Terms of Use

Welcome to the RoC® Brand website (“RoC®”), an online platform that provides products and services for consumer end users (collectively, “Users”). The RoC® Platform (defined below) is operated by RoC Opco LLC (the “Company,” or “we” or “us”), except and unless otherwise indicated.

These Terms of Use, which sometimes may be referred to as Terms of Service (“Terms of Use”), the RoC® Brand Review Terms of Services and the Privacy Policy (the “Privacy Policy”) govern your use of RoC® and any other websites, domains, sub-domains and technology products associated therewith (collectively, the “RoC® Website”), your access to the RoC® Website, and your right to read, upload, edit and publish text, photographs, illustrations, video, audio and/or any other media or content (“Content”) from the RoC® Website, and all other products and services offered by the Company (“RoC® Platform”).

Please read the following carefully: by creating or accepting an account on the RoC® Platform or accessing or otherwise using the RoC® Platform, including, without limitation, use of any of the RoC® website and/or downloading of any content, you (“you” or “user”) agree that you have read, understand and agree to be bound by these Terms of Use, which include the Company’s Privacy Policy and any other rules or guidelines that we post from time to time (collectively, the “Terms”). If you do not agree to all the Terms included herein, then you may not access or use the RoC® Platform.

The RoC® Platform is not intended for users under the age of 16. If you are under the age of 16, then you need to get your parent or guardian (usually your mom or dad) to give us permission for you to use the RoC® Platform. If you believe, for any reason, that we have obtained any information from or about a minor that has not been provided in compliance with these Terms or the Privacy Policy, please contact us immediately at 1-800-RoC-1964 (1-800-762-1964).

If you are a parent or guardian and you give us permission for a minor to register with and use the RoC® Platform, then you agree to be bound by these Terms as they relate to such minor’s use of the RoC® Platform.

 

ACCEPTANCE OF TERMS

  • The RoC® Platform is owned and operated by the Company. Access and use of the RoC® Platform is provided by the Company to you on the condition that you accept these Terms, and by accessing or using the RoC® Platform, you agree to these Terms. If you do not agree to accept these Terms, you should not access or use the RoC® Platform in any possible form. References to “use,” “access,” or “permission” (to use or access) the RoC® Platform refers to use, access, or permission to use or access the RoC® Platform in any way and to any extent.
  • The services that the Company provides to the public in general are subject to these Terms. The Company reserves the right to update these Terms at any time with notice posted to the RoC® Website. The most current version of the Terms of Use can be reviewed by clicking on the “Legal” hypertext link located at the bottom of the RoC® Website.
  • A User’s right to use the RoC® Platform is personal to such User or the individual or entity who/that acquired such User’s access. Unless expressly stated otherwise in writing and with the Company’s express prior consent, any rights in these Terms are not transferable by a User to any other person or entity. If you are accessing and using the RoC® Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
  • The Company shall have the right at any time to change or discontinue the RoC® Platform, the RoC® Website and/or any feature or function thereof, including, but not limited to, content, hours of availability, and equipment needed for access or use.
  • The Company’s Privacy Policy, which describes how we collect and use information from you, is available here: https://www.rocskincare.com/privacy-policy and at the link titled “Privacy Policy” within the RoC® Platform (including at on our homepage).
  • If you breach any of the Terms, the Company may automatically terminate your use of the RoC® Platform, without notice, and any failure of the Company to terminate your access shall not be deemed a waiver thereof with respect to such instance of breach or any subsequent or prior breach.

CHANGED TERMS; PRICING

The Company shall have the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions, including, but not limited to, adding subscription features and access to Content and other electronic resources. Such changes, modifications, additions or deletions (collectively, “Modified Terms”) shall be effective immediately upon your affirmative consent, which we will require of you the next time you access the Platform, unless the changes are of such a nature that only notice is required, in which case, the Modified Terms shall be effective immediately upon notice thereof and your continued use of the RoC® Platform shall be deemed to constitute acceptance of such Modified Terms. Notice of such Modified Terms will typically be given by posting on the RoC® Platform.

CONSENT; CONDUCT

  • You affirm that (i) you are at least 16 years of age and/or are fully able and competent to enter into, and comply with, these Terms or (ii) you are a parent or guardian giving us permission for a minor to use the RoC® Platform. You shall use the RoC® Platform for lawful purposes only. You shall not post or transmit through the RoC® Platform any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by you that in the Company’s sole discretion restricts or inhibits any other individual or entity from using the RoC® Platform will not be permitted.
  • The RoC® Platform contains copyrighted Content, trademarks and other proprietary information, including, but not limited to, text, images, photos, video, graphics and other materials belong to the Company, which are copyrighted as a collective work under the copyright laws of the United States of America and other countries, which extends to the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Except as otherwise expressly permitted, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted.
  • You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of any of downloaded shared Content, in whole or in part, otherwise as provided to you as part of the services by the RoC® Platform.
  • You may not reverse engineer, decompile or disassemble the RoC® Platform (except to the extent specifically permitted by applicable law). You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the RoC® Platform); provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the RoC® Platform are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. You agree not to collect or harvest any personally identifiable information (or other information about users of the RoC® Platform), including account names, from the RoC® Platform, nor to use the communication systems provided by the RoC® Platform, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the RoC® Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the RoC® Platform or the Content. You may not frame any part of our RoC® Platform, unless we specifically give you our express written consent to do so. You may not use, or attempt to use, the RoC® Platform through any means not explicitly and intentionally made available, provided or intended with respect to the RoC® Platform. You may not harvest information about users of the RoC® Platform for any purpose. You may not use the RoC® Platform in any manner that could damage, disable, overburden, or impair the RoC® Platform or that harms the Company, its service providers, suppliers or any other person.

CONTENT PROVIDED TO THE RoC® PLATFORM

The copyright of all Content uploaded by Users is held by such User. Users may not upload content to which they do not own the copyrights. The Company does not claim ownership of the Content that Users provide to the Company (including, without limitation, feedback and comments) or upload to the Company. However, by uploading Content, a User is granting the Company, permission to use such Content in connection with the operation of its business (including, without limitation, the RoC® Platform), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Content.

As more fully set forth in the RoC® Brand Review Terms of Use, the Company is under no obligation to post or use any Content that a User may provide, and the Company may unpublish any Content that it determines to be in violation of these Terms, the RoC® Brand Review Terms of Use, or the Privacy Policy at any time. By uploading Content, a User warrants and represents to own or otherwise possess and control all of the rights to such User’s Content as described in these Terms, including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Content. In addition to the warranty and representation set forth above, by uploading a Content, each User warrants and represents that (a) such User is the copyright owner of such Content, (b) such User has the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in Content has provided consent (such as a Model Release) to the use of the Content as set forth in these Terms and the Privacy Policy, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

  • YOU EXPRESSLY AGREE THAT USE OF THE RoC® PLATFORM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE RoC® PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE RoC® PLATFORM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH THE RoC® PLATFORM.
  • TO THE FULLEST EXTENT PERMITTED BY LAW, THE RoC® PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  • IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE RoC® WEBSITE OR THE RoC® PLATFORM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE RoC® PLATFORM.
  • IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE RoC® PLATFORM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
  • NEITHER THE COMPANY NOR YOU WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF 15 DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THESE TERMS SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.
  • NO ENDORSEMENT; LINKS TO THIRD PARTY SITES/MATERIAL

The Company does not sponsor, endorse, recommend or approve of any Content submitted to the RoC® Platform by any User. While the Company tries to confirm all such Content meets the requirements of these Terms, the Company cannot and does not represent or warrant that any Content is complete, accurate or not misleading. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by the Company. All non- RoC® trademarks, product names and logos appearing on the RoC® Platform are property of their respective owners.

The RoC® Platform may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third Party Materials are not owned or controlled by the Company. These Third Party Materials are provided for your reference and convenience only, and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. If you arrive at the RoC® Platform from a third party link or as a result of any of the prohibited solicitations described in this paragraph, please note that such link to or solicitation for the RoC® Platform does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies or practices. Unless RoC® provides written consent for you do to so, you will not engage in solicitation activities on our behalf that refer potential customers to us including, but not limited to: distributing flyers, coupons and other printed promotional materials, or electronic equivalents; verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending emails.

MONITORING

The Company shall have the right, but not the obligation, to monitor the content of the RoC® Platform, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to refuse to post, unpublish or remove any material submitted to or posted on the RoC® Platform. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the RoC® Platform by you.

TERMINATION

The Company may terminate these Terms at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any User’s access to the RoC® Platform in the event of any conduct by such User that the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by such User of these Terms and any other agreement referenced herein between the Company and such User.

MISCELLANEOUS

These Terms shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

COPYRIGHT NOTICE

The Company, its logos and slogans are trademarks of the Company. All rights reserved. All other trademarks appearing on the RoC® Platform are the property of their respective owners. Any rights not expressly granted herein are reserved.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been reproduced in connection with the RoC® Platform in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the RoC® Platform, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

Notification pursuant to the DMCA should be submitted to:

RoC Opco LLC
261 Madison Avenue
New York, NY 10016

@RoCSkincareOfficial

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