Runestone – a mobile game developer

TERMS OF SERVICE

The terms of this agreement («Terms of Service») govern the relationship between You («you», «user», «your», «yours»), and RUNESTONE LTD and/or its Affiliates («Runestone», «us», «our» or «we») regarding your use of Runestone games, websites, and related services (collectively referred to as «Service»/»Services»). Use of the Service is also governed by Runestone Privacy Policy and any other relevant policies, which are incorporated herein by reference. For purposes of these Terms of Service, the term «Affiliates» means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party. This a legally binding agreement between You and Runestone.

1. GENERAL TERMS

1.1. Agreement

1.1.1. Before accessing or using the Service, including browsing any Runestone website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an «Account»). By registering for an Account or otherwise using the Service, you represent that you are age 16 or older. You accept full responsibility for any unauthorized use of the Services by minors and are responsible for any use of your credit card or other payment instrument by minors.

1.1.2. If you access the Services through a third-party platform like Apple, Google, Amazon and/or from Social Networking Site («SNS») such as Facebook, Google+ etc., you are obliged to comply with the third parties’ terms and conditions as well as these Terms of Services.

1.1.3. BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

1.2. Updates to the Terms of Service and Privacy Policy

1.2.1. Runestone reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service, its Privacy Policy and other relevant Runestone policies at any time by posting the amended terms on the Runestone Service. If we decide to change these Terms of Service or any related policy, we will post those changes on this page. The changes will be effective when posted.

1.2.2. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the current version of our Terms of Service, the Runestone Privacy Policy, or any other Runestone policy relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1.3. Grant of a Limited License to Use the Service

1.3.1. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Runestone policies, Runestone grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

1.3.2. The following restrictions apply to the use of the Service:

a. You shall not create an Account or access the Service if you are under the age of 16. If you are under the age of 16 and use any Runestone Services, you are obliged to stop use Runestone Services immediately and delete your Accounts and any information related to you from the Services. You shall restrict use by minors, and you will deny access to children under the age of 16. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g., PayPal) by minors.

b. You shall not (or attempt to) purchase, sell, rent, or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Runestone, or previously been banned from playing any Runestone game.

c. You shall use your Account and/or Service only for non-commercial purposes; You shall not use your Account and/or the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

1.3.3. Furthermore, you agree that you will not, under any circumstances:

a. Engage in any act that Runestone deems to be in conflict with the spirit or intent of the Service or make improper use of Runestone support services;

b. Use or engage (directly or indirectly) in the use of emulators, cheats, exploits, automation software, bots, hacks, mods, or any software designed to modify or interfere with the Service, any Runestone game or any Runestone game experience or without Runestone express written consent, modify or cause to be modified any files that are a part of the Service or any Runestone game.

c. Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing Runestone games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.

d. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server («Server») used to offer or support the Service or any Runestone game environment.

e. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

f. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the devices, Servers, or networks connected to the Service by any means other than the user interface provided by Runestone, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

g. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

h. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

i. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Runestone employees, including Runestone customer service representatives.

j. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Runestone employee.

k. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information.

l. Reverse, engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Runestone game, or to obtain any information from the Service or any Runestone game using any method not expressly permitted by Runestone or conspire in the aforesaid acts.

m. Solicit or attempt to solicit personal information from other users of the Service or any Runestone game.

n. Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service in any form or medium using our Service.

o. Make modifications to, and rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Runestone Services or the Content, in whole or in part until we have expressly authorized you to do so in writing.

p. Impersonate another person, including without limitation any other user or any Runestone employee.

q. Obtain advantage or information from our Services using methods not permitted by Runestone.

r. Use, display, mirror or frame the Services or any individual element within the Services, Runestone name, any Runestone trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Runestone express written consent.

1.3.4. In any way the aforesaid schedule of misconducts is not exhaustive. Runestone reserves the right to determine what conduct violates or may violate these Terms of Service or any Runestone policy or otherwise may be outside the intent or spirit of these Terms of Service or the Service itself. Any use of the Service in violation of these Terms of Service or any kind of actions set above are strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

1.3.5. NEITHER RUNESTONE NOR ITS LICENSORS, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY RUNESTONE SERVICES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR DEVICE HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE RUNESTONE SERVICES, RESIDES WITH YOU.

1.4. Accessing the Service

1.4.1. By accessing or using the Service you accept and agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an «Account») or have an account with the applications provider for your device. If you are between the ages of 13 and 16, you represent that your legal guardian has reviewed and agreed to these Terms. You must provide all equipment and software necessary to connect to the Service. You are responsible for incurring any expenses to access the Service, including but without limitation internet connection or mobile fees.

1.4.2. If you create a Runestone account within any Runestone Services, you must provide truthful, complete, actual and accurate information to us in creating such account. If there are reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Runestone may suspend or terminate your ability to use or access Runestone Services and refuse any and all current or future use of or access to any or all Runestone Services (or any portion thereof).

1.4.3. Runestone reserves the right to limit the number of accounts a user can establish. This limit is defined by Runestone solely.

1.4.4. You are solely responsible for all your activity while using any Runestone Services and for the security of your device system. You should not reveal, send, or pass by any other way your username or password to any other person.

1.4.5. You agree to indemnify and hold Runestone and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, content providers and any other officials directly or indirectly related to Runestone harmless for any improper or illegal use of any of Services and/or accounts. This includes illegal or improper use by someone to whom you have given permission to use your Runestone account(s) or whom you have negligently allowed to access your Runestone account(s). Runestone reserves the right to terminate your Runestone account(s) if any activity that occurs with respect to such account(s) violates these Terms of Service, Privacy Policy and/or other Runestone policies.

1.5. Suspension and Termination of Account and Service

1.5.1. Without limitation to any other remedies, Runestone may delete, suspend, terminate, limit, modify accounts or access to the services or any portions thereof, if Runestone suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services; with or without any notice to you. Such actions may result in the deleting your account, information, persona, benefits, and in game purchases. Runestone is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and is under no obligation to refund you for any of this.

1.5.2. Runestone may also stop offering and/or supporting the Services including but not limited to any particular game or part of the Services at any time, at which point, your license to use the Services or a part thereof will be automatically terminated. In such event Runestone shall not be required to provide refunds, benefits or other compensation to users in connection with such termination. Such actions may also result in termination of your account, disabling of your access to the Services, or any part thereof including any content that may have or were in the process of submitting.

1.6. Advertisements in Services.

1.6.1. You understand that the Services may contain feature advertisements from Runestone or third parties. Runestone may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as virtual in-game items and/or virtual currency).

1.6.2. Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. Runestone makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Services and will not bear any responsibility for any claim relating to any third-party content, goods and/or services.

1.6.3. The linked sites are not under the control of Runestone and may collect data or solicit personal information from you. Runestone is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Runestone of these linked sites.

2. OWNERSHIP, INTELLECTUAL PROPERTY.

2.1. Games and Service

2.1.1. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Runestone game client, and the Runestone game clients and server software) are owned by Runestone.

2.1.2. Runestone reserves all rights, including without limitation, all intellectual property rights, or other proprietary rights, in connection with its games and the Service. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any intellectual property rights or other proprietary rights.

2.2. Accounts

You acknowledge and agree that you will have no ownership or other property interest in the Account. You further acknowledge and agree that all interest and rights to the Account are and will be owned in perpetuity by Runestone, and only for the benefit of Runestone.

3. USER CONTENT

3.1. Submission of User Content

3.1.1.»User Content» means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Runestone game client or the Service, or that other users upload or transmit, including without limitation any chat text.

3.1.2. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Runestone in accordance with its Privacy Policy.

3.2. Responsibility and Content Monitoring

3.2.1. Runestone assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content in connection with the Service. Our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

3.2.2. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

3.2.3. Runestone reserves the right to take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, including the Privacy Policy or any other Runestone policies, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Runestone. Runestone is entitled in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or take any other necessary actions with User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Runestone chooses, in its sole discretion, to monitor the Service, Runestone nonetheless bears no responsibility for User Content and is not obliged to modify or remove any inappropriate User Content, no compensation will be provided for any ideas, schemes, uses of any information provided. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content and/or take any other appropriate actions.

4. INFORMATION USE BY OTHER MEMBERS OF THE SERVICE

4.1. Public Discourse

4.1.1. Runestone may provide forums, blogs and/or chat features in the Services, where users can post information. Users may post topics of interest, general information, comments, and sometimes even personal information in these mediums. You understand that Runestone is not responsible for any information posted in the Services or whether others will view your information, comments, and topics in the same light.

4.1.2. Please do not submit, upload, write, or transmit any information in the Services you deem to be confidential. Runestone does not and will not bear any responsibility or liability of any use of any such information; no compensation will be provided for any ideas, schemes, uses of any information provided in these medium.

4.2. User’s responsibility for the Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Runestone may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Runestone violates these Terms of Service.

4.3. Your License to Runestone

4.3.1. You hereby grant to Runestone an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into device memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.

4.3.2. You also hereby grant to Runestone the right to authorize others to exercise any of the rights granted to Runestone under these Terms of Service. You further hereby grant to Runestone the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.

4.3.3. Runestone does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Runestone has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

4.4. User Interactions

4.4.1. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the games. Runestone reserves the right, but has no obligation, to become involved in any way with these interactions and/or disputes. You will fully cooperate with Runestone to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting Runestone access to any portions of your Account and any information needed.

4.4.2. If you have a dispute with one or more users, you release us (and Runestone officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You solely bear all kind of responsibilities arising out or connected with such claims, demands and damages. Runestone is not responsible for any consequences of your interactions with other users. You confirm that in the event that Runestone incurs any damages arising out of such disputes You are obliged to reimburse such damages in full amount.

4.5. Disclosure

Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored only in that amount as necessary to provide the Service to you and may be disclosed: (i) when Runestone has a good faith belief that Runestone is required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Runestone, including to enforce our terms of service.

5. PURCHASE TERMS, REFUND AND FEES

5.1. Runestone games may include virtual currencies («Virtual Money»), items or services for use with Runestone games («Virtual Goods») or paid subscriptions for Virtual Money and/or Virtual Goods («Subscriptions»). You agree that once purchased Virtual Money, Virtual Goods and/or Subscriptions have no monetary value and can never be exchanged for real money, real goods, or real services from Runestone or anyone else. You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferrable to anyone else, and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else.

5.2. You do not own Virtual Goods, Virtual Money and/or Subscriptions but instead you purchase a limited personal revocable license to use them — any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.

5.3. You agree that all sales by Runestone to you of Virtual Money and/or Virtual Goods are final, that Runestone will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the Subscription period. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods or Virtual Money from Runestone, you acknowledge and agree that Runestone will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 5.3, a «purchase» is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on Runestone servers.

5.4. Any risk of loss of Virtual Money which you purchase from Runestone is transferred to you upon completion of the purchase as described in paragraph 5.3 above. Any risk of loss of Virtual Money that you receive from Runestone without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on Runestone servers. Any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in Runestone Games) is transferred to you immediately at the time such Game play data is generated.

5.5. The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synchronized between different devices even if you have connected your game play on a device to an account that is linked to either your social network account or Runestone account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Goods which you purchase from Runestone, upon completion of the purchase as described in paragraph 5.4 above; and/or (ii) in other cases, (including Subscriptions) at the time the Virtual Goods are credited or awarded to you.

5.6. If you live in the European Union, Runestone will provide you with a VAT invoice where Runestone is required to do so by law or if requested by you. You agree that these invoices may be electronic in format.

5.7. Runestone reserves the right to control, regulate, change or remove any Virtual Money, Virtual Goods and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.

5.8. Runestone may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. Runestone may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from Runestone or its authorized partners through the Services, and not in any other way.

5.9. Depending on your platform, any Virtual Goods, Virtual Money, or Subscriptions purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

5.10. If Runestone suspends or terminates your account in accordance with these Terms of Service you may lose any Virtual Money, and Virtual Goods and/or active Subscriptions (see paragraph 5.12) that you may have and Runestone will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.

5.11. The charge for any individual item you can purchase via Runestone Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; Runestone has no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges, then you should check with your bank before making a purchase via our Website. Runestone accepts payment via its payment processing partners by credit card, debit card, carrier billing and PayPal only. Runestone payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with Runestone payment processing partners is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible — Runestone will endeavor to fulfill your order immediately at the point of purchase.

5.12. Payment for a Subscription will be charged to your account at the point of purchase and for renewals will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales by Runestone to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.

6. UPDATES TO THE SERVICE

6.1. You understand that the Service is an evolving one. Runestone may require that you accept updates to the Service and to Runestone games you have installed on your device or computer. You may need to update third party software from time to time in order to get access to the Services.

6.2. You acknowledge and agree that Runestone may update the Services and the games, with or without notifying you. You also should consider that such updating may be done in the background with the usage of your device memory and your mobile traffic.

6.3. If you do not agree to these particular terms, you should stop using the Services or games and delete them from your devices.

7. DISCLAIMER OF WARRANTIES

WITHOUT LIMITING RUNESTONE LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICE IS PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. RUNESTONE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION

8.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RUNESTONE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RUNESTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, RUNESTONE IS NOT OBLIGED TO REIMBURSE ANY DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND RUNESTONE EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH RUNESTONE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

8.2. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RUNESTONE OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF RUNESTONE.

8.3. You agree to indemnify, defend and hold Runestone (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service and the Privacy Policy, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

9. APPLICABLE LAW, DISPUTE RESOLUTION

9.1. These terms of service and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the Republic of Cyprus, exclusive of conflict or choice of law rules.

9.2. If a dispute arises between you and Runestone, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at support@runestoneltd.com. You agree that any claim or dispute you may have against Runestone must be resolved exclusively by a Limassol District court located in Limassol, Republic of Cyprus.

10. SEVERABILITY

if any part of these Terms or the Privacy Policy or any other Policy is not enforceable, the rest of these Terms, Privacy Policy or any other Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.

11. MISCELLANEOUS

11.1. Assignment

Runestone may assign or delegate these Terms of Service and/or the Runestone Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Runestone prior written consent, and any unauthorized assignment and delegation by you is ineffective.

11.2. Supplemental Policies

Runestone may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

11.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Runestone Privacy Policy), contain the entire understanding of you and Runestone, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral, or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

11.4. No Waiver

11.4.1. The failure of Runestone to require or enforce strict performance by you of any provision of these Terms of Service or the Runestone Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Runestone right to assert or rely upon any such provision or right in that or any other instance.

11.4.2. The express waiver by Runestone of any provision, condition, or requirement of these Terms of Service or the Runestone Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

11.4.3. Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Runestone shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Runestone.

11.5. Notices

We may notify you via postings on www.runestoneltd.com and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service, or the Runestone Privacy Policy shall be in writing and addressed to: Runestone Ltd,
3 Christodoulou Christodoulou, Agios Athanasios, 4105, Limassol. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

11.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Runestone are of a unique and irreplaceable nature, the loss of which shall irreparably harm Runestone and which cannot be replaced by monetary damages alone so that in the event of any breach or anticipatory breach by you Runestone shall be entitled to injunctive or other equitable relief including but without limitation specific performance (without the obligations of posting any bond or surety or proof of damages) in addition to all other remedies available to Runestone at law or in equity, including but not limited to general, indirect and consequential damages, including lost profit, indemnification for every loss, cost, damage or expense, and other remedies which may be available. The Parties agree that the indemnification of the damages, lost profit, costs shall be made in a full amount. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Runestone game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 8 (if any).

11.7. Force Majeure

Runestone shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Runestone, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Runestone control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

11.8. Partnership

You agree that your use of the Services does not constitute any joint venture, partnership, employment, or agency relationship between you and Runestone as a result of this Agreement.

11.9. Third Parties

No person who is not a party to this Agreement shall have any rights under this Agreement unless such right has been validly assigned to such person in accordance with the terms of this Agreement.

11.10. Language of the Terms

If We provide a translated version of these Terms, Runestone Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.