Battle.net Terms of Use


Last Revised April 19, 2013

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT.

Thank you for using the Battle.net service (the “Service”). These Terms of Use (these “TOU” or this “Agreement”) set forth the terms and conditions under which you are provided access to the Service by Blizzard Entertainment, Inc. (“Blizzard” or “we”). This Agreement does not supersede the End User License Agreement (the “EULA”) that accompanies Blizzard’s games (each a “Game”) or any other Game-specific Terms of Use. The EULA governs your use of the Game client – that part of any Game installed on your computer – and this Agreement governs your use of the Service.

  1. GRANT OF A LIMITED LICENSE TO USE THE SERVICE.

    Subject to your acceptance of and continuing compliance with these TOU, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client. You may not use the Service for any other purpose, or using any other method.
  2. ADDITIONAL LICENSE LIMITATIONS.

    The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service or any Game in violation of the License Limitations will be regarded as a breach of this Agreement and an infringement of Blizzard’s copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:
    1. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;
    2. exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation: (a) using the Service at a cyber cafe, computer gaming center or any other commercial establishment without the express written consent of Blizzard, unless otherwise stated in a Game EULA; (b) communicate or facilitate any commercial advertisement or solicitation; (c) gather in-game currency, items or resources for sale outside the Game without Blizzard’s authorization; or (d) perform in-game services in exchange for payment outside the Game, e.g., power-leveling;
    3. use the Service for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Blizzard’s prior written consent;
    4. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment; provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
    5. modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Blizzard;
    6. host, provide or develop matchmaking services for any Game or the Service, 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, or as part of content aggregation networks;
    7. facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; or (b) any connection using programs or tools not expressly approved by Blizzard; or
    8. disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a “Server”); or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
  3. REQUIREMENTS.

    Before you can use the Service, you must read, understand and agree to these TOU, the Privacy Policy, the In Game Policies, and register an account on the Service (an “Account”). If you want to play a Game on the Service, you must obtain a valid license to use the Game(s) you will use with the Service, agree to the applicable Game-specific Terms of Use and EULA for each of the Game(s) you will use with the Service, and read, understand and agree to the In Game Policies specific to that particular game, which can be found here. You are responsible for any Internet connection fees that you incur when accessing the Service.
  4. USE OF THE SERVICE BY MINORS.

    Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian with the approval of their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on the Service, you hereby agree to these TOU on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you, including without limitation, your Child’s acceptance of the EULA for Games that are playable on the Service, or any Game-specific Terms of Use.
  5. ACCESSING THE SERVICE.

    1. Account Eligibility.

      You may establish an Account only if: (i) You are a “natural person” and an adult in your country 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 Service. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time Blizzard becomes aware that you have registered an Account without meeting the foregoing requirements, Blizzard reserves the right to suspend, terminate and/or delete the Account.
    2. Establishing an Account.

      When creating or updating an Account on the Service, you are required to provide Blizzard with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. For certain Games, an unused authentication key provided to you by Blizzard will be required when adding a Game license to an Account. A Game license must be added to an Account before you can play that Game online, where applicable. You agree that you will supply accurate and complete information to Blizzard when requested, and that you will update that information promptly after it changes.
    3. Username and Password.

      During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event 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 by emailing http://www.battle.net/support.
    4. Global Play.

      Certain Games that are playable on the Service feature “Global Play,” which allows you to play with Game players who are outside of the region associated with the creation of the Account. The Global Play feature requires that some or all of the personal information that you provided when you created 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 your data will be transferred to Blizzard’s servers in each of the regions that you select to participate in using the Global Play feature.
  6. BATTLE.NET BALANCE.

    1. As an active Account holder, you may participate in Blizzard’s Battle.net Balance service. 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 the Federal Deposit Insurance Corporation (FDIC), 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. Battle.net Balance does not constitute a personal property right. Battle.net Balance is not a bank account.
    2. IN ORDER TO HAVE A BATTLE.NET BALANCE OF MORE THAN $10.00 USD, YOU MUST ATTACH A BATTLE.NET AUTHENTICATOR TO YOUR ACCOUNT. You can download the Battle.net Authenticator for mobile devices at https://us.battle.net/account/support/mobile-auth-download.html, or you can purchase a Battle.net Authenticator at http://us.blizzard.com/store/browse.xml?f=c:6.
    3. To purchase Battle.net Balance, go to https://us.battle.net/account/management/ebalance-purchase.html and follow the instructions provided to you on that page. You may choose to purchase Battle.net Balance in different currencies (e.g., US Dollars, Mexican Pesos, Chilean Pesos, and Argentinean Pesos) in order to redeem your Battle.net Balance for certain products and/or services offered on Battle.net. It may take up to five (5) days before purchases of Battle.net Balance are made available for your use. Certain minimums may apply to purchases of Battle.net Balance, and the maximum balance of your Battle.net Balance at any time is limited to the equivalent of $250.00, and the maximum value of all transactions using Battle.net Balance is limited to $2,000.00 per day. The balance of your Battle.net Balance shall be determined by converting the Battle.net Balance across all of the various currencies in your Battle.net Balance to the equivalent of US Dollars using the currency conversion formulas posted on http://online.wsj.com/mdc/public/page/2_3021-forex.html. Blizzard reserves the right to change the maximum and minimum amounts applicable to Battle.net Balances at any time by notifying you in accordance with Section 8 of this Agreement.
    4. Transactions to purchase Battle.net Balance, or redeem Battle.net Balance for certain goods and services from Blizzard, are governed by the terms of this Agreement and the Blizzard Terms of Sale, which can be viewed at http://us.blizzard.com/en-us/company/about/termsofsale.html. Purchases of Battle.net Balance are non-refundable, unless otherwise required by law.
    5. Blizzard will not send you a statement of itemized transactions for your Battle.net Balance. In order to check the balance of your Battle.net Balance or review your recent Battle.net Balance transactions, go to https://us.battle.net/account/management/transaction-history.html. You are solely responsible for verifying that the proper amount of Battle.net Balance has been added to or deducted from your Battle.net Balance.
    6. Sales tax may apply to your redemption of Battle.net Balance for Blizzard products or services in some jurisdictions. The amount of tax charged depends upon many factors, including the type of product or service purchased.
    7. Blizzard reserves the right to reduce, liquidate, deactivate, suspend or terminate your Battle.net Balance, the Diablo III Real Money Auction House (the “Auction House”) or other Blizzard Games or Service features if Blizzard determines in its sole discretion, after investigation, that you have misused Battle.net Balance or have otherwise used Battle.net Balance to conduct any fraudulent or illegal activity.
    8. You are responsible for all uses of your Battle.net Balance. If you suspect that your Battle.net Balance has been compromised, you should contact Blizzard Customer Service at http://www.battle.net/support so that the matter can be investigated. 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 Battle.net Balance and will unfreeze your Battle.net Balance once Blizzard has returned control of your Battle.net Balance 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.
  7. ACCOUNT SUSPENSION/CANCELLATION.

    BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Blizzard for any type of abuse, including without limitation a violation of these TOU, a Game-specific Terms of Use, or a Game EULA will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these TOU, a Game-specific Terms of Use, a Game EULA or other Blizzard policy. You may cancel the Account registered to you at any time by requesting that your personal information be removed from the Account, as specified in Blizzard’s Privacy Policy. Blizzard may stop offering and/or supporting the Service at any time.
  8. UPDATES.

    1. Agreements.

      Blizzard will update this Agreement as the Service and law evolve with new versions (each a “New TOU”). This Agreement will terminate immediately upon the introduction of a New TOU, and you will be given an opportunity to review and accept the New TOU. If you accept the New TOU, and if the Account registered to you remains in good standing, you will be able to continue using the Account subject to the terms of the New TOU. If you decline to accept the New TOU, or if you cannot comply with the terms of the New TOU for any reason, you will no longer be permitted to use the Account. Blizzard may change, modify, suspend, or discontinue any aspect of the Service at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Service or associated with the Account. Blizzard may also revise other Blizzard policies, including without limitation the In Game Policies and the Privacy Policy, at any time, and the new versions will be available on Battle.net. If at any point you do not agree to any portion of this Agreement, a New TOU, the In Game Policies, the Privacy Policy, or any other Blizzard policy or agreement relating to your use of the Service, you must immediately stop using the Service.
    2. Software and Services.

      In an effort to improve its products and services, Blizzard may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Blizzard may update the Service and the Games, including the Game client(s) on your computer, with or without notifying you.
  9. OWNERSHIP.

    1. Game clients and Service.

      The Game clients and the Service (including without limitation, any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games, and the Game client and server software) are copyrighted works owned by Blizzard and its licensors. Blizzard reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works. You agree that you will not create any work based on the Games or the Service except as expressly set forth by Blizzard in contest rules, Blizzard’s Fan Policies, which include without limitation Blizzard’s Video Policy and Fan Art Submission Policy, or a Game’s EULA.
    2. Account.

      NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLIZZARD. 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 shall be null and void and may result in the forfeiture of your Account.
    3. Virtual Items.

      Blizzard owns, has licensed, or otherwise has rights to all of the content that appear in the Service or the Games. You agree that, except as set forth in a Game EULA, you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. Blizzard does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in a Game, unless such transfer is made using a marketplace explicitly authorized or administered by Blizzard, including without limitation, the Diablo III Real Money Auction House.
  10. FEES.

    You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you choose a recurring subscription for any Game, you acknowledge that payments will be processed automatically (e.g., debited from your Blizzard.net Balance or charged to your credit card) until you cancel the subscription or the Account. Blizzard may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT BLIZZARD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PREPAID TIME OR CREDIT LEFT ON YOUR BATTLE.NET BALANCE WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY LAW.
  11. GAME TRANSFERS.

    The Authentication Key that accompanies most Game clients can only be used once, and will connect a Game license to the Account under which it is registered. The transferability of your license to a Game client is governed by the Game EULA; provided, however, that any transfer of the Game client shall have no impact on the Account registered to you, and that Account shall not transfer with the Game client. Purchasers of a license to a used Game client must follow the process detailed on http://www.battle.net/support, which may require payment of a processing fee.
  12. RESTRICTIONS AND CONDITIONS OF USE.

    1. No Violation of Laws.

      You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation.
    2. Misuse of Service.

      You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
    3. No Data Mining.

      You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Blizzard; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a Game client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
    4. User Content.

      “User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant Blizzard a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, enter into computer memory, use, and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
    5. Collection of Non-Personal Data.

      Blizzard shall have the right to obtain data that cannot be used to identify you from your connection to the Service without any further notice to you. Certain Games playable on the Service include a tool that will allow your computer system to forward information to Blizzard in the event that the Game crashes. This tool will collect system and driver data from your computer system during the crash and forward a report containing that data to Blizzard.
    6. Content Screening and Disclosure.

      Blizzard does not, and cannot, pre-screen or monitor all User Content. However, Blizzard’s representatives may monitor and/or record your communications (including without limitation chat text) when you are using the Service or playing a Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume any responsibility or liability for User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Blizzard policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone we believe may be threatened; or (e) to report a crime or other offensive behavior.
    7. Real ID Friends Feature and Identity Disclosure.

      The Service allows you to disclose your identity to other users of the Service through the “Real ID Friends” feature. If you use the Real ID Friends 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. Certain features, such as the Battle.net Voice Chat Client, are only available between users of the Service who have opted in to the Real ID Friends feature. IF YOU OPT-IN TO THE REAL ID FRIENDS 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 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 Friends feature at any time by deleting all Real ID Friends from your Account.
  13. DISCLAIMER OF WARRANTIES.

    THE SERVICE 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, NONINFRINGEMENT, 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 SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    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.
  14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION.

    1. BLIZZARD IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL BLIZZARD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE BATTLE.NET BALANCE SERVICE, ANY GAME OR ANY GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF BLIZZARD EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Blizzard and its affiliates shall be limited to the fullest extent permitted by law.
    2. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BLIZZARD IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
    3. 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 Service or any Game, or any breach by you of this Agreement, the Code of Conduct or any Game EULA.
  15. DISCLOSURES; THIRD PARTY FEATURES.

    1. Advertising.

      Blizzard’s Games and the Service may incorporate third-party technology that enables advertising on Battle.net and/or in certain Games playable on Battle.net, 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.
    2. Facebook.

      If you are a registered user of Facebook you may use your Facebook data to enable you to find your Facebook friends on the Service. Your Facebook account is subject to separate terms and conditions provided by Facebook. Note that if you have a Facebook account, your Facebook friends will be able to associate your screen name with your real name on the Service when they use the Facebook friends feature. You hereby acknowledge that Facebook is not responsible for any liability as a result of your use of the Service and that the Service is in no way sponsored, endorsed or administered by Facebook.
  16. DISPUTES.

    You and Blizzard each agree that all disputes between you and Blizzard that arises out of, or relates to, these TOU, will be resolved in accordance with the Blizzard Entertainment Dispute Resolution Policy, that is available for your review http://us.blizzard.com/en-us/company/legal/dispute-resolution-policy.html. Should any portion of the Blizzard Entertainment Dispute Resolution Policy be found illegal or unenforceable, you agree that such portion shall be severed and the remainder of the Blizzard Entertainment Dispute Resolution Policy shall be given full force and effect.
  17. GOVERNING LAW.

    1. Except as expressly provided otherwise, these TOU shall be governed by and construed under the laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
    2. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Service as supplied by Blizzard to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement.
    3. Those who choose to access the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, these TOU shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
  18. GENERAL.

    1. Export Controls.

      The files, programs, and any and all computer code contained or utilized by the Service may not be re-exported, downloaded or otherwise exported into any country against which the U.S. Government maintains comprehensive economic sanctions or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entity List. Additionally, Blizzard is also restricted from providing services that may be available through the Service to all such countries and/or individuals. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    2. Assignment.

      Blizzard may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these TOU without Blizzard’s prior written consent, and any unauthorized assignment by you shall be null and void.
    3. Severability.

      If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
    4. Attorneys‘ Fees.

      In the event any litigation is brought by either party in connection with these TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
    5. Entire Agreement.

      This Agreement, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not supersede, Game EULAs and Terms of Use specific to a Game. In the event of a conflict or inconsistency between the terms and conditions of these TOU and a Game EULA or terms of use agreement specific to a Game or Game feature, the terms and conditions of the Game EULA shall supersede and govern the terms of use agreement for the specific Game or Game feature whose terms and conditions shall, in turn, supersede and govern the terms and conditions of these TOU.
    6. No Waiver.

      Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    7. Notices.

      All notices given by you or required under this Agreement shall be in writing and addressed to: Blizzard Entertainment, 16215 Alton Parkway, Irvine, CA 92618, Attn: Legal Department.
    8. Equitable Remedies.

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

      Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.