Last
updated
May 2nd, 2020
These Terms of Use
constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”)
and RuneTiera
("Company
", “we”, “us”, or
“our”), concerning your access to and use of the http://runetiera.com website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these
Terms of Use
. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS
OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of
Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of
these Terms of Use, and you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms of Use are posted.
The information provided
on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use
this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users
who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be directly supervised by, their parent
or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to
these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content and the Marks are provided on
the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you
represent and warrant that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2)
you will maintain the accuracy of such information and promptly update such registration
information as necessary;
(3) you
have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not under the age of 13;
(5) you
are not a
minor in the jurisdiction in which you reside
,
or if a minor, you have
received parental permission to use the Site
;
(6) you
will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (7) you
will not use the Site for any illegal or unauthorized
purpose; and (8) your use of the Site
will not violate any applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the Site (or any portion thereof).
USER
REGISTRATION
You may be
required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- Stripe
You may be required to purchase or pay a fee to access
some of our services. You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an online billing account for purchases made via
the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices
at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at
the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider
for any such amounts upon making your purchase.
If
your purchase is subject to recurring charges, then you consent to our charging
your payment method on a recurring basis without requiring your prior approval for each recurring
charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment. We also reserve
the right to refuse any order placed through the Site.
FREE TRIAL
We offer a 14-day free trial to new users who register with the Site.
The account will be charged according to the user’s chosen subscription
at the end of the free trial.
You can cancel your subscription at any time
by contacting us using the contact
information provided below
. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services,
please email us at akrolsmir@gmail.com
or call us at
4083341853
.
SOFTWARE
We may include
software for use in connection with our services. If such software is
accompanied by an end user license agreement (“EULA”), the terms of the EULA
will govern your use of the software. If such software is not accompanied by a
EULA, then we grant to you a non-exclusive, revocable, personal, and
non-transferable license to use such software solely in connection with our
services and in accordance with these Terms of Use. Any Software and any
related documentation is provided “as is” without warranty of any kind, either
express or implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. You
accept any and all risk arising out of use or performance of any Software. You
may not reproduce or redistribute any software except in accordance with the
EULA or these Terms of Use.
You may not access or
use the Site for any purpose other than that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Site, you agree not
to:
1
.
Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written permission from
us.
USER GENERATED
CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Site and through third-party websites. As such, any Contributions
you transmit may be treated as non-confidential and non-proprietary. When you create or make available
any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of
the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You
have the written consent, release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4.
Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent
overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your
Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate
the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that
solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual
or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision
of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the
foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your
rights to use the Site.
CONTRIBUTION LICENSE
By posting your
Contributions to any part of the Site
, you automatically grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt
(in whole or in part), and distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through any media channels.
This
license will apply to any form, media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on the Site. You are
solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right,
in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to
pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation
to monitor your Contributions.
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY
WEBSITES AND CONTENT
The Site may
contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well
as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted
on, available through, or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of
Use no longer govern. You should review the applicable terms and policies, including privacy and
data gathering practices, of any website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make through Third-Party Websites
will be through other websites and from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused
to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
ADVERTISERS
We allow
advertisers to display their advertisements and other information in certain areas of the Site, such
as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any services provided on the Site or
products sold through those advertisements. Further, as an advertiser, you warrant and represent
that you possess all rights and authority to place advertisements on the Site, including, but not
limited to, intellectual property rights, publicity rights, and contractual rights.
We simply provide the
space to place such advertisements, and we have no other relationship with advertisers.
U.S. GOVERNMENT RIGHTS
Our
services are “commercial items” as defined in Federal
Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on
behalf of any agency not within the Department of Defense (“DOD”), our services
are subject to the terms of these Terms of Use in accordance with FAR 12.212
(for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on
behalf of any agency within the Department of Defense, our services are subject
to the terms of these Terms of Use in accordance with Defense Federal
Acquisition Regulation (“DFARS”) 227.7202‑3.
In addition, DFARS 252.227‑7015
applies to technical data acquired
by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFARS, or other clause or provision that addresses government
rights in computer software or technical data under these Terms of Use.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy:
https://runetiera.com/draft-viewer-help.html
. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these
Terms of Use. Please be advised the Site is hosted in the United States
. If you access the Site from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable laws
in
the United States
, then through your continued use of the Site,
you are transferring
your data to
the United States
, and you agree to have your data transferred to and processed in
the United States
.
Further, we do not
knowingly accept, request, or solicit information from children or knowingly
market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we
will delete that information from the Site
as quickly as is reasonably
practical.
COPYRIGHT
INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or through the
Site infringes upon any copyright you own or control, please immediately notify us using the contact
information provided below (a “Notification”). A copy of your Notification will be sent to the person
who posted or stored the material addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your
copyright, you should consider first contacting an attorney.
These Terms of Use shall
remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify
or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and
your use of the Site are governed by and construed in accordance with the laws of
the State
of
California
applicable to agreements
made and to be entirely performed within
the State of
California
, without regard to its conflict of law principles.
To
expedite resolution
and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute"
and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT
TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website
www.adr.org. Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules.
The
arbitration may be conducted in person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by
either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration
will take place in
Santa Clara,
California
. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in
court rather than arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in
Santa Clara,
California
, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and
forum non conveniens with respect to venue and jurisdiction in such
state and federal courts
. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the
Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any
Dispute brought by either Party related in any way to the Site be commenced more than one
(1) years after the cause of action arose. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may
be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE
IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID,
IF ANY, BY YOU TO US
DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree
to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties
set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected
via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will
maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well
as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You
agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any
complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the
entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does
not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing
by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a
complaint regarding the Site or to receive further information regarding use of the Site, please contact us
at:
RuneTiera
1108 Alderbrook Lane
San Jose
, CA
95129
United States
Phone: 4083341853
akrolsmir@gmail.com