Runeterra AR+ Subscriber Agreement
Updated: October 28, 2021
For your convenience, this subscriber agreement (the “Subscriber Agreement” or the “Agreement”) sets forth the terms and conditions for the use of the Runeterra AR+ Service (the “Service”).
The Subscriber Agreement contains common terms and conditions which are common for both Services, as well as certain specific terms and conditions which only apply to one of the Services as indicated in each case in the relevant sections. Both the common and the specific terms and conditions are clearly identified.
For the avoidance of doubt, when the Subscriber Agreement refers to any one of the Services by its name, such reference must not be interpreted to include the other Service.
The acceptance of the Subscriber Agreement does not entail, and must not be interpreted as entailing, the provision of a service which you have not previously requested. The acceptance of the Subscriber Agreement is limited to the Service offer you have requested and subscribed to.
PLEASE READ THIS SUBSCRIBER AGREEMENT CAREFULLY BEFORE USING THE Runeterra AR+ SERVICE.
By clicking “Agree & Continue” during the registration process or accepting any changes to this Subscriber Agreement in the manners described herein, you agree in full and without reserves to this Subscriber Agreement and Privacy Policy and confirm your agreement by using any element of the Services. If you do not agree to this Subscriber Agreement, you may not use the Services.
We may amend this Subscriber Agreement at any time as we solely deem necessary. Any amendments materially affecting your rights or obligations will be effective thirty (30) days following our dispatch of a notice to you at the email address you register with your membership. If for any reason the email address you provided is not able to receive notifications from Runeterra AR, we will send you a notice through the Service. If you do not agree to any change to this Subscriber Agreement in the manner mentioned above, you may cancel your subscription to the Service according to the terms and conditions specified under paragraph 2 below. Furthermore, certain elements of the Service may change at any time without notice, for example for purposes related to technical evolutions, provided that there is no price increase and no alteration of quality or substantial modification of the functionalities of the Service.
Our customer service representatives are not authorized to modify any provision of this Agreement or other associated terms, either verbally or in writing.
TERMS AND CONDITIONS COMMON TO THE SERVICES
List of Terms and Conditions:
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Your Information
6. Suspension and Termination
7. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the Service (collectively, the "Territory") are eligible to register as users of a Service account. You must be of legal age to purchase the Service. Minors and those lacking legal capacity to enter into contracts, companies, associations and other legal entities may not register for the Service or use the Service and are not permitted to provide personal information to Runeterra AR. As a subscriber, you will be responsible for all acts of those at your care while using the Service. By accessing and using the Service you agree and confirm that you are of legal age and capacity to register and subscribe for the Service. The Service is available to individuals for their personal, noncommercial use only.
b. Registration and Security. Only individuals that register for a Service account, provide certain information (e.g., a valid email address), and agree to the Subscriber Agreement are eligible to use the Service.
You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Service account. However, if you allow others to access your Service account, this Agreement applies to their access, use, and disclosure of information. You agree to immediately notify Runeterra AR of any unauthorized access to your Service account. Runeterra AR will not be responsible for any losses arising from the unauthorized use of your Service account.
c. Notices. Any notices Runeterra AR delivers to you may be made as follows: (i) by email to the last email address provided by you and/or (ii) by posting a notice on the Service. You agree to receive such notices and all the information regarding the essential characteristics of the Service in digital format and to provide and maintain accurate, current and complete information, including your contact information, for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.a.
d. Internet Access. In order to access the Service, you must have Internet access, bearing the costs of your access and connection provider.
e. Other Terms. You represent and warrant that, when accepting the Subscriber Agreement, you have read and acknowledge the Services´ Privacy Policy.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. Your subscription to the Service includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless you cancel it in accordance with the instructions for cancellation below without penalties or additional charges for early termination. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless timely cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would next be billed on February 28). We reserve the right to change our pricing. In the event of a price change, we will notify you no less than thirty (30) days in advance of the change by sending an email to the email address you have registered for your Service account. If for any reason the email address you provided is not able to receive notifications from Runeterra AR, we will send you a notice through the Service. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that notice and further below herein, and the cancellation will take effect at the end of the current billing period or free trial, if applicable, in case you cancel it during such period. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.
b. Free Trials. Your Service subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available to those subscribers who have not previously used one for the Service. You hereby agree and authorize for your first payment to be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
c. Subscription Amendment; Cancellation, Refund Policy and Withdrawal Right. You may alter your personal registration information, as well as access said data, at any time. You can cancel your subscription at any time before the end of the current billing period or free trial. You may have a statutory withdrawal right beginning from the day of acceptance of this Agreement depending on the laws applicable in your country, which you may exercise by using the withdrawal form attached in Appendix 1 or any other written statement clearly expressing your intent to withdraw, and that you must communicate in the available forms found at https://runeterra.ar/support. Apart from this, you have a contractual cancellation right that will take effect at the end of the current billing period or free trial. To cancel your Runeterra AR+ Service subscription, navigate to www.runeterra.ar/settings/plus and click "Cancel Subcription" or contact our Help Center. Please visit our Help Center for further instructions on how to cancel a Service account obtained via a third party. Cancellation will only take effect at the end of your current billing period (or end of your free trial in case you cancel the Service during such period), and you will still be able to access the Service until then. We do not refund or credit for partially used monthly or annual billing periods. If you cancel your pre-existing Service account, and if the feature is available on the Service, you will be able to restart/reactivate your Service account before your billing period ends. Please note that any and all benefits of your cancelled Service account, including but not limited to promotional offers, may no longer apply once you restart your account, and you will be charged the then-current price for the Service, which may differ from the price applicable at the time of cancellation. The Service may also be cancelled by Runeterra AR if you make use of it in violation to any conditions of this Agreement and related policies and documents.
d. Cancellation and Refund Policy in Case of Amendments to the Agreement. In the event of an amendment to this Agreement materially affecting your rights and obligations hereunder, different from a price change which is governed by section 2.a and from a technical evolution as stated in the preamble, we will notify you no less than thirty (30) days in advance of the amendment by sending an email to the email address you have registered for your Service account. If for any reason the email address you provided is not able to receive notifications from Runeterra AR, we will send you a notice through the Service. If you do not wish to accept the amendment, you may cancel your subscription in accordance with the instructions included in that notice and below. If you do not agree to any such amendment to this Agreement, you must discontinue using the Service and, consequently, if you do not cancel your subscription before the amendment takes effect, you accept the amendment.
Starting from the date of your cancellation, you will not be able to access the Service and we will provide you with a prorated refund for the period of time between the date of your cancellation and the end of the billing period. In this case, should you have paid a discounted fee for the annual subscription, the amount to be refunded will be calculated on the basis of this discount. In order to request said refund, you should follow the instructions set forth in the notice provided to you briefly indicating the reasons for such request.
e. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Service subscription.
f. Subscriptions Obtained Through Authorized Third Parties. If you obtain a Service subscription via an authorized third party (e.g., an app store), that subscription is also subject to that third party’s terms, and the provisions in this Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable authorized third party’s terms. For subscriptions obtained via an authorized third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Service subscription will be billed by the applicable third party using the payment information you have provided to such authorized third party. To cancel a Service subscription obtained via a third party, please follow the cancellation instructions set out by that third party. You can visit our Help Center for instructions on how to cancel a Service subscription obtained via a third party.
g. Bundled Subscription Options. We may offer a Service subscription bundled with other subscription services, including subscriptions to authorized third-party products and services. Notice of the terms of the bundled subscription options will be provided to you at the time you register. Third-party subscriptions, products, and services are governed by terms and conditions issued by those third parties.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Subscriber Agreement, Runeterra AR grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sub licensable right to do the following:
i. Install and make non-commercial, personal use of the Service; and
ii. Receive streams of or temporarily download materials protected by copyright, trademarks, domain names or other intellectual or industrial property laws, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the “Content”) that are available to you from the Service.
This Subscriber Agreement grants you a license in the above-mentioned terms and shall not be interpreted as an agreement for sale or assignment of any rights in the Content or the Service. The purchase of a license to stream or temporarily download any Content does not create an ownership interest in the Content or the Service. Such Content and Service, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Content applicable in the Territory or elsewhere, is owned by Runeterra AR, its affiliates and/or other licensors, and is protected by copyright, trade mark law, utility models, industrial property, domain name and/or other applicable intellectual property laws and treaties.
b. Restrictions on your use of the Content. You agree that as a condition of your license, you may not and agree not to:
i. Circumvent or disable any content protection system or digital rights management technology used in connection with the Service to control access to the Content;
ii. Copy, replicate or fix the Content (except as expressly permitted by this Subscriber Agreement);
iii. Rebroadcast, transmit or perform the Content available via the Service through any means or procedures;
iv. Create derivative works of the Content; or
v. Create derivative works of any Runeterra AR owned components of the Service, any updates, or any part thereof;
vi. Bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Service;
vii. Access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
viii. Damage, disable, overburden or impair the Service;
ix. Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement;
x. Share your login credentials, including without limitation your username and password, with third parties;
xi. Provide inaccurate, false or incomplete personal information;
xii. Breach or intend to breach the Service security, including without limitation: evaluating or testing the vulnerability of a system or network, breach the security or identification measures; prevent access to the Service to other users, host or network in any manner; false any TCP/IP package or any part of the information of an email address; or
xiii. Otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in sections 3.b and 3.c above is a violation of the rights of Runeterra AR and the copyright holder and may result in civil and criminal liabilities.
4. SERVICE USAGE TERMS
a. Compatible Devices. Use of the Service requires compatible devices, and certain software may require periodic updates, and your use of the Service may be affected by the performance of these devices, software or other elements outside our control. You can access the Content with almost any Internet-connected computer or through the Service application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Center. You can add a Compatible Device to your Service account by downloading the Service application to the Compatible Device and by signing into your Service account through the application.
b. Internet Connection. You must have a high-speed Internet connection in order to access and use certain aspects of the Service. The quality of your access to the Content and the Service may be affected by aspects related to your internet connection and speed, bandwidth available at the moment and place of access and your location when accessed through mobile devices.
c. Future Unavailability. It is possible that the Service may not be available during any maintenance or update periods, (ii) any power or server outages; (iii) as a result of armed conflict, war, riots, strikes, social unrest, epidemic, pandemic, quarantine; or (iv) as a result of governmental or other agencies´ applicable acts, whether in emergency or other, unforeseen or force majeure events, or other matters beyond the control of us or third parties. Runeterra AR will take reasonable efforts to provide you with as much prior notice as possible whenever this is not publicly available information. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Service. We will do our best to let you know of any of these changes, usage rules and restrictions, but you hereby acknowledge and agree that we may do so at our sole discretion without prior notice. You agree that we will not be liable, except in cases of gross negligence or willful misconduct on our side, to you for any modification, suspension or discontinuance of the Service, although if you are a subscriber and we suspend or discontinue your subscription to the Service, we may provide you with a credit, refund, discount or other form of consideration at our sole discretion. However, if we terminate your account or suspend or discontinue your access to the Service due to your violation of the Subscriber Agreement, then you will not be eligible for any credit, refund, discount or other consideration.
d. Promotional and Experimental Features. In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of the Service shall be governed by this Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
6. SUSPENSION AND TERMINATION
a. When accepting this Agreement and creating your Service account, you agree that Runeterra AR may restrict, suspend, or terminate your access to part or all of the Service and to any Content if Runeterra AR believes you are using or have used the Service in violation of the Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. If so, we will notify you in advance by sending an email to the email address you have registered for your Service account. In such case, you will have no right to compensation or refund of any kind. Without limiting the foregoing, Runeterra AR may restrict or suspend your access to your Service account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Runeterra AR reasonably believes that your Service account has been created fraudulently, your Service account has been accessed fraudulently, or anyone uses your Service account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Runeterra AR also reserves the right, after notice to you, to terminate any Service account that remains inactive for one year (failure to log in to the Service will constitute inactivity for purposes of this Subscriber Agreement).
b. When accepting this Agreement and creating your Service account, you agree that Runeterra AR will not be liable to you or to any third party for any restriction, modification, suspension, or termination of your access to your Service account or the Content, except in cases of gross negligence or willful misconduct.
c. Upon termination of your Service account, whether terminated by Runeterra AR or at your request (other than a cancellation of your subscription that allows your subscription to continue until the end of the billing period), you may immediately lose the right to access Content through the Service and within a limited period lose the right to view Content downloaded within the Service.
7. ADDITIONAL PROVISIONS
a. When accepting this Agreement and creating your Service account, you understand and agree that the Content you receive through the Service is intended for informational and entertainment purposes only. The Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. The Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation, and for informational purposes. We do not guarantee that you will agree with them and shall not be liable for the reactions or opinions that our users or their family group have about our content.
c. Third-Party Services and Content. The Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content and are therefore not responsible for anything related to such services and content. When you access these third parties’ services and content you do it at your own risk, so you should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device), then any company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
d. Mobile Networks. When you access the Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees as established by third party service providers will apply. Downloading, installing or using the Service may be prohibited or restricted by your network provider and the Service may not work with your network provider or device. Please verify your mobile network service’s or your device’s compatibility to the Service directly with your providers.
e. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Runeterra AR does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
f. Contact Information.
You may contact Runeterra AR by chat or phone found at https://runeterra.ar/contact
g. Disclaimers of Warranty; Liability Limitation. You acknowledge and agree to the essential condition that the Content as well as the Service are provided "as is" and without warranties of any kind. To the maximum extent permitted under applicable law, except in cases of our gross negligence or willful misconduct, Runeterra AR, its affiliates, licensors, agents, and service providers (collectively, the "Runeterra AR Parties") each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. You also acknowledge and agree that the Runeterra AR Parties do not warrant that the Content and the Service will be without errors, viruses or other harmful components.
To the maximum extent permitted under applicable law, except in cases of our gross negligence or willful misconduct, Runeterra AR Parties will not be liable for any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of or inability to use Content or the Service, however caused. Unless caused by our gross negligence or willful misconduct, we shall not be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no case our liability to you for any and all damages, loss or cause of action shall exceed the amount paid by you. The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) and even if the Runeterra AR Parties have been advised of the possibility of such damages.
h. Forum. Any dispute between you and Runeterra AR or its affiliates shall be settled by the court of your residence or domicile, in accordance with the applicable laws.
i. Alternative Dispute Resolution: You may also apply for an out-of-court mechanism to solve any lawsuit relating to the terms with the competent bodies as set forth in the applicable consumer rules.
j. Law. This Subscriber Agreement and any dispute or claim arising out of or in connection with this Subscriber Agreement are governed by and construed in accordance with the applicable laws as set forth in the applicable consumers’ rules.
k. Liability. When creating a Service account and accessing the Service, you acknowledge and agree that such use of the Service and access to the Content occurs under your full and exclusive responsibility.
l. Term of the Service. To the maximum extent permitted under applicable law, you understand and accept that Runeterra AR may cancel or suspend the Service in part of in full at any time without incurring in any liability other that certain rights to refund or compensation strictly set forth in this Agreement.
m. Assignment of Rights. Runeterra AR may assign or transfer, partly or as a whole, its rights related to this Subscriber Agreement to any company of its economic group, understood as any company to which it has a corporate relation of colligation, joint control, control or with shareholders/partners in common. The assignment or transference is also allowed to any third parties that succeed Runeterra AR’s assets or interests in relation to the Service´s subscriber base, as well as in cases of merger, incorporation or acquisition. Assignments or transferences may be performed with no notification to you. You accept that you may not and confirm that you will not assign or transfer your rights or obligations under this Agreement.
n. Authorized Use. You hereby accept and commit to use the Service diligently in accordance with applicable law, with this Subscriber Agreement and customs and habits. You accept not to use the Service or the Content in any manner which is against applicable law or that may in any way damage, prevent or impede the normal use of the Service by third parties or users, nor to use it in any commercial or for profit manner.
o. Prevailing Language. The Subscriber Agreement is also available to you in the Spanish language. You acknowledge and agree that in the event of discrepancy between the Spanish version and the English version, the Spanish version shall prevail.
o. Severability. If any provision of this Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You and Runeterra AR shall replace the unlawful, void or unenforceable part by provisions which are valid and binding and the effect of which given the contents and purpose of this Subscriber Agreement, are, to the greatest extent possible, similar to that of the invalid, void or unenforceable part.
p. Survival. The provisions of this Subscriber Agreement which by their nature should survive the termination of this Subscriber Agreement shall survive such termination.
q. Entire Agreement. The Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and Runeterra AR pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
IF FOR ANY REASON YOU INTEND TO CANCEL YOUR SUBSCRIPTION, Runeterra AR HEREBY INFORMS YOU THAT UNDER APPLICABLE CONSUMER LAW IN ARGENTINA, YOU HAVE THE RIGHT TO REVOKE THIS COMMERICAL TRANSACTION WITHIN TEN (10) CONSECUTIVE DAYS FROM ACCEPTANCE OF THIS SUBSCRIBER AGREEMENT WITHOUT INCURRING IN ANY COST OR LIABILITY. FOR THAT PURPOSE, YOU SHALL EFFECTIVELY COMMUNICATE YOUR UNEQUIVOCAL INTENTION TO CANCEL YOUR SUBSCRIPTION AND WE SHALL PROCEED TO CANCEL YOUR SUBSCRIPTION AND REFUND THE AMOUNTS COLLECTED. PLEASE NOTE THIS RIGHT MAY NOT BE DISPENSED OR WAIVED. FOR AVOIDANCE OF DOUBT, IN THE CASE OF SUBSCRIPTIONS WHERE A SEVEN (7) DAY FREE TRIAL PERIOD APPLIES, THESE PERIODS SHALL BE SIMULTANEOUS AND WILL NOT EXTEND BEYOND TEN (10) CONSECUTIVE DAYS FROM ACCEPTANCE OF THIS SUBSCRIBER AGREEMENT.
APPENDIX 1 - MODEL WITHDRAWAL FORM
Program AR Buenos Aires, Argentina.
I / we (*) hereby revoke the contract concluded by me / us (*) for the subscription to the Runeterra AR+ Service.
Subscription date:
name of the consumer(s):
postal address of the consumer(s):
email address used to create your Runeterra AR+ Service account:
Signature of the consumer(s) (only when notified on paper)
date
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Updated: October 28, 2021
For your convenience, this subscriber agreement (the “Subscriber Agreement” or the “Agreement”) sets forth the terms and conditions for the use of the Runeterra AR+ Service (the “Service”).
The Subscriber Agreement contains common terms and conditions which are common for both Services, as well as certain specific terms and conditions which only apply to one of the Services as indicated in each case in the relevant sections. Both the common and the specific terms and conditions are clearly identified.
For the avoidance of doubt, when the Subscriber Agreement refers to any one of the Services by its name, such reference must not be interpreted to include the other Service.
The acceptance of the Subscriber Agreement does not entail, and must not be interpreted as entailing, the provision of a service which you have not previously requested. The acceptance of the Subscriber Agreement is limited to the Service offer you have requested and subscribed to.
PLEASE READ THIS SUBSCRIBER AGREEMENT CAREFULLY BEFORE USING THE Runeterra AR+ SERVICE.
By clicking “Agree & Continue” during the registration process or accepting any changes to this Subscriber Agreement in the manners described herein, you agree in full and without reserves to this Subscriber Agreement and Privacy Policy and confirm your agreement by using any element of the Services. If you do not agree to this Subscriber Agreement, you may not use the Services.
We may amend this Subscriber Agreement at any time as we solely deem necessary. Any amendments materially affecting your rights or obligations will be effective thirty (30) days following our dispatch of a notice to you at the email address you register with your membership. If for any reason the email address you provided is not able to receive notifications from Runeterra AR, we will send you a notice through the Service. If you do not agree to any change to this Subscriber Agreement in the manner mentioned above, you may cancel your subscription to the Service according to the terms and conditions specified under paragraph 2 below. Furthermore, certain elements of the Service may change at any time without notice, for example for purposes related to technical evolutions, provided that there is no price increase and no alteration of quality or substantial modification of the functionalities of the Service.
Our customer service representatives are not authorized to modify any provision of this Agreement or other associated terms, either verbally or in writing.
TERMS AND CONDITIONS COMMON TO THE SERVICES
List of Terms and Conditions:
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Your Information
6. Suspension and Termination
7. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the countries where we offer the Service (collectively, the "Territory") are eligible to register as users of a Service account. You must be of legal age to purchase the Service. Minors and those lacking legal capacity to enter into contracts, companies, associations and other legal entities may not register for the Service or use the Service and are not permitted to provide personal information to Runeterra AR. As a subscriber, you will be responsible for all acts of those at your care while using the Service. By accessing and using the Service you agree and confirm that you are of legal age and capacity to register and subscribe for the Service. The Service is available to individuals for their personal, noncommercial use only.
b. Registration and Security. Only individuals that register for a Service account, provide certain information (e.g., a valid email address), and agree to the Subscriber Agreement are eligible to use the Service.
You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Service account. However, if you allow others to access your Service account, this Agreement applies to their access, use, and disclosure of information. You agree to immediately notify Runeterra AR of any unauthorized access to your Service account. Runeterra AR will not be responsible for any losses arising from the unauthorized use of your Service account.
c. Notices. Any notices Runeterra AR delivers to you may be made as follows: (i) by email to the last email address provided by you and/or (ii) by posting a notice on the Service. You agree to receive such notices and all the information regarding the essential characteristics of the Service in digital format and to provide and maintain accurate, current and complete information, including your contact information, for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.a.
d. Internet Access. In order to access the Service, you must have Internet access, bearing the costs of your access and connection provider.
e. Other Terms. You represent and warrant that, when accepting the Subscriber Agreement, you have read and acknowledge the Services´ Privacy Policy.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. Your subscription to the Service includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless you cancel it in accordance with the instructions for cancellation below without penalties or additional charges for early termination. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless timely cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would next be billed on February 28). We reserve the right to change our pricing. In the event of a price change, we will notify you no less than thirty (30) days in advance of the change by sending an email to the email address you have registered for your Service account. If for any reason the email address you provided is not able to receive notifications from Runeterra AR, we will send you a notice through the Service. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that notice and further below herein, and the cancellation will take effect at the end of the current billing period or free trial, if applicable, in case you cancel it during such period. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.
b. Free Trials. Your Service subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available to those subscribers who have not previously used one for the Service. You hereby agree and authorize for your first payment to be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
c. Subscription Amendment; Cancellation, Refund Policy and Withdrawal Right. You may alter your personal registration information, as well as access said data, at any time. You can cancel your subscription at any time before the end of the current billing period or free trial. You may have a statutory withdrawal right beginning from the day of acceptance of this Agreement depending on the laws applicable in your country, which you may exercise by using the withdrawal form attached in Appendix 1 or any other written statement clearly expressing your intent to withdraw, and that you must communicate in the available forms found at https://runeterra.ar/support. Apart from this, you have a contractual cancellation right that will take effect at the end of the current billing period or free trial. To cancel your Runeterra AR+ Service subscription, navigate to www.runeterra.ar/settings/plus and click "Cancel Subcription" or contact our Help Center. Please visit our Help Center for further instructions on how to cancel a Service account obtained via a third party. Cancellation will only take effect at the end of your current billing period (or end of your free trial in case you cancel the Service during such period), and you will still be able to access the Service until then. We do not refund or credit for partially used monthly or annual billing periods. If you cancel your pre-existing Service account, and if the feature is available on the Service, you will be able to restart/reactivate your Service account before your billing period ends. Please note that any and all benefits of your cancelled Service account, including but not limited to promotional offers, may no longer apply once you restart your account, and you will be charged the then-current price for the Service, which may differ from the price applicable at the time of cancellation. The Service may also be cancelled by Runeterra AR if you make use of it in violation to any conditions of this Agreement and related policies and documents.
d. Cancellation and Refund Policy in Case of Amendments to the Agreement. In the event of an amendment to this Agreement materially affecting your rights and obligations hereunder, different from a price change which is governed by section 2.a and from a technical evolution as stated in the preamble, we will notify you no less than thirty (30) days in advance of the amendment by sending an email to the email address you have registered for your Service account. If for any reason the email address you provided is not able to receive notifications from Runeterra AR, we will send you a notice through the Service. If you do not wish to accept the amendment, you may cancel your subscription in accordance with the instructions included in that notice and below. If you do not agree to any such amendment to this Agreement, you must discontinue using the Service and, consequently, if you do not cancel your subscription before the amendment takes effect, you accept the amendment.
Starting from the date of your cancellation, you will not be able to access the Service and we will provide you with a prorated refund for the period of time between the date of your cancellation and the end of the billing period. In this case, should you have paid a discounted fee for the annual subscription, the amount to be refunded will be calculated on the basis of this discount. In order to request said refund, you should follow the instructions set forth in the notice provided to you briefly indicating the reasons for such request.
e. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Service subscription.
f. Subscriptions Obtained Through Authorized Third Parties. If you obtain a Service subscription via an authorized third party (e.g., an app store), that subscription is also subject to that third party’s terms, and the provisions in this Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable authorized third party’s terms. For subscriptions obtained via an authorized third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Service subscription will be billed by the applicable third party using the payment information you have provided to such authorized third party. To cancel a Service subscription obtained via a third party, please follow the cancellation instructions set out by that third party. You can visit our Help Center for instructions on how to cancel a Service subscription obtained via a third party.
g. Bundled Subscription Options. We may offer a Service subscription bundled with other subscription services, including subscriptions to authorized third-party products and services. Notice of the terms of the bundled subscription options will be provided to you at the time you register. Third-party subscriptions, products, and services are governed by terms and conditions issued by those third parties.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Subscriber Agreement, Runeterra AR grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sub licensable right to do the following:
i. Install and make non-commercial, personal use of the Service; and
ii. Receive streams of or temporarily download materials protected by copyright, trademarks, domain names or other intellectual or industrial property laws, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the “Content”) that are available to you from the Service.
This Subscriber Agreement grants you a license in the above-mentioned terms and shall not be interpreted as an agreement for sale or assignment of any rights in the Content or the Service. The purchase of a license to stream or temporarily download any Content does not create an ownership interest in the Content or the Service. Such Content and Service, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Content applicable in the Territory or elsewhere, is owned by Runeterra AR, its affiliates and/or other licensors, and is protected by copyright, trade mark law, utility models, industrial property, domain name and/or other applicable intellectual property laws and treaties.
b. Restrictions on your use of the Content. You agree that as a condition of your license, you may not and agree not to:
i. Circumvent or disable any content protection system or digital rights management technology used in connection with the Service to control access to the Content;
ii. Copy, replicate or fix the Content (except as expressly permitted by this Subscriber Agreement);
iii. Rebroadcast, transmit or perform the Content available via the Service through any means or procedures;
iv. Create derivative works of the Content; or
v. Create derivative works of any Runeterra AR owned components of the Service, any updates, or any part thereof;
vi. Bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Service;
vii. Access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
viii. Damage, disable, overburden or impair the Service;
ix. Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement;
x. Share your login credentials, including without limitation your username and password, with third parties;
xi. Provide inaccurate, false or incomplete personal information;
xii. Breach or intend to breach the Service security, including without limitation: evaluating or testing the vulnerability of a system or network, breach the security or identification measures; prevent access to the Service to other users, host or network in any manner; false any TCP/IP package or any part of the information of an email address; or
xiii. Otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in sections 3.b and 3.c above is a violation of the rights of Runeterra AR and the copyright holder and may result in civil and criminal liabilities.
4. SERVICE USAGE TERMS
a. Compatible Devices. Use of the Service requires compatible devices, and certain software may require periodic updates, and your use of the Service may be affected by the performance of these devices, software or other elements outside our control. You can access the Content with almost any Internet-connected computer or through the Service application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Center. You can add a Compatible Device to your Service account by downloading the Service application to the Compatible Device and by signing into your Service account through the application.
b. Internet Connection. You must have a high-speed Internet connection in order to access and use certain aspects of the Service. The quality of your access to the Content and the Service may be affected by aspects related to your internet connection and speed, bandwidth available at the moment and place of access and your location when accessed through mobile devices.
c. Future Unavailability. It is possible that the Service may not be available during any maintenance or update periods, (ii) any power or server outages; (iii) as a result of armed conflict, war, riots, strikes, social unrest, epidemic, pandemic, quarantine; or (iv) as a result of governmental or other agencies´ applicable acts, whether in emergency or other, unforeseen or force majeure events, or other matters beyond the control of us or third parties. Runeterra AR will take reasonable efforts to provide you with as much prior notice as possible whenever this is not publicly available information. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Service. We will do our best to let you know of any of these changes, usage rules and restrictions, but you hereby acknowledge and agree that we may do so at our sole discretion without prior notice. You agree that we will not be liable, except in cases of gross negligence or willful misconduct on our side, to you for any modification, suspension or discontinuance of the Service, although if you are a subscriber and we suspend or discontinue your subscription to the Service, we may provide you with a credit, refund, discount or other form of consideration at our sole discretion. However, if we terminate your account or suspend or discontinue your access to the Service due to your violation of the Subscriber Agreement, then you will not be eligible for any credit, refund, discount or other consideration.
d. Promotional and Experimental Features. In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of the Service shall be governed by this Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
6. SUSPENSION AND TERMINATION
a. When accepting this Agreement and creating your Service account, you agree that Runeterra AR may restrict, suspend, or terminate your access to part or all of the Service and to any Content if Runeterra AR believes you are using or have used the Service in violation of the Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. If so, we will notify you in advance by sending an email to the email address you have registered for your Service account. In such case, you will have no right to compensation or refund of any kind. Without limiting the foregoing, Runeterra AR may restrict or suspend your access to your Service account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Runeterra AR reasonably believes that your Service account has been created fraudulently, your Service account has been accessed fraudulently, or anyone uses your Service account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Runeterra AR also reserves the right, after notice to you, to terminate any Service account that remains inactive for one year (failure to log in to the Service will constitute inactivity for purposes of this Subscriber Agreement).
b. When accepting this Agreement and creating your Service account, you agree that Runeterra AR will not be liable to you or to any third party for any restriction, modification, suspension, or termination of your access to your Service account or the Content, except in cases of gross negligence or willful misconduct.
c. Upon termination of your Service account, whether terminated by Runeterra AR or at your request (other than a cancellation of your subscription that allows your subscription to continue until the end of the billing period), you may immediately lose the right to access Content through the Service and within a limited period lose the right to view Content downloaded within the Service.
7. ADDITIONAL PROVISIONS
a. When accepting this Agreement and creating your Service account, you understand and agree that the Content you receive through the Service is intended for informational and entertainment purposes only. The Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. The Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation, and for informational purposes. We do not guarantee that you will agree with them and shall not be liable for the reactions or opinions that our users or their family group have about our content.
c. Third-Party Services and Content. The Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content and are therefore not responsible for anything related to such services and content. When you access these third parties’ services and content you do it at your own risk, so you should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device), then any company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
d. Mobile Networks. When you access the Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees as established by third party service providers will apply. Downloading, installing or using the Service may be prohibited or restricted by your network provider and the Service may not work with your network provider or device. Please verify your mobile network service’s or your device’s compatibility to the Service directly with your providers.
e. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Runeterra AR does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
f. Contact Information.
You may contact Runeterra AR by chat or phone found at https://runeterra.ar/contact
g. Disclaimers of Warranty; Liability Limitation. You acknowledge and agree to the essential condition that the Content as well as the Service are provided "as is" and without warranties of any kind. To the maximum extent permitted under applicable law, except in cases of our gross negligence or willful misconduct, Runeterra AR, its affiliates, licensors, agents, and service providers (collectively, the "Runeterra AR Parties") each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. You also acknowledge and agree that the Runeterra AR Parties do not warrant that the Content and the Service will be without errors, viruses or other harmful components.
To the maximum extent permitted under applicable law, except in cases of our gross negligence or willful misconduct, Runeterra AR Parties will not be liable for any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of or inability to use Content or the Service, however caused. Unless caused by our gross negligence or willful misconduct, we shall not be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no case our liability to you for any and all damages, loss or cause of action shall exceed the amount paid by you. The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) and even if the Runeterra AR Parties have been advised of the possibility of such damages.
h. Forum. Any dispute between you and Runeterra AR or its affiliates shall be settled by the court of your residence or domicile, in accordance with the applicable laws.
i. Alternative Dispute Resolution: You may also apply for an out-of-court mechanism to solve any lawsuit relating to the terms with the competent bodies as set forth in the applicable consumer rules.
j. Law. This Subscriber Agreement and any dispute or claim arising out of or in connection with this Subscriber Agreement are governed by and construed in accordance with the applicable laws as set forth in the applicable consumers’ rules.
k. Liability. When creating a Service account and accessing the Service, you acknowledge and agree that such use of the Service and access to the Content occurs under your full and exclusive responsibility.
l. Term of the Service. To the maximum extent permitted under applicable law, you understand and accept that Runeterra AR may cancel or suspend the Service in part of in full at any time without incurring in any liability other that certain rights to refund or compensation strictly set forth in this Agreement.
m. Assignment of Rights. Runeterra AR may assign or transfer, partly or as a whole, its rights related to this Subscriber Agreement to any company of its economic group, understood as any company to which it has a corporate relation of colligation, joint control, control or with shareholders/partners in common. The assignment or transference is also allowed to any third parties that succeed Runeterra AR’s assets or interests in relation to the Service´s subscriber base, as well as in cases of merger, incorporation or acquisition. Assignments or transferences may be performed with no notification to you. You accept that you may not and confirm that you will not assign or transfer your rights or obligations under this Agreement.
n. Authorized Use. You hereby accept and commit to use the Service diligently in accordance with applicable law, with this Subscriber Agreement and customs and habits. You accept not to use the Service or the Content in any manner which is against applicable law or that may in any way damage, prevent or impede the normal use of the Service by third parties or users, nor to use it in any commercial or for profit manner.
o. Prevailing Language. The Subscriber Agreement is also available to you in the Spanish language. You acknowledge and agree that in the event of discrepancy between the Spanish version and the English version, the Spanish version shall prevail.
o. Severability. If any provision of this Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You and Runeterra AR shall replace the unlawful, void or unenforceable part by provisions which are valid and binding and the effect of which given the contents and purpose of this Subscriber Agreement, are, to the greatest extent possible, similar to that of the invalid, void or unenforceable part.
p. Survival. The provisions of this Subscriber Agreement which by their nature should survive the termination of this Subscriber Agreement shall survive such termination.
q. Entire Agreement. The Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and Runeterra AR pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
IF FOR ANY REASON YOU INTEND TO CANCEL YOUR SUBSCRIPTION, Runeterra AR HEREBY INFORMS YOU THAT UNDER APPLICABLE CONSUMER LAW IN ARGENTINA, YOU HAVE THE RIGHT TO REVOKE THIS COMMERICAL TRANSACTION WITHIN TEN (10) CONSECUTIVE DAYS FROM ACCEPTANCE OF THIS SUBSCRIBER AGREEMENT WITHOUT INCURRING IN ANY COST OR LIABILITY. FOR THAT PURPOSE, YOU SHALL EFFECTIVELY COMMUNICATE YOUR UNEQUIVOCAL INTENTION TO CANCEL YOUR SUBSCRIPTION AND WE SHALL PROCEED TO CANCEL YOUR SUBSCRIPTION AND REFUND THE AMOUNTS COLLECTED. PLEASE NOTE THIS RIGHT MAY NOT BE DISPENSED OR WAIVED. FOR AVOIDANCE OF DOUBT, IN THE CASE OF SUBSCRIPTIONS WHERE A SEVEN (7) DAY FREE TRIAL PERIOD APPLIES, THESE PERIODS SHALL BE SIMULTANEOUS AND WILL NOT EXTEND BEYOND TEN (10) CONSECUTIVE DAYS FROM ACCEPTANCE OF THIS SUBSCRIBER AGREEMENT.
APPENDIX 1 - MODEL WITHDRAWAL FORM
Program AR Buenos Aires, Argentina.
I / we (*) hereby revoke the contract concluded by me / us (*) for the subscription to the Runeterra AR+ Service.
Subscription date:
name of the consumer(s):
postal address of the consumer(s):
email address used to create your Runeterra AR+ Service account:
Signature of the consumer(s) (only when notified on paper)
date
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