This website (the “Website”) is intended for use by visitors who wish to view videos of Blizzcon 2011 (the “Event”) or related materials provided by Blizzard Entertainment, Inc. (“Blizzard”), and DIRECTV, Inc. and other third party content providers (collectively, the “Content Providers”). We refer to the Event, together with such related materials, as “Content.” By accessing or using the Website, including downloading materials, software or Content available on the Website, you agree to and are bound by the terms and conditions set forth in this document and any changes thereto that Blizzard may publish from time to time. By accessing or using the Website, or any materials, software or Content available herein, you further agree to and are bound by the Blizzard Entertainment® Online Privacy Policy(the “Privacy Policy”) and other legal policies, including the Battle.net Terms of Use for users who have Battle.net accounts (which policies are available at http://us.blizzard.com/en-us/company/legal/). This document, together with the Privacy Policy and all such other legal policies are collectively referred to as the “Terms of Use.” If you breach any of the Terms of Use, your authorization to access or use the Website and any materials, software or Content offered herein, automatically terminates.
Blizzard reserves the right to update and change the Terms of Use from time to time at its sole discretion. You are responsible for reviewing the Terms of Use periodically for any modifications. Your continued access or use of the Website, or any materials, software or content made available via the Website, constitutes your acceptance of the Terms of Use, as modified by such changes.
Viewers of the Event on the Website will need to use the Flash video player software that is available through the Website.
In order to view the Event on the Website, you will be required to register a Battle.net account and provide your name, address, e-mail address, and country of residence, as well as payment information if applicable, such as credit card information and billing address for your Event viewing. By viewing the Event on the Website, you represent and warrant that you are at least 18 years and of legal age to form a binding contract, and agree to provide accurate and complete information as prompted. When you elect to pay to view the Event, you agree to Blizzard’s collection of the viewing charges associated with the Event, through your payment method as accurately submitted by you to Blizzard.
You agree to (a) keep your Battle net password confidential and to only log in with your User I.D. and password, (b) ensure that you exit from your account at the end of each session, and (c) immediately notify Blizzard of any unauthorized use of your User I.D. and/or password. You agree not to provide your User I.D. and password to others. You are fully responsible for all activities that occur under your User I.D. Blizzard will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge that the availability of the Content (including the Event) is dependent upon external factors such as Internet service providers and Internet network availability and Blizzard and the Content Providers cannot guarantee 100% availability of any of the Content. In addition to the disclaimers set forth in the Terms of Use, neither Blizzard nor the Content Providers shall be liable to you for any damages arising from unavailability of the Content (including the Event), including without limitation damages in connection with your loss of or your inability to use your User I.D.
Your use of and browsing in the Website are at your own risk. Neither Blizzard, the Content Providers, nor any other party involved in creating or providing anything on the Website, is liable for any direct, indirect, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Website. Without limiting the foregoing, everything on the Website is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Blizzard and the Content Providers also assume no responsibility, and shall not be liable for, any damages to, or bugs, viruses, trojan horses or the like that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any Content, software, or other materials from the Website.
Blizzard and the Content Providers do not and cannot control the flow of data via the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt your connection to the Internet and the performance of the Website. Blizzard cannot guarantee that such events will not occur. Accordingly, Blizzard and the Content Providers disclaim any and all liability resulting from or relating to such events. By using the Website, you acknowledge and agree that Blizzard and the Content Providers are not responsible for (i) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website or your account, (ii) interference with or interruption of the communications, procedures or performance of the Website, or (iii) any unauthorized use of your credit card or other method of payment by a third party in connection with the Website.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT, SOFTWARE OR OTHER MATERIALS MADE AVAILABLE THROUGH THE WEBSITE IS TO STOP USING SAME. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF BLIZZARD AND THE CONTENT PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY), SHALL BE THE TOTAL AMOUNT PAID TO BLIZZARD BY YOU, IF ANY, SPECIFICALLY TO ACCESS ANY SOFTWARE, FEATURE OR CONTENT THAT IS THE SUBJECT OF A CLAIM.
Unless otherwise noted, you should assume that all Content, text, graphics, trademarks, logos, software and other materials made available through the Website is protected by copyright, trademark and other applicable intellectual property laws and may not be used except as permitted in the Terms of Use. Your use of the Website constitutes acknowledgment and agreement that the Website and Content, software and other materials made available through the Website (i) constitute copyrighted material proprietary to Blizzard, the Content Providers, or other third parties, and (ii) contain copyrighted material, trademarks, names, service marks, patents and other intellectual property rights owned by Blizzard, the Content Providers or other parties and are protected by applicable laws. You may use and download Content, software and other materials made available on or through the Website for your personal, non-commercial use only, provided you keep all copyright and other proprietary notices intact. You may not, however, copy, reproduce, distribute, transmit, publish, post, or otherwise reuse any Content, software or other material made available on or though the Website on any other web site or other medium or for public or commercial purposes without our express prior written permission or that of the Content Providers. Nothing contained on or in the Website should be construed as granting you any license or right to use any Content, software or other materials other than as stated in the Terms of Use.
Your violation of this or any other Section of the Terms of Use may result, at Blizzard’s sole discretion, in the immediate termination of your access to the Website and the Content. Such termination shall not entitle you to a refund of any payment you may have made to view the Event on the Website.
