Riot Games Merchandise, Inc.
This Site, Riot Games Store is operated by Riot Games Merchandise, Inc., a Delaware Corporation (“Riot Games”). For purposes of this Agreement (defined below), “you” and “your” mean the user of the computer interacting with the Site.
I. LIMITED USE LICENSE
The Site is available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. The Site and any associated materials (collectively, the “Properties”) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Riot Games, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.
II. USE REQUIREMENTS, SHIPPING, AND RETURNS
In using the Site, you acknowledge that you have read, understand and agree with the terms of this Agreement. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Site.
Our terms of sale are set out in the following link and hereby incorporated by reference: Terms of Sale.
For questions regarding shipping and returns please contact us here: Contact Us
III. GENERAL INFORMATION
A. Eligibility. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of accessing the Site. By entering into this Agreement, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to access the Site. You further agree that you are entirely liable for all activities conducted through on the Site, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Riot Games rules, policies, notices and/or agreements.
THE SITE IS NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES RIOT GAMES KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO RIOT GAMES.
B. Suspension/Termination. RIOT GAMES RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR REMOVE THE SITE OR YOUR ACCOUNT AND TO PROHIBIT YOUR ACCESS TO THE SITE FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. You may cease accessing this Site at any time.
A. Intellectual Property. All rights and title in and to the Properties, and all content included therein (including, without limitation, 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 (defined below), audio-visual effects, character likenesses, and methods of operation) 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. 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 Section, Riot Games does not authorize you to make any use whatsoever of any Riot Games’ or it’s licensors’ 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.
B. Unsolicited 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 technologies, 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.
V. UPDATES AND MODIFICATIONS
B. The Properties. In an effort to improve the Properties, you agree that Riot Games may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties.
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. 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.
VII. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGMENT (DMCA)
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:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
B. A description of the copyrighted work that you claim has been infringed;
C. The URL of the location on the Riot Games Site containing the material that you claim is infringing;
D. Your address, telephone number, and email address;
E. 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
F. 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.
VIII. WARRANTY DISCLAIMER
THE PROPERTIES 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, 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 WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES. 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.
X. 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, 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 SITE TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some 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.
XI. EQUITABLE REMEDIES
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 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 this Section, 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.
XII. NEGOTIATIONS, BINDING ARBITRATION AND GOVERNING LAW
A. 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 XII.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 (e.g. by participating in a promotion 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 Merchandise, Inc., 12333 W. Olympic Blvd., Los Angeles, CA 90064, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
B. 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 XII.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 and either the AAA Rules or the AAA Consumer Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in Section XII.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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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 Site 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. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Site if you access the Site from, and are a resident of, New Zealand. 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.
H. Severability. You and Riot Games agree that if any portion this Section XII is found illegal or unenforceable (except any portion of Section XII.F), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XII.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 XII.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.
A. 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.
B. 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 email@example.com, or visit the “Help” tab on the Site.
C. Entire Agreement. This Agreement represents the complete agreement between you and Riot Games concerning the Site, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and Riot Games.
D. 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.
E. Location. The Site is operated by Riot Games in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
F. 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.
G. 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.
H. 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 Merchandise, Inc., 12333 W. Olympic Blvd., Los Angeles, CA 90064 .
I. 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.
J. 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.
K. Survival. The provisions of Sections IV-XIII shall survive any termination of this Agreement.