World of Warcraft Remote Terms of Use


WORLD OF WARCRAFT REMOTE

TERMS OF USE
Last Updated March 28, 2011

BY USING THE MOBILE SERVICE, YOU AGREE TO BE BOUND BY THIS LEGAL CONTRACT.

Thank you for using the World of Warcraft Remote service (the “Service”). These Terms of Use (the “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 is intended to be read in conjunction with, and does not supersede, the Battle.net Terms of Use Agreement (the “Battle.net Terms of Use”), and the World of Warcraft Terms of Use Agreement (the “WoW Terms of Use”), and you hereby represent that you have read and agreed to both agreements.

  1. 1. Use of the Service. Subject to your agreement to and continuing compliance with this Agreement, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with mobile device, or for certain features, a web browser. You may not use the Service for any other purpose, or using any other method.

  2. 2. Requirements. Before you can use the Service, you must: (i) have purchased a valid license to use Blizzard’s “World of Warcraft®” interactive game; (ii) register an account on Blizzard’s Battle.net Game Service (an “Account”) which is (and must remain) in good standing; (iii) agree to this Agreement; and (iv) read and understand the Privacy Policy. You are responsible for any internet connection or airtime fees that you incur when accessing any Blizzard service.

  3. 3. Suspension/Cancelation. BLIZZARD MAY SUSPEND, TERMINATE OR MODIFY YOUR ACCESS TO THE AUCTION HOUSE SERVICE AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. You may cancel your access to the Service at any time by following the instructions on the Battle.net website at www.battle.net. In the event that you do not maintain a World of Warcraft account in good standing, your access to the Service will be suspended until you restore that account to good standing. Blizzard may stop offering and/or supporting the Service at any time.

  4. 4. Updated Agreement. Blizzard will update this Agreement with new versions (each a “New TOU”) as the law and the Service evolve. 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 World of Warcraft account registered to you remains in good standing, you will be able to continue using the Service 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 Service.

  5. 5. Changes in Service. 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. If at any point you do not agree to any portion of the then-current version of this Agreement, the Privacy Policy, or any other Blizzard policy or agreement relating to your use of the Service, you must immediately stop using the Service.

  6. 6. Ownership. The Service and the clients used to access it are copyrighted works owned by Blizzard and its licensors, and Blizzard reserves all rights therein.

  7. 7. Fees. If you choose a recurring subscription to use the Service, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription or the Account. Information about the amount of the applicable Service Fee is available at https://www.worldofwarcraft.com/account/wow-remote-payment-method.html. Blizzard may revise the pricing for the Service at any time. Your subscription for the Auction House service will not be prorated. 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 IF YOUR WORLD OF WARCRAFT ACCOUNT IS CLOSED (WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY) OR YOUR ACCESS TO THE AUCTION HOUSE SERVICE IS TERMINATED.

  8. 8. Restrictions and Conditions of Use. You agree that you will not (i) violate any applicable law or regulation in connection with your use of the Service; (ii) connect to or use the Service for any commercial purpose, or in any way not expressly permitted by this Agreement; (iii) obtain or attempt to obtain any information from or through the Service using any method or program not expressly authorized by Blizzard; (iv) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; (v) facilitate, create or maintain any unauthorized connection to the Service, including any connection using programs or tools not expressly approved by Blizzard; (vi) disrupt or assist in the disruption of any computer or network resource used to support the Service; (vii) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or network resources connected to or used by the Service.

  9. 9. Monitoring and Disclosure. We may monitor and/or record your interactions with the Service, and you hereby provide your irrevocable consent to such monitoring and recording. WE RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE INFORMATION ABOUT YOU AND YOUR INTERACTIONS WITH THE AUCTION HOUSE SERVICE (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement or Blizzard policy; (c) to protect our legal rights and remedies; (d) where we feel someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

  10. 10. Disclaimer of Warranties. THE AUCTION HOUSE 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, 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 AUCTION HOUSE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE AUCTION HOUSE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE AUCTION HOUSE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  11. 11. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
    1. A. BLIZZARD IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE AUCTION HOUSE SERVICE OR YOUR INABILITY TO USE THE AUCTION HOUSE SERVICE. IN NO CASE SHALL BLIZZARD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE AUCTION HOUSE SERVICE OR ANY CLIENT USED TO ACCESS THE AUCTION HOUSE SERVICE. 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. B. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BLIZZARD IS TO STOP USING THE AUCTION HOUSE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.

    3. C. 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 breach by you of this Agreement.

  12. 12. Governing Law. Except as expressly provided otherwise, this Agreement shall be is governed by, and will be 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. Customers who access the Service from 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.

  13. 13. General. This Agreement may only be revised in a writing signed by Blizzard or published by Blizzard on its worldofwarcraft.com website. 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 the Agreement without Blizzard’s prior written consent, and any unauthorized assignment by you shall be null and void. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect. In the event any litigation is brought by either party in connection with this Agreement, 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. 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, the Battle.net Terms of Use and those agreements (e.g., EULAs and Terms of Use) specific to Blizzard games. 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. 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. 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 this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws. Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Blizzard's control such as 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.

BY USING THE AUCTION HOUSE SERVICE, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO THIS TERMS OF USE, THAT YOU AGREE TO ABIDE BY OUR IN GAME POLICIES, AND THAT YOU UNDERSTAND AND ACKNOWLEDGE OUR PRIVACY POLICY.