WORLD OF WARCRAFT REMOTE
Last Updated March 28, 2011
BY USING THE MOBILE SERVICE, YOU AGREE TO BE BOUND BY THIS LEGAL CONTRACT.
- 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.
- 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. 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.
- 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. 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. 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. 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. 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. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
- 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.
- 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.
- 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. 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.