Terms of Use

This website, located at www.therunwayplus.com or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively, the “Site”), is provided by ThirdGen Media, LLC dba therunway+ and therunwayplus (“we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).

1. You Agree to These Terms by Using This Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. therunway+ may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the Terms of Use in effect at such time. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by therunway+. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use of the Site and exit the Site immediately.

2. Permitted Use of the Site; Termination

The information and materials on this Site are provided for personal, informational and product ordering purposes. You may use this site solely for the purpose of learning about and/or purchasing services and products from therunway+ You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. No right, title or interest in our Contents (as defined herein) is conveyed to you. This site is not directed at children and you may not use this site if you are under the age of thirteen.

You agree that therunway+ may, without cause or prior notice, and without liability to you or any third party, immediately terminate your therunway+ membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies therunway+ may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your therunway+ membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in therunway+’s sole discretion and that therunway+ shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.

You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: editor@therunwayplus.com.

3. User-Submitted Content

The Site may, from time to time, offer interactive features that allow users to submit content to the Site. therunway+ does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, therunway+ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize therunway+ to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded or you have the legal authority or permission to upload such photograph or content and to grant therunway+ the license detailed in the immediately following paragraph. In any event, therunway+ reserves the right to block or remove communications or materials that it determines to be unacceptable to therunway+ in its sole discretion.

By submitting any user-generated content, you hereby grant therunway+ (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents’ permission to make such grants. All content that you submit may be used at therunway+’s sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a therunway+ employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.

4. Interaction with other Users

You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release therunway+ (and therunway+’s officers, directors, agents, subsidiaries, licensors, suppliers, joint ventures, and employees (collectively, the “Representatives”)) from claims, demands, and damages (including direct, indirect, incidental, special, consequential, actual and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

5. Notice; Electronic Communications

When you visit this Site, send emails to therunway+, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with therunway+.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

6. Privacy

therunway+’s Privacy Policy is incorporated and made part of these Terms of Use and can be found on the following page: www.therunwayplus.com/privacy-policy. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by therunway+ in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary and the property of therunway+. therunway+ has the right to use, distribute, reproduce and publish any comments or materials submitted to therunway+ without limitation. You agree not to post any pornographic, profane, hateful, vulgar, obscene or sexually explicit language or material or any material that might be in violation of law. You agree to participate in the comments or other public forums in only a noncommercial method. You agree not to post any comments or material relating to solicitation of advertising, funds, goods, services or political views. therunway+ retains the sole right to edit, remove or delete any comments deemed inappropriate or in violation of these terms. We encourage you to read our Privacy Policy for more details.

7. Practices; Typographical Errors; Colors

You acknowledge that therunway+ may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on therunway+’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that therunway+ has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that therunway+ reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that therunway+ reserves the right to modify these general practices and limits from time to time.

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Site. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We endeavor to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on many factors, including the settings on your computer, monitor or mobile device.  Accordingly, the runway+ makes no guarantees that any actual colors of products or features as viewed on your computer, monitor or mobile device will be true or accurate. The inclusion of any products or services on this Site does not imply or warrant that these products or services will be available on our Site at any particular time.

8. Shopping

therunway+ has partnered with 72Lux, a technology company whose “Shoppable” software allows you to purchase the products you see on our site without having to be redirected to several different sites. 72Lux’s Shoppable technology lets you check out from many different retailers with a single checkout process on our website.  therunway+ does not collect, process or store your order, payment, shipping or billing information. Any questions about 72Lux’s privacy or other policies can be directed to customercare@72Lux.com.

Each product purchased via therunway+ is shipped directly from or returned directly to the specified retailer. All retailers are specified on the product page prior to your purchase so you can know where the product is shipping from in advance. Those retailers and links to their individual return and customer service policies will be specified on the checkout page and in the order confirmation email you will receive after submitting your order. You will receive post-order emails from each retailer after submitting your order and any communications regarding your order should be sent directly to the retailer or to 72Lux via customercare@72Lux.com.

Additional information about therunway+ shopping and our partner 72Lux can be found on our FAQ page.

Disclaimer – Warranty

THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THERUNWAY+ HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

therunway+ does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. therunway+ does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless therunway+ and its Representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your membership (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. You are responsible for protecting and not disclosing your user name and password to others.

10. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THERUNWAY+, NOR ANY OF ITS REPRESENTATIVES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

11. Third-Party Services and Links

In an attempt to provide increased value to our visitors, therunway+ may link to sites operated by third parties or utilize services provided by third parties. However, even if the third party is affiliated with therunway+, therunway+ has no control over these linked sites or services, all of which may have separate privacy and data collection practices, independent of therunway+. These linked sites and services are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, therunway+ specifically disclaims any responsibility if such sites or services: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

therunway+ does not endorse the content, or any products or services available, on such sites. Nonetheless, therunway+ seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.

12. Intellectual Property

Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, audio, trademarks such as THERUNWAY+ and THERUNWAYPLUS and design and logo  (collectively, ‘Contents’) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by therunway+ or its affiliates. The Contents may not be used by you for any commercial purpose without therunway+’s advance written consent.

Copyright 2012-14, ThirdGen Media, LLC dba therunway+ ALL RIGHTS RESERVED.

All software used on this Site is the property of therunway+ or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

13. Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

therunway+ does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.

14. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the state of Florida, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Palm Beach County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

15. Assignment

therunway+ may assign its rights and duties under these Terms of Use to any party at any time without notice to you.



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