VIRTUAL RACCOON LAB® USER AGREEMENT

This Virtual Raccoon Lab User Agreement ('Agreement') is a legal document that explains your rights and obligations as a User of Virtual Raccoon Lab from The Virtual Raccoon Lab Project SL ('TVRLP'). Please read it carefully.

According to article 10 of Law of Spanish Organic Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (“Ley de Servicios de la Sociedad de la Información y Comercio Electrónico”), we provide you with the following information:

http://www.tvrlp.com and http://www.virtualraccoon.com, are the Web Sites in Internet of the company “The Virtual Raccoon Lab Project”.

The Virtual Raccoon Lab Project, S.L. is a Spanish company with corporate domicile in Calle Valladolid 3, 02001, Albacete (Spain), holder of Spanish Tax Identification Number (CIF) B02587681 and registered with the Commercial Register of Albacete in Volume 976, Sheet 222, Page AB-25776, Inscription 1, email: [email protected]

Users of this portal may contact TVRLP by means of written communication addressed to its corporate domicile or email address, as stated above. SECTION 11 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT. IF YOU ARE A CUSTOMER WITH RESIDENCE IN THE EUROPEAN UNION, SECTION 11 DOES NOT APPLY TO YOU.

1. REGISTRATION AS A USER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT

Virtual Raccoon Lab is an online service offered by TVRLP.

You become a User of Virtual Raccoon Lab ('User') by completing the registration of a Virtual Raccoon Lab user account. This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a User if you are under the age of 14. Virtual Raccoon Lab is not intended for children under 14 and TVRLP will not knowingly collect personal information from children under the age of 14.

A. Contracting Party

For any interaction with Virtual Raccoon Lab your contractual relationship is with TVRLP. Except as otherwise indicated at the time of the transaction (such as in the case of purchases from another User in a Subscription Marketplace), any transactions for Subscriptions (as defined below) you make on Virtual Raccoon Lab are being made from TVRLP.

B. Subscriptions; Content and Services

As a User, you may obtain access to certain services, software and content available to Users. The Virtual Raccoon Lab client software and any other software, content, and updates you download or access via Virtual Raccoon Lab, including but not limited to TVRLP or third-party video games and in-game content, and any virtual items you trade, sell or purchase in a Virtual Raccoon Lab Subscription Marketplace are referred to in this Agreement as “Content and Services”; the rights to access and/or use any Contents and Services accessible through Virtual Raccoon Lab are referred to in this Agreement as 'Subscriptions.'

Each Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to that Subscription ('Subscription Terms') (for example, an end user license agreement specific to a particular game, or terms of use specific to a particular product or feature of Virtual Raccoon Lab).

C. Your Account

When you complete Virtual Raccoon Lab’s registration process, you create a Virtual Raccoon Lab account ('Account'). Your Account may also include billing information you provide to TVRLP for the purchase of Subscriptions, Content and Services and any physical merchandise offered for purchase through Virtual Raccoon Lab (“Hardware”). You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by TVRLP. You are responsible for the confidentiality of your login and password and for the security of your computer system. TVRLP is not responsible for the use of your password and Account or for all the communication and activity on Virtual Raccoon Lab that results from use of your login name and password by you, by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision, or by any other person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify TVRLP via the support form (https://support.virtualraccoon.com) without any delay.

Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms or Rules of Use) or as otherwise specifically permitted by TVRLP.

2. LICENSES

A. General Content and Services License

Virtual Raccoon Lab and your Subscription(s) require the automatic download and installation of Content and Services onto your computer. TVRLP hereby grants, and you accept, a non-exclusive license and right, to use the Content and Services for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Subscription Terms). This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a Virtual Raccoon Lab Account and you may be required to be running the Virtual Raccoon Lab client and maintaining a connection to the Internet.

For reasons that include, without limitation, system security, stability, and multiplayer interoperability, Virtual Raccoon Lab may need to automatically update, pre-load, create new versions of or otherwise enhance the Content and Services and accordingly, the system requirements to use the Content and Services may change over time. You consent to such automatic updating. You understand that this Agreement (including applicable Subscription Terms) does not entitle you to future updates, new versions or other enhancements of the Content and Services associated with a particular Subscription, although TVRLP may choose to provide such updates, etc. in its sole discretion.

B. Beta Software and Early Access License and Early Access to Software

TVRLP may from time to time make software accessible to you via Virtual Raccoon Lab prior to the general commercial release of such software ('Beta Software and Early Access and Early Access'). You are not required to use Beta Software, but if TVRLP offers it, you may elect to use it under the following terms. Beta Software and Early Access will be deemed to consist of Content and Services, and each item of Beta Software and Early Access provided will be deemed a Subscription for such Beta Software, with the following provisions specific to Beta Software:

Your right to use the Beta Software and Early Access may be limited in time, and may be subject to additional Subscription Terms;

TVRLP or any TVRLP affiliate may request or require that you provide suggestions, feedback, or data regarding your use of the Beta Software, which will be deemed User Generated Content under Section 6 (User Generated Content) below; andIn addition to the waivers and limitations of liability for all Software under Section 7 (Disclaimers; Limitations on Liability; No Guarantees; Limited Warranty) below as applicable, you specifically acknowledge that Beta Software and Early Access is only released for testing and improvement purposes, in particular to provide TVRLP with feedback on the quality and usability of said Beta Software, and therefore contains errors, is not final and may create incompatibilities or damage to your computer, data, and/or software. If you decide to install and/or use Beta Software, you shall only use it in compliance with its purposes, i.e. for testing and improvement purposes and in any case not on a system or for purposes where the malfunction of the Beta Software and Early Access can cause any kind of damage. In particular, maintain full backups of any system that you choose to install Beta Software and Early Access on.

C. Ownership of Content and Services

All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by TVRLP and/or the Developers. All rights are reserved, except as expressly stated herein. The Content and Services is protected by copyright laws, international copyright treaties and conventions and other laws. The Content and Services contains certain licensed materials and TVRLP’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.

D. Restrictions on Use of Content and Services

You may not use the Content and Services for any purpose other than the permitted access to Virtual Raccoon Lab and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via Virtual Raccoon Lab without the prior consent, in writing, of TVRLP.

You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and Services to others without the prior written consent of TVRLP, except to the extent expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use); (ii) host or provide matchmaking services for the Content and Services or emulate or redirect the communication protocols used by TVRLP in any network feature of the Content and Services, through protocol emulation, tunnelling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services, without the prior written consent of TVRLP; or (iii) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use).

3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS

A. Payment Authorization

When you provide payment information to TVRLP or to one of its payment processors, you represent to TVRLP that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize TVRLP to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, Virtual Raccoon Lab Wallet funds, Hardware or other fees incurred by you. TVRLP may require you to provide your address or other information in order to meet their obligations under applicable tax law.

For Subscriptions purchased based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription you agree and reaffirm that TVRLP is authorized to charge your credit card (or your Virtual Raccoon Lab Wallet, if funded), or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify TVRLP promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify TVRLP promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.

If your use of Virtual Raccoon Lab is subject to any type of use or sales tax, then TVRLP may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use. The European Union VAT (“VAT”) tax amounts collected by TVRLP reflect VAT due on the value of any Content and Services, Hardware or Subscription.

You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, TVRLP may terminate your access to your Account.

B. Responsibility for Charges Associated with Your Account

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, TVRLP reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before TVRLP will allow you to register again.

C. Retail Purchase

TVRLP may offer or require a Subscription for purchasers of retail packaged product versions or OEM versions of TVRLP products. The 'CD-Key' or 'Product Key' accompanying such versions is used to activate your Subscription.

D. Third Party Sites

Virtual Raccoon Lab may provide links to other third party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to TVRLP. Virtual Raccoon Lab may also provide access to third-party vendors, who provide content, goods and/or services on Virtual Raccoon Lab or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. TVRLP makes no representations or warranties, either express or implied, regarding any third-party site. TVRLP makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.

In accordance with Article 17 of Law 34/2002 of July 12, on Information Society Services and Electronic Commerce (“Ley de servicios de la sociedad de la información y de comercio electrónico”) shall only be responsible for the contents and services provided on the Linked Sites to the extent it becomes aware of the illegality and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content it may inform TVRLP, but in any case, this notification shall entail the obligation to remove said link.

In no case, the existence of Linked Sites involves the existence of agreements with the holders or owners thereof, or the recommendation, promotion or identification of TVRLP with declarations, content or services provided.

4. THIRD PARTY CONTENT

In regard to all Subscriptions, Contents and Services that are not authored by TVRLP, TVRLP does not screen such third-party content available on Virtual Raccoon Lab or through other sources. TVRLP assumes no responsibility or liability for such third-party content. Some third-party application software is capable of being used by businesses for business purposes - however, you may only acquire such software via Virtual Raccoon Lab for private personal use.

TVRLP does not know the content and services of the Linked Sites and, therefore, it not liable for any damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and/or services of the Linked Sites or any other damages that are not directly attributable to TVRLP.

5. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES; LIMITED WARRANTY

FOR EU CUSTOMERS, THIS SECTION 7 DOES NOT REDUCE YOUR MANDATORY CONSUMER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTIONIN PARTICULAR, THOSE CONFERRED BY THE SPANISH ACT NUMBER 1/2007, OF 16 NOVEMBER, ON CONSUMERS AND USERS PROTECTION (“TEXTO REFUNDIDO DE LA LEY GENERAL PARA LA DEFENSA DE CONSUMIDORES Y USUARIOS Y OTRAS LEYES COMPLEMENTARIAS”).

NOTE THAT SECTIONS 5.A, B, AND C DO NOT APPLY TO EU USERS.

FOR NEW ZEALAND USERS, THIS SECTION 7 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED INCLUDING THOSE CONFERRED BY THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993. UNDER THIS ACT ARE GUARANTEES WHICH INCLUDE THAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF THIS GUARANTEE IS NOT MET THERE ARE ENTITLEMENTS TO HAVE THE SOFTWARE REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT OR REFUND). IF A REMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL CHARACTER, THE ACT PROVIDES FOR A REFUND.

Prior to acquiring a Subscription, you should consult the product information made available on Virtual Raccoon Lab, including Subscription description, minimum technical requirements, and user reviews.

A. DISCLAIMERS

TVRLP AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (I) ANY WARRANTY FOR VIRTUAL RACCOON LAB, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, AND (II) ANY COMMON-LAW DUTIES WITH REGARD TO VIRTUAL RACCOON LAB, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. VIRTUAL RACCOON LAB, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, 'WITH ALL FAULTS' AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH VIRTUAL RACCOON LAB, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, OR INFORMATION AVAILABLE IN CONNECTION THEREWITH.

ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE IS EXPRESSLY DISCLAIMED.

B. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TVRLP, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF TVRLP’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE VIRTUAL RACCOON LAB, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL TVRLP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH VIRTUAL RACCOON LAB, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF TVRLP’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF TVRLP’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.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, EACH OF TVRLP, ITS LICENSORS, AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

C. NO GUARANTEES

NEITHER TVRLP NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO VIRTUAL RACCOON LAB, THE CONTENT AND SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.

6. AMENDMENTS TO THIS AGREEMENT

This Agreement may at any time be mutually amended by your explicit consent to changes proposed by TVRLP. Furthermore, TVRLP may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole discretion. In this case, you will be notified by e-mail of any amendment to this Agreement made by TVRLP within 60 (sixty) days before the entry into force of the said amendment. You can view the Agreement at any time at Virtual Raccoon Lab . Your failure to cancel your Account within thirty (30) days after the entry into force of the amendments, will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). TVRLP shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall TVRLP have any obligation to prorate any fees in such circumstances.

7. TERM AND TERMINATION

A. Term

The term of this Agreement (the 'Term') commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.

B. Termination by You

You may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that TVRLP terminate your access to a Subscription. However, Subscriptions are not transferable, and even if your access to a Subscription for a particular game or application is terminated, the original activation key will not be able to be registered to any other account, even if the Subscription was obtained in a retail store. Access to Subscriptions purchased as a part of a pack or bundle cannot be terminated individually, termination of access to one game within the bundle will result in termination of access to all games purchased in the pack. Your cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will not entitle you to any refund, including of any Subscription fees. TVRLP reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.

C. Termination by TVRLP

TVRLP may cancel your Account or any particular Subscription(s) at any time in the event that (a) TVRLP ceases providing such Subscriptions to similarly situated Users generally, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account or a particular Subscription is terminated or cancelled by TVRLP for a violation of this Agreement or improper or illegal activity, no refund, including of any Subscription fees or of any unused funds in your Virtual Raccoon Lab Wallet, will be granted.

D. Survival of Terms

Sections 2(C), 2(D), 3(A), 3(B), and 5 - 8 will survive any expiration or termination of this Agreement.

8. APPLICABLE LAW/JURISDICTION

For All Customers Outside the European Union:

You agree that this Agreement shall be deemed to have been made and executed in the State of Washington, U.S.A., and any dispute arising hereunder shall be resolved in accordance with the law of Washington excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods. Subject to Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) below, you agree that any claim asserted in any legal proceeding by you against TVRLP shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

For EU Customers:

In the event of a dispute relating to the interpretation, the performance or the validity of the User Agreement, an amicable solution will be sought before any legal action. You can file your complaint sending an email at [email protected] with subject 'Complaint'. In case of failure, you may, within one year of the failed request, file an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, or on the European Consumer Center’s website: http://www.europe-consommateurs.eu/index.php?id=2514.

In the event that out-of-court dispute resolutions fail, any disputes that may arise will be subject to the exclusive jurisdiction of the courts of Madrid, Spain.

This shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

11. DISPUTE RESOLUTION

This Section 11 shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section notwithstanding Section 10 (Applicable Law/Jurisdiction), such provisions will not apply to you. IN PARTICULAR, IF YOU LIVE IN THE EUROPEAN UNION, THIS SECTION 11 DOES NOT APPLY TO YOU.

Most user concerns can be resolved by use of our Virtual Raccoon Lab support site at https://support.virtualraccoon.com. If TVRLP is unable to resolve your concerns and a dispute remains between you and TVRLP, this Section explains how the parties have agreed to resolve it.

YOU AND TVRLP AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF VIRTUAL RACCOON LAB, YOUR ACCOUNT OR THE CONTENT AND SERVICES. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.

However, this Section does not apply to the following types of claims or disputes, which you or TVRLP may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.

This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND TVRLP ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

You and TVRLP agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and TVRLP do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or TVRLP may commence an arbitration. Written notice to TVRLP must be sent via postal mail to: ATTN: Arbitration Notice, TVRLP Calle Valladolid 3 bajo, esquina Calle Toledo, 02001 (Albacete).

12. MISCELLANEOUS

Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement, including any Subscription Terms, Rules of Use, the TVRLP Privacy Policy, and the TVRLP Hardware Warranty Policy, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

TVRLP’s obligations are subject to existing laws and legal process and TVRLP may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

You agree to comply with all applicable import/export laws and regulations. You agree not to export the Content and Services or Hardware or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted by the U.S. Bureau of Export Administration. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.

This Agreement was last updated on 25/04/2017 ('Revision Date'). If you were a User before the Revision Date, it replaces your existing agreement with TVRLP or TVRLP SARL on the day that you explicitly accept it. If you prefer to continue using Virtual Raccoon Lab and your existing Subscriptions under the version of the Agreement in effect prior to the Revision Date, you are free to do so.