WoW Website TOU enEU 2004-08-05

WORLD OF WARCRAFT™ WEBSITE TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED HEREIN, PLEASE DO NOT USE THE SITE.

1. Acceptance of Terms of Use.

The following World of Warcraft website terms of use ("Terms of Use" or “World of Warcraft Website Terms of Use”) are the terms of a legal agreement between you, on the one hand, and Blizzard Entertainment^®, a division of Davidson & Associates, Inc., and affiliates, including Vivendi Universal Games International, S.A (hereinafter collectively referred to as " Blizzard"), on the other hand and may be updated from time to time without notice to you. You can review the most current version of the Terms of Use at any time at: http://www.wow-europe.com/en/legal/

The World of Warcraft website (the “Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on the Site. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent.

You acknowledge that Blizzard reserves the right in its sole discretion to refuse or terminate access to the Site at any time.

You assume the cost of all telephone charges, necessary servicing, repair, or correction for connecting to the Site.

The Site may contain additional terms, codes of conduct or guidelines that govern its use, including without limitation, particular features and/or special offers (i.e., sweepstakes and contests).

In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes of conduct and/or guidelines contained within the Site, then these Terms of Use shall control.

2. Privacy

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

3. Access to the Site

The Site is maintained by Blizzard, who will use reasonable care that the Site will be available for your use. However, note that you may not be able to access the Site whenever you want, and there may be extended periods of time where you cannot access the Site. Additionally, Blizzard reserves the right to suspend or restrict access to the Site for repairs, maintenance, or the introduction of new facilities or services.

4. Licence for Site access

Blizzard grants you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify the Site, or any portion of the Site, except with the express, written consent of Blizzard. This licence does not include any resale or commercial use of the Site or its contents or of any games or services offered on the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Blizzard’s express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blizzard and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Blizzard's or its affiliates' names or trademarks without the express written consent of Blizzard. Any unauthorised use terminates the permission or license granted by Blizzard.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of the Site as long as the link does not portray Blizzard, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Blizzard logo or other proprietary graphic or trademark as part of the link without Blizzard’s express written consent.

5. Code of Conduct within the Site

You must not use the Site in any way that causes, or is likely to cause, the Site or access to the Site to be interrupted, damaged or impaired in any way.

You understand that you, and not Blizzard, are responsible for all electronic communications and content sent from your computer to Blizzard and you must use the Site for lawful purposes only. You must not use the Site for any of the following:

-          for fraudulent purposes, or in connection with a criminal offence or other unlawful activity ;

-          to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";

-          to cause annoyance, inconvenience or needless anxiety.

The Site also provides forums as a service for the users to discuss Blizzard’s games (the “Forums”). The use and the access to the Forums is conditioned on your acceptance of the Forums Guidelines, which are an integral part of these Terms of Use.

Should you not respect the dispositions of this section, including the Forums Guidelines, and according to section 13 of the Terms of Use, Blizzard may terminate or restrict, without prior warning and at its sole discretion, your use or access to the Site and/or to the Forums.

6.Login and Password

Some parts of the Site, such as the forums, may require you to open and account. Then, you will have to choose a login name and a password that are specific to your account (collectively referred to hereunder as "Password"), which you may change if you so desire. Your Password is to be kept confidential at all times, and you are solely responsible for the security of your Password and your account. You may not disclose your Password to anyone, or allow your Password to be used by anyone besides. You are solely responsible for any and all activities that occur under your password. Any damage or harm that may result to you, Blizzard or any third party due to your disclosure of your Password, or due to the discovery of your Password by a third party, is your sole responsibility.

7. Links to Third Parties Sites

The Site may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of Blizzard and its affiliates are not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. Blizzard and its affiliates are not responsible for webcasting or any other form of transmission received from any Linked Site, nor are Blizzard and its affiliates responsible if the Linked Site is not working appropriately. The Site are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blizzard and its affiliates of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Blizzard and its affiliates shall not be responsible or liable for any part of any such dealings or promotions.

8. Disclaimers and Limitation of Liability

The Site content, including the information, names, images, pictures, logos and icons regarding or relating to Blizzard, its affiliates, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Blizzard and its affiliates will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of the Site.

Blizzard does not warrant that functions contained in the Site content will be uninterrupted or free of hacks, cheats, programming errors, or , defects, nor does Blizzard warrant that the Site or the server that makes it available are free of viruses or bugs.

Blizzard shall not be held liable for any delay or failure to perform resulting from causes outside the control of Blizzard.

BLIZZARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITES OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BLIZZARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLIZZARD SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

9. Intellectual Property – Database Rights

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (the “Content”), is the property of Blizzard, its affiliates or its licensors and content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on the Site is the exclusive property of Blizzard and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on the Site is the property of Blizzard, its affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.

Without prejudice of the provisions of Section 4 above, you may not systematically extract and/or re-utilise parts of the contents of the Site without 's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site, without Blizzard's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of the Site without Blizzard's express written consent.

Except where expressly authorized by Blizzard, you agree not to modify, rent lease, loan sell, distribute or create derivative works based on the Site and its Content, in whole or in part.

It is in particular forbidden to copy, reproduce, represent, modify and/or operate, in any way whatsoever and for any purposes whatsoever, all or part of the structure and content of the Site and its Content. You agree not to exploit for any commercial purposes, any portion of the Site, use of the Site or access of the Site and its Content.

You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Site and its Content, or remove any proprietary notices or labels on the Site or its Content without prior written consent of Blizzard.

10. Trademarks

BLIZZARD ENTERTAINMENT, BLIZZARD, WORLD OF WARCRAFT and other marks indicated on the Site are trademarks or registered trademarks of  Blizzard Entertainment, a division of Davidson & Associates, Inc., a California corporation, who has approved of the use of the Marks on the Site. Blizzard’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Blizzard. Blizzard 's trademarks and trade dress may not be used in connection with any product or service that is not  Blizzard’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blizzard. All other trademarks, company names and trade names not owned by Blizzard that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blizzard.

11. Submissions

Blizzard is pleased to hear from you and welcome your comments regarding and its affiliates' services, products and the Site. Unfortunately, however, long-standing company policy does not allow Blizzard to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Blizzard hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Blizzard and its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, Blizzard must, regretfully, ask that you do not send Blizzard any original creative materials such as game ideas or original artwork. While Blizzard do value your feedback on our services and products, Blizzard request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If at Blizzard’s request you send certain specific submissions (e.g., communications, including, postings and creative submissions) or, despite Blizzard’s request that you not send Blizzard any other creative materials, you send Blizzard creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Blizzard and its affiliates. None of the Submissions shall be subject to any obligation of confidence on the part of Blizzard and its affiliates, and Blizzard and its affiliates shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Blizzard and its affiliates shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.

12. Revisions

Blizzard  may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Blizzard shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Blizzard may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms of Use to which you are bound.

13. Termination

You agree that Blizzard, in its sole discretion, may terminate or restrict, without prior warning, your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Blizzard believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, including the Forums Guidelines, or the terms, conditions, rules of a sweepstakes, contest, or other promotion contained within the Site.

14. General

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These terms shall be governed by and interpreted in accordance with the laws applicable in your country of residence.