North America

BLIZZCON 2018 VIRTUAL TICKET AGREEMENT

     

    PLEASE NOTE THAT THE SECTION BELOW TITLED "DISPUTE RESOLUTION" CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

    1. ACCEPTANCE OF TERMS

    The following shall constitute an agreement (the “Agreement”) that governs your access to the internet stream production, “BlizzCon 2018 Virtual Ticket,” (the “Production”) that will be made available to purchasers of the 2018 BlizzCon Virtual Ticket (the “Virtual Ticket”) by Blizzard Entertainment, Inc. (“Blizzard”), and its licensors (collectively, the “Content Providers”). The Production, together with other content that are available through the Virtual Ticket, is hereafter referred to as “Content.” In consideration of your purchase of the Virtual Ticket and your acceptance and continued compliance with the terms of this Agreement, Blizzard will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to access and use the Virtual Ticket, including the materials, software or Content provided to you in association with the Virtual Ticket, for your personal, non-commercial use on a computer or authorized mobile device that is under your control. Your use of the Virtual Ticket is also subject to the Blizzard Entertainment Online Privacy Policy (the “Privacy Policy”) and other legal policies, including the Blizzard End User License Agreement (which policies are available at http://us.blizzard.com/en-us/company/legal), each of which is incorporated herein by this reference.

    The Production and Virtual Ticket are copyrighted works of Blizzard., and you agree and acknowledge that Blizzard shall solely retain all rights, interests, and title to the Production and Virtual Ticket, and that your use of the Virtual Ticket its use shall inure only to the benefit of Blizzard.

    2. REGISTRATION AND PAYMENT

    To view the Production using the Virtual Ticket, you will be required to have registered a Blizzard Battle.net account and provide your name, address, e-mail address, and country of residence, and purchase the license to view the Virtual Ticket by providing payment information, such as your name, credit card information and billing address.

    3. CONTENT AVAILABILITY

    You acknowledge that the availability of the Content (including the Production) is dependent upon external factors such as Internet service providers and Internet network availability, which are generally outside of the control of the Content Providers. Additionally, the Content Providers shall not be responsible for events or circumstances beyond their legitimate control, such as the availability of the internet, wars, strikes, riots, crimes, or acts of god such as hurricanes, floods, earthquakes, volcanic eruption, etc.), and as such, cannot guarantee 100% availability of any of the Content.

    4. OWNERSHIP OF INTELLECTUAL PROPERTY

    Unless otherwise noted, you should assume that the Production, and all Content, text, graphics, trademarks, logos, software and other materials made available through the Virtual Ticket is protected by copyright, trademark and other applicable intellectual property laws and may not be used except as permitted in this Agreement. Your use of the Virtual Ticket constitutes acknowledgment and agreement that the Virtual Ticket and Content, software and other materials made available through the Virtual Ticket (i) constitute copyrighted material proprietary to Blizzard, the Content Providers, or other third parties, and (ii) contain copyrighted material, trademarks, names, service marks, patents and other intellectual property rights owned by Blizzard, the Content Providers or other parties and are protected by applicable laws. You may use and download Content, software and other materials made available on or through the Virtual Ticket for your personal, non-commercial use only, provided you keep all copyright and other proprietary notices intact. You may not, however, copy, reproduce, distribute, transmit, publish, post, or otherwise reuse any Content, software or other material made available on or though the Virtual Ticket on any other web site or other medium or for public or commercial purposes without our express prior written permission or that of the Content Providers. Nothing contained on or in the Virtual Ticket should be construed as granting you any license or right to use any Content, software or other materials other than as stated in this Agreement.

    5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    You acknowledge that your use of the Virtual Ticket and browsing the Production are at your own risk. Neither the Content Providers, nor any other party involved in creating or providing anything on the Virtual Ticket, is liable for any direct, indirect, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Virtual Ticket. Without limiting the foregoing, everything on the Virtual Ticket is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Content Providers also assume no responsibility, and shall not be liable for, any damages to, or bugs, viruses, trojan horses or the like that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Virtual Ticket or your downloading of any Content, software, or other materials from the Virtual Ticket.

    If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Blizzard’s option. To submit a warranty claim to Blizzard, please call 1800 041 378 or send to PO Box 544, Pyrmont NSW 2009 Australia. The user is responsible for the costs of returning media to Blizzard.

    Blizzard does not and cannot control the flow of data via the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt your connection to the Internet and the performance of the Virtual Ticket. Blizzard cannot guarantee that such events will not occur. Accordingly, the Content Providers disclaim any and all liability resulting from or relating to such events. By using the Virtual Ticket, you acknowledge and agree that the Content Providers are not responsible for (i) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Virtual Ticket or your account, (ii) interference with or interruption of the communications, procedures or performance of the Virtual Ticket, or (iii) any unauthorized use of your credit card or other method of payment by a third party in connection with the Virtual Ticket.

    YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PRODUCTION OR ANY CONTENT, SOFTWARE OR OTHER MATERIALS MADE AVAILABLE THROUGH THE VIRTUAL TICKET IS TO STOP USING SAME. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF THE CONTENT PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY), SHALL BE THE TOTAL AMOUNT PAID TO BLIZZARD BY YOU, IF ANY, SPECIFICALLY TO ACCESS ANY SOFTWARE, FEATURE OR CONTENT THAT IS THE SUBJECT OF A CLAIM.

    6. LINKING

    The Virtual Ticket may contain links to third party websites that are not owned or controlled by Blizzard. Blizzard assumes no responsibility for the content, privacy policies, or other practices of any third party websites, and Blizzard encourages you to read the terms and conditions or other policies of such third parties prior to the use of their websites. Blizzard shall not be liable in any manner from your use of any third-party website.

    7. UPDATES TO THE AGREEMENT

    Blizzard reserves the right to update and change the terms and conditions of this Agreement from time to time at its sole discretion. You are responsible for reviewing the Agreement periodically for any modifications. Your continued access or use of the Virtual Ticket, or any materials, software or content made available via the Virtual Ticket, constitutes your acceptance of this Agreement, as modified by such changes.

    8. TERMINATION

    Note that in addition to and without prejudice to any other rights or remedies that Blizzard may have should you breach this Agreement, you should be aware that Your violation of the terms of this Agreement may result, at Blizzard’s sole discretion, in the immediate termination of your access to the Virtual Ticket and the Content. Such termination shall not entitle you to a refund of any payment you may have made to view the Production or the Virtual Ticket.

    9. DISPUTE RESOLUTION

    Dispute Resolution. Any and all disputes between you and Blizzard which arise out of this Agreement will be resolved in accordance with the Blizzard Entertainment Dispute Resolution Policy, which is available for your review here.

    10. GOVERNING LAW

    This Agreement and the relationship between you and Blizzard shall be exclusively governed by and construed in all respects under the laws of Delaware, USA, without giving effect to any choice-of-law or conflict-of-laws provisions. You and Blizzard agree to submit to the personal jurisdiction of the courts located in Orange County, California, for any and all legal claims, suits or actions that arise in connection with the Virtual Ticket or from a dispute as to the interpretation or breach of this Agreement and hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

    11. MISCELLANEOUS

    This Agreement may not be modified except by an instrument in writing signed by all parties to this Agreement. Either Party’s waiver of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit or waive such a party’s right thereafter to enforce and compel strict compliance with every term and condition thereof. In case any term of this Agreement shall be held invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of any other term shall be in any way affected thereby. All remedies provided herein are cumulative and not exclusive of any remedies provided by law or equity. In the event of any litigation between the parties hereto with respect to this Agreement, the prevailing party (the party entitled to recover the costs of suit) shall be entitled to recover reasonable attorneys’ fees in addition to such other relief as the court may award. Except as otherwise provided herein, the rights and obligations of the parties hereto shall survive any termination of this Agreement. This Agreement constitutes the complete agreement between the parties hereto and supersedes all prior communications and agreements between the parties with respect to the subject matter hereof.

    The Production and Virtual Ticket are © 2018 Blizzard Entertainment, Inc. All rights reserved