--- 2023.txt 2024-03-25 11:40:01.927139264 -0700
+++ 2024.txt 2024-03-25 11:40:08.587012204 -0700
@@ -5,11 +5,7 @@
-Blizzard® End User License Agreement (“Agreement”)
-
-
-
-LAST REVISED: November 30, 2023
+LAST REVISED March 21, 2024
@@ -85,21 +81,25 @@
-Except as otherwise provided below, if you reside in the United States,
-Canada, or Mexico, use of the Platform is licensed to you by Blizzard
-Entertainment, Inc., a Delaware corporation, 1 Blizzard Way, Irvine, CA
-92618, and if you are not a resident of the United States, Canada, or
-Mexico, use of the Platform is licensed to you by Activision Blizzard UK
-Limited, having its registered office at The Ampersand Building, 178
-Wardour Street, London, W1F 8FY, United Kingdom (Blizzard Entertainment,
-Inc., and Activision Blizzard UK Limited are referred to herein as
-“Blizzard”, “we,” or “us”).
+Except as otherwise provided below, if you reside in Europe, the Middle
+East, and/or Africa, use of the Platform is licensed to you by
+Activision Blizzard UK Limited, having its registered office at The
+Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom,
+if you reside in the Republic of Korea, use of the Platform is licensed
+to you by Blizzard Entertainment Limited, if you reside in Taiwan, use
+of the platform is licensed to you by Blizzard Entertainment (Hong Kong)
+Limited Taiwan Branch, and if you reside in any other territory, use of
+the Platform is licensed to you by Blizzard Entertainment, Inc., a
+Delaware corporation, with offices at 1 Blizzard Way, Irvine, CA 92618
+(Blizzard Entertainment, Inc., Activision Blizzard UK Limited, Blizzard
+Entertainment Limited, and Blizzard Entertainment (Hong Kong) Limited
+Taiwan Branch are referred to herein as “Blizzard”, “we,” or “us”).
1.
- *The Platform.*
+ The Platform.
1.
@@ -142,9 +142,7 @@
When you create or update an Account, you must:
- 1.
-
- provide Blizzard with accurate and up to date
+ 1. provide Blizzard with accurate and up to date
information that is personal to you, such as your name,
address, phone number, and email address. Additionally,
in order to play certain Games or use certain features
@@ -155,16 +153,12 @@
Blizzard’s Privacy Policy, located here. Blizzard shall
also have the right to obtain non personal data from
your connection to the Platform; and
-
- 2.
-
- select a unique username and password (collectively
+ 2. select a unique username and password (collectively
referred to hereunder as “Login Information”). You may
not use your real name as the password for the Account,
and you cannot share the Account or the Login
Information with anyone, unless the terms of this
Agreement allow it.
-
4.
To play Games, you may need to add a Game license to an
@@ -236,6 +230,21 @@
anyone that Blizzard believes may be threatened; or (e) to
report a crime or other offensive behavior.
+ 9.
+
+ When there’s something we need to tell you about your
+ Account, the Platform and/or a Game, we’ll send you
+ notifications. If you gave us your phone number in
+ connection with your Account, then we may communicate with
+ you via SMS (text message), including for verifying your
+ identity, Account registration and recovery, as well as
+ preventing cheating. Standard carrier rate and data or
+ messaging rates may apply when you receive notifications via
+ SMS. You may opt-out of such communications at any time. To
+ opt-out, update your Account settings, or contact Customer
+ Support at (https://us.battle.net/support/en/help
+ <https://us.battle.net/support/en/help>).
+
2.
Grant of License. If you accept and comply with the terms of
@@ -333,19 +342,20 @@
Agreement shall supersede and govern your use of the
Platform.
- 6.
+ 6.
+
+ FOR INDIVIDUALS BASED IN THE EUROPEAN ECONOMIC AREA: As an
+ integral part of its End User License Agreement (EULA),
+ Microsoft agrees to allow Consumers to play, solely for
+ their personal use, Eligible Games on a Streaming Service on
+ any device that they own, as defined in and pursuant to the
+ Commitments entered into by Microsoft and made legally
+ binding by the European Commission in its decision under
+ Article 8(2) of Regulation (EC) 139/2004 in case M.10646 –
+ Microsoft/Activision Blizzard. See
+ https://www.xbox.com/en-US/legal/activision-blizzard-cloud-game-streaming-eu <https://www.xbox.com/en-US/legal/activision-blizzard-cloud-game-streaming-eu>.
- FOR INDIVIDUALS BASED IN THE EUROPEAN ECONOMIC AREA: As
- an integral part of its End User License Agreement
- (EULA), Microsoft agrees to allow Consumers to play,
- solely for their personal use, Eligible Games on a
- Streaming Service on any device that they own, as
- defined in and pursuant to the Commitments entered into
- by Microsoft and made legally binding by the European
- Commission in its decision under Article 8(2) of
- Regulation (EC) 139/2004 in case M.10646 –
- Microsoft/Activision Blizzard. See
- https://www.xbox.com/en-US/legal/activision-blizzard-cloud-game-streaming-eu <https://www.xbox.com/en-US/legal/activision-blizzard-cloud-game-streaming-eu>.
+
3.
@@ -368,36 +378,24 @@
Cheating: Create, use, offer, promote, advertise, make
available and/or distribute the following or assist therein:
- 1.
-
- cheats; i.e. methods not expressly authorized by
+ 1. cheats; i.e. methods not expressly authorized by
Blizzard (whether accomplished using hardware, software,
a combination thereof, or otherwise), influencing and/or
facilitating gameplay, including exploits of any in-game
bugs, and thereby granting you and/or any other user an
advantage over other players not using such methods;
-
- 2.
-
- bots; i.e. any code and/or software, not expressly
+ 2. bots; i.e. any code and/or software, not expressly
authorized by Blizzard, that allows the automated
control of a Game, or any other feature of the Platform,
e.g. the automated control of a character in a Game;
-
- 3.
-
- hacks; i.e. accessing or modifying the software of the
+ 3. hacks; i.e. accessing or modifying the software of the
Platform in any manner not expressly authorized by
Blizzard; and/or
-
- 4.
-
- any code and/or software, not expressly authorized by
+ 4. any code and/or software, not expressly authorized by
Blizzard, that can be used in connection with the
Platform and/or any component or feature thereof which
changes and/or facilitates the gameplay or other
functionality;
-
3.
Prohibited Commercial Uses: Exploit, in its entirety or
@@ -429,12 +427,14 @@
5.
- Cloud Computing: Use the Platform, including a Game, in
- connection with any unauthorized third-party “cloud
- computing” services, “cloud gaming” services, or any
- software or service designed to enable the unauthorized
- streaming or transmission of Game content from a third-party
- server to any device.
+ Cloud Computing: Subject to 1.B.vi hereof, use the Platform,
+ including a Game, in connection with any unauthorized
+ third-party “cloud computing” services, “cloud gaming”
+ services, or any software or service designed to enable the
+ unauthorized streaming or transmission of Game content from
+ a third-party server to any device. For the avoidance of
+ doubt, this Section 1.C.v does not prohibit the use of any
+ service that has been authorized by Blizzard.
6.
@@ -504,6 +504,8 @@
Violation of Laws: use the Platform to violate any
applicable law or regulation.
+
+
4.
Platform and Game-Specific Features.
@@ -569,10 +571,7 @@
To purchase Battle.net Balance, go to the Battle.net
Balance purchase page 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/or Argentinean Pesos) in order to redeem your
+ provided to you on that page in order to redeem your
Battle.net Balance for certain products or services
offered on the Platform. It may take up to five (5)
days before purchases of Battle.net Balance are made
@@ -983,7 +982,7 @@
2.
- *Blizzard’s Ownership*
+ Blizzard’s Ownership
1.
@@ -1077,7 +1076,7 @@
- 3. *Pre-Loaded Software*. The Platform may contain additional software
+ 3. Pre-Loaded Software The Platform may contain additional software
that requires you to agree to additional terms prior to your use
thereof (“Additional Software”). A. Installation. You agree that
Blizzard may install Additional Software on your hard drive as part
@@ -1095,7 +1094,7 @@
- 4. *Consent to Monitor*. WHILE RUNNING, THE PLATFORM (INCLUDING A GAME)
+ 4. Consent to Monitor. WHILE RUNNING, THE PLATFORM (INCLUDING A GAME)
MAY MONITOR YOUR COMPUTER, CONSOLE, OR MOBILE DEVICE'S MEMORY FOR
UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A
GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS
@@ -1116,7 +1115,7 @@
5.
- *Limited Warranty*. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW,
+ Limited Warranty. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW,
THE PLATFORM, ACCOUNTS, AND THE GAME(S) ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
@@ -1149,7 +1148,7 @@
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
+ 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.
@@ -1157,7 +1156,7 @@
- 6. *Limitations of Liability*. To the fullest extent allowed by
+ 6. Limitations of Liability. To the fullest extent allowed by
applicable law, Blizzard, its parent, subsidiaries, Licensors and
affiliates shall not be liable for any loss or damage arising out of
your use of, or inability to access or use, the Platform or
@@ -1169,7 +1168,7 @@
- 7. *Indemnity*. You hereby agree to defend and indemnify Blizzard, its
+ 7. Indemnity. You hereby agree to defend and indemnify Blizzard, its
parent, subsidiaries, Licensors and affiliates against and from any
third party claims, liabilities, losses, injuries, damages, costs or
expenses incurred by Blizzard arising out of or from any violation
@@ -1180,7 +1179,7 @@
- 8. *Equitable Remedies*. You agree that Blizzard would be irreparably
+ 8. Equitable Remedies. You agree that Blizzard would be irreparably
damaged if the terms of this Agreement were not specifically
followed and enforced. In such an event, you agree that Blizzard
shall be entitled, without bond or other security, or proof of
@@ -1193,7 +1192,7 @@
9.
- *Alterations*.
+ Alterations.
1.
@@ -1243,7 +1242,7 @@
10.
- *Term and Termination*.
+ Term and Termination.
1.
@@ -1269,10 +1268,11 @@
You may terminate this Agreement at any time by notifying
Blizzard by email through https://us.battle.net/support/en/
- and by uninstalling the Platform and the Games, but the
- Dispute Resolution provisions of this Agreement will survive
- termination and apply to all Disputes that arose or could
- have been initiated prior to termination.
+ <https://us.battle.net/support/en/> and by uninstalling the
+ Platform and the Games, but the Dispute Resolution
+ provisions of this Agreement will survive termination and
+ apply to all Disputes that arose or could have been
+ initiated prior to termination.
2.
@@ -1311,233 +1311,177 @@
1.
- APPLICABILITY OF THIS DISPUTE RESOLUTION POLICY. This binding
- individual arbitration section will not apply to the extent
- prohibited by the laws of your country of residence. In the
- United States, this Agreement is governed by the Federal
- Arbitration Act and federal arbitration law. To the fullest
- extent allowed by applicable law, you and Blizzard agree to
- submit all Disputes between us to individual, binding
- arbitration under the provisions in this Section 11. A “Dispute”
- means any dispute, claim, or controversy (except those
- specifically exempted below) between you and Blizzard that in
- any way relates to or arises from any aspect of our
- relationship, including, without limitation, your use or
- attempted use of the Platform, the Games, and all marketing
- related to them, your Account, your Battle.net Balance, any
- licensed content, and all matters relating to or arising from
- this Agreement, Blizzard’s Privacy Policy, or any other
- agreement between you and Blizzard, including the validity and
- enforceability of this agreement to arbitrate. A Dispute shall
- be subject to binding, individual arbitration regardless of
- whether it is based in contract, statute, regulation, ordinance,
- tort (including fraud, misrepresentation, fraudulent inducement,
- or negligence), or any other legal or equitable theory. This
- includes claims that accrued before you entered into this
- Agreement. You understand that there is no judge or jury in
- arbitration and that court review of an arbitration award is
- limited.
+ *Binding Arbitration and Class Action Waiver* If You Live In The
+ United States. We hope we never have a dispute, but if we do,
+ you and we agree to try for 60 days, upon receipt of a Notice of
+ Dispute, to resolve it informally. If we can’t, you and we agree
+ to binding individual arbitration before the American
+ Arbitration Association ("AAA") under the Federal Arbitration
+ Act (“FAA”), and not to sue in court in front of a judge or
+ jury. Instead, a neutral arbitrator will decide and the
+ arbitrator’s decision will be final except for a limited right
+ of review under the FAA. To the fullest extent permitted by law,
+ class action lawsuits, class-wide arbitrations, private
+ attorney-general actions, requests for public injunctions, and
+ any other proceeding or request for relief where someone acts in
+ a representative capacity aren’t allowed. Nor is combining
+ individual proceedings without the consent of all parties.
- 2.
+ 1.
- INFORMAL NEGOTIATION PERIOD. Blizzard’s customer support
- department is available at https://us.battle.net/support/en/
- <https://us.battle.net/support/en/> to address any concerns you
- may have regarding the Platform, your Account, or the Games.
- Most concerns are quickly resolved in this manner to our
- customers' satisfaction. In an effort to accelerate resolution
- and reduce the cost of any Dispute between us, you and Blizzard
- agree to first attempt to negotiate any Dispute informally for
- at least thirty (30) days before either party initiates any
- arbitration or court proceeding (the “Initial Dispute Resolution
- Period”). That period begins upon receipt of written notice from
- the party raising the Dispute. If Blizzard has a Dispute with
- you, it will send notice of that Dispute to your billing address
- and/or email address you have provided to us. If you have a
- Dispute with Blizzard, you must notify us in writing at the
- following email address: [email protected], using the subject
- line “Initial Dispute Resolution Notice.” Your notice of Dispute
- must be individual to you and must include, as applicable, your
- name, the email address associated with your Battle.net Account,
- and your residential address. The notice of Dispute also must
- describe the Dispute, explain the facts of the Dispute as you
- understand them, and tell Blizzard what you want us to do to
- resolve the problem. The parties shall use their best efforts to
- settle any Dispute directly through consultation and good faith
- negotiations, and you agree that a notice of Dispute containing
- all of the information required above, followed by at least 30
- days of good faith negotiation, are preconditions to either
- party initiating a lawsuit or arbitration. A notice of Dispute
- will not be valid, will not start the Initial Dispute Resolution
- Period, and will not allow you or Blizzard later to initiate a
- lawsuit or arbitration, unless it contains all of the
- information required by this paragraph. If either of us
- commences an arbitration without having previously provided a
- valid and compliant notice of Dispute, you and Blizzard agree
- that the applicable arbitration provider (or the arbitrator, if
- one has been appointed) must suspend the arbitration until the
- party that initiated it complies with the Initial Dispute
- Resolution Period. You and Blizzard authorize the arbitration
- provider or the arbitrator to decide summarily whether the party
- that commenced an arbitration complied with the Initial Dispute
- Resolution Period requirement, relying solely on this Agreement
- and the notice of Dispute (if any) that you or Blizzard provided
- before commencing arbitration.
+ Disputes Covered—Everything Except IP. The term "dispute" is
+ as broad as it can be. It includes any claim or controversy
+ between you and us that in any way relates to or arises from
+ any aspect of our relationship, including, without
+ limitation, your use or attempted use of the Platform, the
+ Games, and all marketing related to them, your Account, your
+ Battle.net Balance, any licensed content, and all matters
+ relating to or arising from this Agreement, Blizzard’s
+ Privacy Policy, or any other agreement between you and
+ Blizzard, including the validity and enforceability of this
+ agreement to arbitrate, under any legal theory including
+ contract, warranty, tort, statute, or regulation, except
+ disputes relating to the enforcement or validity of your,
+ your licensors’, our, or our licensors’ intellectual
+ property rights.
- 3.
+ 2.
- BINDING ARBITRATION. If a Dispute cannot be resolved through
- negotiations during the Initial Dispute Resolution Period, then
- either you or Blizzard may elect to have the Dispute finally and
- exclusively resolved by binding arbitration, unless an exception
- applies as stated below.
-
- Except in the event of a Mass Arbitration (as defined below),
- the arbitration will be administered by JAMS in accordance with
- the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS
- Rules”) effective as of the date of the Notice of Dispute, which
- are available at the JAMS website,
- http://www.jamsadr.com/rules-streamlined-arbitration
- <http://www.jamsadr.com/rules-streamlined-arbitration>, as
- modified by this Agreement. If, for any reason, JAMS is unable
- to provide the arbitration, then except as otherwise stated
- below, you may file your Dispute with any national arbitration
- company that handles consumer arbitrations following procedures
- that are substantially similar to the JAMS Rules.
-
- Arbitration hearings may be conducted by videoconference unless
- the arbitrator believes an in-person hearing is necessary. In
- such instances, the location of an arbitration hearing will be
- decided pursuant to the JAMS Rules. For residents outside the
- United States, arbitration shall be initiated in Orange County,
- California, and you and Blizzard agree to submit to the personal
- jurisdiction of any federal or state court in Orange County,
- California, in order to compel arbitration, to stay proceedings
- pending arbitration, or to confirm, modify, vacate, or enter
- judgment on the award entered by the arbitrator.
-
- 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. The decision of the
- arbitrator shall be final and binding on you and Blizzard, and
- any award of the arbitrator may be entered in any court of
- competent jurisdiction.
-
- The arbitrator shall determine the scope and enforceability of
- this arbitration agreement, including whether a Dispute is
- subject to arbitration. The arbitrator has authority to decide
- all issues of validity, enforceability or arbitrability,
- including, but not limited to, where a party raises as a defense
- to arbitration that the claims in question are exempted from the
- arbitration requirement or that any portion of this agreement is
- not enforceable.
-
- If a lawsuit filed in court includes claims or requests for
- relief that are arbitrable and claims or requests for relief
- that are not, you and Blizzard agree that any non-arbitrable
- claims or requests for relief shall be stayed pending the
- completion of the arbitration of the arbitrable claims or
- requests for relief.
+ Send a Notice of Dispute Before Arbitration. If Blizzard has
+ a dispute with you, it will send notice of that dispute to
+ your billing address and/or email address you have provided
+ to us. If you have a dispute with Blizzard that our customer
+ service representatives can’t resolve and you wish to pursue
+ arbitration, you must first notify us in writing at the
+ following email address: [email protected]
+ <mailto:[email protected]>, using the subject line “Notice
+ of Dispute.” Your notice of dispute must be individual to
+ you and must include, as applicable, your name, the email
+ address associated with your Account, and your residential
+ address. The notice of dispute also must describe the
+ dispute, explain the facts of the dispute as you understand
+ them, and tell Blizzard what you want us to do to resolve
+ the problem. This Notice of Dispute is a prerequisite to
+ initiating any arbitration. Any applicable statute of
+ limitations will be tolled from the date of a properly
+ submitted individualized Notice of Dispute through the first
+ date on which an arbitration may properly be filed under
+ this Section 11.
- 4.
+ 3.
- CLASS AND COLLECTIVE ACTION WAIVER. TO THE FULLEST EXTENT
- ALLOWED BY APPLICABLE LAW, YOU AND BLIZZARD AGREE THAT EACH
- PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN
- INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE
- ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL.
- To the extent applicable law does not permit waiver of private
- attorney general claims, but permits them to be arbitrated, then
- such claims shall be resolved in arbitration. The arbitrator
- shall be empowered to grant whatever relief would be available
- in a court under law or in equity.
-
- If any provision in Section 11 of this Agreement is found to be
- unenforceable, that provision shall be severed with the
- remainder of Section 11 of this Agreement remaining in full
- force and effect. *The foregoing severance provision shall not
- apply to the prohibition against class or collective actions.
- This means that if the prohibition against class or collective
- actions is found to be unenforceable for any reason, the entire
- Section 11 of this Agreement (but only Section 11) shall be null
- and void.*
+ Small Claims Court Option. Instead of sending a Notice of
+ Dispute, either you or we may sue the other party in small
+ claims court seeking only individualized relief, so long as
+ the action meets the small claims court’s requirements and
+ remains an individual action seeking individualized relief.
+ The small claims court must be in your county of residence
+ (or, if a business, your principal place of business).
- 5.
+ 4.
- EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION.
- Notwithstanding the parties' decision to resolve all disputes
- through arbitration, either party may bring an action in state
- or federal court that only asserts claims for patent
- infringement or invalidity, copyright infringement, piracy,
- moral rights violations, trademark infringement, and/or trade
- secret misappropriation. This exclusion does not include claims
- related to the license granted to you for the Platform under
- this Agreement. Excluded claims are subject to the jurisdiction
- and applicable law provisions in Section 11(H) below.
-
- Either party may also seek relief in a small claims court for
- any individual disputes or claims within the scope of that
- court's jurisdiction. If an arbitration is filed, before the
- arbitrator is formally appointed, either party can send written
- notice to the opposing party and the applicable arbitration
- provider that it wants the case decided by a small claims court,
- after which the arbitration provider may close the case.
+ Arbitration Procedure. The AAA will conduct any arbitration
+ under its Consumer Arbitration Rules. For more information,
+ see www.adr.org or call 1-800-778-7879. This Section 11 and
+ this Agreement govern to the extent they conflict with any
+ applicable AAA rules. To initiate an arbitration, submit the
+ Demand for Arbitration form available at
+ https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf <https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf> to the AAA and email a copy to [email protected] <mailto:[email protected]>. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties.
+
+ The arbitrator rules on all arbitrability issues, including
+ scope, validity and enforceability of this arbitration
+ agreement, except that a court has exclusive authority: (i)
+ to decide whether the parties have complied with the
+ pre-arbitration requirements (including the individualized
+ Notice of Dispute and Demand for Arbitration form); (ii) to
+ enforce the prohibition on class, representative, private
+ attorney-general, or combined actions or proceedings, or on
+ public injunctive relief in arbitration; and (iii) to enjoin
+ an arbitration from proceeding if it does not comply with
+ this Section 11.
+
+ If your Notice of Dispute involves claims similar to those
+ of at least 24 other customers, and if you and those other
+ customers are represented by the same lawyers, or by lawyers
+ who are coordinating with each other, you and we agree that
+ these claims will be “Related Cases.” Related Cases will be
+ governed by the AAA’s Mass Arbitration Supplementary Rules,
+ as modified by these Terms. For more information, see
+ https://www.adr.org/mass-arbitration
+ <https://www.adr.org/mass-arbitration> or call
+ 1-800-778-7879. Related cases may only be filed in batches
+ of up to 50 individual arbitrations at a time, and those
+ individual arbitrations will be resolved in the following
+ manner: (i) for the first batch, each side may select up to
+ 25 of these Related Cases to be filed and resolved in
+ individual arbitrations under this Section 11; (ii) none of
+ the other Related Cases may be filed or prosecuted in
+ arbitration until the first batch of up to 50 individual
+ arbitrations is resolved; and (iii) if, after that first
+ batch, the parties are unable to informally resolve the
+ remaining Related Cases, a second batch of Related Cases may
+ be filed, where each side may select up to 25 of the Related
+ Cases to be resolved in individual arbitrations under this
+ Section 11. This process of batched individual arbitrations
+ will continue until the parties resolve all Related Cases
+ informally or through individual arbitrations, or unless AAA
+ or an arbitrator appointed by AAA directs otherwise
+ following arbitration of the second batch of Related Cases.
+ A court has exclusive authority to enjoin the filing or
+ prosecution of arbitrations that do not comply with this
+ paragraph.
- 6.
+ 5.
- EXCEPTION – MASS ARBITRATION BEFORE FEDARB: Notwithstanding the
- parties’ decision to have arbitrations administered by JAMS, if
- 20 or more demands for arbitration are filed relating to the
- same or similar subject matter and sharing common issues of law
- or fact, and counsel for the parties submitting the demands are
- the same or coordinated, you and we agree that this will
- constitute a “Mass Arbitration.” If a Mass Arbitration is
- commenced, you and we agree that it shall not be governed by
- JAMS Rules or administered by JAMS. Instead, a Mass Arbitration
- shall be administered by FedArb, a nationally recognized
- arbitration provider, and governed by the FedArb Rules in effect
- when the Mass Arbitration is filed, excluding any rules that
- permit arbitration on a class-wide basis (the “FedArb Rules”),
- and under the rules set forth in this Agreement. The FedArb
- Rules are available at https://www.fedarb.com/
- <https://www.fedarb.com/> or by calling 1-650-328-9500. You and
- we agree that the Mass Arbitration shall be resolved using
- FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL,
- available at https://www.fedarb.com/ <https://www.fedarb.com/>.
- Before any Mass Arbitration is filed with FedArb, you and we
- agree to contact FedArb jointly to advise that the parties
- intend to use FedArb’s Framework for Mass Arbitration
- Proceedings ADR-MDL. The individual demands comprising the Mass
- Arbitration shall be submitted on FedArb’s claim form(s) and as
- directed by FedArb. You and Blizzard agree that if either party
- fails or refuses to commence the Mass Arbitration before FedArb
- rather than JAMS, you or Blizzard may seek an order from JAMS
- compelling compliance and directing administration of the Mass
- Arbitration before FedArb. Pending resolution of any such
- requests, you and we agree that all arbitrations comprising the
- Mass Arbitration (and any obligation to pay arbitration fees)
- shall be stayed. If for any reason the provisions in this
- Section 11(F) are found to be unenforceable, or if for any
- reason FedArb declines to administer the Mass Arbitration, then
- the Disputes comprising the Mass Arbitration shall be
- administered by JAMS consistent with the provisions of Section
- 11 of this Agreement.
+ Arbitration Fees and Payments.
- 7.
+ 1.
- 30 DAY RIGHT TO OPT OUT: You have the right to opt-out and not
- be bound by the arbitration agreement and class action waiver
- provisions in this Section 11 by sending written notice of your
- decision to opt-out to the following email address:
- [email protected] <mailto:[email protected]>, using the
- subject line “Arbitration Opt-Out.” The notice must be sent
- within 30 days of the date on which you first access or use the
- Platform and agree to these terms; otherwise you shall be bound
- to arbitrate disputes in accordance with the terms of this
- Section 11. If you opt-out of these arbitration provisions,
- Blizzard also will not be bound by them.
+ Disputes Involving Less Than $75,000. We will promptly
+ reimburse your arbitration filing fees if: (i) the
+ dispute involves less than $75,000; and before
+ initiating arbitration (ii) you complied with all
+ pre-arbitration requirements in this Section 11,
+ including, if applicable, the Related Cases paragraph.
+ Otherwise, the AAA rules will govern payment of filing
+ fees and the AAA’s and arbitrator’s fees and expenses.
- 8.
+ 2.
+
+ Disputes Involving $75,000 or More. The AAA rules will
+ govern payment of filing fees and the AAA’s and
+ arbitrator’s fees and expenses.
+
+ 6.
+
+ Opting Out/ Rejecting Future Arbitration Changes. If you are
+ a new user of the Platform, you may opt out of arbitration
+ under this Section 11 by personally signing and sending us
+ notice within 30 days from the date of your first use of the
+ Platform by email to [email protected]
+ <mailto:[email protected]>. If you are an existing user of
+ the Platform, you may reject any change we make to this
+ Section 11 by personally signing and sending us notice
+ within 30 days of the change by email to [email protected]
+ <mailto:[email protected]>. If you do, the most recent
+ version of this Section 11 before the change you rejected
+ will apply.
+
+ 7.
+
+ Severability. If, after exhaustion of all appeals, any part
+ of this Section 11 is found to be unenforceable as to any
+ claim or request for a remedy, then the parties agree to
+ arbitrate all claims and remedies subject to arbitration
+ before litigating in court any remaining claims or remedies
+ (such as a request for a public injunction remedy, in which
+ case the arbitrator issues an award on liability and
+ individual relief before a court considers that request).
+ Otherwise, if any other part of this Section 11 is found to
+ be unenforceable, the remainder will remain in effect (with
+ an arbitration award issued before any court proceeding begins).
+
+ 2.
CHOICE OF LAW; VENUE FOR NON-ARBITRABLE DISPUTES. Unless this
Agreement includes express language to the contrary, all
@@ -1571,7 +1515,7 @@
12.
- *General.*
+ General.
1.
@@ -1681,7 +1625,9 @@
The provisions of Sections 2, 5, 6, 7, 8, 11, and 12 shall
survive termination of this Agreement for any reason.
- END
+
+
+END