TOS – Terms Of Service
SHOEMONEY.COM TERMS OF SERVICE (UPDATED 8/2011)
The following are the terms and conditions for use of ShoeMoney.com (the “Website”)
By accessing, registering, or contributing to any blogs, listings, or other services hosted at http://www.shoemoney.com (collectively, the “Services”), and in consideration for the Services ShoeMoney Media Group, Inc. (“ShoeMoney”) provides to you, you (the terms “you” or “yours” includes the person or entity that is accessing, contributing, or registering with the Services as well as any third parties accessing the Services on your behalf) agree to abide AND BE BOUND BY ALL OF these Terms AND CONDITIONS OF THE SERVICES (“Agreement”). Please read this Agreement carefully before using the Services in any manner. The Services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Registration. In order to utilize some Services, you must register and create an account. In order to create an account, you must complete the registration process by providing ShoeMoney with complete and accurate information as prompted by the registration form, including an e-mail address, username, and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify ShoeMoney immediately of any unauthorized use of your account or any other breach of security.
Access. From time to time, ShoeMoney may find it necessary to access your account. For instance, ShoeMoney may access your account for support, maintenance, or security-related reasons. In such an event, ShoeMoney will endeavor, if practicable, to provide you notice of its intent to do so; however, ShoeMoney undertakes no affirmative obligation to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.
II. USER-GENERATED/THIRD PARTY CONTENT
Overview and Age Restrictions. Portions of the Website, including but not limited to the blog, Marketplace, and Deadbeat Complaint Center, allow users or other third parties to post or upload user-generated content (“User Content”). By submitting User Content, you represent that you are older than 13 years of age, and if under the age of 19, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement and use the Services.
User Obligations and License. You are solely responsible for all content or information you post, upload, or otherwise transmit (collectively “Post”) through the Services. You agree not to Post through the Services any User Content which is defamatory, which infringes upon a party’s intellectual property, or is otherwise illegal. By Posting User Content on the Website, you warrant and represent that such information is truthful and accurate. Additionally, by Posting User Content to the Website, you automatically grant, and warrant and represent that you have the right to grant, ShoeMoney a perpetual, irrevocable, royalty-free, worldwide exclusive sub-licensable license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), ShoeMoney is only a distributer, and not the publisher or speaker, of any User Content. As such, ShoeMoney cannot be held liable for making available any User Content which may be false or inaccurate. The information, offers, or opinions contained in the User Content made available through the Services are those of their respective authors alone. ShoeMoney does not encourage or instruct anyone to write comments, negative or otherwise, about any specific party or parties. ShoeMoney does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will ShoeMoney be responsible for any loss or damage resulting from any person’s reliance on any User Content.
Reservation of Rights. ShoeMoney reserves the right to remove or not remove any User Content from the Website for any reason or no reason at all, in ShoeMoney’s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. ShoeMoney reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
ShoeMoney Deadbeat Complaint Center. All terms contained in this Agreement are equally applicable to the ShoeMoney Deadbeat Complaint Center (“Center”). To facilitate the potential resolution of complaints and to maintain the reputation of those affected by such complaints, ShoeMoney has instituted a process by which parties can request that ShoeMoney investigate certain claims contained within User Content posted in the Center (“Investigation Process”). Requesting an investigation, participating in the Investigation Process, and/or paying any applicable fees, does not guarantee that a claim or complaint will be removed from the Website. ShoeMoney expressly reserves the right to remove or not remove any User Content from the Website (including User Content in the Center) for any reason or no reason at all, in ShoeMoney’s sole discretion, and that ShoeMoney reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content. To request more information about the Investigation Process, please contact [email@example.com].
III. Digital Millennium Copyright Act
ShoeMoney respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Website in a way that constitutes copyright infringement may notify ShoeMoney’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notifications of claimed infringement should be forwarded to:
Troy F. Meyerson
Fraser Stryker PC LLO
409 S. 17th Street
Omaha, NE 68102
If you give notice of copyright infringement by text e-mail, ShoeMoney’s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
V. PROPRIETARY RIGHTS
ShoeMoney expressly reserves all right, title and interest in and to the Services, and the content of the Website, including any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You agree to indemnify, hold harmless and defend ShoeMoney, at your expense, against any and all third party claims, actions, proceedings, and suits brought against ShoeMoney or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by ShoeMoney or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) User Content which is Posted by you on the Website, (iii) your use of the Services, or (iv) your unauthorized use of the Services. In such a case, ShoeMoney will provide you with written notice of such claim, suit or action. You shall cooperate as fully as is reasonably required in the defense of any claim. ShoeMoney reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification and reimbursement of any and all associated expenses by you.
VII. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
ShoeMoney does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes it available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.
THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SHOEMONEY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SHOEMONEY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
VIII. LIMITATIONS OF LIABILITY
SHOEMONEY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SHOEMONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
IX. TERMS AND TERMINATION
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.
X. MODIFICATIONS TO TERMS OF SERVICES AND OTHER POLICIES
ShoeMoney reserves the right to cease offering any of the Services at any time or to make changes to this Agreement at any time, each at its sole and exclusive discretion. You will know we have modified or amended this Agreement when you see a new updated date at the top of this Agreement. ShoeMoney will not notify its Website users of any such changes by e-mail or other personal contact. YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES AFTER THE POSTING OF REVISIONS TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS OR AMENDMENTS. We encourage you to check the date of this Agreement whenever you visit this Website so that you will know when you need to review the Agreement for changes.
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
XII. MISCELLANEOUS; APPLICABLE LAW AND VENUE
ShoeMoney shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Nebraska without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Nebraska. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any notices to ShoeMoney must be sent to:
1316 N. Street, Lincoln, NE 68508
via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without ShoeMoney’s prior written consent, and any such attempt is void. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
XIII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.