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Terms Of Use
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Last Updated December 29, 2009 INRUNTIME ACCOUNT TERMS OF USE THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INRUNTIME LTD. BY CLICKING "ACCEPT" ON THIS PAGE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. 1. Welcome to InRuntime Ltd.'s ("InRuntime") online community service (the "Service"). All use of this Service is governed by the terms and conditions contained in this Agreement, including any future revisions (hereinafter referred to as "Terms of Use" or the "Agreement"). Note that InRuntime may also offer other services through the Service that may be governed by different terms of service. For instance, different terms may apply to different features of the Service. Any use of the Service not in accordance with these Terms of Use is expressly prohibited. 2. Eligibility. To be eligible to register an account to use the Service (the "InRuntime Account"), you represent that you are over the age of eighteen (18) years or over the age of majority in your country of residence, or that you are a minor and have obtained consent from your legal representative (parent or guardian) to use the account if you are a resident of the Republic of Korea. 3. Ownership. All title, ownership rights and intellectual property rights in and to the Service, including without limitation the InRuntime Account that you register to use the Service, as well as any rights in and to the Service, including, but not limited to, titles, computer code, themes, objects, character names, stories, dialogue, catch phrases, locations, concepts, artwork, look-and-feel, animations, sounds, musical compositions, audio-visual effects, methods of operation, and any related documentation, "applets" incorporated into the Service, are owned by InRuntime and/or its licensors. The Service is protected by Cypriot and international laws. The Service may contain certain licensed materials, and InRuntime's licensors may enforce their rights in the event of any violation of this Agreement. You acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the sole benefit of InRuntime. 4. Establishing an Account. To register a InRuntime Account, you will be required to provide a valid email address. Additionally, you will be required to select a username and a password that is specific to the InRuntime Account (collectively referred to hereunder as "Login Information"). You shall not share the InRuntime Account or the Login Information with anyone other than as expressly set forth herein. Additionally, you may need to provide additional information to InRuntime to activate certain features of the Service or to register certain of InRuntime's interactive software products that have been enabled for use on the Service ("Enabled Product(s)"). In consideration of your acceptance of these Terms of Use, InRuntime hereby grants, and by using the Service and/or clicking "ACCEPT" below you thereby accept, a limited, revocable, non-exclusive license to access the Service for your personal, non-commercial use. Note that once the InRuntime Account has been established, you may view and/or revise or delete your InRuntime Account information by logging into the account management page at http://inruntime.com/site/account/. It is a material aspect of this Agreement that you provide accurate, up-to-date contact information in order to continue using the features offered on the Service. Failure to maintain the accuracy of your InRuntime Account information may result in your inability to utilize the Service. 5. Registering Enabled Products to play on the Service. Note that from time to time, InRuntime may notify you that certain Enabled Products can be activated for online play on the Service. To register Enabled Products for use on the Service, you will be requested to provide InRuntime with the unique "Authorization Key" from an Enabled Product in the event that the Enabled Product is a CD-ROM or DVD Rom based production that Enabled Product's activation page. Note that the activation of certain Enabled Products for online play will require that you accept an additional terms of use agreement containing terms and conditions which are specific to the Enabled Product ("Product Terms of Use"). In the event of a conflict between the terms of this Agreement, and the Product Terms of Use, the Product Terms of Use shall govern and supersede the terms of this Agreement. 6. Data Protection. InRuntime takes the protection of its user's personal information seriously, and abides by all applicable laws related thereto, including Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and any other relevant regulations and laws promulgated by your country of residence. For further details please see our Privacy Policy on http://inruntime.com/site/legal/privacy/. 7. Location of InRuntime Account Information. Your acceptance of this Agreement is your acknowledgement that you understand and agree that all information collected by InRuntime related to the Service, including information provided during the creation of the InRuntime Account, and/or information that is provided in order to activate certain features of the InRuntime Account is stored on electronic media located in the United States of America, as well as United Kingdom, Greece or Germany and that InRuntime's use of such information shall be governed by InRuntime's Privacy Policy, which may be viewed at http://inruntime.com/site/legal/privacy/. 8. INRUNTIME'S ABSOLUTE RIGHT TO SUSPEND, TERMINATE AND/OR DELETE THE INRUNTIME ACCOUNT. INRUNTIME MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE INRUNTIME ACCOUNT AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. IF YOU ARE A RESIDENT OF A COUNTRY WHICH IS A MEMBER OF THE EUROPEAN UNION, OR IF YOU ARE A RESIDENT OF THE REPUBLIC OF KOREA, THE TERMS AND CONDITIONS CONTAINED IN THIS SECTION MAY NOT APPLY TO YOU. 9. Changes to the Terms of Use Agreement or the Program. InRuntime may, from time to time change, modify, add to, supplement or delete the terms and conditions of this Agreement. If necessary or useful to enhance the Service, to protect you from harm, or if InRuntime provides new services, InRuntime may change or modify access policies, the availability of the Service, hours of availability, content, data and software or equipment needed to access the Service. Those changes will be effective upon prior notice as follows: InRuntime will post notification of any such changes to the Service on the website and will post any revised Terms of Use in this location, and may provide other notice which may include by email, postal mail, pop-up screen, in-application, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your Account and terminate the Account in accordance with Section 11 herein. The continued use of the Service by you following notice of changes to this Agreement will mean you accept any and all such changes. With the notification, InRuntime will remind you that your continued use means that you accept any and all changes. The modified version of the Agreement shall enter into force at the beginning of the first month following the notification, unless InRuntime has received a notification of termination from you by that time. Subject to the conditions set forth in this Section 9, InRuntime may change, modify, suspend, or discontinue any aspect of the Service at any time or impose limits on certain features or restrict your access to parts or all of the Service. 10. Compliance with Legal Process. InRuntime may, with or without notice to you, disclose your Internet Protocol (IP) address(es), email address, and any other information about you and your activities in response to a written request by law enforcement a court order or other legal process. InRuntime may use or disclose your personal information if InRuntime believes that doing so may protect your safety or the safety of others. 11. Information provided on the Service. InRuntime does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of the Service, including, but not limited to, information accessible via hyperlinks on the service. Any and all statements made in forums, conferences, reviews, chat sessions, or otherwise reflect only the views of their authors. 12. Termination. This agreement is effective until terminated by either party. You may terminate this agreement at any time by ceasing all use of the Service and destroying all materials related thereto except, however, products purchased on the Service. Without limitation of the termination rights under Section 8, InRuntime may also terminate this agreement at any time for serious grounds. If you are a resident of a country that is a member of the European Union or the Republic of Korea, note that in the event of a minor breach of this Agreement InRuntime will provide you with notice of your non-compliance prior to terminating the Agreement. If, however, your behavior is utterly unacceptable, in particular if it is illegal or endangers the use of the Service by other users, InRuntime is not required to provide you with such notice. Without limiting the foregoing, a behavior is considered utterly unacceptable in case of disruptive behavior, software modification, cheating and instituting attacks upon a InRuntime server. Moreover, InRuntime reserves the right to report any unlawful activity to the competent law enforcement authorities. 13. Acknowledgments. You hereby acknowledge and agree that: * you will have to bear any and all costs and fees associated with your connection to the Service, including, but not limited to, the costs for your Internet access; * InRuntime may collect certain identifying information about your computer and its operating system, along with "non-personal" data about you and your Internet browsing, without any further notice to you; * you may not institute, assist, or become involved in an attack upon any server of the Service or otherwise attempt to disrupt the servers of the Service. You may not institute any such attack which results in the disruption of any other users of the Service. ANY ATTEMPT BY YOU OR ANY OTHER USER ON AN ACCOUNT TRACEABLE TO YOU TO DAMAGE THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, INRUNTIME RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of the Service. * you are personally responsible and liable for the consequences that may result if you violate the terms of this Agreement, either by yourself or through the acts of others, including without limitation termination of your InRuntime Account. 14. Indemnification. Upon InRuntime's written request, you hereby agree to defend, indemnify and hold harmless InRuntime, its parent, subsidiaries, affiliates, licensees, and distributors from liabilities, claims, expenses, and other losses, including attorneys' fees, to the extend arising from or relating to your material breach of this Agreement and/or your use of a InRuntime Account that does not comply with the terms and conditions contained in this Agreement. InRuntime reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide the defense for such matter. 15. Disclaimer of Warranty. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. INRUNTIME DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. INRUNTIME DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IF YOU ARE A RESIDENT OF A COUNTRY WHICH IS A MEMBER OF THE EUROPEAN UNION, OR IF YOU ARE A RESIDENT OF THE REPUBLIC OF KOREA, THE TERMS AND CONDITIONS CONTAINED IN THIS SECTION MAY NOT APPLY TO YOU. 16. Limitation of Liability. INRUNTIME SHALL NOT BE LIABLE FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR LOSS OF DATA. IF YOU ARE A RESIDENT OF A COUNTRY WHICH IS A MEMBER OF THE EUROPEAN UNION, OR IF YOU ARE A RESIDENT OF THE REPUBLIC OF KOREA, THE TERMS AND CONDITIONS CONTAINED IN THIS SECTION MAY NOT APPLY TO YOU. 17. Dispute Resolution and Governing Law. The manner in which you may seek redress of a controversy or claim related to this Agreement ("Dispute") will vary depending upon your country of residence. Nonetheless, to expedite resolution and control the cost of a Dispute, you and InRuntime agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. InRuntime will send its notice to your billing address and email you a copy to the email address you have provided to us. You may send your notice to InRuntime Ltd., 7 Florinis Str., Greg Tower, 6th Floor, 1065 Nicosia, Cyprus. ATTN: Legal Department. 18. Miscellaneous. The Service is subject to Cyprus export controls, and may not be exported or re-exported in violation of Cypriot laws or regulations. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.