• Terms of Use & Privacy Policy
  • April 25th, 2012
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TERMS OF SERVICE AGREEMENT

Last Modified: 4/25/2012

Welcome to shoesrforever.com (“shoesrforever.com”, “we”, “us” or “our”). Please read these Terms of Service (“Agreement”) carefully, as it constitutes legally binding terms and conditions and applies to your use of (a) the website located at www.shoesrforever.com and all corresponding web pages and websites associated with the foregoing URL (“Site”), and (b) any other content, applications, features, functionality, information and services offered by us though the Site, including, without limitation, viral, embeddable or application/device-based features and related technology (e.g., mobile, web, console, desktop and other APIs, widgets, plugins, applications, etc.) (collectively, “Services“). This Agreement applies whether you are accessing the Services via a wireless or mobile device, a personal computer or any other technology or device (each, a “Device”). This Agreement does not cover other services, websites or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated.

 

This Agreement applies to all users of the Services, whether or not you have registered for same (“User”, “you” or “your”), and by using the Services you expressly understand, acknowledge and agree to comply with this Agreement and any additional terms and conditions that we provide to you in connection with your use of or access to same, including, without limitation, in connection with related technology and other products and services we may offer or make available to you (“Additional Terms”). The Services’ Privacy Policy (“Privacy Policy”) and the Additional Terms are hereby incorporated into this Agreement by reference as though fully set forth herein. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.

1.             SERVICES. Subject to the terms and conditions of this Agreement, the Services shall enable Users to access certain features, functionality, information and services.  Some of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g., Facebook, etc.) (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third Party Platforms, in addition to providing application hosting, content distribution, support and other related services, may provide us with certain additional information about you, which may include, without limitation, your email address, legal name, location, date of birth, and preferences, all as more fully described herein and subject to the terms and conditions hereof, including the Privacy Policy.

2.             TERM. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of or registration for the Services at any time, for any reason, and we may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.

 

3.             MODIFICATIONS. We may modify this Agreement from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We will post or display notices of material changes on the Services and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.

4.             ELIGIBILITY; COMPLIANCE. Use of the Services is limited to users 13 years of age and older.  By using the Services, you represent and warrant that (a) you are 13 years of age or older and (b) your use of the Services does not violate (i) any applicable law, rule or regulation or (ii) any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform. Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a User between the ages of 13 and 18, please review this Agreement with your parent or guardian. Your parent or guardian should agree to this Agreement on your behalf and parental discretion is advised for all Users under the age of 18. Further, if you provide information that is untrue, inaccurate, not current or incomplete, or shoesrforever.com suspects that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

 

5.             REGISTRATION.

 

5.1           In order to access and use certain content, features and functionality of the Service, we may require that you (a) register for the applicable Services, whether on the Site, a Third Party Platform or otherwise, including, in some instances, creating and/or providing a username and password combination (“User Credentials”) and (b) provide to us and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain additional information, which may include, without limitation, your email address, legal name, country of residence, location, date of birth, and certain preferences and other information (collectively, a “User Account”).

 

5.2                  You represent and warrant that all registration and account information you submit and/or make available is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf. It is therefore critical that you do not share your User Credentials with anyone.  You agree to immediately notify use of any unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. We shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 5.

 

6.             PERSONAL INFORMATION. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Services, you may be asked to provide certain personalized information to us or we may obtain such information from certain third parties, including, without limitation, Third Party Platforms (e.g., Facebook, etc.) (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions regarding the collection, use and disclosure of your personal information. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

 

7.             PROPRIETARY RIGHTS.

 

7.1           As between you and shoesrforever.com, shoesrforever.com owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available through the Services (“Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all audio/visual content, photographs, logos, copy, text, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.

 

7.2           Except as expressly set forth herein, the Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes.  You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Services. Except as expressly authorized by shoesrforever.com and set forth in Additional Terms (e.g., Services that allow for the use of embeddable or viral features, applications, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without our express, prior written consent or its owner if we are not the owner. Moreover, the framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.  You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services.  Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in Section 10 below.

 

8.             USER CONDUCT.  You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is expressly prohibited. You agree that, while using the Services, you shall not:

 

(a)                         engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;

(b)                         submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(c)                          submit, post, email, display, transmit or otherwise make available through the Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;

(d)                         engage in or encourage conduct that affects adversely or reflect negatively on shoesrforever.com, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to us in connection with the Services;

(e)                         submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(f)                          except as expressly permitted herein, use the Services for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website, platform or service;

(g)                         modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;

(h)                         impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity;

(i)                           forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services;

(j)                           solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages;

(k)                  modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so; or

(l)                   submit, post, email, display, transmit or otherwise make available through the Services any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.

 

shoesrforever.com assumes no responsibility for monitoring the Services for inappropriate, false, incorrect, misleading, deceptive or unlawful content, information, materials or conduct.  If at any time we choose in our sole discretion to monitor the Services, we nonetheless assume no responsibility for User Postings (as defined herein), no obligation to modify or remove any User Postings, and no responsibility for the conduct of any User. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates, or is suspected of violating, this Section 8, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that we may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of shoesrforever.com, users or any third parties.

 

 

 

9.             USER POSTINGS.

 

9.1           The Services may provide you and other users with an opportunity to participate in message, comment, communication and other social networking features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other content and information via the Services (each, a “User Posting”, and collectively, “User Postings”). When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, information about the User Posting, your location, preferences, photographs, media and/or similar information. You acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (a) you have no expectation of privacy in any User Posting and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and shoesrforever.com by reason of your transmitting a User Posting to any area of or in connection with the Services. Further, you understand that by using the Services, you may be exposed to other people’s User Postings that could be offensive, incorrect, indecent or objectionable and, as such. Under no circumstances shall shoesrforever.com be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.

 

9.2           We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; provided, however, that we shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating this Agreement, including, without limitation, Section 8 herein, or is deemed to be unacceptable as determined in our sole discretion.

 

9.3           In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to shoesrforever.com the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to us, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in this Agreement and granted to us shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.

 

9.4           We do not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (a) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate this Agreement, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (c) you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.

 

10.           DIGITAL MILLENNIUM COPYRIGHT ACT. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, your may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;

 

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

 

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

 

  • A 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

 

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Written notification of claimed infringement must be submitted to the following Designated Agent:

Tel: 347.645.4681
Email: beth@shoerforever.com

For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to shoesrforever.com customer service by sending an email to the contact specified in Section 17 below.  You acknowledge and agree that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.

 

11.           THIRD PARTY PLATFORMS, SERVICES AND CONTENT. The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services, or (b) any third party websites, content, data, information, applications, platforms, goods, services or materials, including Third Party Platforms (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of shoesrforever.com or its affiliates, or any of our respective successors and assigns, representatives, agents, licensors, Advertisers, suppliers, partners or service providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Services’, shoesrforever.com’s or its affiliates’ logos, marks, names and/or sponsorship or other identification is on the Third Party Services. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability in connection for any use, collection or disclosure by or in connection with such Third Party Services. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

 

12.           ADVERTISEMENTS. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

 

13.           PROMOTIONS, CONTESTS, AND SWEEPSTAKES. From time to time, we, or the Services’ operational service providers, suppliers, partners, and Advertisers may conduct promotions and other activities on, through or in connection with the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). Each Promotion may have Additional Terms and/or Rules, which shall be posted or otherwise made available to you in connection therewith.

 

14.           ASSIGNMENT. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by shoesrforever.com without restriction, notice or other obligation to you.

 

15.           INDEMNITY. You agree to indemnify, defend and hold shoesrforever.com and its affiliates and their respective successors and assigns, representatives, agents, licensors, Advertisers, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation this Agreement or (c) your User Postings. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

16.           DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED.  WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. FURTHER, WITHOUT LIMITING THE FOREGOING, SHOESRFOREVER.COM, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, MADE IN CONNECTION WITH PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU IN CONNECTION WITH THE SERVICES, INCLUDING CORRESPONDENCE WITH US OR OUR AGENTS OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SHOESRFOREVER.COM, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

17.           CUSTOMER SUPPORT. For assistance with technical issues or customer support inquiries, please send an email to beth@shoesrforever.com

18.           GOVERNING LAW; MISCELLANEOUS.

 

18.1         This Agreement contains the entire understanding and agreement between you and shoesrforever.com concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of shoesrforever.com to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
18.2         This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the state’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.

 

18.3         IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

 

This Agreement was last modified on the date indicated above and is effective immediately.

Copyright © 2012 shoesrforever.com

 

Privacy Policy

Last Modified: 4/25/2012

Welcome to shoesrforever.com (“shoesrforever.com”, “we”, “us” or “our”). This is the privacy policy (“Privacy Policy”) for (a) the website located at www.shoesrforever.com and all corresponding web pages and websites associated with the foregoing URL (“Site”), and (b) any other content, applications, features, functionality, information and services offered by us through the Site, including, without limitation, viral, embeddable or application/device-based features and related technology (e.g., mobile, web, console, desktop and other APIs, widgets, plugins, applications, etc.) (collectively, “Services“). Please review our Terms of Service Agreement, which governs your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning ascribed in the Terms of Service Agreement.

1.             GENERAL

1.1           This Privacy Policy explains what information we collect in connection with your use of the Services, how the information is used, and with whom we may share such information. Please take a few minutes to read this Privacy Policy so that you understand how we treat your information.  This Privacy Policy will remain in full force and effect, even if your use of or participation in the Services or any other particular service, feature, function or promotional activity offered on or in connection with the Services terminates, expires, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in any Services, which require or utilize any of your information. This Privacy Policy applies regardless of the Device you use to access the Services and whether you are accessing the Services as a registered user (i.e., an end user with a User Account) or otherwise.

1.2                   This Privacy Policy governs only the information (a) collected by us from you or (b) provided to us by a Third Party Platform (e.g., Facebook, etc.) about you, in each instance, on or in connection with your use of the Services, and does not cover any other information collected in any other manner or collected by any other third party, unless specifically stated. Where you have provided your personal information to third parties, including, but not limited to, marketing companies, advertisers and service providers and have provided sufficient consent, we may obtain such personal information and combine it with your Information (as defined herein) and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

1.3           When we use the term “Personal Information” we mean any information that we collect on or in connection with the Services that would allow someone to identify you or contact you, such as your full name, address, e-mail address, physical address, telephone number(s), etc. When we use the term “Additional Information”, we mean any information that we collect about you on or in connection with the Services other than Personal Information. (Personal Information and Additional Information shall be collectively referred to as “Information”). By accessing and/or using the Services, you affirmatively consent to our collection and use of Information in accordance with the terms and conditions of this Privacy Policy.

2.             INFORMATION WE COLLECT ABOUT YOU

2.1           Registration, Features, Functionality and Communications. In order to access and use certain content, features and functionality of the Services we may require that you to provide and/or make available (e.g., via Third Party Platform permissions and consents, etc.) to us certain Information. This Information may include, but not be limited to, your email address, legal name, location and other account information associated with Third Party Platforms. Access to certain content, features and functionality of the Services may be subject to Additional Terms, including, but not limited to, notices, requirements and settings, which may require that you provide certain Information about yourself in order to personalize and/or allow you to use these Services. In addition, you may be presented with the opportunity to sign up to receive additional newsletters, email communications, or other communications from us in order for us to provide up-to-date information about the Services and preferences in connection therewith, and to publicize and promote certain events, concerts, content, products and services offered by us, our business partners and other third parties. When there is a separate sign-up for newsletters, we may ask for your contact information such as name and email address, and, sometimes, demographic and profile information. We may ask you to confirm your consent to these uses at the time you sign up for these services or communications.           

2.2           Automatic Information Collection. When you access and/or use the Services, we automatically collect certain Information, such as a unique device identifier assigned to your Device (“UDID”), Third Party Platform anonymous identifiers, your Internet protocol (IP) address (if applicable), location data, and other Information regarding your use of the Services to assist us in authenticating your usage and/or Device, keeping track of your preferences, creating a more tailored user experience, better serving your particular interests and needs, etc. In addition, the Services and/or third parties may use “cookies” (which are small data files containing information about you that is stored on your device), “embedded scripts”, and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Additional Information automatically as you interact with the Services. Tracking Technologies enable us, among other things, to track your interaction with the Services, and target your interests to enhance your experience with the Services. We may also use Tracking Technologies to collect “clickstream” data, such as your Device type, operating system and platform, the average time spent using the Services, content viewed, searched for, access times and other relevant statistics, and may assign unique identifiers to the Device or other credentials you use to access and use the Services for the same purposes. We may associate the information obtained through these Tracking Technologies and your UDID, Third Party Platform anonymous identifiers and other identifiers and data, with your Personal Information so we can better customize your experience using the Services and provide tailored recommendations, advertisements, promotions and other content related to your specific interests, activities or profile. By using the Services, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Services as described in this Privacy Policy.

2.3                   Advertising Service Providers. This Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Services. Such services may enable us to display advertisements based on your use of the Services and other websites, services and platforms you have used or visited. Targeting services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and/or to conduct research regarding the usefulness of certain advertisements to you.

2.4                   Privacy, Account and Activity Settings. You may have the ability to set certain privacy, permission and account options on the Services that limit (a) the provision of certain Information to us, such as location data and/or (b) our ability to take certain actions that may disclose your Information. These privacy, permission and account options may be controlled by changing your account or Service settings, whether by (i) by responding to request alerts or notifications that may be presented to you on your Device prior to or following the collection of the relevant Information, (ii) by navigating to the settings, account or privacy section (as the case may be) of your Device, the applicable Third Party Platform and/or the applicable Service and limiting certain Service functionality and (iii) by using other available methods of controlling your options and settings. Please be aware that that if you limit the collection of certain Information, you may not be able to use all of the features and functionality of the Services.

3.             HOW WE USE INFORMATION 

3.1           Except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use your Personal Information for the following purposes:

  • Providing any services or products that you request or purchase in connection with the Services;
  • Contacting you regarding the administration of any features or functions of the Services;
  • Sending you marketing and promotional e-mails and correspondence;
  • Allowing you to participate in the support and other features of the Services;
  • Responding to your questions or other requests;
  • Tailoring your experience with the Services and/or otherwise customizing what you see when you use the Services;
  • Saving your User Account, registration and profile data or other Personal Information (so you are not required to have to re-enter it each time you use the Services); and
  • For other purposes disclosed at the time you provide us with the Personal Information or which are reasonably necessary to provide the Service or other related product and/or service requested.

3.2           In addition, except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use the Additional Information for the following purposes:

  • For research purposes, for marketing/promotional purposes and/or to provide anonymous reporting for internal and external clients, business partners, Artists, etc.;
  • Accumulating and reporting aggregate, statistical information in connection with the Services and user activity, including providing certain aggregate information to Artists;
  • Determining which features, functionality and services of the Services users like best to help us operate the Services, enhance and improve the Services and display advertising and marketing information;
  • Saving certain Additional Information for your ongoing use of the Services;
  • For the uses described for “Personal Information” above; and
  • For other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the service requested.

 

4.             “OPT-OUT”, USER CHOICE, WITHDRAWAL OF CONSENT AND ACCESS

 

4.1           Preferences. By downloading, launching, accessing, interacting with or otherwise using the Services and providing us with your contact information, (a) you expressly choose to receive certain communications from us and, unless you otherwise indicate, certain third parties as described in this Privacy Policy, and (b) you expressly agree to the privacy practices described herein. You may change your privacy preferences (e.g., choose to cease receiving certain communications or ask us not to share your Personal Information with a particular third party) by sending an email to us at beth@shoesrforever.com detailing your privacy request. If you ask us to stop using your Personal Information, we will honor that request while retaining a record of any Personal Information as necessary to comply with applicable federal, state or local law, and/or to conduct legitimate business activities. However, you may be unable to continue to use the Services (in whole or in part), if you require us to stop using your Personal Information. You always have the right to review and correct the Personal Information you have provided to us and generally you may update or delete certain Personal Information by contacting us as described in Article 12.

4.2           Marketing and Promotional Communications. At times, you may be presented with the option of whether to receive, or automatically entered to receive, certain marketing and promotional communications from us and others that we think will be of interest to you. You can unsubscribe to such communications by either following the specific instructions included in such communications or you may “opt-out” of receiving marketing and promotional e-mails from us at any time by changing your privacy, permission and account options on the Services or sending an email to us at beth@shoerrforever.com detailing your privacy request.  Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt-out or unsubscribe with respect to such third parties.  Further, also please note that in order to keep you informed about the operation of the Services, we may always send you emails, notifications and announcements that are needed for the proper functioning and administration of the Services, including, without limitation, for the purposes described in Article 3 above, in connection with your use thereof. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your emails and other information you submit to us for our internal purposes, and to help us and our service providers serve you better.

5.                     SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND OTHER INFORMATION

5.1           General Disclosure. Generally, we do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as otherwise described in this Privacy Policy. Except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we reserve the right to share, use and/or sell any anonymous aggregated data we collect in connection with your access to and/or use of the Services, including, but not limited to, for the purposes described in Article 3 above. Any of our affiliates may obtain from us and be able to use your Information in accordance with this Privacy Policy.  You can choose to opt-out of certain such uses as described in Article 4 above. Further, except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may share, disclose and/or sell Additional Information to third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.

 

5.2                   Co-Branded Services and Features. The Services may offer co-branded services and features, such as events and promotions provided by us and/or other third party partners, and that may be hosted on the Services and/or our co-branded partner’s platform, website or service. We may share your Personal Information with such co-branded partners and your voluntary use of or participation in a co-branded service or feature means that you hereby opt-in and give your affirmative consent to us and our co-branded partners to collect any information provided in connection with the specific co-branded feature or service and to use such information for the fulfillment of the feature or service and for marketing or administrative purposes in accordance with our respective privacy policies. The co-branded partner will be identified on the co-branded feature or service, along with the co-branded partner’s privacy policy. If you wish to opt-out of a co-branded partner’s future use of your Personal Information for marketing or other purposes, you will need to contact the co-branded partner directly.  Please note that the use of such information by co-branded partner is subject to co-branded partner’s privacy policy.

 

5.3           Service Providers. We also have the right to disclose your Personal Information and any other information to third parties and affiliates for the purpose of administering and maintaining the Services. We will refer to these parties in this context as “shoesrforever.com Service Providers”.  We use shoesrforever.com Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to shoesrforever.com Service Providers for the purpose of providing services to us. These shoesrforever.com Service Providers may temporarily store certain Information on their servers, but may only use your Personal Information to provide us with a specific service and not for any other purpose and agree to keep such Personal Information secure and confidential.

 

5.4           Additional Disclosures. There may be instances when we may access or disclose Information without providing you a choice in the following circumstances: (a) to protect or defend our legal rights or property, or that of our affiliated companies, their employees, agents and contractors (including enforcement of our agreements); (b) to protect the safety and security of the Services and our users; (c) protect against fraud or for risk management purposes; (d) if we believe your actions violate the Terms of Service Agreement, this Privacy Policy or any Additional Terms; or (e) to comply with law or legal process. In addition, if we sell all or part of our business or make a sale or transfer of all or a material part of our assets or are otherwise involved in a merger or transfer of all or a material part of our business or any other similar transaction, we may transfer your Personal Information and Additional Information to the party or parties involved in the transaction as part of that transaction who may use that Information for the purposes set forth in this Privacy Policy.

 

6.             SECURITY

 

While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. We request that our third party contractors and shoesrforever.com Service Providers follow similar standards of security and confidentiality. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission.

 

7.                     DATA COLLECTION FROM CHILDREN. We do not knowingly collect personal information from U.S. children under 13 without appropriate parental notice and consent. If you are under 13, please do not submit any personally identifiable information.

 

8.                     YOUR CALIFORNIA PRIVACY RIGHTS

 

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.  If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to our Privacy Administrator beth@shoesrforever.com. All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

 

9.             INTEGRATION AND INTERACTION WITH THIRD PARTY PLATFORMS AND SERVICES

 

The Services may be linked to, rely on and/or be integrated with websites, applications, interfaces, services and platforms operated by other companies, including Third Party Services and Third Party Platforms. The Services may also feature advertisements from other third parties. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Services or for the privacy practices of third party advertising companies. Once you leave the Services via such a link, access a third party application, interface, service, or platform or click on or navigate to an advertisement, you should check the applicable privacy policy to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

 

10.           PRIVACY POLICY CHANGES

 

From time to time we may modify this Privacy Policy to reflect industry initiatives, third party requirements or changes in the law, our Information collection, use and disclosure practices, the features and functionality of the Services, or technology, and such modifications shall be effective upon posting. Your continued use of the Services after we post a revised Privacy Policy signifies your acceptance of the revised Privacy Policy.  It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes.  If we materially change our practices regarding collection, use or disclosure of your Personal Information, your Personal Information will continue to be governed by the privacy policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

 

11.           ACCURACY

 

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

12.           CONTACT US

If you have any questions about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us follows:

Email:      beth@bethshak.com

 

13.           SOLE STATEMENT

 

This document is the sole statement of the Privacy Policy for the Services and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

 

This Privacy Policy was last modified on the date indicated above and is effective immediately.

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