HIGHLIGHTS
- Has a paragraph at the start making the disputes resolution and Arbitration process clearer and what it means for you. Particularly in terms of it being settled out of court.
- “You must be a legal adult” moved to start of the EULA. Stipulates you must “be of legal age of majority in your country”. If not of legal age you need a parent or guardian to sign
- Added to a section on the Code of Conduct -
" “Please note that violation of any of Blizzard’s Codes of Conduct (including with regard to Your use of Blizzard’s Websites and Forums) may result in penalties against your Battle.net Account, including suspension and/or termination of Game licenses.”
- Under License Limitation disallowing cheats the definition of Cheat has had ““whether accomplished using hardware, software, a combination thereof, or otherwise” added to it
DISPUTES RESOLUTION PROCESS
This section has had quite a few changes to it , detailed below
- Added in Informal Negotiation Period
"“Notice must be provided within two (2) years of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims”
- Postal address for General Counsel changed to 1 Blizzard Way , Irvine
- Removed from Binding Arbitration section
“This arbitration provision limits your and Blizzard’s ability to litigate claims in court and you and Blizzard each agree to waive your respective rights to a jury trial”
- Removed from Binding Arbitration section a bit about turning up in person
- Added bits about being able to video conference or audio conference in during dispute resolution or arbitration process
- Removed from Binding Arbitration section
" “THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. However, the arbitrator shall shift such fees and costs to ensure that you do not pay significant forum fees. In addition, you shall not be required to pay any type of fee or cost in arbitration that you would not have had to pay had you been free to file your claim in court. The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.”
- Added to Binding Arbitration section
“You and Blizzard agree that if a Dispute involves less than $10,000 at issue, the arbitrator may resolve the Dispute on the parties’ written submissions alone, without a hearing, unless the arbitrator believes a hearing is required. For matters where the arbitrator believes a hearing is required, or for Disputes involving more than $10,000 but less than $25,000, hearings will be conducted by teleconference or videoconference, unless the arbitrator believes an in-person hearing is necessary. In such instances, or for Disputes involving more than $25,000, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. 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. If either party unsuccessfully challenges the validity of an award, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge”
- Added to Exceptions to Negotiations and Arbitration
[You and Blizzard agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration] (added to provide context)
“enforcement actions pursued through a governmental agency if permitted by applicable law”
“Blizzard’s right to seek injunctive relief to preserve the status quo pending or during an arbitration”
“Claims excluded from arbitration under this section are subject to the choice of law, forum selection, and jury waiver clauses set forth in this Agreement”
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