Last Updated: January 1, 2023
Welcome to Red Herring Clothing! By accessing or using our website, mobile application, or related services (collectively, the “Services”), you agree to be bound by these Terms of Service and all terms incorporated by reference. Please read this agreement carefully, as it governs your use of our Services.
1. Acceptance of Terms
You may not use our Services if you do not accept this agreement. By using any part of the Services, you agree to these terms. If you do not agree to all of these Terms, do not access or use our Services.
We may revise these Terms from time to time. The changes will not be retroactive, and the updated version will govern your use of the Services going forward. Your continued use of the Services after the effective date of changes constitutes acceptance. It is your responsibility to review these Terms regularly.
2. Eligibility to Use Our Services
You must be at least 13 years old to access or use our Services. If you are under 18 (or the legal age of majority where you live), you may only use our Services under the supervision of a parent or guardian who has agreed to these Terms.
Certain regions may have additional requirements for eligibility that you must comply with. We reserve the right to limit access to or use of our Services based on applicable laws or regulations in certain jurisdictions.
3. Your Account and Responsibilities
To access certain features, you may be required to register and create an account. When you create an account, you must provide accurate, current and complete information. You are solely responsible for your account and activity conducted through your account.
You must keep your account password secure and not share it with others. You are responsible for all activities under your account, even if conducted by others. You must notify us immediately of any breach of security or unauthorized use of your account.
We recommend that you use a unique password for your Red Herring account that is not used for other websites. You must not sell, transfer or assign your account or any account rights.
4. Intellectual Property Rights
Red Herring retains all rights, title, and interest in the Services and Content available through the Services. These Terms do not grant you any ownership rights in the Service, Content, trademarks, logos, domain names, or other brand features.
Content includes any information, photographs, videos, audio, graphics, data, formatting, graphs, designs, sketches, interfaces, trademarks, logos, service marks, and other materials published or made available through the Services.
You may use Content for your personal, non-commercial use only. You must not modify, reproduce, distribute, create derivative works from, publicly display or otherwise exploit any Content without express permission from Red Herring.
5. User Content
You are solely responsible for any content you contribute, including compliance with laws. You represent that you have all rights required to grant Red Herring the license below.
By uploading, embedding, posting or otherwise making available any text, images, audio, video or other content as part of using our Services (“User Content”), you automatically grant Red Herring a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such User Content (in whole or part) worldwide through any form or media formats and through any media channels now known or hereafter devised.
Red Herring has no responsibility to publish or make available any User Content. We may remove any User Content at any time and for any reason. Please note that User Content, once published, may not be able to be completely removed from the internet.
6. Prohibited Conduct
You agree not to engage in any illegal or unauthorized conduct that interferes with the proper working of our Services or imposes an unreasonable or disproportionate burden on our infrastructure. You specifically agree not to:
- Attempt to bypass any use limitations or gain unauthorized access to the Service or user accounts.
- Use automated means to access the Services or harvest any data from the Services.
- Introduce any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
- Defame, abuse, harass, stalk, or threaten others.
- Publish or link to malicious content intended to damage or disrupt another user’s systems or the Service.
- Export or re-export the Services or Content in violation of export control and sanctions laws.
- Reproduce, duplicate, copy, alter, modify, create derivative works, publicly display or frame any part of the Service without Red Herring’s consent.
- Remove any copyright, trademark or other proprietary rights notices from the Service.
7. Service Availability & Modifications
We strive to keep our Services up and running; however, all online services suffer occasional disruptions and outages. We may need to suspend our Services or certain functions with or without notice for reasons such as maintenance, upgrades, or outages.
We reserve the right to modify or discontinue all or part of the Services with notice that we determine is reasonable under the circumstances, provided that we will not modify the Terms retroactively without your consent.
8. Third-Party Services
The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”). We do not control any Third-Party Services. We are not responsible for the availability, accuracy, appropriateness, or legality of any such Third-Party Services.
Your use of Third-Party Services is at your own risk. Our inclusion of any link or integration with a Third-Party Service does not imply endorsement, warranty, or recommendation by us.
9. Assumption of Risk
There are risks in using any online service. By using our Services, you assume all risks associated with your access, use, or misuse. You agree that we will not be liable for any loss or damages related to:
- Viruses, worms, Trojan horses, ransomware or other harmful components that may infect your computer equipment or other property when you access or use the Services.
- Changes we may make to the Services that cause any application you use to access the Services to temporarily stop working or function improperly.
- Delays, disruptions or distortions in using the Services due to limitations of technology.
- Glitches, bugs, errors, or inaccuracies in Services content or information.
- Damage caused by your access or use of Content obtained through the Service.
- Your reliance on Content created, uploaded, posted, or shared by third parties on the Services.
- Damage caused by the unauthorized access or use of your account or any loss or corruption of data transmitted in relation to the Service.
10. Limitations on Liability
We will not be liable for damages of any kind arising from your use of the Services.
In no event shall Red Herring, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of goodwill, access delays, data loss or costs of procurement of services, arising out of or related to these Terms, whether in warranty, contract, tort, or otherwise.
Our total liability arising out of or relating to the Services is limited to the greater of: a) the amounts paid by you to Red Herring for access to and use of the Services during the 12 months prior to the event causing liability; or b) One Hundred British Pounds (£100).
11. Indemnification
You will indemnify and hold harmless Red Herring and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees arising out of or in any way related to your access to or use of the Services, User Content, or your breach of these Terms.
12. Applicable Law and Jurisdiction
These Terms are governed by the laws of the United Kingdom. You consent to the personal jurisdiction of and exclusive venue in the courts in London, England with respect to any dispute arising out of or relating to these Terms or use of the Services.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The Uniform Computer Information Transaction Act as enacted will not apply.
13. Termination
You may stop using the Services at any time. Red Herring may also terminate or suspend your access to the Services at any time, for any or no reason, without notice or liability to you. All provisions will survive termination, except those granting access to or use of the Services.
Upon termination of your account, your right to access and use the Services will immediately cease. The following provisions will survive termination: Content Ownership, User Content License, Assumption of Risk, Disclaimer of Warranties, Limitation of Liability, Indemnification, Applicable Law & Jurisdiction, and Termination.
14. Feedback
We appreciate when users take time to provide feedback about our Services. If you choose to submit comments, suggestions or feedback, you agree that Red Herring is free to use them without compensation or attribution. User feedback does not indicate Red Herring’s endorsement.
15. Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Red Herring Customer Service, 44-203-318-4618 or [email protected].
16. Contact Information
Red Herring welcomes questions or comments about these Terms and Conditions of Use:
Red Herring Customer Service
44-203-318-4618
[email protected]
17. Complete Agreement
Except where expressly stated otherwise, these Terms constitute the entire agreement between you and Red Herring with respect to access to and use of the Services.
