Custom Game Acceptable Use Policy

Last Updated: January 21, 2020

This document (the “Policy”) sets forth the design and development rules for Custom Games (as defined in the Blizzard End User License Agreement). This Policy has been put in place to ensure the integrity of Blizzard’s intellectual property, to clarify the terms relating to ownership and use of Custom Games, and to help promote an enjoyable gaming environment for all of our players.

1. Ownership Custom Games are and shall remain the sole and exclusive property of Blizzard. Without limiting the foregoing, you hereby assign to Blizzard all of your rights, title, and interest in and to all Custom Games, including but not limited to any copyrights in the content of any Custom Games. If for any reason you are prevented or restricted from assigning any rights in the Custom Games to Blizzard, you grant to Blizzard an exclusive, perpetual, worldwide, unconditional, royalty free, irrevocable license enabling Blizzard to fully exploit the Custom Games (or any component thereof) for any purpose and in any manner whatsoever. You further agree that should Blizzard decide that it is necessary, you will execute any future assignments and/or related documents promptly upon receiving such a request from Blizzard in order to effectuate the intent of this paragraph. To the extent you are prohibited from transferring or assigning your moral rights to Blizzard by applicable laws, to the utmost extent legally permitted, you waive any moral rights or similar rights you may have in all such Custom Games, without any remuneration. Without limiting Blizzard’s rights or ownership in the Custom Games, Blizzard reserves the right, in its sole and absolute discretion, to remove Custom Games from its systems and/or require that a Custom Game developer cease any and/or all development and distribution of a Custom Game. Please note that your Blizzard account can be subject to disciplinary action in event that you do not comply with Blizzard’s request or this Policy.

2. Custom Games should be playable by all users. Custom Game developers may not develop Custom Games that include a mechanism that allows the developer to limit access to the Custom Game to certain users.

3. Use of Third Party Content in Custom Games. You represent and warrant that neither the content you use to create or incorporate into any Custom Games, nor the compilation, arrangement or display of such content (collectively, the “User Content”), infringes or will infringe any copyright, trademark, patent, trade secret or other intellectual property right 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. In the event that Blizzard learns of the existence of a third party claim related to a Custom Game, Blizzard reserves the right to remove or block the Custom Game from any Blizzard-owned platform.

4. Commercial Exploitation of Custom Games. Unless otherwise authorized by Blizzard in writing, Custom Game developers cannot develop Custom Games for profit. Accordingly, a Custom Game cannot be sold, licensed, or rented by any party other than Blizzard, nor can the Custom Game contain features that would support purchase transactions of any tangible or intangible content.

5. Incorporation of the Blizzard End User License Agreement. The terms and conditions of the Blizzard End User License Agreement are specifically incorporated into this policy by this reference. In the event that the terms of this policy are in conflict with the terms of the Blizzard End User License Agreement, the terms of this Policy shall supersede and govern over any such conflicting terms in the Blizzard End User License Agreement.

6. Donations for Custom Game Development. Blizzard recognizes that the time and resources needed to create a Custom Game can sometimes be substantial. Accordingly, Custom Game developers are permitted to fund their development costs through donations, subject to the following restrictions:

• Donors shall not be provided with any in-game special advantages, such as private access to a Custom Game, special levels, graphical markers, special text, abilities, units, etc. All users are to be able to play the same Custom Game.
• Corporations, limited liability companies, partnerships, etc., cannot be listed in the credits section of a Custom Game; only individuals may be listed.
• The use of Blizzard’s trademarks and copyrighted content in a Custom Game shall be consistent with Blizzard’s usage guidelines, which can be found at https://www.blizzard.com/legal/8bcb0794-6641-4ce3-a573-8eb243bab342/blizzard-entertainment-logo-and-trademark-guidelines.
• A donor’s access to a Custom Game may not be tied to access to the Custom Game prior to general publication.
• Blizzard reserves the right to demand, at is sole discretion, that a developer of a Custom Game immediately cease any requests for funding and remove the request for funding from the Donation Site, and the developer of the Custom Game agrees to promptly comply with such demand.