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in order to assist blizzard entertainment to police users who may use `` hacks , '' or `` cheats '' to gain an advantage over other players , you acknowledge that blizzard entertainment shall have the right to obtain certain information from your computer and its component parts , including your computer 's random access memory , video card , central processing unit , and storage devices .
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this information will only be used for the purpose of identifying `` cheaters , '' and for no other reason .
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blizzard entertainment does not warrant that world of warcraft will be uninterrupted or error-free , or that world of warcraft or the service are free of viruses or other harmful components .
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blizzard entertainment expressly notifies you that it is not possible to develop complex software products that are completely free of technical defects .
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the contractually-specified characteristics of the software and the service to be provided by blizzard entertainment does not require that the software be completely free of programming errors but merely that the software be free of programming errors that materially impair its use .
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the use of any `` user interface '' other than the user interface that is included in the world of warcraft software -lrb- `` third party user interface '' -rrb- is not recommended by blizzard entertainment , and you hereby agree to indemnify and hold harmless blizzard entertainment from all claims , damages , and other losses which may arise from your use of a third party user interface .
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at such time that blizzard elects to post a list of approved third-party user interfaces on its website , you agree that you will use only those third-party user interfaces approved by blizzard , and that you will use no other third-party user interfaces in connection with world of warcraft .
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you may not be able to access world of warcraft whenever you want , and there may be extended periods of time where you can not access world of warcraft .
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blizzard entertainment shall not be held liable for any delay or failure to perform under any circumstances resulting from causes outside the reasonable control of blizzard entertainment ; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond blizzard entertainment 's control such as acts of god , war , terrorism , riots , embargoes , acts of civil or military authorities , fire , floods , accidents , strikes , or shortages of transportation facilities , fuel , energy , labor or materials .
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world of warcraft requires the creation and retention of electronic files , including without limitation player characters , accounts , statistics , user profiles , weapons , armor , quests , loot , etc. -lrb- `` game data '' -rrb- , which are stored by blizzard entertainment -lrb- for the avoidance of doubt , data concerning the players ' use of the voice client is not stored -rrb- .
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keeping game data safe is a priority of blizzard entertainment .
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blizzard entertainment will use reasonable efforts to restore the game data , unless you negligently or intentionally caused the loss of the game data .
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if and as far as necessary to operate the service in accordance with the terms contained herein , in particular to keep a balanced and enjoyable gaming experience for all players blizzard entertainment reserves the right to modify or delete game data .
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blizzard entertainment is liable in accordance with statutory law -lrb- i -rrb- in case of intentional breach , -lrb- ii -rrb- in case of gross negligence , -lrb- iii -rrb- for damages arising as result of any injury to life , limb or health or -lrb- iv -rrb- under any applicable product liability act .
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gross negligence refers to an action or omission of significant carelessness , demonstrating a clear disregard of one 's basic duties .
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without limiting the liability under article xvii .1 .
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above , blizzard entertainment is only liable for slight negligence in case of a breach of a material contractual obligation .
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material contractual obligation means any obligation -lrb- i -rrb- which is necessary for the fulfillment of the agreement , -lrb- ii -rrb- the breach of which would jeopardize the purpose of the agreement and -lrb- iii -rrb- the compliance with which you may generally trust in .
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in such cases , the liability will be limited to the typical and foreseeable damages .
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slight negligence means any negligence which is not gross negligence .
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this agreement shall be governed by and construed in accordance with the laws applicable in your country of residence .
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those who choose to access world of warcraft through the service from other locations do so on their own initiative and are responsible for compliance with local laws , if and to the extent local laws are applicable .
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world of warcraft , the service and all related software is further subject to applicable export controls .
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the software utilized by world of warcraft and/or the service may not be downloaded or otherwise exported or re-exported into -lrb- or to a national or resident of -rrb- cuba , iraq , libya , north korea , iran , syria or any other country to which the u.s. has embargoed goods ; or to anyone on the u.s. treasury department 's list of specially designated nationals or the u.s. commerce department 's table of deny orders .
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by using the service , you represent and warrant that you are not located in , under the control of , or a national or resident of any such country or on any such list .
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if any provision of this agreement shall be unlawful , void , or for any reason unenforceable , then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions .
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these terms of use are the complete and exclusive statement of the agreement between you and blizzard entertainment concerning the service , and this agreement supersedes any prior or contemporaneous agreement , either oral or written , and any other communications with regard thereto between you and blizzard entertainment ; provided , however that this agreement is in addition to , and does not replace or supplant , the eula , or the bnet tou .
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in the event that there is conflict between the terms of these terms of use and the bnet tou , the terms contained in these terms of use shall govern and control .
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this agreement may only be modified as set forth in section xii .
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also , note that in the event that blizzard entertainment is contacted by governmental authorities and/or parties seeking information or legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of world of warcraft , blizzard entertainment will cooperate fully with all governmental authorities ensuring an adequate level of protection as required under article 25 of european directive 95/46/ec , and any lawful orders of the court with regard to the release of information that relates to you and your use of world of warcraft , including but not limited to user internet protocol -lrb- ip -rrb- addresses , associated personal information and all other user information on file .
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the section headings used herein are for reference only and shall not be read to have any legal effect .
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i hereby agree that my use of the world of warcraft service is an acknowledgment of my agreement to be bound by the terms and conditions of this agreement .
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© 2012 blizzard entertainment , inc. .
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world of warcraft , warcraft and blizzard entertainment are trademarks or registered trademarks , of blizzard entertainment , inc. , in the u.s. and/or other countries .
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1.1 your use of the youtube website -lrb- the `` website '' -rrb- and any youtube products , channels , software , data feeds and services , including the youtube embeddable video player -lrb- the `` youtube player '' -rrb- provided to you on or from or through the website by youtube -lrb- collectively the `` service '' -rrb- is subject to the terms of a legal agreement between you and youtube .
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`` youtube '' means youtube llc , whose principal place of business is at 901 cherry avenue , san bruno , ca 94066 , united states .
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1.2 your legal agreement with youtube is made up of -lrb- a -rrb- the terms and conditions set out in this document , -lrb- b -rrb- youtube 's privacy policy -lrb- https://www.youtube.co.uk/t/privacy -rrb- and -lrb- c -rrb- youtube 's community guidelines -lrb- https://www.youtube.co.uk/t/community_guidelines -rrb- -lrb- collectively called the `` terms '' -rrb- .
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1.3 the terms form a legally binding agreement between you and youtube in relation to your use of the service .
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it is important that you take the time to read them carefully .
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1.4 the terms apply to all users of the service , including users who are also contributors of content , on the service .
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`` content '' includes the text , software , scripts , graphics , photos , sounds , music , videos , audiovisual combinations , interactive features and other materials you may view on , access through or contribute to the service .
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2.1 in order to use the service , you must firstly agree to the terms .
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you may not use the service if you do not accept the terms .
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2.2 you can accept the terms by simply using the service .
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you understand and agree that youtube will treat your use of the service as acceptance of the terms from that point onwards .
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2.3 you may not use the service and may not accept the terms if -lrb- a -rrb- you are not of legal age to form a binding contract with youtube , or -lrb- b -rrb- you are a person who is either barred or otherwise legally prohibited from receiving or using the service under the laws of the country in which you are resident or from which you access or use the service .
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2.4 you should print off or save a local copy of the terms for your records .
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youtube reserves the right to make changes the terms from time to time , for example to address changes to the law or regulatory changes or changes to functionality offered through the service .
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therefore you must look at the terms regularly to check for such changes .
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the modified version of the terms -lrb- the `` modified terms '' -rrb- will be posted at https://www.youtube.co.uk/t/terms or made available within the service -lrb- for any modified additional terms -rrb- .
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if you do not agree to the modified terms you must stop using the service .
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your continued use of the service after the date the modified terms are posted will constitute your acceptance of the modified terms .
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4.1 in order to access some features of the website or other elements of the service , you will have to create a youtube account .
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when creating your account , you must provide accurate and complete information .
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it is important that you must keep your youtube account password secure and confidential .
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4.2 you must notify youtube immediately of any breach of security or unauthorised use of your youtube account that you become aware of .
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4.3 you agree that you will be solely responsible -lrb- to youtube , and to others -rrb- for all activity that occurs under your youtube account .
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5.1 youtube hereby grants you permission to access and use the service , subject to the following express conditions , and you agree that your failure to adhere to any of these conditions shall constitute a breach of these terms on your part :
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a. you agree not to distribute any part of or parts of the website or the service , including but not limited to any content , in any medium without youtube 's prior written authorisation , unless youtube makes available the means for such distribution through functionality offered by the service -lrb- such as the youtube player -rrb- ;
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b. you agree not to alter or modify any part of the website or any of the service -lrb- including but not limited to the youtube player and its related technologies -rrb- ;
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c. you agree not to access content through any technology or means other than the video playback pages of the website itself , the youtube player , or such other means as youtube may explicitly designate for this purpose ;
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d. you agree not to -lrb- or attempt to -rrb- circumvent , disable or otherwise interfere with any security related features of the service or features that -lrb- i -rrb- prevent or restrict use or copying of content or -lrb- ii -rrb- enforce limitations on use of the service or the content accessible via the service ;
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e. you agree not to use the service -lrb- including the youtube player -rrb- for any of the following commercial uses unless you obtain youtube 's prior written approval :
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i. the sale of access to the service
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the sale of advertising , sponsorships or promotions placed on or within the service , or content ;
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the sale of advertising , sponsorships or promotions on any page of an ad-enabled blog or website containing content delivered via the service unless other material not obtained from youtube appears on the same page and is of sufficient value to be the basis for such sales
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f. prohibited commercial uses shall not include -lrb- i -rrb- uploading an original video to youtube , -lrb- ii -rrb- maintaining an original channel on the website in order to promote a business or artistic enterprise , -lrb- iii -rrb- showing youtube videos through the youtube player or otherwise on an ad-enabled blog or website , subject to those advertising restrictions set out in 5.1 -lrb- e -rrb- -lrb- iii -rrb- above ; and -lrb- iv -rrb- any use that is expressly authorised by youtube in writing ;
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g. if you use the youtube player on your website may not modify , build upon or block any portion or functionality of the youtube player including but not limited to links back to the website ;
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h. you agree not to use or launch any automated system -lrb- including , without limitation , any robot , spider or offline reader -rrb- that accesses the service in a manner that sends more request messages to the youtube servers in a given period of time than a human can reasonably produce in the same period by using a publicly available , standard -lrb- i.e. not modified -rrb- web browser ;
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i. you agree not to collect or harvest any personal data of any user of the website or any service -lrb- and agree that this shall be deemed to include youtube account names -rrb- ;
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j. you agree not to use the website or the services -lrb- including the comments and email features in the website -rrb- for the solicitation of business in the course of trade or in connection with a commercial enterprise ;
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k. you agree not to solicit , for commercial purposes , any users of the website with respect to their content ; and
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l. you agree not to access content or any reason other than your personal , non-commercial use solely as intended through and permitted by the normal functionality of the service , and solely for streaming .
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`` streaming '' means a contemporaneous digital transmission of the material by youtube via the internet to a user operated internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded -lrb- either permanently or temporarily -rrb- , copied , stored , or redistributed by the user .
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you shall not copy , reproduce , distribute , transmit , broadcast , display , sell , license , or otherwise exploit any content for any other purposes without the prior written consent of youtube or the respective licensors of the content .
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5.2 you agree that you will comply with all of the other provisions of the terms and the youtube community guidelines at all times during your use of the service .
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5.3 youtube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials , but not caches or archives of such materials .
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youtube reserves the right to revoke these exceptions either generally or in specific cases .
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5.4 youtube is constantly innovating in order to provide the best possible experience for its users .
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you acknowledge and agree that the form and nature of the service which youtube provides may change from time to time without prior notice to you .
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5.5 as part of this continuing innovation , you acknowledge and agree that youtube may stop -lrb- permanently or temporarily -rrb- providing the service -lrb- or any features within the service -rrb- to you or to users generally at youtube 's sole discretion , without prior notice to you .
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you may stop using the service at any time .
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you do not need to specifically inform youtube when you stop using the service .
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5.6 you agree that you are solely responsible for -lrb- and that youtube has no responsibility to you or to any third party for -rrb- any breach of your obligations under the terms and for the consequences -lrb- including any loss or damage which youtube may suffer -rrb- of any such breach .
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6.1 youtube operates a clear copyright policy in relation to any content that is alleged to infringe the copyright of a third party .
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details of that policy can be found here : https://www.youtube.co.uk/t/copyright_notice
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6.2 as part of youtube 's copyright policy , youtube will terminate user access to the / service if a user has been determined to be a repeat infringer .
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a repeat infringer is a user who has been notified of infringing activity more than twice .
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7.1 as a youtube account holder you may submit content .
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you understand that whether or not content is published , youtube does not guarantee any confidentiality with respect to content .
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7.2 you retain all of your ownership rights in your content , but you are required to grant limited licence rights to youtube and other users of the service .
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these are described in paragraph 8 of these terms -lrb- rights you licence -rrb- .
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7.3 you understand and agree that you are solely responsible for your own content and the consequences of posting or publishing it .
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youtube does not endorse any content or any opinion , recommendation , or advice expressed therein , and youtube expressly disclaims any and all liability in connection with content .
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7.4 you represent and warrant that you have -lrb- and will continue to have during your use of the service -rrb- all necessary licenses , rights , consents , and permissions which are required to enable youtube to use your content for the purposes of the provision of the service by youtube , and otherwise to use your content in the manner contemplated by the service and these terms .
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7.5 you agree that your conduct on the site will comply with -lrb- and you agree that the content of all of your content shall comply with -rrb- the youtube community guidelines , found at https://www.youtube.co.uk/t/community_guidelines , as updated from time to time .
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7.6 you agree that you will not post or upload any content which contains material which it is unlawful for you to possess in the country in which you are resident , or which it would be unlawful for youtube to use or possess in connection with the provision of the service .
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7.7 you agree that content you submit to the service will not contain any third party copyright material , or material that is subject to other third party proprietary rights -lrb- including rights of privacy or rights of publicity -rrb- , unless you have a formal licence or permission from the rightful owner , or are otherwise legally entitled , to post the material in question and to grant youtube the licence referred to in paragraph 8.1 below .
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7.8 on becoming aware of any potential violation of these terms , youtube reserves the right -lrb- but shall have no obligation -rrb- to decide whether content complies with the content requirements set out in these terms and may remove such content and/or terminate a user 's access for uploading content which is in violation of these terms at any time , without prior notice and at its sole discretion .
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7.9 you further understand and acknowledge that in using the service , you may be exposed to content that is factually inaccurate , offensive , indecent , or otherwise objectionable to you .
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