RUNE LABS, INC.
Last Updated on April 26, 2019
Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Please see Section 13 below.
Please read these Terms carefully as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our sole discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Services prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made.
By browsing, accessing, or using the Services:
Services Are for Informational Purposes Only — Not Medical or Healthcare Advice
The Services are for information purposes only, and do not include and should not be relied on for medical or healthcare advice. Rune Labs is not a medical or healthcare provider and does not provide medical, healthcare or other advice. Nothing contained in the Services is intended to replace the services of a licensed, trained physician or healthcare professional or to be a substitute for medical advice of a physician or trained healthcare professional licensed in your jurisdiction. No action or inaction should be taken based solely on the information made available through the Services. Instead, you should consult with appropriate medical or healthcare professionals on any matter relating to your health and well-being.
We grant you permission to access and use the Services subject to the obligations, conditions, and restrictions set out in these Terms. Your use of the Services is at your own risk. You are responsible for making all arrangements necessary for you to access the Services. In these Terms, a “User” is anyone (including you) who browses, accesses, or in any way uses the Services.
It is a condition of your use of the Services that any information you provide through the Services is correct, current, and complete. You understand and acknowledge that you alone are responsible for any information you provide through the Services, and you, not Rune Labs, assume all risks associated with your information, including anyone’s reliance on its quality, accuracy, reliability, and appropriateness. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own.
Once you have an account on the Services, you are a “Registered User” of our Services. As a Registered User, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose it to any third-party. You agree to immediately notify Rune Labs if you have any reason to believe that your account credentials have been compromised, or if there is any unauthorized use of your account or password or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park, café, or public library, so that others are not able to view or record your access credentials or other personal information.
In order to ensure we can protect and properly administer the Services and our community of Users, we have the right to disable or close any Registered User account at any time and for any reason or for no reason. In these Terms, a “User” is anyone (including you) who browses, accesses, or in any way uses the Services.
You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another User. We encourage you to let us know if you believe another User has violated the Terms or otherwise engaged in prohibited or illegal conduct.
You agree not to use, and will not assist, encourage, or enable others to use, the Services:
Additionally, you agree not to, and will not assist, encourage, or enable others to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
For purposes of these Terms, “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication; “Rune Labs Content” means Content that we create and officially make available or provide in connection with the Services; “Third-Party Content” means Content that originates from parties other than Rune Labs, which is made available in connection with the Services; and “Services Content” means all of the Content that is made available in connection with the Services, including Rune Labs Content and Third-Party Content.
You understand that when using the Services, you may be exposed to Content from a variety of sources, and that Rune Labs is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Rune Labs. Any Third-Party Content is solely the responsibility of the person or entity submitting such Content, and we expressly disclaims any and all liability in connection with such Content.
We own Rune Labs Content, including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Rune Labs Content and the Services, such as patents, patent applications, copyrights, copyrightable works of expression, trademarks, service marks, trade names, rights of publicity and privacy, moral rights, know-how, trade secrets, software and database rights (“IP Rights”), any and all applications, registrations, renewals, or derivatives in connection with the foregoing IP rights, all rights to obtain, register, perfect and enforce these IP rights throughout the world, and any and all actions and rights to sue at law or in equity for any past or future infringement or other impairment of the foregoing IP rights. As such, you may not use, practice, sell, make, offer for sale, have made, import, modify, reproduce, distribute, perform, create derivative works or adaptations of, publicly display, or in any way exploit any of Rune Labs Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and Rune Labs Content are retained by us.
Rune Labs shall be the owner of any data or information collected by Rune Labs in connection with the Services, or derived from such data or information, that has been de-identified in such a way that such data does not reveal any personally identifiable information of the User (“De-identified Data”). Rune Labs may use and disclose De-Identified Data for any purpose.
Rune Labs’ name, Rune Labs’ logo, and all related names, logos, taglines, product and service names, designs, and slogans are trademarks of Rune Labs or its affiliates or licensors. You may not use these names without the prior written consent of Rune Labs. All other names, brands, and marks that may appear on the Services remain the property of their respective owners and appear on the Services for identification purposes only.
By submitting, transmitting, or sending us any ideas, comments, suggestions, documents, proposals, feedback, materials, information or other communication to, through, or in connection with the Services (“User Communications”), you agree that (i) your User Communications does not contain the confidential or proprietary information of any third party, (ii) we are under no obligation of confidentiality, express or implied, with respect to any User Communications, (iii) we may have something similar to the User Communications already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense any User Communications, and you irrevocably waive, and cause to be waived, against Rune Labs and its users any claims and assertions of any moral rights contained in such User Communications.
This Services may contain hyperlinks to third-party or other websites, applications, products or services (“Third-Party Services”). If there are Third-Party Services or other resources linked to on this Services, either by Rune Labs or a third-party, these links are provided only for the convenience of our Users. We have no control over the contents of those Third-Party Services or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Services linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.
Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Rune Labs will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of or the entire Services to Users, including Registered Users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
RUNE LABS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER RUNE LABS NOR ANY PERSON ASSOCIATED WITH RUNE LABS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER RUNE LABS NOR ANYONE ASSOCIATED WITH RUNE LABS REPRESENTS OR WARRANTS THAT THE SERVICES OR SERVICES CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU WAIVE AND HOLD HARMLESS RUNE LABS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RUNE LABS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RUNE LABS OR LAW ENFORCEMENT AUTHORITIES.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY” AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (X) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RUNE LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT RUNE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE SERVICES. THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
As a necessary condition of your use of the Services, you agree to be responsible for the consequences flowing from your use of the Services and any violation of these Terms. Therefore, you hereby agree to defend, indemnify, and hold harmless Rune Labs, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, (i) any use of the Services, Services Content, and any related products, services, or materials other than as expressly authorized in these Terms or your use of any information obtained through the Services, (ii) your violation of any term of these Terms, (iii) your violation of any third party rights, including without limitation intellectual property or privacy rights, (iv) your or your users’ violation of law, (v) your use of any services provided by third party service providers, or (vi) any breach of any of your representations and warranties.
You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
We may close your account, suspend your ability to use certain portions of the Services, or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, Services Content, or any other related information.
These Terms will survive any termination pursuant to this Section 14, whether by you or us, including without limitation our right to use User Communications as detailed in Section 6.
These Terms constitute the sole and entire agreement between you and Rune Labs with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
No waiver of these Terms by Rune Labs shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Rune Labs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Rune Labs’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Any questions, requests for technical support, complaints, claims or other communications relating to the Services should be directed to: email@example.com.