Terms of Service:
The following terms and conditions govern all use of the Runninish.com website and all content, services and products available at or through the website, including, but not limited to, the Runninish Music Catalog and the Runninish Music Player and any and all imbedded data, music, text, photographs and images. The Website is owned and operated by Runninish Inc. (“Runninish”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Runninish’s Policy) and procedures that may be published from time to time on this Site by Runninish Inc. (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Runninish, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
1.Your Runninish.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You may provide your password and log-in information to anyone you want but you assume any and all liability for the actions of others in use of your account. You must immediately notify Runninish of any unauthorized uses of your account or any other breaches of security. Runninish will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2.Responsibility of Users. By creating and operating an account at Runninish.com you agree to respect and and all intellectual property and copyrights. You agree not to make available, for free or for profit, without expressed written consent from Runninish Inc., any and all music, text, photgraphs and images by way of, including but not limited to, downloads, P2P and bot software. You agree that you may stream all music for free as much as you would like. You may download or record any song you might want to license to insert into your project, but you agree that if you choose not to use it you will delete and remove it from all computers and online accounts. If you choose to obtain the music you agree not to share, solicit, sell or give away or any other action that transfers the music from you or your device to someone or something else.
3.Payment and Terms. Users understand that an account is in no way a confirmation, guarantee or contract of or for business. An account only gives you access to the Runninish catalog and does not require any payment. If at any time someone contacts you or you are redirected regarding payment for your Runninish account please contact Runninish Inc. Immediately. The only time payment will be required will be in the case of you requesting a license and agreeing to the terms thereing. Never will you be charged for your use of the website. If your actions have been discovered to be fraudulent or that you have violated the terms herein, you will be notified and litigation will occur. Only those charges and fees that you agree to will ever be required as payment.
4.Responsibility of Account Users. Anybody who uses your account by way of your username and password is bound to these terms and conditions herein.
5.Intellectual Property. This Agreement does not transfer from Runninish to you any pf Runninish’s or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Runninish Inc and Runninish.com, and all other trademarks, service marks, graphics and logos used in connection with Runninish Inc., or Runninish.com are trademarks or registered trademarks of Runninish or Runninish’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Runninish or third-party trademarks.
6.Changes. Runninish reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Runninish will announce the changes where you will have a 30 day time periord to opt out of the agreement. After 30 days if you choose not to opt out it will be understood that you agree to the new terms and will be bound by them ongoing.
7.Termination. Runninish may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Runninish.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8.Disclaimer of Warranties. The Website is provided “as is”. Runninish and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Runninish nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9.Limitation of Liability. In no event will Runninish, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Runninish under this agreement during the twelve (12) month period prior to the cause of action. Runninish shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11.Indemnification. You agree to indemnify and hold harmless Runninish Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
12.Miscellaneous. This Agreement constitutes the entire agreement between Runninish and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Runninish, or by the posting by Runninish of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Victoria, British Columbia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Copyright Act of Canada and by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Victoria, British Columbia, Canada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Runninish Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Runninish Inc. owns and operates this website. We are committed to the privacy and security of our visitors’ information. The following is a statement of our privacy practices:
- Your personal information is not required to visit http://www.runninish.com
- Any personal information collected is knowingly provided by you and only when requested/required during account registration for interactive participation on http://www.runninish.com and during the ordering process
- Your IP address is a numeric address assigned to your computer, assigned by your Internet service provider. We automatically collect your IP address as traffic data so that we can send information back to you when requested. This is not used to identify your personal information.
- Referrers are references to the web address you linked from and is automatically passed along by your web browser. We collect referrers your browser sends as part of traffic data. This is not attached to personally identifiable information.
- System information such as your operating system/platform, and the type of web browser you use. This is not attached to personally identifiable information.
- Your information is maintained on a secure web server in what we believe to be a well protected environment.
- Runninish Inc. only shares personal information to billing companies for completing transactions and for no other purpose. No other information is shared with any other third-party company for any purpose, under any circumstance.
- Runninish Inc. makes every effort to preserve your privacy, personal information may be disclosed when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, court order or legal process.
http://www.runninish.com relies on “cookie” technology to allow you to re-access your registered account profile during a web session. This mechanism is employed solely for your convenience and for no other purpose.
This Web site contains links to other sites. Please be aware that we, Runninish Inc., are not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
This web site takes every precaution to protect our visitor’s information. When visitors submit sensitive information via the web site, their information is protected both online and off-line.
We do everything in our power to protect user-information off-line. All of our customers’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.
If visitors have any questions about the security on http://www.runninish.com, feel free to contact Customer Service.
Correcting, Updating, Deleting & Deactivating Personal Information
If a visitor’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a visitor no longer desires our service, we provide a way to correct, update or delete/deactivate personally identifiable information. This can usually be done at the ‘Your Account’ page or by contacting our Customer Service.
Notification of Changes
If, however, we are going to use visitors’ personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our web site for 30 days.