Everything on or used in connection with our Sites, including but not limited to Runway Rogue’s name and logo, product images and descriptions, Site design, the look and feel of the Sites, text, graphics, button icons, images, audio clips, page headers, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed to Runway Rogue, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of the Sites for purposes of placing an order with Runway Rogue or for non-commercial uses. Any other use of the materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Runway Rogue is strictly prohibited. Use of any materials on the Sites in connection with any product or service that is not offered by Runway Rogue in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Runway Rogue, is also prohibited.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites or frame any portion of the Sites. You may not circumvent any mechanisms included in the Sites for preventing the unauthorized reproduction or distribution of the content or materials contained on the Sites.
From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Runway Rogue reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
While we make reasonable efforts to ensure the information provided on the Sites is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. The information contained on the Sites may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.
Proper Use of the Sites
You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
Certain parts of the Sites may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
Third Party Websites
Runway Rogue may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on Runway Rogue’s Blog and on Runway Rogues social media platforms. Runway Rogue does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Runway Rogue and the Third Party Website, and Runway Rogue does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Runway Rogue is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.
Use of Products and Services
The products and services available on the Sites, including any samples Runway Rogue may provide to you, are for personal use only. All material and information presented by Runway Rogue is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Runway Rogue does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Runway Rogue does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
While Runway Rogue has tried to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.
If you access the Sites via your mobile device, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
Runway rogue is providing the sites and their contents on an "As-is" basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the sites, the information, or content included on the sites. To the fullest extent permitted by law, runway rogue disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, runway rogue does not represent or warrant that the information accessible via the sites is accurate, complete or current. Runway rogue will not be liable for any damages of any kind arising out of or in connection with the use of the sites.
Limitation of Liability
Except as provided in the disclaimer section above, your sole and exclusive remedy for any other dispute with us relating to the use of the sites is to discontinue your use of the sites. In no event shall our liability, or the liability of our agents, affiliates, subsidiaries and representatives for any and all claims relating to the use of the sites exceed the total amount of fees that you paid us during a one-year period for the specific service at issue or the cost of the product at issue.
We, our agents, affiliates, subsidiaries and representatives shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the sites. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our subsidiaries and affiliates, shall be limited to the extent permitted by law. This provision is enforceable in new jersey.
We do not endorse and are not responsible for the accuracy or reliability of any opinion, information, advice or statement on the sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content on the sites.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.
These content standards apply to any and all User Contributions and use of the Sites. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Licensed Use of User Contributions
You may directly upload User Contributions or post User Contributions to your social media accounts. By posting User Contributions and uploading User Contributions that you have tagged with Runway Rogue hashtags (i.e. #RunwayRogue, #SocialRogue, #AttitudeofBeauty, or other hashtag with #RR followed by a Runway Rogue product name such as #RRselfie or #RRcastingcall etc.), you grant to Runway Rogue, its third-party service providers who provide content management services, and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use the User Contributions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on the Sites, on other webpages, social media pages operated by the Licensed Parties, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Contributions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Contributions. You hereby represent and warrant that (i) you own all rights in and to your User Contributions; (ii) you have permission from all person(s) appearing in your User Contributions to grant the rights granted herein; (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Contributions as described herein will not violate the rights of any third party or any law, (v) the User Contribution is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Contributions.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Runway Rogue’s designated copyright agent (listed below) with the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): 1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner; 2. A description of the copyrighted work claimed to have been infringed; 3. A description of the material that you claim is infringing, and where it is located on the Sites; 4. Your address, telephone number, and email address; 5. A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, if your address is outside of the United States, for any judicial district in which we are located, and that you will accept service of process from the person who provided notification or an agent of such person; and 7. A statement by you, made under penalty of perjury, that the above information is accurate, and that you are authorized to act on behalf of the copyright owner.
If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Runway Rogue’s Designated Agent for claims of copyright infringement can be reached at:
Runway Rogue ATTN: DMCA Agent 695 Town Center Drive, #700 Costa Mesa, CA 92626 Fax 714-384-6391
Note: The above contact information is provided exclusively for notifying Runway Rogue that copyright material may have been infringed. All other inquiries should be directed to our customer service at: Info@RunwayRoguebeauty.com, or by using our online Contact form.
Governing Law and Jurisdiction
Arbitration / No Class Actions
You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the sites will be decided by binding arbitration. Arbitration means that you will not have the right for a judge or jury to decide your claims. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, may be more limited than were you to sue in court. All disputes between you and us of any kind or nature arising out of your use or enjoyment of the sites, shall be submitted to judicial arbitration and mediation services, inc. (“jams”) for binding arbitration under its rules then in effect in the state of california, before one arbitrator to be mutually agreed upon by both parties and selected pursuant to the jams rules. It is further agreed that any disputes as to whether the scope of this arbitration provision covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties agree to share equally in the arbitration costs incurred.
Any arbitration shall be conducted only on an individual basis and not in a class, consolidated, or representative capacity. It is expressly understood and agreed that you are waiving any right you have to sue on behalf of a class or in a representative capacity for other persons. This means:
- Neither you nor us can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
- The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other of our customers, and cannot be used to decide other disputes with other customers.
Fraud Protection Program
Runway Rogue reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Runway Rogue may reject your order or we may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Runway Rogue takes these measures to protect Runway Rogue’s customers as well as Runway Rogue from fraud or other unauthorized or illegal activity.
No Reseller Activity
Comments, Feedback and Other Submissions
Runway Rogue welcomes your comments and feedback regarding the Sites, and Runway Rogue products and services. Any information, materials, suggestions, ideas or comments sent to Runway Rogue will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Runway Rogue an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Runway Rogue will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
Effective Date: 11/1/2016
Last Updated: 11/1/2016