LEAGUE OF LEGENDS® Terms of Use Last Modified: June 15, 2018 This agreement (the “Agreement”) sets forth the terms and conditions by which Riot Games, Inc. and its subsidiaries, including without limitation its wholly owned subsidiary Riot Games Limited, an Irish limited company, operating, publishing the League of Legends computer game and providing related services in the European Union, the Russian Federation, and other international territories (“Riot Games”), offer you access to use and enjoy: ● Our League of Legends computer game (the “Game”); ● The underlying Game software (the “Software”); ● Our League of Legends websites (http://euw.leagueoflegends.com/ and http://eune.leagueoflegends.com/)(each the “Website”); and ● Any other of our apps, websites, games, or services that link to this Agreement, regardless of how you access or use them, including through mobile devices. While using these products and services (collectively, the “Riot Services”) we may require you to provide personal info. We retain and use such info according to the terms of our Privacy Policy (http://euw.leagueoflegends.com/en/legal/privacy )(the “Privacy Policy”). Please read the terms of this Agreement carefully. By clicking the “Accept” button below, or by using any of the Riot Services, you agree that this Agreement is enforceable like any written contract signed by you. TABLE OF CONTENTS 1. Your Account 2. Account Termination 3. Limited License 4. Virtual Items 5. Code of Conduct 6. User Generated Content 7. Monitoring 8. Updates and Modifications 9. Boards and Links 10. Fees 11. Copyright Infringement Notices 12. Warranty Disclaimer 13. Indemnification 14. Limitation of Liability 15. Governing Law and Dispute Resolution 16. Miscellaneous 1. YOUR ACCOUNT 1.1. Am I eligible to use the Riot Services? (You may not use the Riot Services for a commercial purpose and you must be at least 13 years old and an adult must accept this Agreement.) Only people ages 13 or older may create an account or use the Riot Services. If you’re at least 13 years old, but not yet legally considered an “adult” in the country you live in, you must ask one of your parents (or other legal guardians) to read this Agreement and accept it on your behalf. You may not create or use an account or use any of the Riot Services on behalf of a legal entity or for a commercial purpose. 1.2. I’m eligible, yay! How can I create an account and play? (Follow these steps….) Playing the Game requires you to: (a) read and accept the terms of this Agreement; (b) download and install a valid copy of the Software; (c) register for an account; and (d) meet the minimum system requirements. These requirements may change as the Game evolves. You must pay for your own internet connection, equipment, servicing, and any repair costs necessary to access the Game. 1.3. Do I need to provide my real name and stuff? (Yes. Please don’t try to pull any kind of “Definitely Not Blitzcrank” or “Definitely Not Udyr” funny business.) You must always supply us with accurate and complete info, including if you provide us with your name, address, birthdate, email address or credit card info. We’ll use this info according to our Privacy Policy. 1.4. Can I share or sell my account or login credentials? (No.) When you create an account with us, we require you to select a unique username and password (collectively, your “Login Credentials”), which you’ll use each time you access the Game. You can’t share your account or Login Credentials with anyone. You can’t sell, transfer or allow any other person to access your account or Login Credentials, or offer to do so. You’re entirely responsible for maintaining the confidentiality of your Login Credentials. Please notify us immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials. 2. ACCOUNT TERMINATION 2.1. How can my account be suspended or terminated? (If you break the rules, Demacian Justice will be visited upon your account!) Three different people/entities can suspend or terminate your account: 2.1.1. You. You may terminate or suspend your account at any time by contacting us at support@riotgames.com. 2.1.2. Us. We may terminate or suspend your account if we determine, acting reasonably that: (a) you have violated any part of this Agreement; (b) we have stopped offering the Riot Services in your region; or (c) doing so would be in the best interests of our community, the Riot Services, or the rights of a third party. We may make such determinations, among other ways, by using automated systems and machine learning tools. 2.1.3. The Tribunal®. The Tribunal® system allows our community of users to police the compliance of other users with the “Summoner’s Code,” which outlines the principles of ideal game play behavior, as well as with our other policies. Community members, including you, may submit descriptions of activity and actions of certain users within the Game, and collectively determine if that particular user was in compliance with our policies. If The Tribunal determines, in its sole discretion, that you have violated one of our policies, we may suspend or terminate your account on behalf of the community. 2.2. What happens if my account is terminated? (No LoL for you.) If your account is terminated for one of the reasons referred to in clause 2.1, you’ll no longer have access to it, including any of the associated data or content (e.g., champions, skins, Riot Points, etc.). Where we terminate for a legitimate reason, for example where you have breached this Agreement, you’ll not be entitled to any refunds and we’ll have no liability to you. We also reserve the right to terminate any other accounts you may have created, as well as your access to any other Riot Services (also without any refunds or liability to you). You understand and agree that using the Riot Services comes with the risk that your account may be terminated or suspended and that, whenever you use the Riot Services, you’ll bear this risk in mind and always conduct yourself appropriately. 3. LIMITED LICENSE 3.1. What can I do with the Riot Services? (You can enjoy the Riot Services for your own, personal, non-commercial use.) We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the Riot Services for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with the terms of this Agreement. Unless otherwise expressly authorized by us in a signed writing, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute any of the Riot Services or any of Riot Games’ intellectual property, including any computer code associated therewith. 3.2. Can I do stuff with Riot’s intellectual property? (We reserve all the rights to our IP, but do allow for some personal, non-commercial uses like fan art.) We (and our licensors) own and reserve all intellectual property rights and other rights and title in and to the Riot Services, and all data and content included therein, including, user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, Game recordings and broadcasts, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Riot Points (defined below), Blue Essence (defined below), Hextech Items (defined below), Virtual Items (defined below), audio-visual effects, character likenesses, methods of operation and gameplay (collectively, “Game Content”). You can’t create any work of authorship based on the Game Content or Riot Services except as expressly permitted by us. For more info about what uses we currently permit, please read our Legal Jibber Jabber policy (http://www.riotgames.com/legal-jibber-jabber). You also agree that unless we grant you a license, in a signed written contract, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the Riot Services, or use of the Riot Services not in accordance with this Agreement, is expressly prohibited and may result in severe civil and/or criminal penalties. 4. VIRTUAL ITEMS 4.1. What kind of “virtual items” can I access in the Game? (You can unlock access to champions, skins, , emotes, accessories, etc.) When using the Game, you may “unlock” and gain access to various in-Game virtual items (“Virtual Items”) associated with your account, including: ● Champions; ● Skins; • Emotes; and • Accessories. You can access these Virtual Items in at least one of three ways: 4.1.1. With Blue Essence. While using the Game, you will have opportunities to acquire “Blue Essence.” You can use Blue Essence to unlock and acquire access to certain Virtual Goods (e.g., new champions). 4.1.2. With Riot Points. Every player with a valid, active account may participate in our “Riot Points” service offering, which is a redeemable point system that operates like virtual currency. Riot Points can be purchased online through the in-Game store or at retail in the form of a prepaid “Riot Games Game Card.” Please note that you must register your Riot Games Game Card in the in-Game store in order to access the Riot Points the card contains. Riot Points might also be provided to you by Riot Games as part of a promotion, or through other means, such as completing certain quests or achievements in the Game, or through Riot Games-sponsored contests or sweepstakes. You can use Riot Points to unlock and acquire access to certain Virtual Items (e.g., boosts, champion skins, ward skins, and new champions). 4.1.3. With Hextech Crafting & Loot. While using the Game, you will have opportunities to acquire access to virtual items such as keys, chests, shards, and essences (“Hextech Items”) which you can use to unlock and acquire access to various Virtual Goods. You can also unlock and acquire access to certain Hextech Items using our “Hextech Crafting Store” service offering using Riot Points. 4.2. What are my responsibilities relating to Riot Points? (To verify that all transactions with us are correct, etc.) Riot Points are sold or issued in bundles and the price may vary depending on the amount you purchase and where you’re purchasing. As we feel it necessary we may limit the total amount of Riot Points that may be purchased at any one time, or that may be held in your account in the aggregate. Additionally, price and availability of Riot Points and Virtual Items are subject to change without notice. You’re solely responsible for verifying that the proper amount of Riot Points has been added to or deducted from your account during any given transaction. Please notify us immediately if you believe that a mistake has been made with respect to your Riot Points balance. We’ll investigate your claim, and in doing so, may request some additional info to verify it. 4.3. Do I “own” the Virtual Items I unlock? (No. What you “unlock” is not the virtual item itself, but rather, a qualified right to access it in the Game.) You have no ownership or other property interest in any of the Virtual Items you unlock, regardless of whether you acquired access to those Virtual Items using Riot Points, Blue Essence or Hextech Crafting. Virtual Items have no monetary value. You can’t redeem them for cash. You can’t obtain any refunds for purchasing Riot Points or Virtual Items, except as expressly permitted by us. PLEASE NOTE THAT THE SUPPLY OF RIOT POINTS AND THE PERFORMANCE OF SERVICES BEGINS IMMEDIATELY AFTER YOU COMPLETE YOUR PURCHASE, AND ONCE ACCESS TO THE RIOT POINTS HAS BEEN ENABLED ON YOUR ACCOUNT, THE CONTRACT HAS BEEN FULLY PERFORMED BY US. YOU THEREFORE EXPRESSLY ACKNOWLEDGE, CONSENT AND AGREE THAT YOU LOSE YOUR RIGHT OF WITHDRAWAL WITH RESPECT TO OUR SERVICE OF PROVIDING YOU RIOT POINTS ONCE YOU COMPLETE THE PURCHASE. You can find our current content refund policy online at: (https://support.riotgames.com/hc/en-us/articles/201751864-Content-Refund-FAQ ). We have the right to delete, alter, move, remove, or transfer any and all Game Content—including Virtual Items—in whole or in part, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you. We don’t provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers we operate or control, including any Game Content attributed to your account. The sale or transfer of your right to access certain Virtual Items, Blue Essence, Riot Points or Hextech Items may only be conducted via services approved of or provided by us, if any. 4.4. Once again: I don’t own these Virtual Items? (“No!” shouted all the lawyers.) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF RIOT GAMES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN THE GAME CONTENT THAT YOU UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR RIOT POINTS OR VIRTUAL ITEMS. FURTHERMORE, RIOT GAMES SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME CONTENT, VIRTUAL ITEMS OR RIOT POINTS, INCLUDING THE DELETION OF GAME CONTENT, VIRTUAL ITEMS OR RIOT POINTS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT. 4.5. Can I submit ideas for improving the Game to Riot? (Please don’t. If you do anyways, we’ll have the absolute right to use it forever.) We value your feedback on the Riot Services, but please don’t submit any creative ideas, suggestions or materials to us (collectively, “Unsolicited Ideas”). This policy is aimed at avoiding potential misunderstandings or disputes when the Riot Services might seem similar to Unsolicited Ideas that people submit. If you submit Unsolicited Ideas anyway, then you grant us 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 available to the public, communicate to the public, sell, offer for sale, and import your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, 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 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 us as specified above are valid, effective, and enforceable. You also give up any claim that any use by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set for therein. 5. CODE OF CONDUCT 5.1. Can I troll, flame, threaten or harass people while using the Riot Services? (No. If you do, you might get banned.) While using the Riot Services, you must comply with all laws, rules and regulations in the jurisdiction in which you reside. You must also comply with certain additional rules that govern your use of the Riot Services (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and we reserve the right to modify it at any time, as well as take appropriate disciplinary measures including account termination and deletion to protect the integrity and spirit of the Riot Services, regardless of whether a specific behavior is listed in the policy as inappropriate. In addition to the Code of Conduct, please review the Summoner’s Code (http://gameinfo.na.leagueoflegends.com/en/game-info/get-started/summoners-code/) for additional guidance on exemplary gameplay behavior. The following are examples of behavior that warrant disciplinary measures: i. Impersonating any person, business or entity, including an employee of Riot Games, or communicating in any way that makes it appear that the communication originates from Riot Games; ii. Posting identifying information about yourself or other players to the Website or within the Game; iii. Harassing, stalking or threatening other players while using the the Riot Services; iv. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Riot Games contained in the Website, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights; v. Transmitting or communicating any content which is deemed offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable; vi. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information; vii. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings; viii. Participating in any action which defrauds any other user of the Game, including by scamming or social engineering; ix. Using any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the Software in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and Riot Games and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software to store information; x. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public; xi. Selecting a Summoner name that is falsely indicative of an association with Riot Games, contains personally identifying information, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on Summoner name choices. Riot Games may modify any name which violates this provision, without notification to you, and may take further disciplinary measures, including account termination for repeated violations; xii. Logging out or exiting the Game during live game-play. Riot Games’ automated Leaverbuster® system tracks this data over time and issues a temporary ban when a user is determine to have left mid-game too many times. The length of the temporary ban will increase over time if a particular account continues to leave live game play; or xiii. Playing on another person’s account to “boost” that account’s status or rank. xiv. Inducing or encouraging others to violate this Code of Conduct or the terms of this Agreement 6. USER GENERATED CONTENT 6.1. Am I responsible for the content that I post on/in the Riot Services? (Yes, and we can use what you post.) You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through the Riot Services (“Your Content”). You represent, warrant and agree that none of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Riot Games and Riot Games won’t be liable for any use or disclosure of Your Content. You further represent, warrant and agree that Your Content shall not violate any third-party rights. 7. MONITORING 7.1. Does Riot monitor me while using the Riot Services? (Yes. Please read the Privacy Policy to learn more.) We monitor use of the Riot Services for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior, and improving the Riot Services. Please be sure to read our Privacy Policy for important details about how we process info in connection with your use of the Riot Services. 8. UPDATES AND MODIFICATIONS 8.1. Will this Agreement change in the future? (Yes.) We may (and probably will) create updated versions of this Agreement in the future as the Riot Services and applicable laws evolve. When we do, we’ll ask you to agree to a new agreement which will supersede and replace this Agreement. You’ll be given an opportunity to review any new agreement we present to you and decide whether you wish to agree to the revised terms. If you accept the new agreement, you’ll be able to continue using the Riot Services. 8.2. Will the Riot Services stay the same? (No. Like Kha’zix, they will evolve.) In an effort to improve the Riot Services, you agree that we may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Riot Services, including Virtual Items, and may require that you download and install updates to any software required to support the Riot Services, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Riot Services might change the system specifications necessary to play the Game, and in such a case, you, and not Riot Games, are responsible for purchasing any necessary additional software or hardware in order to access and play the Game. You also understand and agree that we may use background patching to automatically update the Game and Software in our sole and absolute discretion, with or without notice to you. 9. BOARDS AND LINKS 9.1. Can I use the boards? (So long as you have a valid account and act maturely.) If you have a valid, active account, you may use the boards section of the Website (the “Boards”) provided that you abide by the Code of Conduct and any other posted rules. We may revoke your access to the Boards at any time, in our sole and absolute discretion. Use the Boards at your own risk. We reserve the right, but have no obligation, to monitor and police the Boards. We aren’t responsible for the content on the Boards. We will have no liability to you for any harm you may incur by using the Boards. 9.2. What about links in the Riot Services? Are those Safe? (Like Bard’s magical journeys, you might find something dangerous waiting for you on the other side. Proceed with caution….) The Riot Services may contain links to websites operated by other parties. Again, we do not own or operate those other websites. We provide these links to you as a convenience, or other users might be posting these links as user-provided content. Use these links and the corresponding external websites at your own risk. We don’t control the linked sites, and we’re not responsible for the content available there. Such links don’t imply our endorsement of info or material on any other site, and we disclaim all liability with regard to your access to and use of such linked websites. 10. FEES 10.1. Is everything about the Game free? (No.) Some aspects of the Game may require you to pay a fee, and you agree that you’ll provide accurate and complete payment info to us or the third-party payment provider used by us. You further agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for 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. Depending on your region, there may be multiple payment options available to you. You will be directed to choose the payment method you desire and enter the applicable payment information. Your purchase will be complete upon your acceptance of the payment terms (if applicable) and clicking the "pay now" button, at which point a confirmation email will be sent to you. Depending on the payment method you select, you may be redirected to a third-party payment site, and your transaction will be subject to the third party’s payment rules and processes. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Website or in the Game. Riot Games may, in its discretion, maintain transaction records for as long as it is necessary to carry out its business. ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING RIOT POINTS) ARE PAYABLE IN ADVANCE AND AREN’T REFUNDABLE IN WHOLE OR IN PART. YOU’RE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT. 11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT 11.1. What should I do if someone is infringing my copyrighted work on the Website? (Send us a copyright infringement notice.) If you’re a copyright owner or agent thereof and believe that content posted on the Website or elsewhere in the Riot Services infringes upon your copyright, please submit a notice to the Riot Games Copyright Agent (info below) with: 1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner; 2. A description of the copyrighted work that you claim has been infringed; 3. The URL of the location on the Website (or other location within the Riot Services) containing the material you claim is infringing; 4. Your address, telephone number, and email address; 5. 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 6. 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. Riot Games’ Copyright Agent can be reached by mail at: Riot Games, Inc. 12333 W. Olympic Blvd. Los Angeles CA 90064 ATTN: Copyright Agent; or by email at: copyright@riotgames.com. This email address is intended solely for the receipt of copyright infringement notices and not for general inquiries or requests of Riot Games. Attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices and that Riot Games may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. The Privacy Policy does not protect information provided in this notices. 12. WARRANTY DISCLAIMER 12.1. Does Riot make any warranties about the Riot Services? (No. More lawyer shouting incoming! Exceptions in some jurisdictions apply.) THE RIOT SERVICES 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 RIOT SERVICES, INCLUDING, 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 RIOT SERVICES. RIOT GAMES DOES NOT WARRANT THAT THE RIOT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RIOT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE RIOT SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE RIOT SERVICES. FOR THE AVOIDANCE OF DOUBT RIOT GAMES DOES NOT DISCLAIM WARRANTIES FOR INTENTIONAL BREACH OF DUTY. THE WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET OUT BELOW. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you. 13. INDEMNIFICATION 13.1. If someone sues Riot based on my use or misuse of the Riot Services, do I have to pay for Riot’s legal expenses? (Yes.) YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RIOT GAMES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEY FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE RIOT SERVICES, ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT OR THE PRIVACY POLICY, OR ANY INFRINGEMENT BY YOU OF ANY THIRD PARTY’S RIGHTS. Riot Games reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you’ll cooperate with Riot Games in asserting any available defenses. For example, if you use the Riot Services as part of a business operation (something you’re not allowed to do) and we get sued because of what you’re doing, you’ll have to defend us in court and pay for any damages we incur. 14. LIMITATION OF LIABILITY 14.1. Is there a limit on Riot’s potential liability under this Agreement? (Yes.) 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, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE RIOT SERVICES, 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 GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Notwithstanding the aforementioned limitations of liability NOTHING IN THIS AGREEMENT SHALL LIMIT RIOT GAMES' LIABILITY (i) for damage from injury to life, body or health due to negligent breach of duty or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Riot Games or (ii) for other damage arising from a grossly negligent breach of duty by Riot Games or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Riot Games; (iii) for intentional misconduct; (iv) for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by Riot Games ("Cardinal Duties") to the extent that is typical and foreseeable; (v) for any guarantee given by Riot Games to you; and (vi) for any liability under a jurisdiction’s applicable product liability legislation. Because certain states or jurisdictions do not allow for exclusion or limitation of liability for certain types of losses or damages, in such states or jurisdictions, the liability of Riot Games shall be limited to the fullest extent permitted by applicable law. 15. DISPUTE RESOLUTION 15.1. What law applies if we get into a dispute? (Irish law) Except as otherwise provided in this Agreement, this Agreement shall be governed by, and will be construed under, the laws of Ireland, 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. If you access the Game from, and are a resident of, the European Economic Area and you are a consumer, you may have other or additional mandatory rights or remedies by law as set out in this Agreement. 15.2. Ok, so Irish Law applies if we have a dispute. Can we 1 v 1 instead? (No, we should negotiate first.) Disputes can be expensive and time consuming for both parties (justice doesn’t come on swift wings outside Valoran). 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 15.4 below). Your statutory right to initiate a court proceeding in case of a dispute remains unaffected. 15.3. How does negotiation get started? (One of us sends the other one a written notification describing the situation and relief sought.) 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 (e.g. by participating in a promotional or survey, or contacting a customer services representative). Otherwise, Riot Games will send its notice to the email address associated with your Account. You will send your notice to Riot Games Limited, P.O. Box 11989, Dublin 2, Ireland, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim. 15.4. What claims are we agreeing to submit to negotiation? (Depends on the type of dispute) To the maximum extent permitted under applicable law and without limiting your statutory rights to initiate a court proceeding, you and Riot Games agree that the following Claims are not subject to the above provisions concerning negotiations: (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 litigation. 15.5. What remedies are available to Riot Games if I breach this Agreement? (We can look to have you stop or fix the breach.) 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, 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. 16. MISCELLANEOUS 16.1. What can I do if I have questions about the Game or this Agreement? (Until the day we can establish a Yordle call center, you can email us.) If you have any questions concerning these terms and conditions, or if you would like to contact us for any other reason, please contact Riot Games support at support@riotgames.com, or visit the “support” tab on the Website. 16.2. Can either party assign this Agreement? (No. Just us.) 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. 16.3. Is this our entire agreement? (Yes, including those other important policies we talked about earlier.) This Agreement represents the complete agreement between you and Riot Games concerning the Riot Services, and supersedes any prior or contemporaneous agreements between you and Riot Games; provided however that this Agreement shall coexist with, and shall not supersede any other Riot Games policies referenced in this Agreement. 16.4. What happens if a natural disaster interferes with the Game? (Riot isn’t liable.) Riot Games shall not be liable for any delay or failure to perform, including, any failure to perform hereunder due to unforeseen circumstances or cause beyond Riot Games’ control such as acts of god, war, terrorism, hacking, cyber-attacks, bomb-threats, data corruption/loss, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 16.5. Where are the Riot Services operated from? (Ireland) The Riot Services are published and operated by Riot Games in Ireland. 16.6. Does this Agreement mean we’re partners? (Not in a legal sense, no.) 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 Riot Services. 16.7. If I violate this Agreement and Riot does nothing for a long time, does that mean I’m off the hook? (No. We reserve all of our rights.) 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. Any 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. 16.8. If I need to send a legal notice to Riot, where do I send it? (We hope you never need to send us a legal notice, but if you do….) 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 Limited, PO Box 11989, Dublin 2, Ireland, Attn: Legal Department. 16.9. Can I play the Game if the U.S. government thinks I might be a terrorist or I live in an embargoed country? (No.) The Game and Software are developed in the U.S. so you may not use the Riot Services if: (1) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (2) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (3) you’re on any similar list promulgated by an official agency or department of the United States government. You warrant and represent that you’re not located in, under the control of, or a national or resident of any embargoed country. 16.10. If part of this Agreement is invalidated, what happens to the rest? (Like Zac, this Agreement might lose a part or two, but what’s left lives on.) Except as otherwise provided herein, 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 can’t be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. 16.11. Are these silly headings legally binding? (No. These headings are just our lawyers’ way of trying to be engaging and funny. Other lawyers find these headings to be appropriately engaging and funny.) The headings and parentheticals in this Agreement are provided for informational and entertainment purposes only. They have no legal effect whatsoever. 16.12. How long does this agreement last? (For as long as you use the Riot Services or until your account is terminated. Some provisions have been chronoshifted, though, and last forever.) This Agreement begins on the date you first accept it and lasts for as long as you use the Riot Services, as described above. You may terminate this Agreement at any time simply by not using the Riot Services. If you wish to terminate your Account, you must affirmatively do so by notifying Riot Games at support@riotgames.com. Upon termination of this Agreement, your right to use the Riot Services shall immediately cease. However, Sections 3.2, 4.3, 4.4, 4.5, 6, 10, and 12-16 inclusive, shall survive the termination of this Agreement. 16.13 Where we say “including” in this Agreement, is that language limiting? (No.) Whenever we use “including” in this Agreement, we mean “including without limitation.” YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT, AND THAT BY SELECTING THE “ACCEPT” BUTTON OR OTHERWISE USING OR ACCESSING THE RIOT SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.