New TOS problem

#0 - June 2, 2010, 3:59 p.m.
Blizzard Post
Alright, I sent an email to Blizzard about this, but the only reply I got was a survey request asking if I was safaried with their (non-existent) response.

The problem is that the new TOS (http://us.blizzard.com/en-us/company/about/termsofuse-new.html) which is available via a link when you log in to battle.net, contains problems I have bolded:

3. Requirements.
Before you can use the Service, you must: (i) read, understand and agree to this TOU, the Privacy Policy, the In Game Policies, and (ii) register an account on the Service (an "Account"). If you want to play a game on the Service, you must additionally read, understand and agree to the In Game Policies located here, and the applicable Game-specific Terms of Use and EULA for each of the Game(s) you will use with the Service; and (ii) purchase a valid license to use the Game(s) you will use with the Service. You are responsible for any internet connection fees that you incur when accessing the Service.

1. The first problem is that "here" is in fact a hyperlink, and I question the use of hyperlinks in the TOS, where the hyperlink is required to fully understand the TOS. I would highly recommend that the link be written out in plain text, or the wording be changed to indicate where the "in Game Policies" are found.

2. This is item #3, but you are still using (ii) to delimit it. You would also probably want to remove the "and" before the previous (ii) or otherwise it is a run-on sentence (this was the only problem I emailed Blizzard about).
#15 - June 2, 2010, 7:02 p.m.
Blizzard Post
Q u o t e:
You will probably want to email [email protected] so they can review your issues on how the ToU is presented in this case. I think their army of lawyers have already stamped it okay, but you never know.


Correct! While I'm unable to comment on the intent of the passages you quoted or any issues with hyperlinking in a document of this nature, your vigilance is appreciated.