TERMS OF SERVICE

WELCOME TO LOOTLOCKER, A SERVICE PROVIDED TO YOU BY LOOTLOCKER AB. BEFORE ACCESSING AND USING THE SERVICE, USING THE RELATED SERVICES OR ACCESSING ANY RELATED WEBSITES, PLATFORMS ETC. (THE SERVICE, RELATED PRODUCTS, SERVICES AND PLATFORMS AND WEBSITES HEREINAFTER THE “SERVICE”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND USING THE SERVICE YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN LOOTLOCKER AB AND YOU WHETHER OR NOT YOU ARE A REGISTERED USER OF THE SERVICE. IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 23 AND 24, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS AND USE THE SERVICE. LOOTLOCKER AB RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE SERVICE FOR ANYONE WHO VIOLATES THESE TERMS OF SERVICE. LOOTLOCKER AB MAY DISABLE ACCESS TO THE SERVICE AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.

1. Acceptance

This document (“Terms of Service”) is a legal agreement between you (“You”, “End User” or “user”) and LootLocker AB, a Swedish corporation, with registered and business offices at C/O Bergendahl, Heleneborgsgatan 9 A, S-117 31 Stockholm, Sweden (“LootLocker”) and governs your use of the Service, whether or not you are a registered End User of the Service.

PLEASE NOTE THAT BY ACCESSING AND/OR USING THE SERVICE YOU AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS OF SERVICE. LOOTLOCKER OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SERVICE AND PERMITS YOU TO USE THE SERVICE ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT ACCESS AND/OR USE THE SERVICE.

2. The Service

LootLocker is the game backend for everyone, and unlocks common game and backed systems for all types of teams, regardless of size. LootLocker provides out-of-the-box game systems and services that help game developers make better games. These features range from player and asset management, leveling, currencies, missions, platform integrations, and more. LootLocker can be accessed by logging into your account at www.lootlocker.io.

3. Access to the Service

To access and use the Service you must have a current generation computer or smart mobile phone (“smart phone”) or tablet etc. and Internet access. You must register an account with LootLocker, unless the Service is expressly provided in a form and venue where an account is not required. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. LootLocker reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any currency or value obtained in the Service etc. to another person or entity, unless specifically permitted in writing by LootLocker. Further, you must be 13 years or older to be entitled to access and use the Service. This Service is not intended for children under the age of 13. Children under the age of 13 may not access and use the Service. If you are at least 13 years old but under 18 years of age you need parental consent to access and use the Service and any activities in the Service must be under the legal responsibility of the parents. Any registration by, use of or access to the Service by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of these Terms of Service.

4. Third Party Accounts

If enabled by LootLocker in its sole discretion, you may establish an account with account data provided to LootLocker by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party.

5. Registration and warranties

You acknowledge and agree that you will (a) provide to LootLocker and/or the platform/service providers true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Service and you hereby accept sole responsibility for all activities that occur under your account and/or password. LootLocker, its affiliates and service providers reserve the right to restrict or terminate access to the Service, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.

For information regarding how LootLocker handle the information you transmit through the Service please see the Privacy Policy. Please note that your access to and use of the Service constitutes your acceptance of the Privacy Policy.

6. Products and services

LOOTLOCKER RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE SERVICE, INCLUDING YOUR ACCESS TO THE SERVICE AT ANY TIME. LOOTLOCKER MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE SERVICE NOR DOES IT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE SERVICE MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. LOOTLOCKER MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES.

7. Payment

Certain versions of the Service may be provided as a free to use service where you can access and use certain parts of the Service or Service versions without paying any fees. However other versions of the Service or certain Service levels and features are “premium features” where you must pay a fee or purchase material or access in the Service to use such levels and features etc. Where applicable, You agree to fully pay for the Service, features, levels, versions, purchases, products and services that you have ordered in the Service as well as pay all applicable fees in or related to the Service on transactions between you and third parties like other users, publishers, partners etc. You are responsible for providing LootLocker and/or the platform/service providers with valid credit card information to secure payment. LootLocker and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. LootLocker or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once LootLocker or the platform/service provider have had the opportunity to confirm your purchase.

8. Payment terms

In order to access and use certain services in the Service, premium services, buy and sell products and services from or to third parties etc. you are required to pay certain fees. You can find the current fees and payment terms in the Service or at the platform/service provider’s Service access pages etc. LootLocker and third parties may offer products and services in the Service etc., either for free, for one-time fees or for recurring fees. LootLocker and/or the platform/service providers may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, LootLocker or the platform/service providers may charge you for any such taxes, in addition to any fees. Please note that LootLocker takes no responsibility for products and services in the Service provided by third parties. or any related payment or other disputes with third parties etc.

ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

However, a remaining portion of the payment may be credited in LootLocker’s and/or the platform/service providers’ sole discretion should you decide to upgrade your services. When you purchase the Service and any product or service in the Service or in relation to the Service you authorize LootLocker or the platform/service provider to automatically charge your credit card, PayPal account or invoice you for the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those LootLocker or the platform/service provider are not required to collect) and for all hardware, software, mobile/handheld, Internet access and other costs you incur to access and use the Service. It is your personal responsibility to monitor your data consumption and related costs. LootLocker and/or the platform/service provider reserves the right to change the fees and availability of the Service at any time without notice; provided, however, such price change will not affect your purchase price for orders that LootLocker or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Service for changes in the fees or payment terms.

9. Access

In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, LootLocker or the platform/service provider will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Service and enable you to access and use the Service subject to the other applicable provisions, limitations and restrictions in these Terms of Service. You may upload recordings of yourself using the Service on channels like Twitch.com and YouTube.com etc, provided that such use is done in good taste and does not infringe on the intellectual property rights of LootLocker or reflect negative on LootLocker or the Service. If you do upload recordings of yourself using the Service, you must insert disclaimers stating that you are posting the material without any affiliation with LootLocker or the Service. For example: “This content is not approved, sponsored, paid for, affiliated with or endorsed by LootLocker, affiliates, platform/service providers etc. LootLocker, affiliates, platform/service providers etc. have no responsibility for my posting, claims, opinions etc. If LootLocker or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at LootLocker’s or the platform/service provider’s discretion.

10. Delivery of Products and Services, Updates and New Versions of the Service

LOOTLOCKER PROVIDES THE SERVICE ON AN “AS IS” BASIS. LOOTLOCKER OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE SERVICE THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, LOOTLOCKER OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICE, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR PRODUCT OR SERVICE, AS DETERMINED BY LOOTLOCKER OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.

LOOTLOCKER MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE SERVICE ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE SERVICE (“UPDATES”). UPDATES MAY CHANGE THE SERVICE’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE SERVICE. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO USE THE SERVICE. IF YOU FAIL TO INSTALL THE NEW VERSION WHEN REQUIRED, LOOTLOCKER WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO USE THE SERVICE, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.

YOU ARE NOT ENTITLED TO RECEIVE ANY NEW VERSIONS OF THE SERVICE, OR ANY UPDATES, UPGRADES OR SIMILAR PRODUCTS OR SERVICES UNDER THIS AGREEMENT, BUT LOOTLOCKER MAY, IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO OFFER ANY OR ALL OF THE FOREGOING TO YOU. LOOTLOCKER MAY PROVIDE NEW VERSIONS OR OTHERWISE ENHANCE THE SERVICE AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW VERSION OR OTHER ENHANCEMENT OF THE SERVICE MAY CHANGE THE SERVICE’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE SERVICE. PERIODICALLY, LOOTLOCKER MAY REQUIRE ALL USERS TO MIGRATE TO NEW VERSIONS OF THE SERVICE IN ORDER TO CONTINUE TO USE IT. IF YOU FAIL TO UPDATE THE SERVICE AND INSTALL THE NEW VERSION WHEN REQUIRED, LOOTLOCKER WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO USE THE SERVICE, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.

11. Links to other products and services etc.

The Service, platforms contains advertising and links to other products, services, games, websites etc. provided by third parties like other users, publishers, partners etc. LootLocker may, but is not obligated to, review or evaluate any adverts or games, websites, products, services etc. linked to in the Service or the platforms and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on these games, websites, products, services etc. nor is it responsible for the advertising, products, services or other materials that may appear in or are offered by such adverts, games, products, services, websites, platforms etc. You should carefully review the adverts and respective conditions of use for each of these games, products, services websites, platforms etc. Under no circumstances shall LootLocker be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any advertising, content, material etc. available on such games, products, services, websites, platforms etc. However, End Users are encouraged to report any false, incorrect, misleading, malfunctioning etc. third party adverts, links, products and services, or any third party materials that are in violation of LootLocker’s terms and conditions to LootLocker.

12. Indemnification

Your access to and/or using of the Service constitutes your agreement to defend, indemnify, and hold harmless LootLocker, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Service including related services by a third party with the use of your account.

13. Termination

THESE TERMS OF SERVICE ARE EFFECTIVE UNTIL AMENDED BY LOOTLOCKER IN ITS SOLE DISCRETION. LOOTLOCKER MAY CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY ASPECT OF THE SERVICE AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF THE SERVICE OR ANY FEATURE. LOOTLOCKER MAY CEASE TO PROVIDE THE SERVICE OR ANY OR ALL OF THE PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE SERVICE, TERMINATE THE TERMS OF SERVICE, AND CANCEL ALL OF THE RIGHTS GRANTED TO YOU UNDER THE TERMS OF SERVICE AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY. LOOTLOCKER MAY, BUT IS NOT OBLIGATED TO, COMMUNICATE SUCH TERMINATION TO YOU IN ANY OF THE FOLLOWING MANNERS: (I) IN A NOTICE IN THE SERVICE; (II) VIA ELECTRONIC MAIL; (III) IN THESE TERMS OF SERVICE, OR (IV) IN ANOTHER MANNER THAT LOOTLOCKER DEEMS SUITABLE TO INFORM YOU OF THE TERMINATION. IF LOOTLOCKER TERMINATES THE SERVICE, YOU WILL NOT RECEIVE A REFUND OF PAID FEES. IN THE EVENT OF ANY TERMINATION HEREUNDER SECTIONS 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, 28 AND 29, OF THESE TERMS OF SERVICE WILL SURVIVE TERMINATION.

14. Disclaimers and limitations of liability

THE SERVICE IS PROVIDED BY LOOTLOCKER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOOTLOCKER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, LOOTLOCKER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE SERVICE, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE SERVICE WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE SERVICE, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF LOOTLOCKER, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH LOOTLOCKER PROVIDE RULES FOR USER CONDUCT AND POSTINGS, LOOTLOCKER DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE SERVICE AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE SERVICE OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. LOOTLOCKER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.

THE OPERATION AND FUNCTIONS OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LOOTLOCKER, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LOOTLOCKER, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “LOOTLOCKER” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR OTHERWISE FROM LOOTLOCKER OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LOOTLOCKER’S RECORDS, PROGRAMS, OR SERVICES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE SERVICE. LOOTLOCKER TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LOOTLOCKER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICE OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOOTLOCKER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF SERVICE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.

15. Special disclaimer and limitation of liability for products and services

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT LOOTLOCKER SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE SERVICE OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LOOTLOCKER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LOOTLOCKER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LOOTLOCKER OR A LOOTLOCKER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.

LOOTLOCKER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE SERVICE OR IN RELATION TO THE SERVICE, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND LOOTLOCKER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOOTLOCKER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE SERVICE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, OR DEFECT IN OR CAUSED BY THE SERVICE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOOTLOCKER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF SERVICE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.

16. Seizure warning, motion sickness etc.

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights online / in digital services. Exposure to certain light patterns or backgrounds on a video monitor or handheld device may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. LootLocker takes no responsibility for such effects in the Service and advertising related to the Service and end results thereof and you are accessing and using the Service and seeing the advertising on your own risk. Nor does LootLocker take any responsibility for motion sickness, any balance problem etc. that may occur from the using of the Service or seeing the advertising etc.

17. Trademarks and Service Marks

The names, logos, characters, brands and product and service names appearing in the Service and related services are trademarks/service marks or registered trademarks/service marks of LootLocker or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.

18. Intellectual Property Rights

You acknowledge and agree that all content, design elements, and materials available in the Service, for example computer codes, graphics, logos, designs and service names (“LootLocker Content”) are owned by LootLocker and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of LootLocker and/or its partners and licensors. LootLocker and its partners and licensors retain all right, title and interest in and to the LootLocker Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any LootLocker Content in any form or for any means, unless expressly permitted in this Agreement. LootLocker's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LootLocker. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit LootLocker Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Service or LootLocker Content. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against LootLocker any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.

Except for any LootLocker or third party materials therein, You will own any and all right, title and interest in any materials that You create, transmits, posts or uploads etc. while using the Service, unless stated otherwise in the Service or this Agreement.

19. Prohibited use

You agree to abide by all applicable laws and regulations when using the Service. Your continued access to the Service and right to use the Service is subject to proper conduct. Without limiting LootLocker’ rights to control the Service’s environment, and the conduct of the End Users within that environment, LootLocker prohibits the following practices that LootLocker has determined detract from the overall user experience and you are strictly prohibited from:

1) Taking any action that imposes an unreasonable or disproportionately large load on the System of the Service;

2) You may use your own or third-party software to modify any of your content that you create, transmits, posts or uploads etc. while using the Service, but you may not use your own or third-party software to modify the Service, its environment or change how the Service is used or services used;

3) Use of your own or third-party software or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Service may be used by others in ways other than those intended by LootLocker;

4) Disrespecting the rights of others and their rights to use and enjoy the Service. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other users;

5) When naming any character, team, etc. you may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;

6) You may not post or communicate any information in the Service any sensitive, financial information or posting related information in the Service or other permitted websites without the user’s and our prior written consent;

7) You may not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications, without the prior written consent of each other user that you intent to send an email to and only upon the general permission from LootLocker;

8) You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

9) You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;

10) You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of LootLocker;

11) You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;

12) You may not impersonate any LootLocker representative, employee, consultant, partner etc;

13) You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;

14) You may not violate or encourage others to violate any local, state, national, or international laws or regulations;

15) You may not market, promote, advertise, or solicit products or services in the Service that violates LootLocker’s guidelines or this Agreement;

16) You may not modify any part of the Service, or Server Clients, Servers etc;

17) You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Service;

18) You may not use the Service for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Service;

19) You will follow the instructions of authorized personnel in or related to the Service;

20) You may not organize nor be a member of any pledges or groups within the Service that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;

21) You may not provide false information or intentionally hide any information when registering for your account in the Service;

22) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Service;

23) You will not exploit any bug in the Service and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Service. Bugs should be promptly reported support@lootlocker.io.

24) You will not attempt to use the Service on any server or platform that is not controlled or authorized by LootLocker, its designees or platform/service providers;

25) You will not create, use, or provide any server emulator or other site where the Service may be used, and you will not post or distribute any utilities, emulators or other software tools related to the Service without the express written permission of LootLocker;

26) You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

27) Using LootLocker’ copyrights or trademarks or any confusingly similar marks;

28) Uploading invalid data, viruses, worms, or other software agents to the Service;

29) Collecting information from other End Users without obtaining their consent; or

30) Breaching or violating the terms and conditions or other rules of the third party products, services, games etc. offered in or in relation to the Service by third parties.

31) Otherwise use the Service in any manner that breaches the terms and conditions of the Terms of Service or the Privacy Policy.

If you post recordings of your using of the Service on platforms/channels/sites such as, but not limited to Twitch.com, YouTube.com etc. you shall refer to the name of the Service and give LootLocker credit as the developer of the Service. Such recordings and postings shall be done in good taste.

LootLocker and the platform/service providers can close down your account and stop your access to the Service for any reason, at any time, without notice, including, but not limited to if we believe that You violate these Terms of Service, the Privacy Policy, our policies etc.

20. Communication and Feedback

LootLocker may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Service, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Service, payment methods etc. LootLocker may occasionally ask you to provide information on your experiences of using the Service etc. which will be used to improve the quality and provision of the Service etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to LootLocker. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to LootLocker, you agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to LootLocker and acknowledge that LootLocker may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from LootLocker by following the specific instructions in promotional messages or by our customer support at support@lootlocker.io. These communication choices do not apply to mandatory service communications that are considered part of the Service. which you may receive periodically.

21. Electronic communications

When you use the Service or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Service or by any other means LootLocker finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Service or otherwise) satisfy any legal requirement that such communications be in writing.

22. Disputes

Disputes between you and LootLocker

OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST LOOTLOCKER, YOU AGREE TO FIRST CONTACT LOOTLOCKER AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO LOOTLOCKER. THE NOTICE TO LOOTLOCKER MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 30 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL OR BUSINESS ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU AND LOOTLOCKER CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 23-26.

User disputes

You are solely responsible for your interactions and transactions with other users of the Service and third parties. We reserve the right, but have no obligation, to monitor disputes between you and other users.

23. Arbitration

If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor LootLocker can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform LootLocker in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your Service account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: LootLocker AB, C/O Bergendahl, Heleneborgsgatan 9 A, S-117 31 Stockholm, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.

24. Class action waiver

YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

25. Claims

YOU AND LOOTLOCKER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

26. Governing law

(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the District Court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.

(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Service that is not subject to mandatory arbitration as set forth above in section 23 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

(c) Notwithstanding anything to the contrary, LootLocker may apply to any court of competent jurisdiction for injunctive or other equitable relief.

27. Severability

If for any reason any provision of the Terms of Service shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

28. Modification

LootLocker reserves the right, at its discretion, to update or revise the Terms of Service at any time. LootLocker will post such changes in the Service (i.e. the LootLocker interface) or email etc. and these additional or revised terms will become part of the Terms of Service. Please check this Terms of Service document periodically for changes. Your continued using of the Service constitutes your binding acceptance of the Terms of Service, including any changes or modifications made by LootLocker as permitted above.

29. Entire agreement, Assignment

These Terms of Service constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. LootLocker may assign its rights under the Terms of Service without notice to you. You may not assign Your rights under the Terms of Service.

30. Disclosure

The Service and related products and services hereunder are offered by LootLocker AB, a Swedish corporation, with registered and business offices at C/O Bergendahl, Heleneborgsgatan 9 A, S-117 31 Stockholm, Sweden. If you have questions or concerns about these Terms or Use, contact us at: legal@lootlocker.io

Last Updated: March 22, 2019.