1.2 In these terms references to (“we”, “us” or “our”) are references to Activision Blizzard Media Ltd.
1.3 We can make changes to these terms at any time in accordance with paragraph 11 below and your continued use of our Website shall confirm your acceptance of the updated terms. You should check the Website from time to time to review the then current version of these terms.
2. About accessing and using our Website
2.1 You are responsible for the internet connection and/or mobile charges that you may incur for accessing our Website. You should ask your mobile operator if you are unsure what these charges will be, before you access our Website.
2.2 Whilst we try to ensure that the information on our Website is complete and accurate, we do not warrant the accuracy and/or completeness of any information on our Website. We also make no commitment to keep the information on our Website up to date. The material on our Website is provided “as is” without any conditions, warranties or other terms of any kind. Under no circumstances will we be liable in any way for any information on our Website, including, but not limited to, any errors or omissions in any information, or any losses or harm of any kind resulting from the use of any information made available via our Website.
2.3 We have the right to withdraw or modify our Website (in whole or in part) without notice and without liability to you from time to time:
- for technical reasons (such as technical difficulties experienced by us or on the internet);
- to allow us to improve user experience;
- where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Website);
- because it no longer makes business sense for us to provide the relevant part of the Website; or
- because we have altered the services we provide.
2.4 There may also be times when our Website or any part of it is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3. User conduct
3.1 You agree that you will not:
- disguise, anonymise or hide your IP address or the source of any content that you may upload;
- remove or amend any proprietary notices or other ownership information from our Website;
- interfere with or disrupt our Website or servers or networks that provide our Website;
- attempt to decompile, reverse engineer, disassemble or hack our Website, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- 'harvest', 'scrape' or collect any information about or regarding other people that use our Website, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
- use our Website in violation of any applicable law or regulation; or
- use our Website in any other way not permitted by these terms.
4. Your breach of these terms
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
5. Our liability
5.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
5.2 Subject to paragraph 5.1, and to the fullest extent permitted by applicable law, we will not be liable to you for damage or loss of any kind, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising from:
(a) interruptions of service including without limitation ISP disruptions, software or hardware failures;
(b) loss of profits, sales or business;
(c) loss of agreements or contracts;
(d) loss of use or corruption of software computer failure, data or information;
(e) loss of or damage to goodwill; and
(f) any indirect, incidental, special, exemplary, remote, speculative, punitive or consequential loss or damages.
5.3 We will provide our Website with the same skill and care as the providers of other similar websites, but you acknowledge that your only right with respect to any problems or dissatisfaction with our Website is to discontinue your use of our Website and we are not responsible or liable for any interruptions or errors that you may experience while using our Website.
5.4 Except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the Website. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise are, to the fullest extent permitted by law, excluded.
6. Intellectual property
6.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Website are owned by or licensed to us. You will not take any action to jeopardise, limit or interfere with our intellectual property rights.
6.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use our Website (but not any related object and source code), in each case provided that such use is in accordance with these terms. You agree not to use our Website, or any elements thereof, for anything else.
6.3 Whilst you are in compliance with these terms, you are permitted to print and download extracts from the Website for your own use provided that: (i) you do not modify any extract, document or graphic in any way; and (ii) you do not remove or amend any proprietary notices or other ownership information from our Website.
6.4 Other than as set out in paragraph 6.3, you must not copy, distribute, make available to the public or create any derivative work from our Website or any part of our Website unless we have first agreed to this in writing (including by express statement via the Website).
6.5 In particular, and without limiting the application of paragraph 6.4, you must not make available any technological measures designed to control access to, or elements of, our Website.
7.1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Website is Activision Blizzard Media Ltd.
9. Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
10. Entire agreement
These terms set out the entire agreement between you and us concerning our Website (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us with respect to the Website. If you also access or play our games, for example, by using those versions of our games that are made available by King, Activision and Blizzard then different terms apply to you in respect of your use of such games and/or website(s).
11. Changes to these terms
We reserve the right to update these terms from time to time by posting the updated version. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Website.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
13. Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
14. Complaints and dispute resolution
14.1 In the unlikely event that you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of England.
14.2 If there is a dispute between us regarding these terms, then that dispute will be subject to the jurisdiction of the courts of England.