Welcome! Please read these Terms of Site (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access of the website, http://runwayriot.com/ (“Site” or “RunwayRiot”). This Agreement governs your use of the Site and constitutes a legally-binding agreement between each user (“you,” “your,” “user,” or “member”) and RunwayRiot LLC (“we,” “us,” or “our”). If you do not agree to the terms of this Agreement, you may not access or use our Site. If you have any questions about this Agreement please contact us at info@runwayriot.com.
OVERVIEW
This overview section is a user-friendly guide to help you understand our Terms of Site. When reviewing this document, know that you are accepting the entire Agreement and not just this overview section.
● We are a fashion editorial and e-commerce site that stands for inclusion in the fashion and beauty space – focusing on an overlooked community – the over 60% of American women who would be considered “plus-size.”
● We have curated collection of products that appeal to a broad audience.
● All products listed on our Site are offered through pre-approved Retailers (“Retailers”), which we select to become affiliated with RunwayRiot. We do not sell any products ourselves, only curate. All products are provided by our Retailers
● We’re trying to build a supportive community. As a result, when using RunwayRiot, you agree that you will not participate in any activities that will harm us, other users, or Retailers and will not violate the law or any rights of any third parties. If you do, we reserve the right to terminate your account.
● We incorporate various third-party services into RunwayRiot. When you use these third-party services, you agree to be bound by their terms of service and privacy policies. We have no control over these third-party services.
● To the extent permitted by law, all risks involved in using RunwayRiot fall on your shoulders.
ACCEPTANCE OF THIS AGREEMENT
By using our Site, you acknowledge that you have read, understood, and agree to this Agreement and the accompanying Privacy Policy: http://runwayriot/privacypolicy/.
Please note that we reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on our website at http://runwayriot/terms and we will do our best to give you notice of any such changes. If you do not agree to any modifications to this Agreement, your sole remedy is not to accept the revised Agreement and to stop using the Site.
SITE
RunwayRiot.com is a sexy, gorgeous, and elegant fashion editorial and e-commerce site that stands for inclusion in the fashion and beauty space – focusing on an overlooked community – the over 60% of American women who would be considered “plus-size.”
YOU ACKNOWLEDGE THAT INDEPENDENT RETAILERS, NOT RUNWAYRIOT, PROVIDE THE PRODUCTS MADE AVAILABLE THROUGH OUR SITE. We are not a party to any contract between you and a Retailer for purchases and we do not offer any of the products directly or function as a Retailer.
We are not responsible for the performance of Retailers and do not have control over:
● the quality, timing, safety, legality, failure to provide, or any other aspect whatsoever of the products of the Retailer;
● the integrity, actions, or omissions of any Retailer;
● the truthfulness or accuracy of any representations made by the Retailer; or
● the ability of Retailers to provide products.
USER ACCOUNT
To receive newsletter emails and store your favorite products in a Wishlist on our Site, you will need to create a user account and provide us with your first and last name, email address, and password, By creating an account you affirm that you are over eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You further agree to abide by and comply with this Agreement and not transfer your RunwayRiot account. In addition, you affirm that:
● you have not been previously suspended or removed from the Site;
● the information you provide to us is accurate and complete;
● you will keep your password secure; and
● you will notify us of any suspected breach of security or unauthorized use of your account.
PROPRIETARY RIGHTS
We’ve worked hard to build and develop RunwayRiot. The graphic elements, design elements, presentations, logos, layout, and source code of RunwayRiot are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.
NON-EXCLUSIVE LICENSE TO USE RUNWAYRIOT
We’re really happy that you’re using our Site. And, so long as you’re using RunwayRiot (and have not had your account terminated), we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Site.
Any use of the Site other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use RunwayRiot granted in this Agreement.
PROHIBITED ACTIVITIES
We’re trying to build an amazing and supportive community at RunwayRiot. In order to do that, it’s important that you take responsibility for all of your activity on the Site and agree not to:
● Sell, assign, or otherwise transfer your rights in or to the Site;
● Impersonate any person or entity, including any of our employees or representatives;
● Engage in any harassing, intimidating, or predatory behavior, or stalk any other user of RunwayRiot;
● Make unsolicited offers, advertisements, proposals, or send junk mail to users; or
● Otherwise sublicense, distribute, or use RunwayRiot outside the scope of the license granted in this Agreement.
In addition, you agree not to impede our ability to run the Site and:
● Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile RunwayRiot or otherwise attempt to discover any source code or trade secrets related to the Site;
● Build, or authorize another party to build, a competitive product to the Site;
● Recruit or otherwise solicit any user of the Site to join third-party services or websites that are competitive to RunwayRiot, without our prior written approval;
● Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Site;
● Take an action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on RunwayRiot’s infrastructure;
● Interfere or attempt to interfere with the proper working of RunwayRiot or any activities conducted using the Site;
● Introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Site that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of RunwayRiot;
● Circumvent any security-related features of the Site;
● Bypass any measures we may use to prevent or restrict access to RunwayRiot (or other accounts, computer systems, or networks connected to the Site);
● Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website;
● Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with RunwayRiot.
● Use our trademarks, trade names, service marks, logos, or other distinctive brand features or exploit any copyright or other proprietary rights associated with RunwayRiot, unless we provide our express written consent;
● Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with RunwayRiot or our company;
● Violate any applicable local, state, national, and international laws or regulations;
● Upload any content that violates the rights of any third parties, including, but not limited to, copyright, trademark, statutory, and other proprietary rights; or
● Use RunwayRiot for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.
RIGHT TO TERMINATE YOUR ACCOUNT OR BLOCK ACCESS TO THE SITE
If you fail to abide by these restrictions, we may terminate your account or otherwise prevent you from using the Site at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so. We further reserve the right to block access to the Site to anyone for any reason at any time.
If we terminate your account, you must immediately stop using RunwayRiot and you agree not to attempt to regain access to the Site without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
Of course, you also reserve the right to terminate your account at any time by emailing us at info@runwayriot.com. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
THIRD-PARTY SERVICES AND CONTENT
Like most online services, we utilize various links and other tools to connect users to third-party services and features in order to maintain the Site, such as rewardStyle (“Third-Party Sites”). We have no control over the content or policies of these Third-Party Sites, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third-Party Site through RunwayRiot are solely responsible for complying with the terms and policies of these third parties.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Site.
We also do not operate, control, or endorse any information, products, or services on the Site or accessible through the Site in any way. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other Third-Party Sites.
DISCLAIMER AND RELEASE
ALL PRODUCTS OFFERED VIA RUNWAYRIOT ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT RUNWAYRIOT. YOUR PURCHASE OF ANY PRODUCT OFFERED ON RUNWAYRIOT IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL RUNWAYRIOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISES OUT OF OR ARE IN ANY WAY RELATED TO RUNWAYRIOT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY RETAILER IN CONNECTION WITH THE SERVICES.
IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD-PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO YOU FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SITE, RUNWAYRIOT, OR ANY CONTENT ON THE SITE.
RUNWAYRIOT IS NEITHER CONNECTED WITH ANY RETAILER WITH WHICH A USER HAS PURCHASED A PRODUCT, OTHER THAN AS THE PROVIDERS OF THE SITE. WITHOUT LIMITING ANYTHING HEREIN, RUNWAYRIOT DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY PRODUCT OFFERED VIA RUNWAYRIOT.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “RUNWAYRIOT” PARTIES) DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SITE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY SOFTWARE ON THE SITE IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, ITS PRODUCTS, REMAINS WITH YOU. NEITHER RUNWAYRIOT NOR THE RUNWAYRIOT PARTIES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SITE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, FROM THE USE OF OR INABILITY TO USE THE SITE, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH RETAILERS, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR FROM ITS PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM ITS PRODUCTS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY RETAILERS, EXCEED TWENTY FIVE DOLLARS ($25). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless RunwayRiot and the RunwayRiot Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or relating to: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule or regulation, or the rights of any third-party; and (v) any Retailer proucts, including but not limited to any damages, injuries, or losses (compensatory, direct, incidental, consequential, or otherwise) of any kind.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
MODIFICATION
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
NOTICE
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing RunwayRiot in an unauthorized manner. You acknowledge that under this Agreement by using the Site you are deemed to have received any and all notices that would have been delivered had you accessed RunwayRiot in an authorized manner.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement between you and RunwayRiot as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
CHOICE OF LAW
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New York, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
ARBITRATION AND WAIVER OF CLASS ACTION
You agree to arbitrate any dispute with us arising from this Agreement or your use of the RunwayRiot on an individual basis. That means that you cannot sue us in court or have a trial by jury. You and the owners of RunwayRiot further agree that: (i) any arbitration will occur in New York, NY; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.
At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND RUNWAYRIOT WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
FORCE MAJEURE
We will not be held liable for any delays, failure in performance, or interruption of the Site which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
NO WAIVER
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
SEVERABILITY
If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
NOTE TO INTERNATIONAL USERS
RunwayRiot is hosted in the United States. If you’re a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from U.S. laws, please be advised that through your continued use of the Site, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
QUESTIONS AND COMMENTS
We welcome comments, questions, concerns, or suggestions. Please contact us at: info@runwayriot.com.
EFFECTIVE DATE: November 17, 2015
