Last Revised June 7, 2012
YOU SHOULD CAREFULLY READ THE FOLLOWING DOCUMENT.
If you have purchased a license to use Blizzard’s Diablo III Interactive Game (“Diablo”) and you reside in North America, then any license to use the virtual goods (“Loot”) you purchase and sell through the Auction House is provided to you by Blizzard Entertainment, Inc., who will be your contracting party hereunder.
However, if you have purchased a license to use Diablo and you reside in a country located in Central or South America, Australia, New Zealand, or Asia (excluding Brazil, Russia, the People’s Republic of China, Taiwan and Korea), then any license to use Loot you purchase and sell through the Auction House is provided to you by Blizzard Entertainment International, a division of Coöperatie Activision Blizzard International U.A., who will be your contracting party hereunder.
Note that if you have purchased a digital copy of Diablo III via digital download, the Auction House may not be available to you for up to three (3) days after you download and install Diablo III on your computer.
THE AUCTION HOUSE.
- The Auction House gives you the opportunity to buy and sell licenses to use Loot.
- Blizzard reserves the right to change, modify, suspend, terminate and/or otherwise discontinue Diablo and the Auction House (including, without limitation, any aspect, feature or functionality of the Auction House), and Blizzard shall have the right to enforce this Auction House TOU in its sole and absolute discretion.
AUCTION HOUSE CURRENCIES.
- Depending on your country of residence, Blizzard may allow you to buy and sell licenses to use Loot on several different Auction Houses.
- Each Auction House available to residents of your country of residence may have its own unique currency. Any payment made to a seller of a license on an Auction House shall be made in the currency used on the Auction House for the sale. For example, if you elect to buy and sell licenses to use Loot on the US Dollar Auction House, if you are bidding, you will only be allowed to bid with US Dollars, and if you are the winning bidder you must pay in US Dollars. The seller of the license will be paid in US Dollars.
- You must be able to pay for the license to use Loot you win. If you are paying for the license to use Loot using a credit card or other means, in a currency other than the Auction House’s currency, your credit card provider or other payment provider may additionally charge you a currency exchange fee or other fees.
ELEGIBILITY. To use an Auction House, you must:
- Be an adult in your country of residence;
- Have registered an account on the Battle.net service (“Account”), that is in good standing with a Diablo III license attached; and
- Should you wish to use the Battle.net Balance associated with your Account (“Battle.net Balance”) to purchase Loot, or receive the proceeds of a sale of Loot into your Battle.net Balance, you must have added an authenticator to your Account. You can download the Battle.net Authenticator for mobile devices at https://us.battle.net/account/support/mobile-auth-download.html, or you can purchase a Battle.net Authenticator at http://us.blizzard.com/store/browse.xml?f=c:6.
- In order to list Loot for sale on an Auction House, you will need to tell us whether you want the proceeds of any sale to go to your Battle.net Balance, PayPal account, or other authorized payment provider, should that be an option to you on the Auction House where you are listing the Loot for sale.
- You also have the option to set the amount of the starting price, a “Purchase Now Price” up to the maximum allowed by Blizzard.
- If you are listing the Loot on the Argentinian Peso or Chilean Peso Auction Houses, the proceeds of any sale can only be sent to the Battle.net Balance associated with your Account. If your Battle.net Balance is greater than the maximum load-in balance that has been determined by Blizzard, you cannot receive proceeds from a sale in your Battle.net Balance. You may review the maximum load-in balance here http://us.battle.net/support/en/article/783.
- There is a maximum price that Loot can sell for on each Auction House, which is listed here http://us.battle.net/support/en/article/5000050.
- The number of auctions that you may have on each of the Auction House at any one time is limited, and is listed here http://us.battle.net/support/en/article/4800048.
- Once you list Loot on an Auction House for Sale, you can cancel the Auction during the first phase of the Auction, referred to herein as the “Pre-Listing Period”. If you cancel the Auction during the pre-listing period, the Loot will be returned to the Auction House Completed Tab. You may view more information on the duration of the pre-listing period here http://us.battle.net/support/en/article/5000050.
- Loot that is listed on an Auction House cannot be used while the auction is pending.
- If the auction expires without a winning bid, the Loot will be returned to the items available for auction in the Diablo III Game client.
BIDDING ON LOOT.
- To bid on Loot, you will need to:
- (i) bid at least as much as the starting bid, or, if someone has already bid on the Loot, you need to bid at least 5% more than the current bid; and
- (ii) tell us how you are going to pay for the license to use the Loot (Battle.net Balance, PayPal, credit card, or other authorized payment method).
- (iii) When you use a credit card to bid on an item, Blizzard may request verification from the bank that issued your credit card for the amount of your bid. Nonetheless, your credit card will only be charged if your bid is the winning bid.
- If the seller of the Loot has set a “Purchase Now,” price, you can win the auction by clicking the “Purchase Now,” button and selecting a payment method with sufficient available funds to pay for the purchase of the Loot.
- Once you bid on Loot, your bid is good until you win the auction or someone else outbids you. If someone outbids you, then your bid is cancelled, unless you set your auction settings to automatically increase your bid if you are outbid, up to a maximum bid that you determine. If your bid is cancelled, you will need to place a new bid before the auction for the Loot has ended if you are still interested in the Loot.
- Note that you cannot bid on your own Loot.
- You cannot cancel or rescind your bid. Blizzard may reject, refuse, or cancel any bid in its sole discretion.
WINNING AN AUCTION.
- Your bid will be the “Winning Bid” for an auction, if
Once Blizzard notifies someone that he or she won an auction, Blizzard will purchase the license to use the Loot from the seller and then sell a license to use the Loot to the winner of the auction. Additionally, Blizzard may, in its sole discretion, sell the Loot to the winner of the auction, regardless of whether the auction is completed or not.
If your bid is the winning bid, Blizzard shall use the payment method you specified when you placed the Winning Bid to pay for the Loot. If you chose to pay for the Loot using PayPal, Blizzard will send an SMS message to your phone with a code that you will need to enter into the Auction House’s user interface to authorize the transfer of funds to pay for the Loot you are purchasing. Once the code is entered and sent, Blizzard will complete the transfer of funds from your PayPal account in order to finalize the purchase of the license to use the Loot.
If you don’t pay for the Loot that you won within (5) days from when Blizzard notifies you that your bid was the Winning Bid, Blizzard may in its sole discretion terminate:
- (i) you bid the “Purchase Now Price”; or
- (ii) your bid for the Loot is the highest bid when the auction expires.
Once an auction has been completed and verified by Blizzard, Blizzard will:
- (i) your privilege to buy the Loot you just won (but didn’t pay for);
- (ii) your privilege to buy and sell Loot through any Auction House; and/or
- (iii) any of the other privileges that Blizzard has provided to you in connection with the Auction House.
Within five (5) days after an auction has been completed and verified by Blizzard, Blizzard will pay the amount of the “Winning Bid” for an auction, less the Transaction Fee (as defined in Section 7A below) and, if applicable, less the Transfer Fee (as defined in Section 7B below), into the account the seller requested when the seller listed the Loot for auction. If you chose to have the proceeds from the Auction sent to your PayPal account, Blizzard will send an email message informing you of the transfer of funds to your PayPal account, and an SMS message informing you of the funds transferred to your PayPal account. Subject to the maximum Battle.net Balance requirement, proceeds from auctions held on the Chilean Peso and Argentinian Peso Auction Houses will have the amount of the Winning Bid, less the Transaction Fee, credited to the seller’s Battle.net Balance.
There is a maximum amount of Battle.net Balance across all currencies that may be held in Battle.net Balance at any time, which is equivalent to $600.00 USD. If the payment of the amount of the Winning Bid, less the Transaction Fee, into your Battle.net Balance would make it higher than the maximum Battle.net Balance, you must either designate your existing PayPal account to receive such funds, or create a PayPal account to receive the funds.
- (i) transfer the license to use the Loot from the seller to Blizzard and then to you; or
- (ii) terminate the seller’s license to use the Loot and issue you a new license to use the Loot.
AUCTION HOUSE FEES.
Transaction Fee. Where the auction is successful and your Loot is sold and the auction is completed and verified by Blizzard, a Transaction Fee (the “Transaction Fee”) will be imposed; the Transaction Fee will be deducted by Blizzard from the amount of the seller’s proceeds. To calculate the amount of the applicable Transaction Fee, please visit http://us.battle.net/support/en/article/4800048.
Transfer Fee. If you, as the seller, decide to receive the proceeds of a sale anywhere besides your Battle.net Balance, you will be charged an additional fee (the “Transfer Fee”). To calculate the amount of the applicable Transfer Fee, please visit http://us.battle.net/support/en/article/4800048.
Other Fees. Your payment method provider may also impose additional fees.
ACCEPTED PAYMENT METHODS. You may view the payment methods authorized for use on the Auction Houses here http://us.battle.net/support/en/article/5000050.
TERMS OF SALE. All Auction House sales are final, and no refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law. Please visit Blizzard’s Terms of Sale for additional terms and conditions applicable to the purchase of any Loot listed on the Auction Houses.
TAXES. You are responsible for taxes incurred when you use the Auction Houses. All auctions are deemed to occur in the United States of America and are subject to all applicable state and federal tax laws and regulations. Proceeds from auction sales may be considered income for tax purposes. You should consult with a tax specialist to determine your tax liability for these transactions.
RESTRICTIONS AND CONDITIONS OF USE.
- You agree:
You will not:
- (i) to use the Auction Houses only for your own individual purposes;
- (ii) to access the Auction Houses only with an authorized, unmodified version of Diablo; and
- (iii) to accept the risk that you may lose some or all of the value that you exchange as part of your use of the Auction Houses.
- (i) obtain or attempt to obtain any information from the Auction Houses or Diablo using any method not expressly permitted by Blizzard;
- (ii) intercept, examine or otherwise observe any proprietary communications or protocols used by Diablo or the Auction Houses, including, without limitation, through the use of a network analyzer, packet sniffer or other type of software or hardware device;
- (iii) use the Auction Houses as an investment vehicle;
- (iv) use any third-party software to collect information from or through Diablo or the Auction Houses;
- (v) use cheats, automation software (bots), mods, hacks, or any other unauthorized third-party software designed to modify or automate any Auction House process;
- (vi) violate any applicable law or regulation in connection with your use of Diablo or the Auction Houses; or
- (vii) connect to or use the Auction Houses in any way not expressly permitted by this Auction House TOU.
SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE AUCTION HOUSE.
- IF YOU HAVE ATTACHED A DIABLO III LICENSE TO YOUR ACCOUNT, AND YOU DO NOT MAINTAIN THE CONFIDENTIALITY OF YOUR ACCOUNT LOG-IN INFORMATION AS DETERMINED BY BLIZZARD IN ITS SOLE DISCRETION, BLIZZARD MAY REQUIRE THAT YOU ATTACH A BATTLE.NET AUTHENTICATOR TO YOUR ACCOUNT BEFORE YOU WILL BE ALLOWED ACCESS TO THE AUCTION HOUSE.
- BLIZZARD MAY SUSPEND, CANCEL OR TERMINATE, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON, YOUR ACCESS TO ANY AUCTION HOUSE, INCLUDING, WITHOUT LIMITATION, IF YOU:
IN THE EVENT THAT BLIZZARD SELLS A LICENSE TO USE LOOT TO YOU AS THE WINNER OF AN AUCTION, AND YOUR PAYMENT CANNOT BE CHARGED TO YOUR CREDIT CARD, OR YOUR PAYMENT IS RETURNED TO BLIZZARD ENTERTAINMENT FOR ANY REASON, BLIZZARD MAY SUSPEND, CANCEL OR TERMINATE YOUR ACCESS TO ANY AUCTION HOUSE, AND/OR DISABLE OR DELETE THE ACCOUNT.
- (i) BID ON ANY LOOT THAT YOU LISTED ON AN AUCTION HOUSE;
- (ii) FAIL TO PAY FOR LOOT FOR WHICH YOU WERE THE WINNING BIDDER;
- (iv) EXPLOIT DIABLO’S DESIGN IN ANY WAY, INCLUDING, BUT NOT LIMITED TO, ERRORS IN DIABLO’S DESIGN, FEATURES THAT HAVE NOT BEEN DOCUMENTED, ERRORS IN ANY AUCTION HOUSE, OR PROGRAM BUGS; OR
- (v) VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, REGULATION, ORDINANCE, OR TREATY, INCLUDING, BUT NOT LIMITED TO, THE COMMISSION OF ANY ACT OF FRAUD, MISREPRESENTATION, MONEY LAUNDERING, OR ILLEGAL GAMBLING.
SUSPENSION OR TERMINATION OF THE AUCTION HOUSE. At any time, Blizzard may suspend, cancel, or terminate any Auction House for any reason with or without notice to you.
OWNERSHIP OF LOOT. YOU AGREE THAT:
- Blizzard owns or has the right to use all of the Loot, as well as all of the characters and content that appears in Diablo.
- You do not own any of the Loot, characters, or other content that appears in Diablo, and that you have no right or title in or to any of the Loot (other than any license to use any Loot granted to you by Blizzard, which may be revoked by Blizzard at any time), Diablo, or your Account.
- You are not allowed to sell, trade or somehow transfer Loot, characters, or any other Diablo content outside of Diablo or the Auction House.
WARRANTIES, LIABILITY AND INDEMNIFICATION.
- TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAWS AND REGULATIONS, YOU AGREE THAT THE AUCTION HOUSES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BLIZZARD EXPRESSLY DISCLAIMS ANY WARRANTY:
IN NO CASE SHALL BLIZZARD OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY LOSS OF DATA OR YOUR USE OF OR YOUR INABILITY TO USE ANY AUCTION HOUSE, ANY BLIZZARD GAME, OR ANY BLIZZARD GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF BLIZZARD EXCEED THE AMOUNT THAT YOU PAID TO BLIZZARD DURING THE MONTH PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the liability of Blizzard and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Blizzard, its affiliates, and its and their respective officers, directors, employees, agents, shareholders, assigns, heirs, successors, and legal representatives from any and all claims, demands, damages, costs, liabilities, lawsuits, judgments, actions, penalties, fines, and losses, including, without limitation, reasonable attorneys’ fees, unless the recoupment of attorney’s fees are precluded by local law, which is asserted by any third party resulting from or arising out of your use of any Auction House, any Blizzard game, or any Blizzard game client or any breach by you of this Auction House TOU.
- (i) THAT YOU WILL BE ABLE TO ACCESS OR USE ANY AUCTION HOUSE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING;
- (ii) THAT ANY AUCTION HOUSE WILL BE UNINTERRUPTED OR ERROR-FREE;
- (iii) THAT DEFECTS AFFECTING ANY AUCTION HOUSE WILL BE CORRECTED;
- (iv) THAT ANY AUCTION HOUSE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
- (v) THAT BLIZZARD WILL MAINTAIN OR CONTINUE ANY AUCTION HOUSE OR ANY ASPECT, FEATURE OR FUNCTIONALITY OF ANY AUCTION HOUSE.
- If you are a resident of a country located in North America, you and Blizzard each agree that all disputes between you and Blizzard that arise out of, or relate to, these Auction House TOU, will be resolved in accordance with the Blizzard Entertainment Dispute Resolution Policy, that is available for your review here http://us.blizzard.com/en-us/company/legal/dispute-resolution-policy.html. Should any portion of the Blizzard Entertainment Dispute Resolution Policy be found illegal or unenforceable, you agree that such portion shall be severed and the remainder of the Blizzard Entertainment Dispute Resolution Policy shall be given full force and effect.
- If You reside in a country located in Central or South America, Australia, New Zealand, or Asia (excluding Brazil, Russia, the People’s Republic of China, Taiwan and Korea), then the following dispute resolution process shall apply:
If You chose to access the Auction Houses from locations outside of North, South and Central America, Australia, New Zealand, or Asia (excluding Brazil, Russia, the People’s Republic of China, Taiwan and Korea), You acknowledge that You do so on your own initiative, and are responsible for compliance with local law if and to the extent local law is applicable. In the event that any provision of this Auction House TOU shall be held by a court or other tribunal of competent jurisdiction to be unenforceable and/or invalid, the remaining portions of these Auction House TOU shall remain in full force and effect.
- (i) In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to these Auction House TOU ("Dispute"), you and Blizzard agree to first attempt to negotiate a Dispute informally for at least thirty (30) days before initiating any formal legal proceeding. Negotiations will begin upon written notice by either you or Blizzard. Blizzard will send its notice to the email address associated with your Account. You will send your notice to Blizzard Entertainment International, c/o at Blizzard Entertainment, 16215 Alton Parkway, Irvine, CA 92618, Attn: Legal Department.
- (ii) To the extent permitted by local law, in the event that a Dispute cannot be resolved informally, this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, the United States of America, before a court with competent jurisdiction.
- (i) Except as expressly provided otherwise, this Auction House TOU shall be governed by and 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.
- (ii) The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
- (iii) 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 Auction House 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.
- (iv) For our customers who access any Auction House from outside of the United States, other laws may apply if you choose not to agree to arbitrate as set forth in the Dispute Resolution Policy. In such event, this Auction House TOU shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
- (v) Those who choose to access any Auction House from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
- (i) To the extent permitted by law, Blizzard may amend, at any time and from time to time, this Auction House TOU by posting a version of this TOU, or a “New TOU,” to the Battle.net Service. This TOU will terminate immediately upon the introduction of a New TOU, and you will be given an opportunity to review and accept the New TOU. If you accept the New TOU, and if the Account registered to you remains in good standing, you will be able to continue using the Account subject to the terms of the New TOU. If you decline to accept the New TOU, or if you cannot comply with the terms of the New TOU for any reason, you will no longer be permitted to use the Auction Houses.
- (ii) Unless otherwise indicated by Blizzard, any amendments will apply to your use of any Auction House on and after the effective date of such amendments.
- (iii) Your use of any Auction House after the effective date of any amendment will confirm that you agree to the amendment.
- (iv) If you do not agree to any amendment, any term of this Auction House TOU, or any other applicable Blizzard policy, you must stop using the Auction Houses.
- (i) Blizzard may assign this Auction House TOU, in whole or in part, to any person or entity at any time with or without your consent.
- (ii) You may not assign this Auction House TOU without Blizzard’s prior written consent, and any unauthorized assignment by you shall be null and void.
Export Controls. The files, programs, and any and all computer code contained in or utilized by the Auction Houses may not be re-exported, downloaded or otherwise exported into any country against which the U.S. Government maintains comprehensive economic sanctions or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entity List. Additionally, Blizzard is also restricted from providing services that may be available through the Auction Houses to all such countries and/or individuals. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Severability. If any part of this Auction House TOU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Auction House TOU shall be given full force and effect.
Attorney‘s Fees. Unless precluded by local law or regulations, You agree that in the event any litigation is brought by either party in connection with this Auction House TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees, and other expenses incurred by such prevailing party in such litigation.
No Waiver. Our failure to enforce any provision of this Auction House TOU shall in no way be construed to be a present or future waiver of such provision, or shall in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition, or requirement of this Auction House TOU shall not constitute a waiver of your obligation to comply with such provision, condition, or requirement in the future.
- (i) All notices given by you under this Auction House TOU to Blizzard Entertainment, Inc., shall be in writing and addressed to: Blizzard Entertainment, Inc., 16215 Alton Parkway, Irvine, CA 92618, Attn: Legal Department.
- (ii) All notices given by you under this Auction House TOU to Blizzard Entertainment International, shall be in writing and addressed to: Blizzard Entertainment International, c/o Blizzard Entertainment, Inc., 16215 Alton Parkway, Irvine, CA 92618, Attn: Legal Department.
Equitable Remedies. You hereby agree that Blizzard would be irreparably damaged if the terms of this Auction House TOU were not specifically enforced, and therefore you agree that Blizzard is entitled, without bond, other security, or proof of damages, to appropriate equitable remedies if you violate this Auction House TOU, in addition to such other remedies Blizzard may otherwise have available to it under applicable laws.
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, 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.
Entire Agreement. This Auction House TOU, and the documents incorporated herein, constitute the entire agreement between you and Blizzard with respect to your use of any Auction House and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Blizzard with respect to your use of any Auction House.