Introduction
Welcome to the Runmus® Speaker G6, Gaming Headset, Headphones website, owned and operated by Runmus (“we”, “us”, “our”). These Terms and Conditions govern your access to and use of our website and online store, including any content, functionality, products, and services offered on or through our website and online store (collectively the “Services”).
Please read these Terms and Conditions and our Privacy Policy carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to all the terms and conditions, then you may not access or use the Services.
Use of the Services
You may use our Services only if you can form a binding contract with Runmus, and only in compliance with these Terms and Conditions and all applicable laws. Our Services are intended solely for users who are 18 years of age or older. Any access to or use of our Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions.
Ordering Products. You may order certain products from our online store, including gaming headsets and headphones. By placing an order for a product through our Services, you agree that you are 18 years of age or older and are bound by the terms and conditions of the order you place. All orders are subject to acceptance, availability, and validation checks. We reserve the right to refuse or cancel any order prior to shipment.
Account Registration. Access to certain features or functions of our Services may require you to register for an account. When you register for an account, you agree to provide accurate and complete information about yourself, and to promptly update such information if it changes. Each user may only register for one account, and you are solely responsible for all activity on your account. We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, incomplete, or misleading.
User Content. Our Services may allow you and other users to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, graphics, photographs, illustrations, and audiovisual works (“User Content”). You retain full ownership of any original User Content you submit, post, or display on or through our Services. You agree not to submit or transmit any User Content that is unlawful, offensive, threatening, libelous, defamatory, obscene, pornographic, or otherwise objectionable or violates any party’s intellectual property rights or privacy rights. We reserve the right, but not the obligation, to monitor disputes between you and other users and to restrict, suspend, or terminate your access to all or part of our Services if we deem it reasonably necessary to enforce these Terms.
Privacy
Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. You acknowledge and agree that you have reviewed our Privacy Policy, which is incorporated into these Terms and Conditions.
Intellectual Property Rights
Our Services contain content, trademarks, designs, technologies, logos, software, audio, graphics, images, and other materials that are protected by copyrights, patents, trademarks, and other proprietary rights that are owned by us, our affiliates, our partners, or our licensors (collectively “Runmus IP”). Runmus IP may not be copied, imitated, reproduced, displayed, distributed, transmitted, or used in any way without our prior written permission or that of the applicable rights holder.
The Runmus name and logo are trademarks of Runmus, and may not be copied, imitated, or used without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing “Runmus” or any other name, trademark, or product name without our prior written permission.
If you provide feedback, ideas, or suggestions to us regarding our Services (“Feedback”), you agree that we may use your Feedback without any restriction or compensation to you. By providing Feedback, you irrevocably assign and agree to irrevocably assign all of your rights, title, and interest in your Feedback to Runmus.
User Conduct
You agree to access and use our Services only for lawful, authorized, and acceptable purposes. You shall not access or use our Services for any criminal, illegal, fraudulent, inappropriate, or unethical activity, or in any manner which could damage, disable, overburden, or impair our Services.
Specifically, you shall not:
- Provide false or misleading information to us;
- Access or use another user’s account without permission;
- Distribute unsolicited promotional communications or spam;
- Transmit any software, materials, or data that contains viruses, malware, ransomware, or other harmful computer code;
- Misrepresent the source or ownership of any User Content;
- Infringe any party’s copyright, patent, trademark, trade secret, or other intellectual property rights;
- Violate any applicable law, statute, regulation, rule, ordinance, or code;
- Disrupt, interfere with, or inhibit any other user from using the Services.
We reserve the right to suspend, restrict, or terminate your access to our Services and remove any User Content at any time, without notice, at our sole discretion if you violate these Terms and Conditions or engage in any prohibited activity. We reserve the right to take any lawful action that we deem appropriate in response to actual or suspected violations.
No Warranties
OUR SERVICES AND USER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF USER CONTENT.
Limitation of Liability
IN NO EVENT SHALL RUNMUS, ITS PARENTS, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, OR ANY USER CONTENT, EVEN IF RUNMUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, OR USER CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RUNMUS AND YOU.
Indemnification
You shall indemnify, defend, and hold harmless Runmus and our affiliates, parents, subsidiaries, vendors, agents, employees, contractors, officers, and directors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your access or use of our Services, (2) any User Content you provide, (3) your violation of these Terms and Conditions or any other applicable policies, (4) your violation of any third party rights, including any intellectual property rights or privacy rights, or (5) any overt harmful act toward any user of our Services or the public.
Termination
We reserve the right to suspend or terminate your access to the Services at any time, for any reason, with or without notice. We shall have no liability to you for any suspension or termination. Upon suspension or termination of your access, your right to access or use the Services shall immediately cease.
The following provisions will survive any expiration or termination of your relationship with Runmus: “Intellectual Property Rights”, “No Warranties”, “Limitation of Liability”, “Indemnification”, “Dispute Resolution”, and “General Terms”.
Dispute Resolution
If you have any concern or dispute about our Services, you agree to first try to resolve the dispute informally by contacting us. We will attempt to resolve any disputes through good faith negotiations within a reasonable time.
You and Runmus agree that any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration under the commercial arbitration rules of the American Arbitration Association, using one arbitrator appointed in accordance with those rules. The arbitration shall be conducted in English and in Washington County, Maryland. Judgment on the arbitration award may be entered into any court with jurisdiction. You agree that you may bring claims against us only on an individual basis, not as a plaintiff or class member in any purported class, consolidated, or representative action or proceeding. The arbitrator shall have no authority to arbitrate any claim on a class, consolidated, or representative basis.
Governing Law
These Terms and your access to and use of our Services will be governed by, construed, and enforced in accordance with the laws of the State of Maryland, without regard to conflict of law rules or principles. Any legal action related to these Terms or our Services must be brought in the state or federal courts located in Washington County, Maryland, and you hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
Changes to the Terms
We reserve the right to modify these Terms and Conditions at any time. Updated versions will be posted on our website. Continued access or use of our Services indicates your acceptance of the updated Terms. The updated Terms become effective immediately upon posting. If you do not agree with the updated Terms, you must stop accessing and using our Services.
General Terms
If any provision of these Terms is found invalid or unenforceable by a court of law, the provision shall be severed from these Terms, and all other provisions shall remain in full force and effect.
These Terms constitute the entire agreement between you and Runmus relating to the subject matter hereof and supersede any prior understandings or agreements.
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Thank you for visiting our website and store! Please contact us with any questions.