All provisions of this Agreement, which by their nature should survive, shall survive termination of this Agreement or the Overwatch Account, including, but not limited to, ownership provisions, disclaimers of warranties, limitations of liability, and the arbitration agreement. Game publishers. Some Games contain editing software (“Game Publisher(s)”) that allows you to create custom games, levels, maps, scenarios or other content (“Custom Games”). For purposes of this Agreement and any agreement referred to herein, “Custom Games” include all content created using the Game Publisher, including, but not limited to, any digital files associated with such Custom Games, and (1) all content contained in such files, including, but not limited to, player and non-player characters, Audio and video elements, environments, objects, objects, objects, skins and textures, (2) all titles, trademarks, trade names, character names or other names and phrases associated with or contained in the Custom Game, and (3) any other intellectual property rights contained in the Custom Game, including any content, Game concept, method or idea. A custom game can only be used with the game engine associated with a specific game publisher. The manner in which Custom Games may be used or exploited is set forth in the Custom Games Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference. Blizzard may modify, delete, disable, or delete Custom Games at any time in its sole discretion. The arbitrator shall not grant any remedy beyond or contrary to the terms of this Agreement, order consolidation or arbitration on a class or representative basis, award punitive, consequential or other damages greater than the prevailing party`s actual damages, or order injunctive or declaratory relief, except that the arbitrator shall, on a case-by-case basis, indemnify and determine the provisions of this Agreement. and seek injunctive relief or relief under an applicable consumer. Protection Act. Any judgment on the arbitrator`s decision may be entered in any court of competent jurisdiction. Any arbitration will be confidential, and neither you, Overwatch, nor the arbitrator may disclose the existence, content, or results of an arbitration, except as required by law or for the purpose of enforcing or appealing the award. If any part of this section is found by a court to be unenforceable or invalid, the remainder will nevertheless be in full force and effect.
This is a legal agreement between you (“you” or “User”) and Overwatch that sets forth the essential terms that govern your use of the Services. This Agreement, together with all Overwatch updates, supplements, additional terms, and rules and policies, together constitute this “Agreement” between you and Overwatch. BY ACCESSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE AND TERMS OF USE SET FORTH HEREIN, PLEASE EXIT THIS WEBSITE IMMEDIATELY. By accepting this Agreement, you acknowledge and agree that Overwatch may publish the disclosures and notices required by law, as well as any other information deemed relevant, electronically on any Overwatch platform, by email, or in your Overwatch Account. For contractual purposes, (i) you agree to receive communications from Overwatch in electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications provided to you electronically by Overwatch satisfy all legal requirements that such notices would satisfy if given in writing. The foregoing does not affect your statutory rights. Such notifications will be deemed to have been received 24 hours after they are posted on an Overwatch platform, immediately after they are sent to your Overwatch Account or email notification, and your continued use of the Overwatch App Services. Honorarium. For any fees or deposits for events, products, and services sold on or through the Services, Overwatch or its suppliers or agents will charge your credit card or other payment method offered by Overwatch.
If you provide us or our suppliers with credit card information, account numbers or other information necessary to facilitate payment, you represent to us that you are the authorized user of the credit card used to pay for the products and services. In the event that legal action is necessary to collect the balances owing, you agree to reimburse Overwatch and its suppliers or agents for all costs incurred to collect the amounts owing, including attorneys` fees and other legal fees. You are responsible for purchasing and paying fees for all Internet access services and telecommunications services necessary to use the Services. You understand that we store and store this credit card or payment information to facilitate payment and deposit, reimbursement of damages and for other liability purposes. If an Overwatch Account is determined to have been used for any purpose that is potentially or actually immoral, inappropriate, harmful, destructive, inappropriate, illegal, or criminal, you acknowledge and authorize Overwatch to provide information about you, your Overwatch Account, your use of the Overwatch Apps, Overwatch App services or products, and any other information that Overwatch (in its sole and exclusive discretion) deems. necessary or appropriate. Disclose law enforcement agencies.