RUNWAY JUNKIE END USER AGREEMENT
Welcome to the user agreement (the “Agreement” or “User Agreement”) for Runway Junkie (“Runway Junkie”, “RunwayJunkie.com” or the “Site”). By using Runway Junkie, you (“you” or “the user”) agree to be bound by the terms and conditions of this Agreement, including those available by hyperlink. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. If you have any questions, please refer to the Help section of the Site.
Before you may become a member of RunwayJunkie.com, you must read and accept all of the terms and conditions in and linked to the Agreement. The Agreement is effective on August 31, 2010, for current users, and upon acceptance for new users.
2. Runway Junkie is a Venue
Runway Junkie acts as a venue for users who comply with Runway Junkie’s policies to offer, sell, and buy new and gently used designer clothing and accessories within a fixed price format. Users may create their own Runway Junkie shop by opening an account and listing one or more items for sale.
Runway Junkie is not directly involved in the actual transaction between the buyers and sellers. It merely facilitates the transaction. As a result, Runway Junkie has no control over and does not guarantee the quality, safety or legality of items listed, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. Runway Junkie does not provide escrow services, or offer buyer or seller protection. Runway Junkie does not pre-screen users or the content or information provided by users. Runway Junkie is not liable for any misrepresentations made by a seller with respect to, but not limited to, quality or ownership.
Runway Junkie does not transfer legal ownership of items from the seller to the buyer. Nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(a) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Runway Junkie encourages users to communicate directly with each other regarding potential transactions through the tools available on the Site.
You agree that Runway Junkie is a venue and is thus not responsible or liable for any content, including data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, posted by you, other users, or outside parties on Runway Junkie.
3. Membership Eligibility
3.1 General. Runway Junkie’s services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Runway Junkie members. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. If so, the adult is the user and is responsible for any and all activities. In addition, your Runway Junkie account and User ID may not be transferred or sold to another party. A user is not permitted to change his or her user name at any time. A user may change his or her email address only if the original email address is inactive. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
3.2 One Account per Person, Maximum of Two Accounts per U.S. Address or Household. No individual is permitted to have more than one single account at any time. Such individuals must reside in the U.S. to buy or sell merchandise through Runway Junkie. While Runway Junkie allows two accounts per household, it reserves the right to limit a household to one account when it deems it necessary to protect its users from fraud or the risk of fraud. This determination is within Runway Junkie’s sole discretion to make.
3.3 Compliance. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Runway Junkie’s policies as stated in this Agreement and these Runway Junkie policy documents:
Intellectual Property & Copyright Policy
3.4 Password. Use of this Site requires a user password. You agree to maintain confidentiality of your password and are solely responsible for all activity, liability and damage resulting from its use, whether authorized or unauthorized. You agree to immediately notify RunwayJunkie.com of any unauthorized use of your password or any breach of security. You also agree that Runway Junkie cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
3.6 Right to Refuse Service. Runway Junkie’s services are not available to temporarily or indefinitely suspended Runway Junkie members. Runway Junkie reserves the right, in Runway Junkie’s sole discretion, to cancel unconfirmed or inactive accounts. Runway Junkie reserves the right to refuse service to anyone, for any reason, at any time.
Without limiting any other provision of the Agreement, Runway Junkie reserves the right to, in Runway Junkie’s sole discretion and without notice or liability, deny access to and use of the Website to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in the Agreement or any applicable law or regulation.
4. Fees and Services
4.1 General. Joining and setting up a shop on Runway Junkie is free. Runway Junkie charges a one-time initial fee for listing an item. When you list an item, you have an opportunity to review and accept the listing fee that you will be charged. Runway Junkie’s fee policies, which are subject to change, are incorporated into this Agreement by reference. Changes to the fee policies for Runway Junkie’s services are effective after Runway Junkie provides you with at least fifteen (15) days’ notice by conspicuously posting the changes on the Site.
Runway Junkie may choose to temporarily change the fee policies for Runway Junkie’s services for promotional events. Such changes are effective when Runway Junkie posts the temporary promotional event on the Site. Runway Junkie may, at its sole discretion, change some or all of Runway Junkie’s services at any time. In the event Runway Junkie introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees associated with using Runway Junkie.
4.2 Fees and Termination. No listing fee refunds are permitted. Once an item is listed, and the listing fee paid, no refunds are permitted regardless of whether the item is sold or not. If Runway Junkie terminates your account, if you close your account, or if the payment of your Runway Junkie fees cannot be completed for any reason, as a buyer or seller, you remain obligated to pay Runway Junkie for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Runway Junkie.
5. Listing and Selling
5.1 Listing Description. By listing an item on the Site, you warrant that you and all aspects of the item comply with Runway Junkie’s policies. You warrant that you may legally sell the item and have the item in your possession. You also warrant that all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents. You must accurately describe your item and all terms of sale in your Runway Junkie shop. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item.
5.2 Shop Policies. All sellers are urged to outline shop policies for their Runway Junkie shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Runway Junkie’s Site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Runway Junkie reserves the right to request that a seller modify a shop policy.
5.3 Binding Sale. All sales are binding. The seller is obligated to ship the order within two business days or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment), or (b) the seller cannot authenticate the buyer's identity or address. The buyer is obligated to deliver appropriate payment for items purchased, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity.
5.4 Fee Avoidance. The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Runway Junkie transaction fees, misrepresent the item’s location, or use another user’s account without permission. We recommend buyers and sellers use USPS ground shipping pricing & dates as a guideline (see shipping policy).
6. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding Runway Junkie and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Runway Junkie. You agree that you will not post content that:
1. Is false, inaccurate or misleading
2. Is fraudulent or involves the sale of illegal, counterfeit or stolen items
3. Infringes upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Violates this Agreement, any Site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Defames, libels, unlawfully threatens, unlawfully harasses, impersonates or intimidates any person (including Runway Junkie staff or other users), or falsely states or otherwise misrepresents your affiliation with any person, through for example, the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device
6. Contains obscenity, contains child pornography or nudity.
7. Contains or transmits any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
8. Circumvents or manipulates the fee structure, billing structure or commission owed to Runway Junkie
9. Hosts images not part of a listing
10. Modifies, adapts or hacks Runway Junkie or modifies another website so as to falsely imply that it is associated with Runway Junkie;
11. Appears to create liability for Runway Junkie or causes Runway Junkie to lose (in whole or in part) the services of Runway Junkie’s ISPs or other suppliers
12. Links directly or indirectly, references or contains descriptions of goods or services that are prohibited under this Agreement or any other Site policies.
13. Transmits SPAM: You may not use our communication tools to send unsolicited email advertisements to Runway Junkie email addresses. This is expressly prohibited by this Agreement and is a violation of certain federal and state laws, including without limitation the Computer Fraud Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.
7.2 Re-Posting Content. By posting Content on Runway Junkie, it is possible for an outside website or a third party to re-post that Content. Runway Junkie is not liable for any improper use of your content by a third party. You agree to hold Runway Junkie harmless for any dispute concerning this use. If you choose to display your own Runway Junkie-hosted image on another website, the image must provide a link back to its listing page on Runway Junkie.
8. DMCA Copyright Policy and Copyright Agent
Runway Junkie respects the intellectual property rights of others and we require our users to do the same. Use of the material in a manner which is inconsistent with the terms and conditions set forth herein is strictly prohibited.
Runway Junkie has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"), as codified in 17 U.S.C §512. The contact information for our designated Agent to receive notification of claimed copyright or intellectual property infringement ("Copyright Agent") is listed at the end of this policy.
If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Runway Junkie’s Copyright Agent:
Information reasonably sufficient for Runway Junkie to contact you: name, address, phone and e-mail address (if available);
A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
Information reasonably sufficient to permit Runway Junkie to locate your work on the site;
A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner's behalf;
A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim.
Please submit your statement to Runway Junkie by fax or email as set forth below:
Devon Sparrow, Esq. at: firstname.lastname@example.org; or fax to (617) 951-8736
9. Information Control
9.1 General. Runway Junkie does not control the Content provided by users that is made available on this Site. You may find some Content to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying and selling when using Runway Junkie. Please note that there are risks of dealing with underage persons or people acting under false pretense. There may be risks dealing with international trade and foreign nationals. By using Runway Junkie, you agree to accept such risks and that Runway Junkie (and its officers, directors, and employees) is not responsible for any and all acts or omissions of users on Runway Junkie.
9.2 Forums. Runway Junkie may make available to users of this Site, message boards, opinion forums, bulletin board services or other interactive communication facilities (together, “Forums”). Runway Junkie cannot review all communications made on or through the Site. However, Runway Junkie reserves the right to monitor the Forums and edit, modify or delete any materials which Runway Junkie, in its sole discretion, determines to violate this Agreement or to be in any other way offensive or contrary to any Runway Junkie policy, either written or unwritten. You agree to not hold Runway Junkie liable for removing material from the Website, for whatever reason.
You agree that Runway Junkie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
10. Resolution of Disputes and Release
In the event a dispute arises between you and RunwayJunkie, please contact Runway Junkie.
Runway Junkie is not involved in any transaction, does not guarantee transactions, handle payments, provide escrow service, or offer buyer or seller protection. Should you have a dispute with one or more users, or an outside party, you release Runway Junkie (and its officers, directors, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Runway Junkie encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from, demands and damages (actual and consequential) 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 § 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 know by him must have materially affected his settlement with the debtor.”
11. Runway Junkie’s Intellectual Property
Runway Junkie, and other Runway Junkie graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Runway Junkie in the U.S. Runway Junkie’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
12. Access and Interference.
This Site may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Runway Junkie is updated on a real-time basis and is proprietary or is licensed to Runway Junkie by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Runway Junkie for any purpose without our prior express written permission.
Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in Runway Junkie’s sole discretion, an unreasonable or disproportionately large load on Runway Junkie’s infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in this Agreement) without the prior expressed written permission of Runway Junkie and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass Runway Junkie’s robot exclusion headers or other measures Runway Junkie may use to prevent or restrict access to Runway Junkie.
Without limiting other remedies, Runway Junkie may, without notice, and without refunding any fees, delay or immediately remove Content, warn Runway Junkie’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: (i) Runway Junkie suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or any other policy documents incorporated herein; (ii) Runway Junkie is unable to verify or authenticate any of your personal information or Content; or (iii) Runway Junkie believes that a user (a) is acting inconsistently with the letter or spirit of Runway Junkie’s policies, (b) has engaged in improper or fraudulent activity in connection with Runway Junkie, or (c) the actions may cause legal liability or financial loss to Runway Junkie’s users or to Runway Junkie.
15. No Warranty
RUNWAY JUNKIE, RUNWAY JUNKIE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND RUNWAY JUNKIE’S SUPPLIERS PROVIDE RUNWAY JUNKIE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. RUNWAY JUNKIE, RUNWAY JUNKIE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND RUNWAY JUNKIE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM RUNWAY JUNKIE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
16. Liability Limit
IN NO EVENT SHALL RUNWAY JUNKIE, AND (AS APPLICABLE) RUNWAY JUNKIE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR RUNWAY JUNKIE’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, RUNWAY JUNKIE’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
RUNWAY JUNKIE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF RUNWAY JUNKIE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO RUNWAYJUNKIE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD RUNWAY JUNKIE AND (AS APPLICABLE) RUNWAY JUNKIE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
18. No Guaranty
Runway Junkie does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Runway Junkie’s control.
19. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Runway Junkie’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
21. No Agency
You and Runway Junkie are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
22. Runway Junkie Service
Runway Junkie reserves the right to modify or terminate the Runway Junkie service for any reason, without notice, at any time. Runway Junkie also reserves the right to alter this Agreement or other Site policies at any time. If immaterial, the changes take effect as soon as they are posted. Material changes to this Agreement will be posted conspicuously on this Site. Material changes take effect fifteen (15) days after they are posted.
23. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California and disputes arising under this Agreement will be adjudicated by the courts of the State of California.
Sections 4 (Fees and Services), 7 (Content), 8 (Information Control), 9 (Resolution of Disputes and Release), 10 (Runway Junkie’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), and 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Runway Junkie, PO Box 11206, Newport Beach, CA 92658 (in the case of Runway Junkie) or, in your case, to the email address you provide to Runway Junkie (either during the registration process or when your email address changes) OR by certified mail, postage prepaid and return receipt requested, to the address provided to Runway Junkie. Notice shall be deemed given (1) 24 hours after email is sent, unless the sending party is notified that the email address is invalid; or (2) three days after the date of mailing.
The services hereunder are offered by Runway Junkie, located in San Francisco, California. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.