TERMS OF SERVICE 08/26/2013 These Terms of Service (“Terms”) govern your access to and use of www.shoeshow.com and any other online application that links to these Terms (collectively, the “Services”). These Terms are a legal contract between you and Shoe Show, Inc. and its subsidiaries and affiliates (referred to herein collectively as the “Company”), so it is important that you review these carefully before using the Services. PLEASE NOTE THAT SECTION 11 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THIS AFFECTS YOUR RIGHTS WITH RESPECT TO RESOLVING DISPUTES WITH THE COMPANY. PLEASE READ IT. Your use of Services indicates that you agree to follow and be bound by the Terms.
The Company reserves the right to change the Terms or modify any features of the Services at any time in its sole discretion. The most current version of the Terms is posted here. Continuing to use the Services after changes are posted means that you accept the changes.
When you access or use the Services, you are required to comply with all applicable laws and any other conditions or restrictions in any written or online notice from the Company (including these Terms). As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. The Services are offered for your personal and non-commercial use only, and the Company does not grant you any express or implied rights to access or use the Services for any other purpose.Without limiting the generality of the foregoing, you agree not to: Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; Interfere with any other users’ rights to privacy and publicity, including by harvesting or collecting information from or about users;Upload or otherwise transmit any communication, software, or materials that contain a virus or is otherwise harmful to the Company or its users’ computers or systems; orAccess the Services through any automated means, including “robots” and “spiders.”
You may be asked to provide information about yourself in connection with the Services (for example, when you make a purchase). When you do so, you agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. The Company has the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Services in its sole discretion. You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Services, and you are responsible for all activities that occur under your password or account. You agree to immediately notify the Company if you become aware of any unauthorized use of your password or username.
The Company respects the intellectual property rights of others, and requires that users do the same. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide the Company’s Designated Agent with the following information in writing:
Please note that due to security concerns, email attachments will not be accepted. Any notice of infringement submitted electronically with an attachment will not be received or processed.Upon receipt of a notice of claimed infringement (or any statement in conformity with 17 U.S.C. § 512(c)(3)), the Company will expeditiously remove or disable access to the allegedly infringing content. The Company will terminate the service privileges of users who repeatedly infringe the copyrights or other intellectual property rights of others. United States law provides significant penalties for falsely submitting a notice of copyright infringement.
The Services may contain third-party owned content and advertisements (“Third-Party Content”) and links to other websites (“Linked Sites”). The Company does not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Content or Linked Sites. You acknowledge that Third-Party Content and Linked Sites are not under the control of the Company, and the Company is not responsible for the content or privacy practices of the Third-Party Content or Linked Sites.
Despite our best efforts to prevent it, pricing, typographical or other content errors (such as product descriptions) may occur. If discovered prior to shipping, the Company shall have the right, in its sole discretion, to cancel the order or to contact you for instructions.Some pricing on the Services does not match the price in our stores. Our stores do not honor pricing shown on the Services.
9. Disclaimer of Warranties
The Services-- and any products that are offered through the services (“PRODUCTS”) -- ARe provided “as is.” THE COMPANY makes no representation or warranty of any kind whatsoever relating to the ServiceS, Products, Linked Sites, or other content that may be accessible directly or indirectly through the site. THE COMPANY disclaims to the maximum extent permitted by law any and all such representations and warranties. Without limiting the generality of the foregoing, THE COMPANY disclaims to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third-party intellectual property or proprietary rights, (c) warranties relating to the transmission or delivery of the sERVICES, (d) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the ServiceS or otherwise by THE COMPANY, and (e) warranties otherwise relating to performance, nonperformance, or other acts or omissions by THE COMPANY or any third party. Further, there is no warranty that the serviceS-- or products offered through the services -- will meet your needs or requirements or the needs or requirements of any other person. THE COMPANY makes no warranties or representations, express or implied, (a) that the information provided through the serviceS will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the serviceS or products will be available at any particular time or location; (c) that defects or errors in the serviceS or products will be corrected; or (d) that the content on the serviceS is free of viruses or other harmful components. Any information on this service is subject to change without notice, and THE COMPANY disclaims all responsibility for these changes.
In no event will THE COMPANY or its affiliates, or any party involved in creating, producing, or delivering the Service be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your use of the products oryour access, use, misuse, or inability to use the ServiceS or any Linked Sites, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In the event that you have a dispute with another person or entity related to, arising from, or in any way connected with use of the ServiceS, you release THE COMPANY from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if THE COMPANY has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, THE COMPANY’s liability in such jurisdictions shall be limited to the extent permitted by law. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION.
You agree to indemnify and hold harmless the Company, and its directors, officers, managers, employees, and agents from and against any and all claims, losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from your violation of the Terms (or anyone you allow to use your account).
This section applies to any dispute you have with the Company, unless the dispute involves rights to your, the Company’s, or our licensor’s intellectual property.
The Company may terminate this agreement for any reason at any time. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination.
The failure of the Company to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.