RIOT PIN SYSTEM
Last Modified April 24th 2013
This Agreement sets forth the details concerning your relationship with Riot Games and the use of the Service by you.
In this Agreement, “you” and “your” mean the user of the Service who agrees to this Agreement. If you are an individual acting on behalf of a business entity, you hereby represent and warrant that you are a duly authorized representative of such business entity, with full power and authority to enter into on behalf of, and legally bind, such business entity to contractual agreements, and that the use of the Service is made in the course of such entity’s business, rather than for personal use. In the case of the foregoing, the terms “you” and “your” shall also include such business entity and such business entity’s parent, subsidiary and affiliated companies.
For purposes of this Agreement, the following terms shall be defined as set forth below:
- Riot Pin means a code number which, when registered with Riot Games, provides the applicable Riot Pin Credit when activated.
- Riot Pin Credit means a credit for a designated number of Riot Points applied to a Riot Pin.
- Riot Points means the Riot Games redeemable point system used by Game end users for the purpose of licensing in-Game virtual items, including, without limitation, champions, champion skins, boosts and any other features as determined by Riot Games in its sole discretion, whether now known or hereafter devised.
- In order to commence and continue use of the Service, you must: (i) fill out a registration form available on the Site; (ii) provide requested information, which may include your personal first name and last name, business name, phone number, facsimile number, address (i.e., street, city, state, country, and postal code), tax authority, tax identification number, VAT number (if applicable), café PC count, and café internet protocol address, to Riot Games in order to create and maintain an account on the Site with an account name and password (the “Account”); (iii) satisfy all applicable legal requirements; (iv) pay all required fees or Service charges to Riot Games; and (v) provide any and all information as may be reasonably requested by Riot Games from time to time.
- If applicable, you may be requested to forward to Riot Games a copy of your business entity registration certificate showing the same information as that used in the course of creating the Account. If applicable, you may be requested to register the IP addresses of your business entity with the Site, or you may request Riot Games to do so, in order to enable end users to operate the Game and purchase Riot Pins and/or Riot Points at your business location.
- Riot Games will commence the provision of the Service to you only if and when all you submit your registration form, provide Account information, and pay required Service charges as required by Riot Games and in compliance with this Agreement. In the event of your noncompliance, we reserve the right to refuse or suspend the provision of the Service.
- Upon commencement of the provision of the Service to you, Riot Games may, as may be applicable, list you as an authorized provider of Riot Pins (an “Authorized Reseller”) on its Site for purposes of verification by end users.
- Login Credentials. In creating an Account, you will be required to select a unique username and password (collectively, "Login Credentials"), which you will use each time you access the Service. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify Riot Games immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.
- Account Sales. The Account supplied to you is personal to you, and Riot Games does not recognize and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Riot Games) may result in suspension or termination of your Account.
- By Riot Games. RIOT GAMES RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Additionally, Riot Games may stop offering and/or supporting the Service at any time.
- By You. You may terminate your Account at any time, for any reason or no reason, by contacting Riot Games at firstname.lastname@example.org.
You must perform the obligations set forth below. If you fail to perform any of your obligations, we reserve the right to temporarily or partially restrict your use of the Service, or cancel your use of the Service. In addition, you should assume all the legal responsibilities arising from your breach of obligations in the absence of Riot Games’ gross negligence or willful misconduct. Riot Games reserves the right to report such breach to the competent investigatory authorities as required by applicable laws and regulations.
- You must pay all Service fees and charges to Riot Games according to the provisions of this Agreement.
- In the event of any changes in the information you provided to Riot Games, or necessary for each party’s performance of this Agreement, you must immediately notify Riot Games of such changes. If you fail to provide Riot Games with such notice, Riot Games will not assume any liabilities for losses and damages arising from such failure to notify.
- You are entirely responsible for protecting your Account information. Riot Games will not assume any liabilities arising from the fraudulent use or misuse of such Account.
- You must comply with all rules and regulations posted by Riot Games on the Site or sent through personal notice.
- You must not engage in any acts, whether for profit or not, of providing other Riot Pin-related services, running other Riot Pin-related side businesses, or conducting Riot Pin-related profit-making activities, except as may be authorized under this Agreement or in the event you have obtained the prior written consent of Riot Games.
- You must not use the Riot Pins in any manner except as authorized under this Agreement. Without limiting the foregoing, you shall not use expired Riot Pins, or Riot Pins in any manner following the termination of your Account.
- You must not fraudulently use another person's name, impersonate any person, business or entity, or infringe upon another person's rights, including, without limitation, impersonating any employee of Riot Games, or communicating in any way that makes it appear that the communication originates from Riot Games. You must not provide false information to Riot Games.
- You must not illegitimately use any services provided by Riot Games by deploying technical measures not authorized by Riot Games.
- You must not participate in any action or promote any such action which, in the sole and exclusive judgment of Riot Games, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over Game users.
- You must not participate in any action or promote any such action which, in the sole and exclusive judgment of Riot Games, defrauds any users of the Game, including, but not limited to, by "scamming" or "social engineering."
- You must not use any unauthorized third party programs, including but not limited to "mods," "hacks," "cheats," "scripts," "bots," "trainers," and automation programs, that interact with the Properties in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Properties and Riot Games and any unauthorized third party programs that collect information about the Properties by reading areas of memory used by the Properties to store information.
- You must not provide or sell any services beyond the scope of this Agreement without the prior written consent of Riot Games.
- You must not deploy or use software or hardware that may harm any games or services provided by Riot Games.
- You must not transfer or assign the Service to any third party not party to this Agreement without the prior written consent of Riot Games.
- You must not engage in any acts of in violation of applicable law.
- You must not modify files of the Service without the prior consent of Riot Games.
- You must not alter, cover, or remove notices, logos or other legends of Riot Games without the prior written consent of Riot Games, except as explicitly allowed to Authorized Resellers as communicated from Riot Games to you.
- You must not solicit, encourage, facilitate or allow, either directly or indirectly, your employees, contractors, customers or any other third parties to engage in any of the prohibited activities set forth in this Section III(A).
- You will employ and maintain security measures for the Riot Pins obtained through the Service using commercially reasonable best practices, including, without limitation, the implementation of administrative, technical and physical safeguards to protect Riot Pins in your possession or control against unauthorized access or loss.
- You will respond to any unauthorized acquisition or use of Riot Pins in your control (a “Security Breach”) promptly. In the event you discover a Security Breach, you shall (i) immediately investigate such Security Breach; (ii) immediately notify the contact person designated by Riot Games; and (iii) commence all actions required to comply with applicable laws, rules and/or governmental regulations related to such Security Breach. You shall, at Riot Games’ request, (a) contact local and federal authorities regarding the Security Breach; and (b) assist and/or cooperate with law enforcement agencies in any criminal prosecution, or take civil action, against the perpetrators of such Security Breach. You shall, at Riot Games’ request, regularly update Riot Games on (i) the suspected causes of the Security Breach; (ii) your progress with regard to compliance with all applicable laws, rules and/or governmental regulations and corrections and/or updates to your security software, protocols and procedures to prevent a reoccurrence of the Security Breach; and (iii) any legal action pursued by you and/or law enforcement agencies against any alleged perpetrators of the Security Breach. Following your notification to Riot Games of a Security Breach, at Riot Games’ request, you will preserve all electronic evidence in your possession or control relating to the Security Breach using forensic processes, products and professionals in a manner sufficient to meet evidentiary standards in a court of law.
- In the event of any Security Breach, Riot Games, at its discretion upon consideration of the circumstances surrounding such Security Breach, may immediately terminate this Agreement (notwithstanding any other termination rights set forth in this Agreement).
Intellectual Property. All rights and title in and to the Site and Service and its related software or materials (collectively, the "Properties"), and all content included therein (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Riot Points, Riot Pins, audio-visual effects, character likenesses, and methods of operation, trademarks, service marks, trade names, logos, domain names, taglines, patents, inventions, utility models, know-how, and any other intellectual property) are owned by Riot Games or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws (as applicable). Riot Games and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by Riot Games. Additionally, except as otherwise set forth in this Agreement, Riot Games does not authorize you to make any use whatsoever of any Riot Games trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the "Riot Games Marks") under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
Notwithstanding the above, Riot Games may make certain promotional items available to you (which may be located on the Site) that includes a limited license to use certain Riot Games Marks and other proprietary material. Except for the license expressly granted with such promotional items, Riot Games reserves all rights, title, and interest in Riot Games Marks and all other intellectual property, and does not authorize you to display or use such in any manner, including but not limited to use on websites, on blogs, in forums, in signatures, on products, or in printed or electronic publications.
Riot Pins. By using the Site and the Service, you may purchase, allocate, and/or activate Riot Pins. The price of Riot Pins may vary depending on the amount you purchase and where you are purchasing. As Riot Games feels necessary, in its sole and absolute discretion, Riot Games may limit the total amount of Riot Pins that may be purchased at any one time, and/or limit the total Riot Pins that may be held in your Account in the aggregate. Riot Games will notify you in the event that you near any such limit. Additionally, price and availability of Riot Pins are subject to change without notice.
You are solely responsible for verifying that the proper amount of Riot Pins has been added to, deducted, or allocated from your Account during any given transaction, so please notify Riot Games immediately should you believe that a mistake has been made with respect to your Riot Pins. Riot Games will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. Riot Games will let you know the results of the investigation; however, you acknowledge and agree that Riot Games has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE RIOT PINS SYSTEM AND THE RIOT PINS OR RIOT POINTS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. NO REFUNDS WILL BE MADE FOR THE PURCHASE OF RIOT PINS OR THEIR REDEMPTION FOR RIOT POINTS. You acknowledge and agree that Riot Pins have expiration dates, as further described in Section IX(C). It is your sole responsibility to be aware of such expiration dates and the consequences of the expiration of Riot Pins, as further described in Section IX(C).
The sale or transfer of Riot Pins between users may only be conducted via services approved of and provided by Riot Games, if any, and Riot Games may terminate any Account that acts in contravention of this prohibition.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF RIOT GAMES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE RIOT PINS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR RIOT PINS. FURTHERMORE, RIOT GAMES SHALL NOT BE LIABLE, IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, EXPIRATION, "HACKING," OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE RIOT PINS, INCLUDING BUT NOT LIMITED TO THE DELETION OF RIOT PINS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
Unsolicitied Idea Submissions. Riot Games values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither Riot Games nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively "Unsolicited Ideas"). Please do not send your Unsolicited Ideas to Riot Games or its employees and/or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when Riot Games' products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to Riot Games or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant Riot Games and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to Riot Games as specified above are valid, effective and enforceable. You also give up any claim that any use by Riot Games and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
CODE OF CONDUCT
While using any of the Service, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Service (including, but not limited to, business practices to be followed by Authorized Resellers and/or other distributors or resellers of Riot Pins), to be provided by Riot Games from time to time, which rules are not meant to be exhaustive. Riot Games reserves the right to modify such policies at any time, as well as take appropriate disciplinary measures including Account termination and deletion, regardless of whether a specific behavior is listed here as prohibited.
UPDATES AND MODIFICATIONS
The Site may contain links to websites operated by other parties. Riot Games provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Riot Games, and Riot Games is not responsible for the content available on the other sites. Such links do not imply endorsement by Riot Games of information or material on any other site, and Riot Games disclaims all liability with regard to your access to and use of such linked websites.
Should you choose to provide a link on the Site to an external website, unless otherwise set forth in a written agreement between you and Riot Games, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Riot Games’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Riot Games; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) Riot Games reserves the right to revoke its consent to the link at any time and in its sole discretion.
FEES AND TAXES
Purchasing Riot Pins through the Site requires the payment of fees. You agree that you will provide accurate and complete payment information to Riot Games or the third-party payment provider used by Riot Games. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Riot Games may revise the pricing for the Riot Pins, the Game, or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Riot Games may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to Riot Games, your Account may be closed without warning or notice at the sole discretion of Riot Games. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING WITHOUT LIMITATION RIOT PINS) ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
RISK OF LOSS, REPORTING, TERM
- Risk of Loss. UPON RIOT GAMES' DELIVERY OF RIOT PINS TO YOU, RIOT GAMES SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH, OR OBLIGATION TO CANCEL OR REPLACE, ANY RIOT PINS WHICH ARE LOST, STOLEN, COUNTERFEITED, DUPLICATED, TAMPERED WITH OR OTHERWISE MISAPPROPRIATED OR FRAUDULENTLY USED ("COMPROMISED RIOT PINS"). IN THE EVENT THAT RIOT PINS ARE CONCLUSIVELY DESTROYED, RIOT GAMES MAY CONSIDER ISSUING REFUNDS AT ITS SOLE AND ABSOLUTE DISCRETION.
- Duty to Report. NOTWITHSTANDING SECTION III(B) HEREOF TO THE CONTRARY, (I) YOU SHALL IMMEDIATELY NOTIFY RIOT GAMES OF ANY COMPROMISED RIOT PINS OF WHICH YOU ARE AWARE, INCLUDING, WITHOUT LIMITATION, PROVIDING RIOT GAMES WITH THE CODE NUMBERS FOR SUCH COMPROMISED RIOT PINS; AND (II) RIOT GAMES MAY, WITHOUT ANY LIABILITY TO YOU WHATSOEVER, REJECT, TERMINATE, CANCEL OR OTHERWISE REFUSE TO PROCESS SUCH COMPROMISED RIOT PINS AT RIOT GAMES' SOLE DISCRETION.
- Term. Subject to the terms and conditions of this Agreement, the term of any Riot Pins will commence from the date of activation of the Riot Pins and will not expire for TWELVE MONTHS thereafter.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGMENT
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Riot Games user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the Riot Games Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim has been infringed;
- The URL of the location on the Riot Games Site containing the material that you claim is infringing;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
THE PROPERTIES, THE SERVICE AND RIOT PINS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RIOT GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, THE SERVICE AND RIOT PINS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. RIOT GAMES DOES NOT WARRANT THAT THE PROPERTIES, THE SERVICE OR RIOT PINS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES, THE SERVICE AND RIOT PINS TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES, THE SERVICE OR THE RIOT PINS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may, in whole or in part, not apply to you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL RIOT GAMES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, SERVICE OR RIOT PINS, EVEN IF RIOT GAMES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RIOT GAMES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO RIOT GAMES FOR RIOT PIN RELATED TRANSACTIONS, IF ANY, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because certain states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Riot Games shall be limited to the fullest extent permitted by applicable law.
You hereby acknowledge and agree that Riot Games would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Riot Games shall be entitled to claim specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
- Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and Riot Games agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV(F) below). Riot Games will send its notice to the address it has on file to the extent that you have provided additional contact information to Riot Games. Otherwise, Riot Games will send its notice to the email address associated with your Account. You will send your notice to Riot Games, Inc., 10736 Jefferson Blvd #622, Culver City, California, 90230, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30) day period, either you or Riot Games may elect to have the Claim (except as otherwise provided in Section XV(F)) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) that are in effect at the time the arbitration is initiated and under the terms set forth in this Agreement. Both the AAA Rules and the AAA Consumer Rules can be found at the AAA website, www.adr.org. In the event of a conflict between the terms set forth in this Section XV(B) and either the AAA Rules or the AAA Consumer Rules, the terms in this Section XV(B) will control and prevail.
Except as otherwise set forth in Section XV(F), you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Riot Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Riot Games may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND RIOT GAMES ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- Arbitration Fees. If we are initiating arbitration for a Claim, we will pay all costs charged by the AAA Rules for initiating the arbitration. Your share of all other fees and costs of the arbitration, including your share of arbitrator compensation, will be charged pursuant to the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. Where your share of the costs is deemed to be excessive by the arbitrator, Riot Games will pay all arbitration fees and expenses.
- Location. The arbitration will take place in your hometown area if you so notify Riot Games in your notice of arbitration or within ten (10) days following receipt of Riot Games’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Los Angeles, California, United States of America, and you and Riot Games agree to submit to the personal jurisdiction of that court.
- Limitations. You and Riot Games agree that any arbitration shall be limited to the Claim between Riot Games and you individually. YOU AND RIOT GAMES AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
- Exceptions to Negotiations and Arbitration. You and Riot Games agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Riot Games’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
- Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Service from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement.
- Severability. You and Riot Games agree that if any portion this Section XV is found illegal or unenforceable (except any portion of Section XV(F)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XV(F) is found to be illegal or unenforceable then neither you nor Riot Games will elect to arbitrate any Claim falling within that portion of Section XV(F) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and you and Riot Games agree to submit to the personal jurisdiction of that court.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and Riot Games may terminate this Agreement at any time for any reason or for no reason. Termination by Riot Games will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Service, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Service. If, however, you wish to terminate your Account, you must affirmatively do so by notifying Riot Games at email@example.com as stated above. Upon termination of this Agreement, your right to use the Properties, Site, or Service shall immediately cease, and you shall immediately terminate the reselling or use of Riot Pins (with refunds, IF ANY, to be considered only at Riot Games' sole and absolute discretion).
- Assignment. Riot Games may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Riot Games' prior written consent, and any unauthorized assignment by you shall be null and void.
- Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact Riot Games for any other reason, please contact Riot Games support at firstname.lastname@example.org, or visit the "support" link located at the bottom of the Site.
- Force Majeure. Riot Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Riot Games, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Riot Games' 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.
- Location. The Service is operated by Riot Games in the United States. Those who choose to access the Site and/or the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Riot Games as a result of this Agreement or your use of the Site or Service.
- No Waiver. Riot Games' failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Riot Games of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Notices. Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Riot Games, Inc., 10736 Jefferson Blvd #622, Culver City, California, 90230.
- Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.
- Survival. The provisions of Sections IV, VIII, IX(A), XI-XV, XVII shall survive any termination of this Agreement.