World of Warcraft Stories Submission Agreement

The following represents an agreement between Blizzard Entertainment, Inc., a Delaware corporation (“Blizzard Entertainment”), and yourself, relating to your participation in Blizzard’s “World of Warcraft Stories” as follows:

1. Grant of License. By clicking the "I accept" button associated with this License Agreement ("Agreement"), You hereby grant to Blizzard Entertainment, a Delaware corporation, P.O. Box 18979, Irvine, CA 92623, and its affiliates (collectively "Blizzard"), a non-exclusive, worldwide, royalty free, perpetual license to: (i) display the stories, names, themes, photographs, illustrations, characters, storylines, your likeness and a biography of you, which you submit to Blizzard in association with Blizzard's 'World of Warcraft Stories' project on its websites ("Licensed Materials"), including, but not limited to www.wow-europe.comand on other promotional materials related to Blizzard’s products, for commercial, business, and trade purposes, as well as for advertising and/or publicity purposes, and (ii) correct, adjust, amend the Licensed Material prior to publication. Should significant changes need to be done on the Licensed Material (ie. changes not covered by the Grant of License, Blizzard Entertainment shall contact You in order to get Your approval before using the Licensed Material.
2. Representations and Warranties. With respect to the Licensed Materials, you hereby warrant that: (a) You are over the age of majority in your country of residence and that are a resident of the European Union; (b) You have the right to make disclosure and use thereof without liability or compensation to others; and (c) the use, reproduction, distribution, or transmission of the Licensed Material will not, and the Agreement does not violate any foreign or domestic, federal, state or local law or regulation, or any rights of any third party, including, but not limited to, any copyright, patent, trademark, trade secret, music, image, or other proprietary, property, or contractual right, or constitute false advertising, unfair competition, defamation, invasion of privacy or rights to celebrity, or any other right of any person or entity. You agree to defend, indemnify and hold Blizzard harmless from any claims, litigations, actions, damages or fees of any kind (including reasonable attorney's fees) arising from: (i) a breach of Your representations and warranties hereunder, and (ii) Blizzard' or Your use or disclosure of subject matter which You know or reasonably should know others have rights in, except, however, for subject matter and the identity of others having rights therein that You disclose to Blizzard in writing before Blizzard uses the subject matter.
3. Consideration. With respect to the Licensed Materials, you hereby warrant that: (a) You are over the age of majority in your country of residence and that are a resident of the European Union; (b) You have the right to make disclosure and use thereof without liability or compensation to others; and (c) the use, reproduction, distribution, or transmission of the Licensed Material will not, and the Agreement does not violate any foreign or domestic, federal, state or local law or regulation, or any rights of any third party, including, but not limited to, any copyright, patent, trademark, trade secret, music, image, or other proprietary, property, or contractual right, or constitute false advertising, unfair competition, defamation, invasion of privacy or rights to celebrity, or any other right of any person or entity. You agree to defend, indemnify and hold Blizzard harmless from any claims, litigations, actions, damages or fees of any kind (including reasonable attorney's fees) arising from: (i) a breach of Your representations and warranties hereunder, and (ii) Blizzard' or Your use or disclosure of subject matter which You know or reasonably should know others have rights in, except, however, for subject matter and the identity of others having rights therein that You disclose to Blizzard in writing before Blizzard uses the subject matter.
4. Miscellaneous. The parties hereto are each independent contractors, and neither party is an agent, representative or partner of the other. Blizzard may terminate this Agreement at any time in the event of Your material breach of this Agreement. This Agreement shall be deemed to have been made and executed in the State of California and any dispute arising hereunder shall be resolved in accordance with the law of California. This Agreement may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. You understand and agree that Blizzard has the right not to use the Licensed Material. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. Nothing herein contained shall be binding upon the parties until this Agreement has been executed by an officer or agent of each and has been delivered to the parties.
5. Acknowledgement of binding nature of the foregoing terms and conditions. You hereby acknowledge that you have read and understand the foregoing agreement and agree that the activation, or 'clicking' the 'I Accept' button associated with the submission of your submission, is an acknowledgment of your agreement to be bound by the terms and conditions of this agreement. You also acknowledge and agree that this agreement is the complete and exclusive statement of the agreement between Blizzard and yourself with regards to the subject matter referenced herein, and supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Blizzard and yourself related to the subject matter of this agreement.