Case 1:15-cv-00228-RGA Document 7-17 Filed 03/31/15 Page 1 of 9 PageID #: 884
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`Exhibit 17
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`Blizzard Entertainment:World of Warcraft Terms of Use
`Case 1:15-cv-00228-RGA Document 7-17 Filed 03/31/15 Page 2 of 9 PageID #: 885
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`World of Warcraft Terms of Use
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`LAST UPDATED: AUGUST 22, 2012
`
`YOU SHOULD CAREFULLY READ THE FOLLOWING WORLD OF WARCRAFT TERMS OF USE
`AGREEMENT (THE “TERMS OF USE” OR “AGREEMENT”).
`
`IF YOU REJECT THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER FIRST PURCHASING A LICENSE TO THE WORLD OF WARCRAFT SOFTWARE, YOU MAY
`CALL (800)757-7707 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE. ONCE YOU AGREE TO THESE TERMS OF USE, THE BATTLE.NET TERMS OF USE,
`AND THE WORLD OF WARCRAFT END USER LICENSE AGREEMENT, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.
`
`Welcome to Blizzard Entertainment, Inc.’s (“Blizzard”) World of Warcraft® (the “Game”). The Game includes two components: (a) the software program along with any
`accompanying materials or documentation (collectively, the “Game Client”), and (b) Blizzard’s proprietary World of Warcraft online service (the “Service”). Your use of the Game
`Client is subject to the World of Warcraft End User License Agreement (the “EULA“). Your use of the Service is subject to this Terms of Use and the Battle.net Terms of Use
`Agreement (“BNET TOU“), incorporated herein by this reference. You must accept the EULA, the Terms of Use and the BNET TOU (collectively, the “Blizzard Agreements”)
`prior to playing the Game.
`
`You must obtain a World of Warcraft authorization code from Blizzard (usually found in a ‘box’ copy of the Game or purchased through Battle.net), and register for and log in
`using an authorized Battle.net account (a “BNET Account”) to play the Game. The Game is available for use only by authorized end users in accordance with the terms of the
`Blizzard Agreements. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the Blizzard Agreements is expressly prohibited.
`
`1. Grant of a Limited License to Use the Service
`
`Subject to your agreement to and continuing compliance with the Blizzard Agreements, you may use the Service solely for your own non-commercial
`entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with
`any other software.
`
`2. Additional License Limitations.
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`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
`the Game Client in violation of the License Limitations will be regarded as an infringement of Blizzard’s copyrights in and to the Game. You agree that you will
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`Blizzard Entertainment:World of Warcraft Terms of Use
`Case 1:15-cv-00228-RGA Document 7-17 Filed 03/31/15 Page 3 of 9 PageID #: 886
`not, under any circumstances:
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`A. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the World of Warcraft experience;
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`B. exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) use at a cyber cafe,
`computer gaming center or any other location-based site without the express written consent of Blizzard; (b) for gathering in-game currency, items or resources
`for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
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`C. use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game or the Service, including without
`limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that
`Blizzard may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
`
`D. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Blizzard;
`
`E. host, provide or develop matchmaking services for the 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;
`
`F. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized
`server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Blizzard;
`
`G. violate any applicable law or regulation in connection with your use of the Game Client or the Service; or
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`H. disrupt or assist in the disruption of (i) any computer used to support the Service (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 THE GAME CLIENT MAY BE A VIOLATION OF
`CRIMINAL AND CIVIL LAWS.
`
`3. Eligibility.
`
`You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1)
`minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you.
`
`4. Ownership.
`
`All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names,
`stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral
`rights, any related documentation, “applets,” transcripts of the chat rooms, character profile information, recordings of games) are owned by Blizzard or its
`licensors. The Game and the Service are protected by United States and international laws, and may contain certain licensed materials in which Blizzard’s
`licensors may enforce their rights in the event of any violation of this Agreement.
`
`5. No Ownership Rights in Account.
`
`NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR
`OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A BLIZZARD SYSTEM, INCLUDING WITHOUT LIMITATION ANY BNET
`ACCOUNT OR WORLD OF WARCRAFT ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH
`ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLIZZARD.
`
`6. Account Suspension/Deletion.
`
`BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY BNET ACCOUNT OR WORLD OF WARCRAFT ACCOUNT AT ANY TIME FOR ANY
`REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions,
`terminations and/or deletions are the result of violations of this Terms of Use or the EULA.
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`Blizzard Entertainment:World of Warcraft Terms of Use
`Case 1:15-cv-00228-RGA Document 7-17 Filed 03/31/15 Page 4 of 9 PageID #: 887
`7. Code of Conduct.
`
`As with all things, your use of the Game is governed by certain rules. These rules (the “World of Warcraft Code of Conduct”), maintained and enforced
`exclusively by Blizzard, must be adhered to by all players. It is your responsibility to know, understand and abide by this World of Warcraft Code of Conduct.
`The following rules are not meant to be exhaustive, and Blizzard reserves the right to determine which conduct it considers to be outside the spirit of the Game
`and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Blizzard reserves the right to modify this Code
`of Conduct at any time.
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`A: Rules Related to Usernames and Guild Designations.
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`Each user will either select a character name or allow the Service to automatically select a character name at random. Additionally, users may form
`"guilds" and such guilds will be required to choose a name for the guild. When you choose a character name, create a guild, or otherwise create a label
`that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency.
`If Blizzard finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and
`corresponding chat room, and/or suspend or terminate your use of the Service. In particular, you may not use any name:
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`(i) Belonging to another person with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent
`of Blizzard;
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`(ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
`
`(iii) Subject to the rights of any other person or entity without written authorization from that person or entity;
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`(iv) That belongs to a popular culture figure, celebrity, or media personality;
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`(v) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
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`(vi) Belonging to any religious figure or deity;
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`(vii) Taken from Blizzard's Warcraft products, including character names from the Warcraft series of novels;
`
`(viii) Related to drugs, sex, alcohol, or criminal activity;
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`(ix) Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
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`(x) Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
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`(xi) Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman")
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`(xii) That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
`
`(xiii) That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles (e.g. , "CorporalTed," or "GeneralVlad"),
`monarchistic or fantasy titles (e.g., "KingMike", "LordSanchez"), and religious titles (e.g., "ThePope," or "Reverend Al"). You may not use a misspelling
`or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the
`above name restrictions.
`
`B. Rules Related to "Chat" and Interaction With Other Users. Communicating in-game with other Users and Blizzard representatives, whether by text,
`voice or any other method, is an integral part of the Game and the Service and is referred to here as "Chat." When engaging in Chat, you may not:
`(i) Transmit or post any content or language which, in the sole and absolute discretion of Blizzard, is deemed to be offensive, including without
`limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or
`racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language
`restrictions listed above;
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`(ii) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or
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`Blizzard Entertainment:World of Warcraft Terms of Use
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`setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
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`(iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting
`commercial solicitations and/or advertisements for goods and services available outside of the World of Warcraft universe;
`
`(iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without
`limitation continuous advertisements to sell goods or services;
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`(v) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may
`communicate his or her own personal information in a private message directed to a single user;
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`(vi) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
`
`(vii) Participate in any action that, in the sole and absolute opinion of Blizzard, results or may result in an authorized user of the Game being
`"scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play in the Game;
`
`(viii) Communicate directly with players who are playing characters aligned with the opposite faction (e.g. Horde communicating with Alliance or vice
`versa); or
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`(ix) Impersonate any real person, including without limitation any "game master" or any other Blizzard agent or employee, nor may you communicate in
`the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Blizzard agent
`or employee.
`
`C. Rules Related to Game Play. Game play is what World of Warcraft is all about, and Blizzard strictly enforces the rules that govern game play.
`Blizzard considers most conduct to be part of the Game, and not harassment, so player-killing the enemies of your race and/or alliance, including
`gravestone and/or corpse camping, is considered a part of the Game. Because the Game is a "player vs. player" game, you should always remember to
`protect yourself in areas where the members of hostile races can attack you, rather than contacting Blizzard's in-game customer service
`representatives for help when you have been killed by an enemy of your race. Nonetheless, certain acts go beyond what is "fair" and are considered
`serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:
`
`(i) Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available,
`or to obtain a competitive advantage over other players;
`
`(ii) Conduct prohibited by the EULA or elsewhere in these Terms of Use; and
`
`(iii) Anything that Blizzard considers contrary to the "essence" of the Game.
`
`8. Ownership/Selling of the Account or Virtual Items.
`
`Blizzard does not recognize the transfer of World of Warcraft Accounts or BNET Accounts (each an “Account”). 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. Blizzard owns, has licensed, or otherwise has rights to
`all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or
`currency appearing or originating in the Game, or any other attributes associated with any Account. Blizzard does not recognize any purported transfers of virtual
`property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly,
`you may not sell in-game items or currency for “real” money, or exchange those items or currency for value outside of the Game.
`
`9. Changes to the Terms of Use or the Game.
`
`Blizzard reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of
`this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service,
`effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future
`changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop
`using, the Game. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all
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`Blizzard Entertainment:World of Warcraft Terms of Use
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`such changes. Blizzard may change, modify, suspend, or discontinue any aspect of the Game at any time. Blizzard may also impose limits on certain features or
`restrict your access to parts or all of the Game without notice or liability. The entire risk arising out of the use or performance of the Game (including without
`limitation the Game Client and manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the
`above limitations may not apply to you.
`
`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.
`
`10. Termination.
`
`This Agreement is effective until terminated. You may terminate this Agreement by deleting the Game Client and terminating all World of Warcraft Accounts
`registered to you. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-
`purchased game access to World of Warcraft. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to
`any termination of this Agreement. Blizzard may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason.
`The provisions of Sections 4, 5, 8, 11, and 12-17 shall survive any termination of this Agreement.
`
`11. Warranty Disclaimer.
`
`Blizzard warrants that the media containing the Game Client shall be free from defects in material and workmanship for a period of 90 days from the date of your
`purchase of the Game. In the event that the media containing the Game proves to be defective during that time period, Blizzard will at its option (a) correct any
`defect, (b) provide you with a similar product of similar value, or (c) refund your money when you present Blizzard with proof of purchase of the defective media.
`THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. THE GAME AND THE SERVICE ARE
`PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND BLIZZARD DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE
`UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR
`OTHER HARMFUL COMPONENTS. BLIZZARD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
`THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. The entire risk arising
`out of the use or performance of the Game (including without limitation the Game Client and manual(s)) remains with you, the user. Some jurisdictions do not
`allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
`
`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.
`
`12. Limitation of Liability.
`
`IN NO EVENT SHALL BLIZZARD, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
`EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE),
`STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME OR THE SERVICE. THE FOREGOING
`LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event
`shall Blizzard's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Blizzard during the six (6)
`months immediately prior to the time such claim arose.
`
`13. Indemnification.
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`Blizzard Entertainment:World of Warcraft Terms of Use
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`YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BLIZZARD, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND
`AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT
`OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE SERVICE.
`
`14. 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 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.
`
`15. Acknowledgments.
`
`You hereby acknowledge and agree that:
`
`A. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR
`UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH WORLD OF WARCRAFT. AN “UNAUTHORIZED THIRD PARTY
`PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION
`WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 7. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD
`PARTY PROGRAM, BLIZZARD MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME,
`DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY
`PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY BLIZZARD AGREEMENT, WITH OR WITHOUT PRIOR
`NOTICE TO THE USER.
`
`B. WHEN THE GAME IS RUNNING, BLIZZARD MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING
`WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF
`IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY BLIZZARD AGREEMENT.
`
`C. Blizzard may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you
`and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Blizzard believes that doing so may protect
`your safety or the safety of others.
`
`D. BLIZZARD MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE
`TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you
`acknowledge that Blizzard is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
`
`E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction
`incurred in maintaining connectivity to the Servers.
`
`16. Equitable Remedies.
`
`In the event that you breach this Agreement, you hereby agree that Blizzard would be irreparably damaged if this Agreement were not specifically enforced, and
`therefore you agree that Blizzard 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 Blizzard may otherwise have available to it under applicable laws. In the event any litigation is brought
`by either party in connection with this Agreement and consistent with Section 17, the prevailing party in such litigation shall be entitled to recover from the other
`party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
`
`17. Dispute Resolution and Governing Law.
`
`A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Blizzard
`agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any
`arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Blizzard will send its notice to your billing
`address and email you a copy to the email address you have provided to us. You will send your notice to Blizzard Entertainment, Inc., P.O. Box 18979, Irvine
`CA 92623, ATTN: Legal Department.
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`Blizzard Entertainment:World of Warcraft Terms of Use
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`B. Binding Arbitration. If you and Blizzard are unable to resolve a Dispute through informal negotiations, either you or Blizzard may elect to have the Dispute
`(except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and
`binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
`TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where
`appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website
`www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather
`than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the
`AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Blizzard will pay all arbitration fees and expenses. The arbitration may be
`conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement
`of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as
`otherwise provided in this Agreement, you and Blizzard may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify,
`vacate or enter judgment on the award entered by the arbitrator.
`
`C. Restrictions. You and Blizzard agree that any arbitration shall be limited to the Dispute between Blizzard and you individually. To the full extent permitted by
`law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class
`action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or
`any other persons.
`
`D. Exceptions to Informal Negotiations and Arbitration. You and Blizzard agree that the following Disputes are not subject to the above provisions concerning
`informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Blizzard’s intellectual
`property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive
`relief.
`
`E. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For
`residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not
`subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of
`competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Blizzard agree to submit to the personal
`jurisdiction of that court.
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`F. Governing Law. Except as expressly provided otherwise, this Agreement shall be 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. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore,
`Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only
`to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. 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 Game
`and/or 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. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their
`own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
`
`G. Severability. You and Blizzard agree that if any portion of Section 17 is found illegal or unenforceable (except any portion of 17(d)), that portion shall be
`severed and the remainder of the Section shall be given full force and effect. If Section 17(d) is found to be illegal or unenforceable then neither you nor Blizzard
`will elect to arbitrate any Dispute falling within that portion of Section 17(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of
`competent jurisdiction within the County of Los Angeles, Stat