Terms of Service

 

Terms of Service

 

This agreement ("Agreement") governs your access and use of http://runt.ly and http://runtly.com (collectively, the "Site") and any services provided by us in connection with the Site (including without limitation APIs or other interfaces) (collectively, the "Services"). By using or accessing the Services (including, without limitation, use as an unregistered guest), you agree to become bound by all the terms and conditions of this Agreement. For purposes of this Agreement, the terms "we" or "us" refers to the owners and operators of the Site and any successor in interest thereto.

 

Basic Terms

 

You will not use the Site unless you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or laws of the applicable jurisdiction.

You will not submit any content or take any other action that infringes on the rights of a third party. We may (but are not obliged to) remove any content that is posted or submitted to the Site if we believe that it infringes on the rights of any third party or violates applicable law. We further reserve the right to remove any content posted, shared or submitted on or to the Site for any reason or for no reason.

Note: We typically (but are not obligated to) delete guest submissions after about 30 days. If you would like your content to remain on the Site for longer than 30 days, then you may wish to register and log in.

You will not post, share or submit unauthorized commercial messages (e.g. spam) or any content that is hateful, threatening, pornographic,

You will not attempt to access or tamper with non-public areas of the Site or of our computer systems or attempt to do anything that could impair the proper operation or maintenance of the Site (e.g. denial of service attacks).

 

License

 

You retain your rights to any content that you submit or display on the Site or through the Services. By adding content on the Site you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, adapt, modify, publish, transmit, display and distribute such content in any media or distribution methods (now known or later developed). You agree that this license includes the right for us to share such content with third parties, with no compensation paid to you. You represent and warrant that you have the right power and authority necessary to grant the rights granted herein.

In consideration for us granting you access to and use of the Services, you agree that we and our partners, affiliates and designated third parties, may display advertising on the Site and offer other advertising or promotional products in connection with the Services, alongside or in connection with content or submissions supplied by you. You agree that you will receive no compensation in connection with such adverting or promotion.

 

As-is Basis

 

The Site and Services are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We makes no representations or warranties of any kind with respect to the Site or the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, PROPRIETORS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.Our collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

 

Miscellaneous

 

This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign this Agreement in whole or in part at any time without your consent.

This Agreement is the entire and exclusive agreement between you and us regarding use of the Site that supersedes and replaces any prior agreements between you and us regarding use of the Site or the Services (excluding any services for which you have a separate written agreement with us that is explicitly in addition to or in place of this Agreement). 

This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.

This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania without regard to the conflict of laws provisions thereof.