THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF") AND Rundevu, WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED SERVICE KNOWN AS Rundevu TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES(COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 13 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 13 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
When we refer to the "use" of the Service in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with any other terms of use applicable to other Rundevu owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.
1. ACCESS TO THE SERVICE
In order to use the Service, you must obtain access to the Internet and pay any
service fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the Internet and to be able to access the digital Content
files. Download and use of software content may be subject to an additional license agreement.
You must be at least 13 years of age to access the Content. Certain areas and functions of the
Service require registration, while other areas and functions do not.
2. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as
prompted by the Service registration process (such information being the "Registration Data").
You further agree that, in providing such Registration Data, you will not knowingly omit or
misrepresent any material facts or information and that you will promptly enter corrected or
updated Registration Data via the Service, or otherwise advise us promptly in writing of any
such changes or updates. You further consent and authorize us to verify your Registration Data
as required for your use of and access to the Service, as applicable. Once registered for the
Service, you shall receive a unique user ID and password in connection with your account
(collectively referred to herein as "IDs"). You agree that you will not allow another person to use
your IDs to access and use the Service under any circumstances. You are solely and entirely
responsible for maintaining the confidentiality of your IDs and for any charges, damages,
liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for
any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your
authorization to allow another person to access and use the Service using your IDs.
Furthermore, you are solely and entirely responsible for any and all activities that occur under
your account including any charges incurred relating to the Service. You agree to immediately
notify us of any unauthorized use of your account or any other breach of security known to you.
You acknowledge that the complete privacy of your data and messages transmitted while using
the Service cannot be guaranteed. A person who completes the registration process for the
Service is sometimes referred to herein as a Registered User.
3. PRIVACY POLICY
Rundevu takes your privacy seriously and operates under the policies and principles outlined in
its Privacy Policy, which contains important information and disclosures relating to the collection
and use of your personally identifiable information in connection with your use of the Service.
Our Privacy Policy is set forth here.
4. USER RESTRICTIONS
4.1 Rundevu will make reasonable efforts to keep the Service operational. However, certain
technical difficulties, routine site maintenance/upgrades and any other events outside the
control of Rundevu may, from time to time, result in temporary service interruptions. Rundevu
also reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, functions of the Service with or without notice. You agree that Rundevu shall not
be liable to you or to any third party for any of the direct or indirect consequences of any
modification, suspension, discontinuance of or interruption to the Service.
4.2 By using the Service, you acknowledge and agree that you have no right to provide any files
obtained through the Service to any other party or through any other means. You agree that you
will not duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical
medium, memory or device now known or hereinafter devised. In addition, you agree that you
will not attempt to, or encourage or assist any other person to, circumvent or modify any
Content protection methods.
4.3 You may not use or allow others to use, your IDs and/or the Service, directly or indirectly,
nor upload, distribute, transmit, communicate, link to, publish or access any data, information or
material through, using or otherwise in connection with the Service, that: (a) is libelous,
defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or
harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or
offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c)
causes duress, distress or discomfort to another or is likely to deter or discourage others from
using the Service; and/or (d) infringes any intellectual property, proprietary rights or
confidentiality obligations of others. You are solely responsible and liable for any such activity,
behavior, use and conduct. We have no liability and you bear the sole and exclusive risk
associated with use of or reliance on the accuracy, quality, completeness, reliability or
usefulness of any data, information or material in connection with your IDs. You also may not
use, nor allow others to use, your IDs, the Service, directly or indirectly, to: (x) attempt to or
actually disrupt, impair or interfere with, alter or modify the Service or any information, data or
materials posted and/or displayed by us or anyone else; (y) act in a way that affects or reflects
negatively on us, the Service, or anyone else; (z) collect or attempt to collect any information
from others including, without limitation, personally identifiable information, without such party's
prior consent. You agree to comply with all local, state, federal laws, statutes, rules and
regulations, as well as any international treaties, which are applicable to your use of the Service.
4.4 You are prohibited from violating or attempting to violate the security of the Service,
including, without limitation: (a) accessing data not intended for you or logging onto a processor,
communications or access device or account which you are not authorized to access; (b)
attempting to probe, scan or test the vulnerability of the Service or to breach security or
authentication measures, regardless of your motives or intent; (c) attempting to interfere with or
disrupt the Service or service to any user, processor, host or network, including, without
limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other
information, including promotions or advertising. Violations of system or network security or this
Agreement may result in civil or criminal liability. We have the right to investigate occurrences,
which may involve such violations and we may involve, provide information to and cooperate
with, law enforcement authorities in prosecuting users who are involved in such violations.
4.5 In some cases, Rundevu derives its rights to use the Content offered on the Service from
third party content owners, other than Registered Users ("Content Providers") for fixed periods
of time. As well, Rundevu is sometimes required to pull certain Content off the Service for legal
reasons. Therefore, certain Content offered or advertised by Rundevu may not be available
when you try to access it, and not all Content is available in all countries or territories.
4.6 You acknowledge and agree to the essential condition that the Content is provided "As Is".
Therefore, you are aware and agree that the Content might not be suitable for your purposes or
satisfy your expectations or requirements with respect to it. You also acknowledge and agree
that the Content could contain errors or other harmful components. Therefore, we recommend
that prior to accessing the Content, you ensure, at your cost, that the Content will suit your
requirements and needs and will not have any negative impact on your computer and/or your
media player system.
5. TERMINATION
5.1 We may terminate this Agreement, restrict, suspend or terminate your use of the Service
immediately and without notice or liability, if you violate, breach or fail to comply with this
Agreement in any way, and it will not limit any other rights or remedies which are available to us.
Without limitation of any other provisions hereof regarding termination, we reserve the right to
terminate your use of the Service, without cause, upon reasonable notice.
5.2 You may terminate this Agreement by ceasing to use Service. Termination is your sole right
and exclusive remedy if you are not satisfied with the Service.
5.3 Termination of this Agreement shall not relieve you of any obligations to pay accrued
charges.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Content available through the Service is the property of Rundevu or its Content
Providers and is protected by copyright and other intellectual property laws. Content received
through the Service may be accessed for your personal, non-commercial use only.
6.2 You acknowledge that Rundevu retains exclusive ownership of the Service and all
intellectual property rights associated therewith. The Service contains proprietary and
confidential information that is protected by copyright laws and international treaty provisions.
Except as expressly provided herein, you are not granted any rights or license to patents,
copyrights, trade secrets or trademarks with respect to the Service or the Content, and Rundevu
reserves all rights not expressly granted hereunder.
You may not:
Frame or mirror any part of the Service without our express prior written consent.
Create a database by systematically downloading and storing all or any Content
Copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-
license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute,
display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or
store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or
exploit in any way, in whole or in part, directly or indirectly, the Service or any related software.
Use any robot, spider, rover, scraper, or any other data mining technology or automatic or
manual process to monitor, cache, frame, mask, extract data from, copy or distribute the
Content (except as may be a result of standard search engine or internet browser usage) or
circumvent the navigational structure or presentation of the Service.
You shall promptly notify Rundevu in writing upon your discovery of any unauthorized use or
infringement of the Service or the Content or Rundevu's patent, copyright, trade secret,
trademarks or other intellectual property rights. Except as expressly provided for herein, any
copy or use of any portion of the Service shall constitute an act of copyright infringement and a
breach of this Agreement. Furthermore, Rundevu may in its sole discretion pursue any other
available rights or remedies at law or in equity for a violation of this Agreement or such copyright
infringement.
6.3 We respect the intellectual property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide our Copyright Agent the
following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been
infringed;
(iii) a description of where the material that you claim is infringing is located on the site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
6.4 The Rundevu logos and other trademarks on the site are the property of their respective
owners and are owned by, licensed to, or, where required, used with permission by Rundevu
and may not be reproduced, copied, or manipulated in any manner without the express, written
approval of the trademark owner
7. REGISTERED USERS
7.1 The Service may, but is not obligated to, offer interactive features that allow Registered
Users to, among other things, submit or post Content (User Generated Content) or links to third
party Content on areas of the Service accessible and viewable by other users of the Service
and the public. If you are a Registered User, you represent and agree that any use by you of
such features, including any User Generated Content or links submitted or posted by you, shall
be your sole responsibility, shall not infringe or violate the rights of any other party or violate any
laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be
obscene, objectionable or in poor taste, and that you have obtained all necessary rights,
licenses or clearances. Registered Users also further agree to provide accurate and complete
information in connection with your submission or posting of any User Generated Content on
the Service. User Generated Content includes, without limitation, message board posts,
blog posts, videos, photos, articles, audio files, applications and any other content whether
copyrightable or not.
7.2 Rundevu does not claim any ownership rights in User Generated Content that you transmit,
submit, display or publish on, through or in connection with the Service. After posting your User
Generated Content on, through or in connection with the Service, you continue to retain any
such rights that you may have in your User Generated Content, subject to the limited license
herein. By posting any User Generated Content on, through or in connection with the Service,
you hereby grant to Rundevu a limited license to use, modify, delete from, add to, publicly
perform, publicly display, reproduce, and distribute such User Generated Content solely on,
through or in connection with the Service, including, without limitation, through the Service to
applications, widgets, websites or mobile, desktop, including, without limitation, distributing part
or all of the Service and any User Generated Content included therein, in any media formats
and through any media channels, and shall constitute a waiver of any rights, ''moral rights,'' or
any similar rights under any jurisdiction.
7.3 The license you grant to Rundevu is non-exclusive (meaning you are free to license your
User Generated Content to anyone else in addition to Rundevu), fully-paid and royalty-free
(meaning that Rundevu is not required to pay you or anyone else deriving rights from you for
the use on the Service of the User Generated Content that you post), sub licensable (so that
Rundevuis able to use its affiliates, subcontractors and other partners such as Internet content
delivery networks and wireless carriers to provide the Services), perpetual (meaning that no
termination of this Agreement will affect the license granted by you), and worldwide (because
the Internet and the Services are global in reach).
7.4 Rundevu reserves the right not to post or publish any User Generated Content, and to
delete, remove or edit any User Generated Content, at any time in its sole discretion without
notice or liability.
7.5 Rundevu has the right, but not the obligation, to monitor any information and User
Generated Content submitted or posted by you or otherwise available on the Service, to
investigate any reported or apparent violation of this Agreement, and to take any action that
Rundevu in its sole discretion deems appropriate.
7.6 Register User Disputes You are solely responsible for any interaction with other users
(registered or not) utilizing the Service. Rundevu reserves the right but shall have no obligation
to monitor disputes between you and any other users of the Service.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS.
WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES
REGARDING THE SERVICE, THE Rundevu SITE AND THE PRODUCTS AND SERVICES
OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NONINFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY WARRANTIES ARISING BY
COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR
WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON
OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE,
RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE
OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES,
MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.
ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Rundevu, ITS
CONTENT PROVIDERS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE
PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE,
REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER
OR NOT Rundevu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or
damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of
litigation or proceedings) arising from, incurred as a result of, or in any manner related to any
claim or action based upon (a) your breach of, or failure to comply with, the terms and
conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by
any other person using your IDs. We may, in our discretion, participate in the defense of any
such claim or action and any negotiations for its settlement or compromise. No settlement which
may adversely affect our rights or obligations shall be made without our prior written approval.
We reserve the right, at our own expense and on notice to you, to assume exclusive defense
and control of any such claim or action and then your corresponding indemnification obligation
will end.
11. CHOICE OF LAW AND CONSENT TO JURISDICTION
The Service is created, operated and controlled by Rundevu in the State of California, United
States of America. The laws of the State of California will govern this Agreement without giving
effect to any principles or conflicts of laws. Any disputes arising under this agreement shall be
the sole jurisdiction of State and Federal courts located in San Francisco, California.
12. OBJECTIONABLE MATERIAL
You understand that by using the Service, you may encounter content that may be deemed
offensive, indecent, or objectionable, which content may or may not be identified as having
explicit language. Nevertheless, you agree to use the Service at your sole risk and that
Rundevu shall have no liability to you for content that may be found to be offensive, indecent, or
objectionable. Content descriptions are provided for convenience, and you acknowledge and
agree that Rundevu does not guarantee their accuracy.
13. PUBLIC COMMUNICATION POLICY
13.1 Rundevu believes in building a caring community based around giving and receiving favors
and will not tolerate antisocial or unlawful behavior in connection with the Service. We expect
you to use only language appropriate for general conversation, with no insulting, racist, obscene
or sexually explicit remarks.
13.2 You are solely responsible for the content of any transmissions you make to the Service or
any User Generated Content you add to the Service (the ''Communications''). You will not use
the Service to: Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise
communicate to the public;
(a) Communications of any kind that are false, unlawful, threatening, tortious, disparaging
(including disparaging of Rundevu, its parent, subsidiaries or affiliates), anything that adversely
affects Rundevu such as discouraging any person or entity from advertising with, linking to or
supplying Rundevu, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes
violence, racial hatred, terrorism, or illegal acts, or are otherwise objectionable in Rundevu sole
discretion;
(b) Communications of any kind that violate, plagiarize, misappropriate or infringe upon the
rights of third parties including, without limitation, copyright (including, offering pirated computer
programs or links to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial registration numbers for software programs, rights
management information or any type of cracker utilities), trademark, patent, trade secret, rights
of privacy or publicity, confidential information or any other proprietary right;
(c) Communications of any kind that contain a virus, Trojan horse, time bombs, worms,
spyware, adware, malware, bots, any automated use of the system, such as scripts, or other
harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the
Service, interferes with, overburdens, impairs or disrupts the Service or servers or networks
connected to the Service, or disobeys any requirements, procedures, policies or regulations of
networks connected to the Service;
(d) Communications of any kind that are false or misleading or that constitute or contain false or
misleading indications of origin or statements of fact, including, without limitation, by forging any
TCP/IP packet header, any part of the header information in any transmission to the Service, or
otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or
from the Service;
(e) Communications of any kind which include any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money,
petitions for signature, or any other form of solicitation;
(f) Communications of any kind that encourage, promote, solicit or commit conduct that would
constitute a criminal offence, give rise to civil liability or otherwise violate any local, state,
national or international law or otherwise make available any material that exploits or harms any
individual, corporation or other entity;
(g) Communications of any kind designed to impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(h) Communications of any kind that disrupt the normal flow of dialogue, cause a screen to
scroll faster than other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges on the Service;
(i) Communications of any kind designed to stalk, abuse, sexually exploit, violently exploit,
groom, act violently toward, threaten or otherwise harass another;
(j) Communications of any kind designed to use or attempt to use another's information,
account, password, service or system except as expressly permitted;
(k) Communications of any kind designed to solicit or collect personal data including telephone
numbers, addresses, last names, email addresses, or any other kind of information about users,
including without limitation, through such means as spidering, screen scraping,database
scraping,harvesting of e-mail addresses, wireless addresses or other contact or personal
information, or any other automatic means of accessing, logging-in or registering on the Website
or for any services or features offered on or through the Website; and
(l) Communications of any kind that undertake any commercial purpose or activity without the
prior written consent of Rundevu, including, for example and without limitation, inserting your
own or a third party advertising, branding or promotional content into the Service (for example,
without limitation, in an RSS feed or a podcast received from Rundevu or otherwise available
through the Service).
13.3 Rundevu reserves the right, in its sole discretion, to terminate your account or take such
other action as Rundevu sees fit in relation to any breach of Rundevu Public Communication
Policy or any of the other terms set forth herein. In extreme cases or as required by law or
regulation, Rundevu reserves the right to take court action and/or report your conduct to the
relevant authorities.
13.4 You acknowledge and agree that any Communications made to or by means of any portion
of the Service are public. You acknowledge that (i) you have no expectation of privacy in any
Communication, and (ii) no confidential, fiduciary, contractually implied or other relationship is
created between you and Rundevu by reason of your transmitting a Communication to any area
of the Service.
14. INFORMATION PROVIDED
You acknowledge that any reliance upon any advice, opinion, statement, or other information
displayed or distributed through the Service is at your sole risk. Rundevu reserves the right, in
its sole discretion and without notice, to correct any errors or omissions in any portion of the
Service, or to deny access to the Service to anyone at any time. You acknowledge and agree
that Rundevu is not responsible for any User Generated Content posted by users of the
Service. Prior to making any decisions based on information posted on the Service, you are
advised to verify the information. Rundevu shall not have any liability arising from your acts or
decisions based upon the information provided on the Service.
15. LINKS TO OTHER SITES
The Service may contain hyperlinks and pointers to other sites on the Internet that may be
maintained by third parties ("Other Sites"). If you use the hyperlinks to access these Other Sites,
you will leave the Service and your browser will be re-directed to the Other Sites. The Other
Sites may have their own terms of use and privacy policy and those Other Sites may have
different practices and requirements than the Service. Rundevu may not have knowledge of,
and is not responsible for, the content, information, services, products or advertisements
presented by any Other Site which you use at your own risk. Rundevu does not warrant or
make any representation regarding the legality, accuracy, quality or authenticity of content,
information, services or products presented by Other Sites. The hyperlinks to Other Sites do not
constitute an endorsement by Rundevu of any Other Site(s) or resources, or their content,
information, services or products. The Service is only providing these links to you as a
convenience. The terms of use and privacy policy of any Other Sites shall apply to your access
and use of them. Rundevu accepts no responsibility for the content or conduct of Other Sites
16. OTHER IMPORTANT PROVISIONS
16.1 Use of the Service is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this Section 18.
16.2 You shall not use the Service in any manner contrary to local, state or federal law.
Rundevu expressly disclaims any and all responsibility or liability for any action by you that is
contrary to such law(s) by you and reserves the right to terminate your Service immediately
upon notice of your failure to comply with any such local, state or federal law.
16.3 Our performance of this Agreement is subject to existing laws and legal process, and
nothing contained in this Agreement is in derogation of our right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the Service or
information provided to or gathered by us with respect to such use.
16.4 If any part of this Agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the Agreement shall continue in effect.
16.5 No failure or delay in enforcing any provision, exercising any option or requiring
performance, shall be construed to be a waiver of that or any other right in connection with this
Agreement.
16.6 You may not assign your rights under this Agreement without our prior written permission
and any attempt by you to do so shall be void from inception.
16.7 This Agreement, together with Rundevu Privacy Policy and any other rules, regulations,
procedures and policies which we refer to and which are hereby incorporated herein by this
reference, constitutes the entire agreement between you and us with respect to the Service and
it supersedes all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between you and us with respect to the Service.
16.8 Any provision which must survive in order to allow us to enforce its meaning shall survive
the termination of this Agreement; provided, however, no action arising out of this Agreement or
your use of the Service, regardless of form or the basis of the claim, may be brought by you
more than one (1) year after the cause of action has arisen (or if multiple causes, from the date
the first such cause arose) and you hereby waive any longer statute of limitations that may be
permitted by law.
17.9 A printed version of this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this Agreement to
the same extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
18. CHANGES OR MODIFICATIONS
We reserve the right to add, delete, change or modify parts of this Agreement at our sole
discretion and at any time without notice or liability to you. If we do this, we will post the changes
to the Terms of Use on this page and will indicate the effective date of the Terms of Use at the
bottom of the page. It is important for you to refer to this Agreement from time to time to make
sure that you are aware of any additions, revisions, or modifications that we may have made to
this Agreement. Your continued use of the Service constitutes your acceptance of the new
Terms of Use.