Terms of Sales updated Nov 12th

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PREAMBLE

As raised by a few people on the Forums and Reddit Blizzard updated their Terms of Sale agreement. These terms you agree to when you purchase specifically digital content and services and apply for a certain period after the sale.

QUICK 411

To save people time I’m gonna put the TL;DR at the top of this thread so peeps can read just this bit and not have to deal with my extended ramblings.

What’s changed - gear store verbiage taken out , new refund policy point in , disputes resolution policy added (which is part of the EULA anyway) , some wording and formatting changes

DETAILED CHANGES BELOW I GUESS

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MAJOR CHANGES

  • Blizzard Gear store is no longer covered by the Terms of Sale as it has it’s own terms of sale now.

  • (New) Refund policy has also been put in , formalizing certain things CS has been able to do for some time

  • Digital goods and services purchases are now also covered by the EULA as well as the terms of service.

  • Formatting changes , slight rewording and slight alterations

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ADDED

  • New refund policy
  • Dispute resolution policy linking to the existing DR policy that’s been around since '15
  • Digital goods or services purchased from Blizzard are governed by the Blizzard EULA
  • In paragraph relating to Digital Content/Services orders - " Blizzard is not liable to you, nor will be in breach of contract, for any loss or damage as a direct or indirect result of Blizzard’s failure or delayed performance or impossibility to perform by circumstances beyond Blizzard’s reasonable control" (note this was part of the Force Majeure section previously)
  • “Global pandemic” added to list of things beyond Blizzard’s reasonable control added to Force Majeure section
  • “Paypal wallet” added to list of payment methods. Already paypal as a payment method AFAIK so it’s captain obvious the legal intern striking again!
  • Within Payment methods section it’s your obligation to pay any duties or levies as well as state taxes (another captain obvious bit)

TAKEN OUT

  • Anything to do with physical goods and the Blizzard gear store. Gear store has it’s own set of terms
  • Paragraph about all sales being final
  • Specific examples of things that may account for increases in cost removed from paragraph on Pricing
  • Governing law section yeeted into orbit. This section is already covered in the Blizzard EULA so like Gilderoy Lockhart it’s taking up space and looking FABULOUS.
  • Place of Jurisdiction paragraph removed , possibly as it’s covered by the EULA or ya know common sense as Blizzard operates in California so is probably liable to Californian law right ?
  • Unnecessary “You agree that” removed from “You agree that you are submitting a binding offer to purchase” removed from bit about placing an order on the battle.net shop.
  • “From time to time” removed from section on Blizzard updating or modifying Terms of Sale as well as bit about adding the date the terms of sale was updated at the top. More removal of flowery airy fairy lawyer talk I suppose

CHANGED

  • Misc wording changes
  • Limitation of liability clauses simplified.
  • “Blizzard reserves the right” → “Blizzard may notify you of any mistakes” in product descriptions or errors in pricing prior to product dispatch
  • Indemnification clauses has had wording changes. Appears to be the same as the old one , just worded slightly differently. Covered by the EULA anyway
  • “You indemnify Blizzard changed” to “Blizzard may seek indemnification” within Indemnification section
  • Purchase terms - Pricing “Blizzard reserves the right to notify you of any mistakes…” → “Blizzard may notify you of any mistakes”
  • Force Majeure section “Blizzard shall not be liable” changed to “Blizzard is not liable”
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As a whole the Terms of Sale remains pretty much unchanged.

Sure there’s been some formatting changes , things have been taken out and put in. Some of it is covered by the EULA already. The new refund policy while new is something CS have been doing for years (as I’ve been informed)

What I’m unclear of is how long Sales Agreements are valid for. Do they only apply a certain time after the purchase or are they forever. I am still bound to this if my purchase was say 2 years ago or 10 years ago.

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Thank you! When I saw the posts popping up about changes, I had hoped you would be popping up with your very helpful run-downs. It is appreciated!

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Just want to clarify about the whole needing to agree to the EULA at the same time as agreeing to the Terms of Sale thing.

This should be obvious once you think about it but may not be at first glance.

Let’s see if I can break it down for you guys

  • The EULA covers your use of the platform
  • The platform covers all games run on the battle.net platform , as well as all websites
  • The terms of sale covers buying digital content , games and services directly from Blizzard.
  • If your buying directly from Blizzard there isn’t any way to do that without using something that’s defined to be part of the platform
  • So hence the EULA would apply as well as the terms of sale

Or another analogy.

Let’s say getting a transmog was done via a vending machine inside a Blizzard brick and mortar store. In order to be in store you need to agree to a EULA. So in order to be at the vending machine in store you would of needed to agree to the EULA first before being granted access to the store

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