such personal data in accordance with the applicable laws; for further details regarding data protection on the Blizzard Online Store please see Blizzard's Privacy Policy, which may be viewed on http://www.blizzard.com/privacy.shtml. 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.



8. Data Protection. Blizzard has joined the Safe Harbor, and as such, guarantees a high standard of privacy protection for your information. Blizzard takes the protection of its user's personal information seriously, and abides by all applicable laws related thereto, including Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and any other relevant regulations and laws promulgated by your country of residence. For further details please see our Privacy Policy on http://www.blizzard.com/privacy.shtml.
   
   
9. Location of Blizzard Account Information. Your acceptance of this Agreement is your acknowledgement that you understand and agree that all information collected by Blizzard related to the Service, including information provided during the creation of the Blizzard Account, and/or information that is provided in order to activate certain features of the Blizzard Account, is: (i) for residents of the United States, Canada, Australia, New Zealand, Singapore, Thailand and Malaysia, stored on electronic media located in the United States of America, and: (ii) for Residents of the European Union, on electronic media located in the United States of America, as well as France or Sweden; and (ii) for residents of the Republic of Korea, on electronic media in the United States of America, and also in the Republic of Korea; and that Blizzard's use of such information shall be governed by Blizzard's Privacy Policy, which may be viewed at http://www.blizzard.com/privacy.shtml.



10. 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 on one of the following links:
• To view the terms of sale applicable to residents of the United States, Canada, Mexico, Australia, New Zealand, Singapore, Thailand and Malaysia, click here.
• To view the terms of sale applicable to residents of member countries of the European Union, click here.
• To view the terms of sale applicable to residents of the Republic of Korea, click here.



11. BLIZZARD'S ABSOLUTE RIGHT TO SUSPEND, TERMINATE AND/OR DELETE THE BLIZZARD ACCOUNT. BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE BLIZZARD ACCOUNT AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. IF YOU ARE A RESIDENT OF A COUNTRY WHICH IS A MEMBER OF THE EUROPEAN UNION, OR IF YOU ARE A RESIDENT OF THE REPUBLIC OF KOREA, THE TERMS AND CONDITIONS CONTAINED IN THIS SECTION MAY NOT APPLY TO YOU.



12. Changes to the Terms of Use Agreement or the Program. Blizzard may, from time to time change, modify, add to, supplement or delete the terms and conditions of this Agreement. If necessary or useful to enhance the Service, to protect you from harm, or if Blizzard provides new services, Blizzard may change or modify access policies, the availability of the Service, hours of availability, content, data and software or equipment needed to access the Service. Those changes will be effective upon prior notice as follows: Blizzard will post notification of any such changes to the Service on the website and will post any revised Terms of Use in this location, and may provide other notice which may include by email, postal mail, pop-up screen, or in-game notice. 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 15 herein. The continued use of the Service by you following notice of changes to this Agreement will mean you accept any and all such changes. With the notification, Blizzard will remind you that your continued use means that you accept any and all changes. The modified version of the Agreement shall enter into force at the beginning of the second month following the notification, unless Blizzard has received a notification of termination from you by that time. Subject to the conditions set forth in this Section 12, Blizzard may change, modify, suspend, or discontinue any aspect of the Service at any time or impose limits on certain features or restrict your access to parts or all of the Service.



13. Compliance with Legal Process. Blizzard may, with or without notice to you, disclose your Internet Protocol (IP) address(es), email address, and any other information about you and your activities in response to a written request by law enforcement a court order or other legal process. Blizzard may use or disclose your personal information if Blizzard believes that doing so may protect your safety or the safety of others.



14. Information provided on the Service. Blizzard does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of the Service, including, but not limited to, information accessible via hyperlinks on the service. Any and all statements made in forums, conferences, chat sessions, or otherwise reflect only the views of their authors.



15. Termination. This agreement is effective until terminated by either party. You may terminate this agreement at any time by ceasing all use of the Service and destroying all materials related thereto except, however, products purchased on the Service. Without limitation of the termination rights under Section 11, Blizzard may also terminate this agreement at any time for serious grounds. If you are a resident of a country that is a member of the European Union or the Republic of Korea, note that in the event of a minor breach of this Agreement Blizzard will provide you with notice of your non-compliance prior to terminating the Agreement. If, however, your behavior is utterly unacceptable, in particular if it is illegal or endangers the use of the Service by other users, Blizzard is not required to provide you with such notice. Without limiting the foregoing, a behavior is considered utterly unacceptable in case of disruptive behavior, cheating and instituting attacks upon a Blizzard server. Moreover, Blizzard reserves the right to report any unlawful activity to the competent law enforcement authorities.



16. Acknowledgments. You hereby acknowledge and agree that:

    a. you will have to bear any and all costs and fees associated with your connection to the Service, including, but not limited to, the costs for your Internet access;
    
    b. Blizzard may collect certain identifying information about your computer and its operating system, along with "non-personal" data about you and your Internet browsing, without any further notice to you;
    
    c. you may not institute, assist, or become involved in an attack upon any server of the Service or otherwise attempt to disrupt the servers of the Service. You may not institute any such attack which results in the disruption of any other users of the Service. ANY ATTEMPT BY YOU OR ANY OTHER USER ON AN ACCOUNT TRACEABLE TO YOU TO DAMAGE THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, BLIZZARD RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of the Service.
    
    d. you are personally responsible and liable for the consequences that may result if you violate the terms of this Agreement, either by yourself or through the acts of others, including without limitation termination of your Blizzard Account.

17. Indemnification. Upon Blizzard's written request, you hereby agree to defend, indemnify and hold harmless Blizzard, its parent, subsidiaries, affiliates, licensees, and distributors from liabilities, claims, expenses, and other losses, including attorneys' fees, to the extend arising from or relating to your material breach of this Agreement and/or your use of a Blizzard Account that does not comply with the terms and conditions contained in this Agreement. Blizzard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide the defense for such matter.



18. Disclaimer of Warranty. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. BLIZZARD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. BLIZZARD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IF YOU ARE A RESIDENT OF A COUNTRY WHICH IS A MEMBER OF THE EUROPEAN UNION, OR IF YOU ARE A RESIDENT OF THE REPUBLIC OF KOREA, THE TERMS AND CONDITIONS CONTAINED IN THIS SECTION MAY NOT APPLY TO YOU.



19. Limitation of Liability. BLIZZARD SHALL NOT BE LIABLE FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR LOSS OF DATA. IF YOU ARE A RESIDENT OF A COUNTRY WHICH IS A MEMBER OF THE EUROPEAN UNION, OR IF YOU ARE A RESIDENT OF THE REPUBLIC OF KOREA, THE TERMS AND CONDITIONS CONTAINED IN THIS SECTION MAY NOT APPLY TO YOU.



20. Dispute Resolution and Governing Law. The manner in which you may seek redress of a controversy or claim related to this Agreement ("Dispute") will vary depending upon your country of residence. Nonetheless, to expedite resolution and control the cost of a 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. Such informal negotiations commence upon written notice from one person to the other. Blizzard will send its notice to your billing address and email you a copy to the email address you have provided to us.



• If you are a resident of the United States, Canada, Mexico, Australia, New Zealand, Singapore, Thailand and Malaysia, you may send your notice to Blizzard Entertainment, Inc., P.O. Box 18979, Irvine CA 92623, ATTN: Legal Department.



• If you are a resident of a Member country of the European Union, or a resident of Russia, you may send your notice to Blizzard Entertainment SAS, 32 avenue de l'Europe, 78140 Velizy-Villacoublay ATTN. Legal Department.



• If you are a resident of the Republic of Korea, you may send your notice to Blizzard Entertainment, Ltd., 2F, Kumha Bldg., 41-2, Chungdam-dong, Kangnam-gu, Seoul, 135-766, ATTN: Legal Department.


In the event that you and Blizzard are not able to resolve a Dispute during this informal negotiation period, your right to seek formal legal redress of a Dispute will be determined as follows:


• If you are a resident of the United States, Canada, Mexico, Australia, New Zealand, Singapore, Thailand and Malaysia, the method in which you may seek redress of a Dispute may be viewed here.



• If you are a resident of a member country of the European Union, or Russia, the method in which you may seek redress of a Dispute may be viewed here.



• If you are a resident of the Republic of Korea, the method in which you may seek redress of a Dispute may be viewed here.



21. Miscellaneous. The Service is subject to United States export controls, and may not be exported or re-exported in violation of United States laws or regulations. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.