Blizzard End User License Agreement

LAST REVISED: 21 March 2024

IMPORTANT NOTICE:

YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING BLIZZARD’S ONLINE GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.

You must be and hereby affirm that you are an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement.

Thank you for your interest in Blizzard’s online gaming services and interactive games, and the interactive games from other developers (“Licensors”) who make their games available through the Battle.net gaming service’s Platform. (Blizzard’s and the Licensors’ games are collectively referred to herein as the “Games”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Platform, and it governs other aspects of the relationship between you and Blizzard as set forth below. As used in this Agreement, the term “Platform” refers collectively, and at times individually, to (1) the Battle.net desktop app software, (2) the Battle.net gaming service, (3) each of the Games, (4) authorized Mobile Apps relating to the Games and the Battle.net game service, and (5) all features and components of each of them, whether installed or used on a computer, console, or mobile device.

Your use of the Platform is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Platform or the Games is being transferred or assigned and this Agreement should not be construed as a sale of any rights. All access to and use of the Platform and the Games is subject to this Agreement, the applicable software documentation, our Privacy Policy, any other documentation referred to in this Agreement which expressly states it is incorporated into this Agreement, and when applicable, any Licensor’s terms (collectively, the “Complete Terms”). The Complete Terms are hereby incorporated into this Agreement by reference (with this Agreement controlling any conflicting terms), and represent the complete Agreement between you and us relating to use of the Platform, the Games, and related services and products, superseding any prior Agreements between you and us, whether written or oral.

In the event of conflict between this Agreement and any Licensor’s terms, see Section 1.B.v.5 below.

If you’ve made a purchase through Battle.net® or the Battle.net® Shop, our Terms of Sale govern such purchases and you should review those terms carefully. In any case of conflict between this Agreement and the Terms of Sale, the Terms of Sale will take precedence.

Subject to the other provisions in this Agreement, this Agreement is applicable for those resident in Europe, the Middle East or Africa.

Except as otherwise provided below, if you reside within Europe, Middle East or Africa and are accessing the Platform, use of the Platform is licensed to you by Activision Blizzard UK Limited, having its registered office at The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom (referred to herein as “Blizzard”, “we,” or “us”).

The Platform
1. The Battle.net Account. To use the Platform, you may be required to register, or have previously registered, a Battle.net Account (an “Account”). Certain Games may not require creation of an Account. Use of the Games, and creation and use of Accounts are subject to the following terms and conditions:
  1. You may establish an Account only if: (i) you are a “natural person” and an adult in your country and state of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Blizzard from using the Platform.
  2. When you create or update an Account, you must:
    1. provide Blizzard with accurate and up to date information that is personal to you, such as, but not limited to, your name and email address. Additionally, in order to play certain Games or use certain features offered on the Platform, you may also be required to provide Blizzard with payment information (such as credit card information). Blizzard’s retention and/or use of your personal information is subject to Blizzard’s Privacy Policy, located at https://www.blizzard.com/en-gb/legal/8c41e7e6-0b61-42c4-a674-c91d8e8d68d3/blizzard-entertainment-privacy-policy (the terms of which are incorporated into this Agreement). Blizzard will also have the right to obtain non-personal data from your connection to the Platform; and
    2. select a unique username and password (collectively referred to hereunder as “Login Information”). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
  3. To play Games, you may need to add a Game license to an Account, which may require an authentication code generated by Blizzard. For Game licenses purchased at retail, the authentication code will either be included in the packaging materials or sent to you via electronic means. If you purchase or download a Game digitally from Blizzard or via an authorized mobile app store (e.g., Apple or Google), the authentication code will be assigned to the Account when you purchase or download the Game.
  4. Please take a few moments to review Blizzard’s Account Security information available here: https://eu.battle.net/support/en/article/14319. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Blizzard at https://support.blizzard.com/. Blizzard, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Blizzard has the information that Blizzard deems necessary to verify your claim, Blizzard will take actions to freeze your Account until Blizzard has returned control of your Account to you. Regardless of any actions Blizzard may take on your behalf, you acknowledge and agree that Blizzard has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.
  5. Subject to the laws of your country of residence, minors may utilize an Account established or play a Game installed by their parent or legal guardian upon the parent/guardian’s acceptance of this Agreement. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account or the Platform (including any Game), you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account or the Platform by your Child whether or not any particular use was authorized by you.
  6. Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
  7. Your use of the Platform to interact with Blizzard and other players is governed by Blizzard’s in-Game Code of Conduct accessible here (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive. The Code of Conduct is incorporated into this Agreement by this reference and is available at: https://eu.battle.net/support/en/article/42673 Please note that violation of any of Blizzard’s Codes of Conduct (including with regard to Your use of Blizzard’s Websites and Forums) may result in penalties against your Battle.net Account, including suspension and/or termination of Game licenses.
  8. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically (e.g., debited from your Blizzard Balance or charged to your credit card) until you cancel the subscription or the Account.
  9. Blizzard may revise the pricing for the goods and services offered through the Platform at any time with a reasonable prior notice. If Blizzard modifies its subscription fees, Blizzard will send you an email notification at least thirty (30) days before the price modifications become live. The new price will only be applicable to you from the date of your subscription renewal. Your continued use after the renewal of your current subscription period means that you accept the updated subscription fees. If you disagree with those price modifications, you may cancel your subscription by clicking the “cancel account” button on the subscription management page in your Battle.net Account before the subscription period with the modified price starts. Your cancellation has to be made before the price changes come into force, otherwise you will be deemed to have accepted those modifications. If you are resident in Germany, we will send you an email notification at least six (6) weeks before the price modifications become live.
  10. For customers who purchased subscriptions which commenced:
    1. prior to 14 November 2022 (the “Specified Date”) and regardless of your country of residence, the payments, fees, charges and applicable taxes for such subscriptions will be payable by you to the following affiliate:
      1. either Activision Blizzard International B.V. (a Dutch company with its registered address at Professor J.H. Bavincklaan 7, 1183 AT Amstelveen, the Netherlands) or Blizzard Entertainment S.A.S. (a French company with its registered address at 2/12 Parvis Colonel Arnaud Beltrame, 78000 Versailles, France), in each case whichever affiliate was the recipient of the last payment made by you for your subscription prior to the Specified Date.
    2. on or after the Specified Date:
      1. if resident in an EU member state, Iceland, Liechtenstein and Norway, all payments, fees, charges and applicable taxes for such subscriptions will be payable by you to the following affiliate: Blizzard Entertainment Ireland Limited (company number 440929), with its registered address at Blackpool Retail Park, Cork, Ireland and VAT number IE9660587A.
      2. if resident in another country other than those listed in Section 1.A.xi.2. above, all payments, fees, charges and applicable taxes for such subscriptions will be payable by you to Activision Blizzard UK Limited.
  11. For customers purchasing any other Content or Services (as defined in Section 11 below), excluding any subscriptions, on or after the Specified Date:
    1. if resident in an EU member state, Iceland, Liechtenstein and Norway, all payments, fees, charges and applicable taxes will be payable by you to the following affiliate:
      1. Blizzard Entertainment Ireland Limited (company number 440929), with its registered address at Blackpool Retail Park, Cork, Ireland and VAT number IE9660587A.
    2. if resident in another country other than those listed in Section 1.A.xii.1 above, all payments, fees, charges and applicable taxes will be payable by you to Activision Blizzard UK Limited.
  12. Valid payment by you to the relevant affiliate as set out in Section 1.A.xi. and 1.A.xiii. above will satisfy the associated payment obligation that you owe to Activision Blizzard UK Limited under this Agreement. Any refunds due to you under this Agreement will be made by the affiliate that received the payment relevant to such refund and such refund payment from such affiliate will satisfy any refund payment obligation owing from Activision Blizzard UK Limited to you.
2. Grant of License. If you accept and comply with the terms of Agreement, Blizzard will grant, and you will receive, a limited non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth in Section 1.C below, as follows:
  1. You may install applicable components or features of the Platform (including the Games) on one or more computers or mobile devices under your legitimate control.
  2. You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
  3. You may not transfer your rights and obligations to use the Platform.
  4. With regards to Games purchased from retailers on original media (e.g., on CD-ROM, DVD, etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Blizzard does not recognize any purported transfer of the Games.
  5. Some of the Games may be subject to specific license terms that may include the following:
    1. Trial or “Starter” versions of Games allow you to play a limited version of the Game before you will be required to purchase a Game license. Licenses to use the full version of these Games can be purchased through the Platform.
    2. In certain cases, the “full version,” of Games can only be played after you purchase and add a Game license to your Account.
    3. You may only play the Game(s) you obtained a license for at authorized publicly-available cyber cafés or computer gaming centers on the Platform through an Account registered to you. You will be informed of any requirement to purchase a license before you can use a Game, and of any time limitations that would affect how long you can play a Game.
    4. Certain Games may be obtained through the Platform, but may not be playable on the Platform. In such an event, the Game will be provided with a separate End User License Agreement that will govern your installation and use of the Game post purchase.
    5. For Games which are produced by Blizzard’s Licensors and distributed through, and/or played upon, the Platform may require that you agree to the Licensor’s End User License Agreement and that you acknowledge other terms, such as Licensor’s privacy policy and terms of use, prior to your being able to play the Game on the Platform. The terms and conditions of Licensor’s End User License Agreement are hereby incorporated into this Agreement by this reference. In the event of a conflict between the terms of this Agreement and a Licensor’s End User License Agreement pertaining to the use of the Licensor’s Game, the Licensor’s End User License Agreement will supersede and govern your use of the Licensor’s Game. However, in the event of a conflict between the terms of this Agreement and the Licensor’s End User License Agreement pertaining to any other aspect of the Platform, this Agreement will supersede and govern your use of the Platform.
    6. FOR INDIVIDUALS BASED IN THE EUROPEAN ECONOMIC AREA: As an integral part of its End User License Agreement (EULA), Microsoft agrees to allow Consumers to play, solely for their personal use, Eligible Games on a Streaming Service on any device that they own, as defined in and pursuant to the Commitments entered into by Microsoft and made legally binding by the European Commission in its decision under Article 8(2) of Regulation (EC) 139/2004 in case M.10646 – Microsoft/Activision Blizzard. See https://www.xbox.com/en-US/legal/activision-blizzard-cloud-game-streaming-eu.
3. License Limitations. Blizzard may suspend or terminate your license to use the Platform, or parts, components and/or single features thereof, as mentioned in Section 10.B hereunder if you do not comply with the Agreement, the Code of Conduct and other applicable terms mentioned in this Agreement, and/or if you violate, or assist others in violating, the specific license limitations set forth below. In case of such a license suspension or termination you will not be entitled to any compensation in regard to the respective suspended or terminated license, including but not limited to game subscriptions, in-game items, currencies and services, tokens, etc. You agree that you will not, in whole or in part or under any circumstances, do the following:
  1. Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.
  2. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
    1. cheats; i.e. methods not expressly authorized by Blizzard (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating the gameplay, including exploits of any in-game bugs, intentionally benefitting from any of the prohibited actions set out in this section C, [whether commercial or otherwise] and thereby granting you and/or any other user an advantage over other players not using such methods;
    2. bots; i.e. any code and/or software, not expressly authorized by Blizzard, that allows the automated control of a Game or part of a Game, or any other feature of the Platform, e.g. the automated control of a character in a Game;
    3. hacks; i.e. accessing or modifying the software of the Platform in any manner not expressly authorized by Blizzard;
    4. any code and/or software, not expressly authorized by Blizzard, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
  3. Prohibited Commercial Uses:
    1. Using the Platform or any third-party systems to commit an illegal or fraudulent action that is prohibited under applicable laws and/or under this End User License Agreement.
    2. Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Blizzard, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.iv.3.); (ii) gathering in-game currency, items, or resources for sale/selling/exchanging outside of the Platform or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Blizzard’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
  4. “esports": Use the Platform for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Blizzard or obtaining Blizzard’s prior written consent. For more information on obtaining appropriate authorization, please visit Blizzard’s website.
  5. Cloud Computing: Use the Platform, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device.
  6. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform; provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
  7. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.
  8. Matchmaking: Host, provide or develop matchmaking services for the Game(s), 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 (except as expressly authorized by Blizzard), or as part of content aggregation networks.
  9. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by Blizzard.
  10. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein. Any sale of Service Provided Content, including, but not limited to, virtual currency for “real” money or exchange of those items or virtual currency for value outside of the Program is prohibited.
  11. Toxicity / Disruption / Harassment: Engage in any toxic behavior, conduct disrupting or diminishing the game experience for other players, or disrupt operation of Blizzard’s Platform in any way, or harass Blizzard’s personnel, including:
    1. Disrupting or assisting in (i) the disruption of any computer used to support the Platform or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
    2. Harassment, “griefing”, toxic, abusive behavior, conduct, or chat affecting other players or otherwise intended to unreasonably undermine or disrupt the Game experiences of others, including but not limited by, intentionally/repeatedly killing your in-game character and/or intentionally/repeatedly letting the opposite player/s to kill your in-game character, intentionally/repeatedly hindering your team in any ways, deliberate inactivity or disconnecting.
    3. Abusive, aggressive, demeaning or offensive behavior towards Blizzard’s Customer Service representatives including but not limited by chat, email, letter, phone or any other means of communication.
    4. To help with fighting toxic behavior and conduct that disrupt or diminish the gaming experience for others, Blizzard may monitor and record any and all communications, electronic or otherwise, without limitation, packets, in-game chat, forum postings, etc. Blizzard may monitor and/or record your communications (including without limitation chat text and voice chat) when you are using a product or service for toxicity analysis, to prevent cheating and fraud, or for enforcement of Blizzard’s End User License Agreement (EULA), as described under Blizzard’s Privacy Policy. In that effect, communications made using a Blizzard Platform should not be considered private, voice chat and other communications may be viewed and/or heard by other users, therefore users should avoid revealing any personal information in those communications.”
  12. Violation of Laws: use the Platform to violate any applicable law or regulation.
  13. Reporting abusive content and violation of these Terms. Blizzard uses appropriate tools and procedures to proactively monitor Content across all Games and Forums. To learn more about how to report abusive content, please visit this page . If you are concerned that someone else is not complying with any part of these Terms or the Code of Conduct, or you believe you have been exposed to inappropriate Content, please contact us at https://eu.battle.net/support/.
4. Platform and Game-Specific Features.
  1. Platform Features.
    1. Global Play. Certain Games feature “Global Play,” which allows you to play with players who are outside of the region associated with the Account that you have registered. The Global Play feature requires that some or all of your personal information provided to Blizzard when you registered the Account be transferred to servers operated by Blizzard in the regions where you wish to play the Game. By agreeing to participate in Global Play, you agree that Blizzard can transfer your data to Blizzard’s servers in each of the regions that you select to participate in using the Global Play feature. For more information, please review Blizzard’s Privacy Policy located at https://www.blizzard.com/en-gb/legal/8c41e7e6-0b61-42c4-a674-c91d8e8d68d3/blizzard-entertainment-privacy-policy (the terms of which are incorporated into this Agreement).
    2. Battle.net Balance.
      1. As an active Account holder, you may participate in Battle.net Balance service (“Battle.net Balance”). Battle.net Balance can only be used to obtain certain products and services offered by Blizzard; it has no cash value. Blizzard grants you a limited license to acquire, use, and redeem Battle.net Balance pursuant to the terms of this Agreement. Regardless of how it is acquired, Battle.net Balance is non-transferable to another person or Account, does not accrue interest, is not insured by any government entity, and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money or monetary value from Blizzard at any time. The Battle.net Balance may be terminated in accordance with the terms and conditions of this Agreement, when we cease providing the software, or this Agreement is otherwise terminated. Battle.net Balance does not constitute a personal property right. Battle.net Balance is not a bank account. And, while you can register and play on multiple Battle.net Accounts, you are not allowed to have more than three (3) Accounts with Battle.net Balance.
      2. To add to your Account Battle.net Balance, go to https://eu.shop.battle.net/en-gb/product/balance and follow the instructions provided to you on the page. Transactions to add Battle.net Balance or redeem Battle.net Balance are governed by the Terms of Sale, which can be viewed at http://eu.blizzard.com/en-gb/company/about/termsofsale.html. It may take up to five (5) days before purchases of Battle.net Balance are made available on your Account for your use. Certain minimums may apply to purchases when adding Battle.net Balance to your Account, and the maximum value of your Battle.net Balance is limited as is the maximum value of all transactions using Battle.net Balance per day. In order to check the applicable maximum values for your currency, go to https://eu.support.blizzard.com/en-gb/article/battle-net-balance-faq. Blizzard reserves the right to change the maximum and minimum amounts at any time.
      3. You may choose to add Battle.net Balance in different currencies that are applicable to your country of residence, in order to redeem Battle.net Balance for certain goods and/or services offered on the Platform. TO HAVE A BATTLE.NET BALANCE OF MORE THAN A CERTAIN VALUE, YOU MUST HAVE ATTACHED AN AUTHENTICATOR TO YOUR BATTLE.NET ACCOUNT. In order to check the applicable value for your currency, go to https://eu.battle.net/support/en/article/25904. Blizzard reserves the right to change the value limitation at any time. You can download the Blizzard Authenticator for mobile devices at https://battle.net/account/management/authenticator.html. Blizzard will not send you a statement of itemized transactions on the Account. In order to check the Battle.net Balance loaded on the Account, or review recent transactions on the Account, go to https://eu.battle.net/account/management/transaction-history.html
      4. You are responsible for all Battle.net Balance transactions, including unauthorized transactions.
      5. You are responsible for all uses of your Battle.net Balance. If you suspect that the Account has been compromised, you should contact Blizzard customer service immediately at http://eu.blizzard.com/support/webform.xml. Battle.net Balance will only be protected from the point that Blizzard issues a message to you indicating that Blizzard has received your notice that the Account may have been compromised. You are solely responsible for verifying that the proper amount of Battle.net Balance has been added to or deducted from your Account. You can view your Battle.net Balance from your account management page. Note that we may require additional information and/or documentation to verify your claim. From that point forward, Blizzard will take actions to freeze your Battle.net Balance, and will unfreeze your Battle.net Balance once Blizzard has returned control of your Battle.net Balance to you.
      6. Blizzard reserves the right to reduce, liquidate, deactivate, suspend or terminate any Battle.net Balance added to the Account or access to Battle.net Balance or other Platform features if Blizzard determines, after investigation and in accordance with Section 10.B below, that you have violated this Agreement, including the license limitations set forth in Section 1.C., misused Battle.net Balance, or have otherwise used Battle.net Balance to conduct any fraudulent or illegal activity. If you are resident in Germany, the terms in sub-section ‘Account’ in Section 13 will apply instead of this Section 1.D.i.2.f.
      7. In the event that you are in any way responsible for compromising Accounts, Blizzard retains the right to remove Battle.net Balance from the Account gained through compromising other Accounts, suspending access to any services provided to you by Blizzard, such as access to in-Game auction houses and/or terminating the Account, subject to the terms of Section 10.B below.
    3. Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform and/or in certain Games playable on the Platform, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Blizzard and/or its authorized third-party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
    4. User Created or Uploaded Content. The Platform may provide you an opportunity to upload and display content on the Platform, such as on the Blizzard forums, and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the “User Content”). User Content specifically does not include a Custom Game, as defined in Section 1.D.ii.1. below. Subject to applicable statutory limitations, you hereby grant Blizzard a perpetual (or for the maximum period of time permitted under applicable law), irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Blizzard will have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, make publicly available, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. If you are resident in the European Economic Area, nothing in this paragraph is intended to affect your statutory rights regarding our use of User Content on the termination of your Agreement with us. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property and/or personality rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Blizzard may remove any User Content and any related content or elements from the Platform at its sole discretion. You hereby agree not to be identified as the author of the User Content. In the event you upload or otherwise transmit to Blizzard any concepts, ideas, or feedback relating to the Platform, you will not be entitled to any compensation for any such submission, unless expressly agreed between you and Blizzard, and Blizzard may freely use any such submission in any manner it deems appropriate. Any such submission by you will not create any contractual relationship between you and Blizzard. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. Depending on the content, additional Terms may apply.
    5. Real ID Feature and Identity Disclosure. The Platform allows you to disclose your real identity to other users of the Platform through the “Real ID Friends” feature. If you use the Real ID feature and opt-in to a request to be “Real ID Friends” with another user, that user will be able to see your real name and online status. If you are a parent or legal guardian and if you provide your approval to allow your minor child to use your Account, please be aware that your child may opt in to the Real ID feature. YOU OPT-IN TO THE REAL ID FEATURE, THOSE PEOPLE YOU DESIGNATE AS A “REAL ID FRIEND” WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER “REAL ID FRIENDS,” AND YOUR NAME AND ONLINE STATUS WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR “REAL ID FRIENDS” HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the Real ID feature in your Batte.net Account settings at any time by deleting all Real ID Friends from your Account.
    6. Blizzard Television Service: Upon your association of a World of Warcraft or StarCraft II: Wings of Liberty Game license with your Account, or by ordering any online services related to World of Warcraft or StarCraft II: Wings of Liberty, you will receive as part of the fees paid for the online services, access to the online game(s) and access to a television service (ESL Turtle TV), which is an IP TV service featuring, among other content, Blizzard games, Blizzard products and other Blizzard related content.
  2. Game Features.
    1. Game Editors. Certain Games include editing software (hereafter referred as “Game Editor(s)”) that will allow you to create custom games, levels, maps, scenarios or other content (“Custom Games”). For purposes of this Agreement and any Agreements referenced herein, “Custom Games” includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas. A Custom Game may only be used with the Game’s engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is set forth in the Custom Game Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference, and which can be found at http://eu.blizzard.com/en-gb/company/legal/acceptable-use.html. Blizzard may modify, remove, disable, or delete Custom Games at any time in its sole and absolute discretion.
    2. Community Tournaments. In order to support local esports tournament activities, Blizzard provides a license program for organizers of community tournaments under its Community Competition license, which can be found at https://eu.blizzard.com/en-gb/company/legal/community-competition-license.html.
    3. Beta Testing Pre-Release Versions of Games. Certain pre-release versions of Games may be made available to you through the Platform for testing (“Beta Test”). Your participation in a Beta Test through the Platform will be governed by the following:
      1. Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
        
        Blizzard must designate you to participate in a Beta Test (a “Beta Tester”);
        
        The Account that you will use to participate in the Beta Test must be in good standing;
        
        If the Beta Test is to test an expansion to a Game, then the Account must be upgraded with all previous expansions to that particular Game;
        
        You agree to allow Blizzard to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “Beta Test System”) prior to registration for the Beta Test in order for Blizzard to determine if you are eligible to participate in the Beta Test; and
        
        The Beta Test System must meet the specifications which Blizzard determines are required for the Beta Test.
      2. Confidentiality. If Blizzard announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof will be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until Blizzard informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
        
        Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
        
        Information related to the Game that you are Beta Testing, such as the Game’s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armor, weapons, stability of the Game, etc.
      3. Beta Tests and Real Money Features. Certain Games may have features that will allow you to purchase licenses to use digital items or services through the Game’s interface. If you purchase a license to use a digital item or service through the Game’s interface during a Beta Test, all purchases are subject to the Terms of Sale. Blizzard will not provide you with a refund for your purchase of a digital item or service, and in some cases, items or services purchased during a Beta Test may not transition to the retail release version of a Game. In those cases, Blizzard will provide you with information that explains what, if any, credit you would receive for your purchase of digital goods or services for real money during a Beta Test once the Beta Test has concluded.
      4. Feedback. During and after the Beta Test, you may be provided with an opportunity to give Blizzard your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to Blizzard in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to Blizzard via electronic mail.
      5. Acknowledgments. You acknowledge that:
        
        the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data, in-game progression, in-game content and/or damage to your computer system;
        
        you have, or will, back-up your hard drive prior to installation of the Beta;
        
        you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
        
        Blizzard is not liable in any way for the loss of data or damage to the Beta Test System, interruptions in service, software or hardware failures, or loss of data or disruption of service;
        
        Blizzard may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-game chat, forum postings, etc.;
        
        Blizzard may delete or modify the information stored by the Platform or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
        
        Blizzard may transfer software program files to the Beta Test System, including a program that will collect and send Blizzard CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and
        
        You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Blizzard’s express authorization.
      6. Termination. Blizzard can terminate a Beta Test at any time. When Blizzard terminates a Beta Test, you must delete the pre-release version of the Game that was the subject of the Beta Test and all documents and materials you received from Blizzard in connection with the Beta Test, and you may be asked by Blizzard to remove any elements of the Beta from any hard drives on which the pre-release version of the Game that was the subject of the Beta Test has been installed. You agree and acknowledge that Blizzard’s termination of the Beta Test will not be grounds for any refunds of any kind, including, but not limited to, digital items, refunds for time purchased to access World of Warcraft, etc.
      7. Sections of the Agreement Applicable to Beta Tests. When participating in a Beta Test, the terms of this Section 1.D.ii.3. will supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1.D.ii.3. Additionally, Section 1.B.iv.3. of the Agreement is specifically excluded from the use of a Beta.
5. Alterations to the Platform
  1. Patches and Updates: Blizzard may update the Platform or part of the Platform, including Games, in order to, for example, without limitation:
    1. ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements;
    2. perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements;
    3. update or upgrade the Platform including updating the structure, design, or layout of the Platform;
    4. balance, improve, update, or renew a Game;
    5. ensure the security of the Platform; and
    6. to combat illegal and/or harmful activities and the use of unauthorized programs or other activities which breach this Agreement.
  2. Unless otherwise required by applicable laws and provided that any such updates do not result in material derogation in the functionality of the Platform:
    1. You hereby grant to Blizzard consent to deploy and apply such patches, updates, and modifications; and
    2. We may update the Platform remotely without notifying you.
  3. If you are resident in a country in the European Economic Area: If any updates to the Platform result in a negative impact to your access or use of the Platform in a more than minor way, we will give you notice of such changes. If you don’t agree to the changes, you will be able to terminate your Agreement with us within 30 days from the date of any notice we provide, or 30 days from when the change comes into effect, whichever is later. You may also be able to receive a proportionate refund for any aspects of the Platform, including Games paid for but not received. Please visit https://eu.battle.net/support/en/help/ for more information. If you do not object to the changes or terminate the Agreement within the stated time limit, we will take that as your acceptance of the changes. If you are resident in Germany, the terms in the sub-section ‘Patches and Updates’ in Section 13 will apply instead of Sections 1.B.i - 1.B.iii.
  4. You understand that some additional storage space may be necessary to install Patches and Updates.
  5. You understand that if you do not install the Patches and Updates in accordance with the instructions we provide to you (and we have informed you of the consequences of not installing the Patches and Updates), you may lose access to all or certain functionality in the Platform and we will not be liable for any malfunction or error to the Platform caused by your failure to install the Patches and Updates.
  6. You are responsible for any and all broadband or network access and usage fees necessary to access and use the Platform.

Blizzard’s Ownership.
1. With the sole exception of the Licensors’ Games, Blizzard is the owner or licensee of all right, title, and interest in and to the Platform, including the Games that are produced and developed by Blizzard Entertainment, Inc. (“Blizzard Games”), Custom Games derived from a Blizzard Game, Accounts, and all of the features and components thereof. The Platform may contain materials licensed by third-parties to Blizzard, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Platform (which do not include content or components of the Licensors’ Games), are owned or licensed by Blizzard:
  1. All virtual content appearing within the Platform, including the Blizzard Games, such as:
    1. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
    2. Narrations: Themes, concepts, stories, and storylines;
    3. Characters: The names, likenesses, inventories, and catch phrases of Game characters;
    4. Items: Virtual goods, such as digital cards, currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.;
  2. All data and communications generated by, or occurring through, the Platform;
  3. All sounds, musical compositions, recordings, and sound effects originating in the Platform;
  4. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
  5. Computer code, including but not limited to “Applets” and source code;
  6. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform;
  7. All Accounts, including the name of the Account and any Battle Tags associated with an Account. All use of an Account will inure to Blizzard’s benefit. 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 will be null and void and may result in the forfeiture of the Account;
  8. All Moral Rights that relate to the Platform, including Custom Games derived from a Blizzard Game, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
  9. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Platform, except as expressly set forth in this Agreement or otherwise by Blizzard in certain contest rules, Terms and Conditions of Fan Art Submissions to Blizzard Entertainment (the terms of which are incorporated into this Agreement), Blizzard Video Policy or addenda to this Agreement.

Pre-Loaded Software. The Platform may contain additional software that requires you to agree to additional terms prior to your use thereof (“Additional Software”).
1. Installation. You agree that Blizzard may install Additional Software on your hard drive as part of the installation of the Platform, and from time to time during the term of this Agreement.
2. Use. Unless Blizzard grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Blizzard grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software will be subject to the terms of this Agreement. If you uninstall any Additional Software, you acknowledge that your access to the Platform may be impacted and, in some cases, you may not be able to access the Platform at all.
3. Copies. You may make one (1) copy of the Additional Software for archival purposes only.

Consent to Monitor. WHILE RUNNING, THE PLATFORM (INCLUDING A GAME) MAY MONITOR YOUR COMPUTER, CONSOLE OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1.C. ABOVE. IN THE EVENT THAT THE PLATFORM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE PLATFORM MAY COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) BLIZZARD MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Blizzard in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to Blizzard receiving and/or using this data.

Limited Warranty.
1. For residents of the European Economic Area and the United Kingdom, your statutory warranties apply as per applicable local law. For residents of the European Economic Area, your local laws may also provide you with a legal guarantee that the Platform will be in legal conformity at the time of supply and during the life of this contract with you. Under this legal guarantee, we will be liable for lack of conformity of the Platform and you may have a right under your local laws to: (i) have the Platform brought back into conformity; or (ii) a proportionate refund and/or termination of this Agreement. Please visit http://eu.support.blizzard.com/en-gb for further information. If you are resident in France, the terms in Section 14 apply with respect to your legal guarantees for the Platform.
2. For any residents outside the European Economic Area and the United Kingdom, the following applies: the platform 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 platform at the times or locations of your choosing; that the platform will be uninterrupted or error-free; that defects will be corrected; or that the game client or the platform are free of viruses or other harmful components.

Limitations of Liability.
1. Nothing in these Terms will limit Blizzard’s liability for:
  1. for death or personal injury resulting from our negligence or that of our employees or agents;
  2. our wilful misconduct;
  3. fraud or make fraudulent misrepresentation;
  4. for gross negligence; or
  5. any other liability that cannot be excluded or limited under applicable law.
2. Subject to Section 6.A. above, Blizzard will not be liable for any indirect, consequential, unforeseeable or punitive damages or for any loss of business, loss of profit, loss of income or revenue, loss of anticipated savings or loss of data howsoever arising. Blizzard will not be liable for damages arising from this Agreement or your use of the Platform resulting from a fault or negligence from yourself or because of an event that is outside our reasonable control (for more information, see Section 13.E. below).
3. Subject to Sections 6.A. and 6.B. above, we are not responsible for:
  1. losses or harm not caused by our breach of this Agreement or our negligence;
  2. any damage that may be caused to any device or equipment on which you access or use any of our Platform that is caused in any way by our Platform unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Platform;
  3. any loss or damage resulting from your breach of this Agreement;
  4. any use by you of the Platform which isn’t authorised by us under this Agreement;
  5. any lack of functionality or failure to provide any part of the Platform that is due to:
    1. malfunctions or faults in your chosen equipment, devices, operating system, or internet connection (including malware, viruses or bugs originating from third parties or any of your devices); or
    2. your failure to download or install any update or the most recent published version of a Game or Platform in order to benefit from updated functionality or to meet compatibility requirements, where we have informed you of the update, explained the consequences of failing to install the update, and provided installation instructions; and
  6. any lack of functionality or incompatibility where your chosen equipment, devices, operating system or internet connection does not meet the specific requirements provided by us.

Indemnity. 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 Platform, or any breach by you of this Agreement, or any Game-specific Terms of Use; however, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

Equitable Remedies. You hereby agree that Blizzard would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Modification of the Agreement. Blizzard may, from time to time, change or modify this Agreement as its business and the law evolves. In this case, Blizzard will notify you of any such changes or modifications by providing reasonable notice as required under applicable law. Your continued use of the Platform after the time period specified in the notice will mean that you accept the amended Agreement. Those changes or modifications will not affect essential characteristics of the Platform. Should you have any questions or concerns, please contact Blizzard Customer Service. If you are resident in Germany, the terms in sub-section ‘Modification of Agreement in Section 13 will apply instead of this Section 9.

Term and Termination and Sanctions
1. Term. This Agreement is effective upon your creation of an Account, and will remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform. In the event that Blizzard chooses to cease providing the Platform, part of the Platform, or license to a third party the right to provide the Platform, Blizzard will use reasonable commercial efforts to provide you with no less than three (3) months prior notice, unless the discontinuance arises from a matter that is beyond Blizzard’s control or causes the provision of such advance notice not to be possible or feasible. If we discontinue a part of the Platform or Game which involves a subscription, we will provide you with a refund for any amounts you have paid us for the subscription but not yet received.
2. Termination and Sanctions. You are entitled to terminate this Agreement for any legitimate reason as may be specified by applicable law or relevant court decision, subject to prior written notice by contacting Blizzard Entertainment at https://eu.battle.net/support/.
  
  We are entitled to either suspend or terminate this Agreement in the following situations:
  1. If you fail to comply with any terms contained in this Agreement and/or the Code of Conduct, Blizzard may provide you with a notice of your non-compliance and at our sole discretion impose a sanction. The sanction may be graduated depending on the violation (notably temporary/definitive suspension of either the Game or the Platform/Account, Removal of the account stats/ level rating, silence). In case of a serious violation of this Agreement, or the Code of Conduct, Blizzard will be entitled to immediately terminate this Agreement, the access to the Platform and/or any Game license without any prior warning upon notification. Serious violations are violations of important provisions which include Sections 1.A.ii.2, 1.A.iv., 1.B.iii., 1.C., 1.D.i.2.g., 2 and 3.B. of this Agreement or repeated violations of other provisions of this Agreement, including further non-compliance where you already have received a prior warning. In its sole discretion Blizzard may decide to replace the immediate termination of this Agreement with a less severe sanction or a combination of sanctions which can be:
    1. A temporary suspension of the Platform/Account and/or the Game(s). The length of the first temporary suspension may vary due to the severity of the violation and the Game. Further, the length of the consecutive temporary suspensions may be progressively increased (each previous term is multiplied by two) in case of the repeated violation of the Agreement. During the temporary suspension the respective Account and/or the Game(s) will be completely inaccessible for usage. Also, during the temporary suspension any current paid subscription or game time will not be stopped/frozen/cancelled and is not subject to any claim or refund.
    2. A removal or correction of the Account/Game’s statistic/level(s)/rating(s) and/or in-game achievement(s)/title(s)/item(s), including without limitation, virtual currency. Such removal or correction may be applied not only to a disputed item/content but also to a group/type of items/content. For example, in case of violation in the person versus person mode (“PvP”), Blizzard may remove/correct all and any of the character’s PvP statistic/level(s)/rating(s)/achievement(s)/title(s)/item(s) related to the respective PvP season.
    3. “Silence” the Platform or Account or Game(s). Blizzard may temporary or permanently disable a possibility to use the Platform/Account/Game’s communication tool(s) such as in-game text and voice chats.
  2. In the event of any termination of this Agreement, your right to access and play Games will be revoked.
  3. If you are resident in Germany, the terms set out in the sub-section ‘Termination and Sanctions’ will apply instead of Section 10.B.i.

Right of Withdrawal.
1. For the purposes of this Section 11 and Section 15, ‘Performance of the Service’ or ‘Performance of the Content’ refers to the time you are first provided access to the Services or Content (as defined below), as applicable, by us, which can be either right after purchase or, in the case of pre-orders and/or pre-purchases, when such Services or Content are made available.
2. Residents of the European Economic Area:
  1. If you have purchased our services (such as any subscriptions to our Games, referred to herein as “Services”), you have the right to withdraw from the Terms of Sale within fourteen (14) calendar days for any reason, subject as set out below. Your right to withdraw starts from the day after your purchase under the Terms of Sale (if you purchased the Services through us), or the day after your purchase under the third-party retailer’s purchase contract (if you purchased the Services through a third-party retailer). Instructions on how to exercise this right are set out at the end of this Agreement in Appendix 1 (Section A: ‘Information concerning the exercise of the right of withdrawal’) and you can also visit https://eu.battle.net/support/en/article/186491 for more information or, if you purchased the Services directly through us and not a third-party retailer, visit https://eu.battle.net/support/en/help/product/services/334/1551/solution to exercise your right.
  2. If the Performance of Service began prior to your withdrawal request, you are only entitled to a refund that is proportionate to the Services you’ve already received. For example, if you have already received the Services for three days prior to your request to withdraw, you will be entitled to receive a refund for the full coverage of the Services, minus the cost for receiving three days of Services. Your refund will be made no later than 14 calendar days from the day on which we are informed about your decision to withdraw from the Terms of Sale or the applicable third-party purchase contract. If your purchase was directly through us, we will carry out the refund using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise. We won’t charge you any fees as a result of this refund. If your purchase was through a third-party retailer, they will carry out the refund and we recommend contacting them for more information.
  3. Please note you are not entitled to a refund for any Services which have already been fully performed prior to your request for withdrawal.
  4. When you purchase content directly from us (such as digital in-game items, and funds to be uploaded as Battle.net Balance, referred to herein as “Content”), you hereby acknowledge that you lose your right of withdrawal for purchases of Content once Performance of the Content has begun. You agree that when you purchase Content directly from us, you request immediate performance and that you understand this means you will lose your statutory right to withdraw from the Terms of Sale. In the case of pre-purchases and/or pre-orders directly through us where the Performance of the Content has not begun, you may withdraw from the Terms of Sale up until the Content is made available for you to download or access. If you purchased Content through a third-party retailer (whether this relates to pre-purchases and/or pre-orders or otherwise), you should contact them for more information on your options for withdrawal for any purchased Content.
3. Residents of the United Kingdom and countries outside of the European Economic Area:
  1. When you purchase Services or Content directly through us and receive immediate access to the Services or Content, you will be asked to acknowledge that this means you will lose your statutory right (as applicable) to withdraw from the Terms of Sale.
  2. In the case of pre-purchases and/or pre-orders directly through us where the Performance of the Services or Content has not begun, you may withdraw from the Terms of Sale up until the Services or Content (as applicable) is made available for you to download or access.
  3. For purchases of Services or Content (whether pre-purchases/pre-orders or otherwise) through a third-party retailer, please contact them for more information on your options for withdrawal.
4. Full details of Blizzard’s refund practices are detailed in our Refund Policy. Please review our refund practices prior to making any purchase.

Governing Law and Jurisdiction. To the fullest extent permissible under applicable law, this Agreement will be governed and construed in accordance with the laws of England and Wales, and you expressly agree that the exclusive jurisdiction for all and any claim or action arising out of, or relating to these Terms of Sale will be the courts of England and Wales. If you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state.

General.
1. You understand and agree that the Platform may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Platform under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Platform in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the Platform in connection with an end-use prohibited by U.S. law.
2. Blizzard may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights under this Agreement. Unless you are resident in Germany, you may not assign this Agreement without Blizzard’s prior written consent, and any unauthorized assignment by you will be null and void.
3. Blizzard’s failure to enforce a provision of this Agreement will not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Blizzard may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
4. Notices.
  1. If to Blizzard. All notices given by you under this Agreement will be in addressed to https://eu.battle.net/support.
  2. If to You. All notices given by Blizzard under this Agreement will be given to you either through email website blog post or by any other mean of communication chosen by Blizzard. These notice forms and instances are specified in our Privacy Policy, which can be reviewed at https://www.blizzard.com/en-gb/legal/8c41e7e6-0b61-42c4-a674-c91d8e8d68d3/blizzard-entertainment-privacy-policy.
5. Blizzard will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard (a “Force Majeure Event”), such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, natural disaster, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
6. If any part of this Agreement is determined to be invalid or unenforceable, then that portion will be severed, and the remainder of this Agreement be given full force and effect.
7. The provisions of Sections 1.C, 2, 5, 6, 7, 8, 11, and 12 will survive termination of this Agreement for any reason.

Supplemental terms - Germany

If you are resident in Germany, the following terms will apply:
1. Account. The following paragraph will replace Sections 1.D.i.2.f. in its entirety:
  
  Blizzard reserves the right to reduce, liquidate, deactivate, suspend or terminate any Battle.net Balance added to the Account or access to Battle.net Balance or other Platform features if Blizzard determines, after investigation and in accordance with Section 10.B. below, that you have violated this Agreement, including the license limitations set forth in Section 1.C., misused Battle.net Balance, or have otherwise used Battle.net Balance to conduct any fraudulent or illegal activity. We will restore any Battle.net Balance if we have good cause to believe our actions were not sufficiently justified.
2. Patches and Updates. The following paragraph will replace Sections 1.E.i. to 1.E.iii. in their entirety:
  1. Patches and Updates: Blizzard may, if the change is solely for your benefit or if another valid reason exists, update the Platform or part of the Platform, including Games. A valid reason includes, for example, to:
    1. ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements;
    2. perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements;
    3. update or upgrade the Platform including updating the structure, design, or layout of the Platform;
    4. balance, improve, update, or renew a Game;
    5. ensure the security of the Platform; and
    6. combat illegal and/or harmful activities and the use of unauthorized programs or other activities which breach this Agreement.
    7. Unless otherwise required by applicable laws and provided that any such updates do not result in material derogation in the functionality of the Platform:
    8. You hereby grant to Blizzard consent to deploy and apply such patches, updates, and modifications; and
    9. We may update the Platform remotely without notifying you.
    10. If you are resident of Germany: If any updates to the Platform result in negatively impacting your access or use of the Platform in a more than minor way, we will give you at least six (6) weeks’ notice of such changes, and you will have 30 days from our notice of the change or from when the change comes into effect (whichever is later) to reject the changes and terminate the Agreement. You may also be able to receive a proportionate refund for any aspects of the Platform, including Games, paid for but not received. Please visit https://eu.battle.net/support/en/help/ for more information. If you do not object to the changes or terminate the Agreement within the stated time limit, we will take that as your acceptance of the changes.
3. Modification of the Terms. The following paragraph will shall replace Section 9 in its entirety:
  
  Blizzard may, from time to time, if there is a good reason for the change and the changes reasonably take into account the interests of both parties, change or modify this Agreement as its business and the law evolves (but we will not modify the terms to change our main obligations to you). Blizzard will notify you of any such changes or modifications by providing a notice to you as required under local law. To the maximum extent permitted by local law, if you do not object to the amended Agreement within six (6) weeks following the notice, your continued use of the Platform will mean that you accept the amended Agreement. Blizzard will remind you in the notice: (i) that your continued use after the expiration of six (6) weeks following the notice means that you accept any and all changes; (ii) of your right to object; (iii) of the applicable notice period; and (iv) the legal consequences of your failure to object. Those changes or modifications will not affect essential characteristics of the Platform. Should you have any questions or concerns, please contact Blizzard Customer Service.
4. Termination and Sanctions. The following paragraph will shall replace Section 10.B.i in its entirety:
  1. If you fail to comply with any terms contained in this Agreement and/or the Code of Conduct, Blizzard will provide you with a warning of your non-compliance. The sanction will be graduated depending on the violation (notably temporary/definitive suspension of either the Game or the Platform/Account, Removal of the account stats/ level rating, silence). In case of a serious violation of this Agreement, or the Code of Conduct, Blizzard will be entitled to terminate this Agreement, the access to the Platform and/or any Game license. We will notify you in advance if we decide to terminate your Agreement and/or access to the Platform and/or any Game license, unless the termination is for the purposes of complying with a legal obligation which does not include a prior notice obligation or this is not possible due to the obligation to take immediate action. We will restore your access to the Platform and/or any Game License if we have good cause to believe our actions were not sufficiently justified. Serious violations are violations of important provisions which include Sections 1.A.ii.2, 1.A.iv., 1.B.iii., 1.C., 1.D.i.2.g., 2 and 3.B. of this Agreement or repeated violations of other provisions of this Agreement, including further non-compliance where you already have received a prior warning. In its sole discretion Blizzard may decide to replace the immediate termination of this Agreement with a less severe sanction or a combination of sanctions which can be:
    1. A temporary suspension of the Platform/Account and/or the Game(s). The length of the first temporary suspension may vary due to the severity of the violation and the Game. Further, the length of the consecutive temporary suspensions may be progressively increased (each previous term is multiplied by two) in case of the repeated violation of the Agreement. During the temporary suspension the respective Account and/or the Game(s) will be completely inaccessible for usage. Also, during the temporary suspension any current paid subscription or game time will not be stopped/frozen/canceled and is not subject to any claim or refund.
    2. A removal or correction of the Account/Game’s statistic/level(s)/rating(s) and/or in-game achievement(s)/title(s)/item(s). Such removal or correction may be applied not only to a disputed item/content but also to a group/type of items/content. For example, in case of violation in the person versus person mode (“PvP”), Blizzard may remove/correct all and any of the character’s PvP statistic/level(s)/rating(s)/achievement(s)/title(s)/item(s) related to the respective PvP season.
    3. “Silence” the Platform or Account or Game(s). Blizzard may temporary or permanently disable a possibility to use the Platform/Account/Game’s communication tool(s) such as in-game text and voice chats.

Supplemental Terms - France. If you are resident in France, the following terms will apply with respect to your legal guarantees for the Platform:

French law grants you as consumers the following statutory rights and guarantees in relation to the Platform. Blizzard will therefore offer you the protection granted by law under the legal warranty of conformity provided by articles L. 224-25-12 to L. 224-25-26 of the French Consumer Code. Blizzard is liable for supplying Content and Services that comply with the Agreement and with the objective and subjective criteria set out by the law. Regarding one-off supply, Blizzard is accountable for any non-conformity that exists at the time of supply and which becomes apparent within two years of supply (starting from when you are first supplied the Content or Service). Regarding Content or Services supplied on a continuous basis, Blizzard is accountable for any non-conformity which becomes apparent during the period in which it is supplied under the Agreement. We are also accountable, within the same time limits, for any non-conformity resulting from the incorrect integration of the Content or Service into the consumer's digital environment where this has been done by us or under our responsibility, or where the incorrect integration by the consumer is the result of deficiencies in the instructions provided by us. For the 12 month period following the supply of the Platform, the consumer will not be required to prove the existence of the defect. In the event of lack of conformity, the consumer will be entitled to have the Content or Service brought into conformity or, failing that, to have the price reduced or to cancel the contract under the conditions set out in the French Consumer Code.

Appendix 1:

1. Information concerning the exercise of the right of withdrawal

Right of Withdrawal

If you are resident in the European Economic Area, you have the right to withdraw from this Agreement with us within 14 calendar days of your purchase without giving any reason.

The withdrawal period will expire after 14 calendar days from the day after your purchase under the Terms of Sale or the applicable purchase contract with the third-party retailer.

If you made the purchase directly through us, to exercise the right of withdrawal, you must inform us (Legal Team, Activision Blizzard UK Ltd of The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom or via https://eu.battle.net/support/en/help/) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form attached hereafter, but it is not obligatory. You can also visit https://eu.battle.net/support/en/help/product/services/334/1551/solution to exercise your right. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Certain exceptions and requirements apply to your right of withdrawal. Please see Section 11 above for more information.

If your purchase was through a third-party retailer and not us, we recommend contacting them directly for information on your options for withdrawal.

2. Model withdrawal Form

(Complete and return this form only if you wish to withdraw from this contract. If your purchase was with a third party retailer or platform partner, we strongly recommend that you submit this form to that retailer or platform partner, with the relevant information about them filled out below.)

To Legal Team, Activision Blizzard UK Ltd of The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom:

I/We hereby give notice that I/We withdraw from my/our contract for the purchase of the following goods/ the provision of the following services:*

Ordered/ received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (only required if this form is notified on paper)
Date:

(*) Delete where appropriate.

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