LAST UPDATED: August 16, 2021
These Terms of Use (the “Terms” explain how you can use www.rockerromance.com and/or www.kaylenewinter.com (the “Sites”) and Kaylene Winter controlled social media pages (collectively, the “Service”). By using the Sites, you agree to the following:
You Agree to the Terms
By using the Service, you acknowledge and accept these Terms and our Privacy Policy. If you don’t agree with our Terms or Privacy Policy, then you will not use the Service. You understand that we may change, modify, add, or delete any part of these Terms and the Privacy Policy at any time without telling you about the changes. If we alter the Terms or Privacy Policy and you continue to use the Service, you have agreed to the changes.
License and Restrictions
We grant you a limited license to use the Service for your personal use only. We may prohibit your access to the Service if you use the Service for any reasons other than your personal use. Examples of activities that may cause you to lose your rights to use the Service:
- Using the Service to make money or charging other people for access to the things you may create by using the Service;
- Making a copy of the Service or any portion of the Service, except as allowed under these Terms;
- Making a copy of the Service, or any portion of the Service, publicly available or available on a network for use or download by multiple users;
- Using any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;
- Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on or otherwise modifying the Service, in whole or in part;
- Removing, obscuring or modifying any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsifying or deleting any author attributions, legal notices, or other labels of the origin or source of the material;
- Misrepresenting the source of ownership of the Service; and
- Conducting any other activity that might be considered illegal or tortious. This can include “hacking” the Service, infringing the intellectual property or other rights of third parties, modifying, altering, translating, reverse engineering, decompiling, or disassembling the Service or related documentation or creating derivative works based on the Service.
Third Party Products and Service
Part of the Service may include products and services that we get from people or companies that are separate from us. If you use any of these products or services, you assume all risks and possible harm that you might experience when using those products or services. We may also link to other websites. We have no control over the websites that we link to, and we are not responsible for any content, advertising, products, or other materials on or available from those websites. Those websites should have their own terms of use and privacy policies, so be sure to check them out.
Purchasing on the Sites
The Services give you the opportunity to purchase our products directly through the Sites. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.
You will need to provide certain personal information so we can fulfill your purchase order. This information is processed by trusted third-party service providers and not retained by us. Please see the Privacy Policy for more information.
We have the right to limit the sales of our products or Services to any person or geographic location. All descriptions of products or product pricing are subject to change at any time without notice. We also reserve the right to discontinue any product at any time.
We reserve the right to refuse any order you place with us. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Sites.
Return Policy
We hope you love your Kaylene Winter and Less than Zero Romance products and that you always have a good experience with our brand. However, due to the custom nature of our products, we do not offer any refunds or exchanges of products ordered on the Sites.
If you’d like to get in touch with us about an order, please reach out within 30 days of your purchase at info@rockerromance.com.
User Content
The Service may allow you to create content and data, including, but not limited to, comments and messages (“Content”). You must have all necessary rights and permissions to post the Content on the Service. In addition, you must not share, post, and distribute content that is harmful and disruptive, or content that will cause harm if disclosed including:
- Content containing or promoting racism, hate speech, violence, and illegal activity;
- Spam, unauthorized advertising, and other forms of solicitation;
- Content intended to disparage, defame, abuse, intimidate, bully, threaten, or otherwise harass other people; and
- The personal information of another or any other information that you do not have the permission to disclose.
Although we want all users to comply with all Content requirements, we do not have any obligation to monitor and review Content for compliance. However, if we do see Content that violates these rules, we may, either remove or edit the Content without letting you know ahead of time or terminate your ability to submit Content. If you see Content that violates these Terms, please let us know at info@rockerromance.com.
In exchange for your use of the Service, you grant us an exclusive, perpetual (forever), irrevocable (you can’t cancel it), fully transferable (we can give it to others) and sub-licensable (we can let others use it) worldwide right and license to use your Content in any way and for any purpose including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means, whether now known or unknown and distribute your Content without any notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. If not expressly prohibited by applicable law, you waive any moral rights with respect to our use of such Content and data in connection with the Service and related goods and services under applicable law. This license granted to us and the above waiver of any applicable moral rights survives any termination of this license.
Stay Connected
To access and use the Service, you need to have and maintain adequate internet connection. You are fully responsible for obtaining and maintaining internet access.
Ownership
We retain all right, title, and interest in and to the Service and all related intellectual property or proprietary right. If you provide us with feedback regarding any aspect of the Service, we will own all rights in and to such feedback and any derivative products or services developed from the feedback.
How We Use Your Personal Information
For information on how we use your personal information while you use the Service, please check out our Privacy Policy, which can be found HERE.
NO WARRANTIES AND LIMITATION OF LIABILITY
- WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
- THE SERVICE IS PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS OR PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
- WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnity
You will indemnify, defend, and hold us and our partners harmless from and against any damages, losses, and expenses arising from your acts or failure to act when using the Service.
Waiver of Class-Wide Proceedings
You agree that, you and we are each waiving the right to participate in a class action. We all agree that we will not initiate any class-wide proceedings, including class actions, against the other party, and will not act as a class representative or class member. We all agree that any dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in their individual capacity.
General
Governing Law
These Terms are governed by the laws of Washington, without regard to choice of law provisions, and you consent to the exclusive jurisdiction and venue of the state and federal courts in King County, Washington.
Attorneys’ Fees
If any suit or action is instituted to enforce these Terms, the prevailing party will recover from the losing party all fees, costs, and expenses, including all fees, costs, and expenses for appeals and for attorneys and accountants, for enforcing its rights under these Terms.
Immediate Harm
If you breach these Terms, you may cause us immediate and irreparable harm and we will be entitled to seek injunctive relief without the necessity of posting bond.
Our Relationship.
We are independent parties and nothing in these Terms creates an employment or agent relationship.
Severability
If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances.
Assignment
The licenses we grant to you are for you and you alone. You may not transfer or assign these Terms or licenses without our express written consent.
Section Headings
The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms.
Waiver
The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision.
Entire Agreement
The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Service.
Our Contact Information. If you have questions regarding the Terms, please contact us at: info@rockerromance.com.
