The Software License and Service Agreement will be updated. Please follow this link [https://www.activision.com/legal/ap-eula] in order to see these changes.
ActivisionBlizzard.com (the “Website”) is owned and operated by Activision Blizzard, Inc. (“AB,” “we,” “us,” or “our”). By using this Website, you agree to these Terms of Use. We may change the Terms of Use from time to time. By continuing to use the Website after we post any changes, you accept and agree to the Terms of Use, as modified.
Please see our notice regarding forward looking statements.
All materials on this Website (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof), is property of AB (including its subsidiaries) or licensors and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Website for your personal and non-commercial use. Any other use of material on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Website, or use of the Website for purposes competitive to AB, is expressly prohibited.
AB, or its licensors, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in AB’s sole discretion. AB neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with AB.
You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to interrupt, damage, or interfere with the proper working of the Website.
Links
This Website contains links to other websites, which may be operated by AB or its affiliates or third parties. AB is not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by AB or its licensors.
Trademarks
Trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of AB, its subsidiaries, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.
Copyright Infringement
AB respects the intellectual property rights of others. If you believe that any content appearing in on this Website has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below.
Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You are encouraged to review 17 U.S.C. § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.
To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:
A. Your name, address, telephone number, and email address;
B. A description of the copyrighted work that you claim has been infringed;
C. The exact URL or a description of where the alleged infringing material is located;
D. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
F. A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Activision Blizzard, Inc.
3100 Ocean Park Boulevard
Santa Monica, California 90405
Attn: Activision Business and Legal Affairs
Fax: (310) 255-2152
E-Mail: legalaffairs@activision.com
Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
Termination
AB reserves the right, in its sole discretion, to terminate or limit your use of this Website. AB also reserves the right to discontinue operation of this Website at any time for any reason.
DISCLAIMERS
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” AB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AB OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AB BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE WITH AB ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF AB IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify, defend, and hold harmless AB and its affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers, and licensors (each an “Indemnified Party,” and collectively the “Indemnified Parties”) from and against any claims, liability, losses, costs, and expenses (including attorneys’ fees and court costs) incurred by an Indemnified Party in connection with your breach of these Terms of Use or your use of this Website. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any claims, liability, losses, costs, and expenses (including attorneys’ fees and court costs) arising or resulting from that disruption.
AB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with AB’s defense of such claim.
Jurisdiction and Applicable Law
The laws of the State of California govern these Terms of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the County of Los Angeles for any action arising out of or relating to these Terms of Use. This Website has been designed to comply with the laws of the State of California and of the United States. If any material on this Website, or your use of the Website, is contrary to the laws of your place of access, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Entire Agreement and Admissibility
These Terms of Use and any policies or operating rules posted on this Website constitute the entire agreement and understanding between you and AB with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
How to Contact Us
If you have any questions or comments about these Terms of Use or this Website, please contact us.
Activision Blizzard, Inc.
3100 Ocean Park Boulevard
Santa Monica, California 90405
Attn: Activision Business and Legal Affairs
Fax: (310) 255-2152
E-Mail: legalaffairs@activision.com