Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by SHOEPHORIC, including information, text, images, graphics, data or other materials ("Images") and products and services provided through www.SHOEPHORIC.com as well as all elements, software, programs and code forming or incorporated in to www.SHOEPHORIC.com (the "Service"). This Service is operated by SHOEPHORIC, Inc. ("SHOEPHORIC"). SHOEPHORIC is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the SHOEPHORIC website (the "Site"). If you choose to register as a member of our Service, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
This Service is provided by SHOEPHORIC on an "AS IS" and "AS AVAILABLE" basis and SHOEPHORIC reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that SHOEPHORIC is and will not be liable to you for any modification, suspension or discontinuance of the Service.
All brand, product and service names used in this Service which identify SHOEPHORIC or third parties and their products and services are proprietary marks of SHOEPHORIC and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of SHOEPHORIC or any third party with respect to any such image, logo or name.
SHOEPHORIC is, unless otherwise stated, the owner of all copyright and data rights in the Service and its Images. Individuals who have posted images to SHOEPHORIC are the owners of the specific pairs of shoes displayed but not the brand of shoe per se. You may not reproduce, distribute, publicly display or prepare derivative works based on any of the Images including any such works without the express, written consent of SHOEPHORIC or the appropriate owner of copyright in such images. SHOEPHORIC does not claim ownership rights in your Images posted by you to SHOEPHORIC (Your Images). You agree not to distribute any part of the Service other than Your Images in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
- Reporting Copyright Violations
SHOEPHORIC respects the intellectual property rights of others and expects users of the Service to do the same. All shoes shown on the site are owned by their respective owners. At SHOEPHORIC's discretion and in appropriate circumstances, SHOEPHORIC may remove Images submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others.
- External Links
SHOEPHORIC may provide links to third-party websites or resources. You acknowledge and agree that SHOEPHORIC is not responsible or liable for: the availability or accuracy of such websites or resources; or the Images, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SHOEPHORIC of such websites or resources or the Images, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to SHOEPHORIC that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. SHOEPHORIC does not endorse any Images placed on the Service by third parties or any opinions or advice contained in such Images. You agree to defend, indemnify, and hold harmless SHOEPHORIC, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
- Disclaimer of Warranty and Limitation of Liability
SHOEPHORIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE IMAGES OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SHOEPHORIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. SHOEPHORIC MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT SHOEPHORIC IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, SHOEPHORIC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF SHOEPHORIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHOEPHORIC'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO SHOEPHORIC PURSUANT TO THIS AGREEMENT.
- Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to SHOEPHORIC for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between SHOEPHORIC and you with respect to your use of the Service. SHOEPHORIC's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. SHOEPHORIC shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of SHOEPHORIC. These Terms shall be governed by and construed in accordance with the laws of the Republic of The Philippines. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the City Of Makati.
If you have any comments or questions about the Service please contact us by email at support@SHOEPHORIC.com.
Section II: Additional Terms
You agree that the information that you provide to us upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account.
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify SHOEPHORIC of any unauthorized use of your password.
- Submitting Images
Chat Rooms and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms, forums and add comments on the SHOEPHORIC website as part of the Service, which means you may post Your Images in the form of text for display in these areas of the SHOEPHORIC website, subject to your compliance with the Terms. Image Materials - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Images, known as "Image Materials," for display on your user page. Prior to submitting Image Materials, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms.
- Copyright in Your Images
SHOEPHORIC does not claim ownership rights of Your images. For the sole purpose of enabling us to make your images available through the Service, you grant to SHOEPHORIC a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform images. Please note that when you upload Images, third parties will be able to copy, distribute and display your images using readily available tools on their computers for this purpose and link to your Images on SHOEPHORIC.
- Monitoring Images
SHOEPHORIC has no ability to control the Images you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Images for any purpose. You acknowledge that you are solely responsible for all Images and material you upload, post or otherwise transmit using the Service.
- Storage Policy
At this time, SHOEPHORIC provides free online storage of Your Images to registered members of the Service. However, you acknowledge and agree that SHOEPHORIC may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Images will be retained by the Service, the maximum size of any Images files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Images on SHOEPHORIC's servers. Furthermore, you acknowledge that SHOEPHORIC reserves the right to terminate or suspend accounts that are inactive, in SHOEPHORIC's sole discretion, for an extended period of time (thus deleting or suspending access to your Images). Without limiting the generality of Section 9, SHOEPHORIC shall have no responsibility or liability for the deletion or failure to store any Images maintained on the Service and you are solely responsible for creating back-ups of Your Images. You further acknowledge that SHOEPHORIC reserves the right to modify its storage policies from time to time, with or without notice to you.
You agree to be subject to and to conduct yourself in accordance with the SHOEPHORIC Etiquette Policy. You are responsible for all of Your Images you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any Images that you upload, download and otherwise copy, distribute and display. Images provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to SHOEPHORIC's Copyright Policy for further details.
You agree not to use the Service:
- for any unlawful purposes;
- to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, SHOEPHORIC or to facilitate the unlawful distribution of copyrighted Images or illegal Images;
- to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting Images that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Images transmitted through the Service;
- to upload, post, or otherwise transmit any material which is likely to cause harm to SHOEPHORIC or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- for any commercial purpose, except as expressly permitted under these Terms;
- to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display Images from SHOEPHORIC by hyperlink and not to compete with SHOEPHORIC.
- A. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than SHOEPHORIC. Commercial activities with respect to the arts or fashion are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without SHOEPHORIC's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
As a registered member of the Service, you will also be able to participate as an administrator or member of a "Group" which is a set of user pages and applications formed for the purpose of collecting Images, discussions and organizing members of the site with common interests. Further information about Groups can be found in our Etiquette Policy.
You agree to participate in a Group on the basis of its own rules consistent with these Terms of Service, the conduct set out in paragraph 19, above, and such other rules created by us for Groups from time to time including with respect to the use of Groups for commercial activities.
As an administrator or participant in a Group you acquire no ownership rights over the Group, the Group applications provided by us or over the right to conduct the activities of the Group.
Any Images or Artists Materials submitted to a Group remain, as between the Group and the user submitting such Images, the property of the person who submitted the Images.
Groups are managed by registered members of the Service and not by us. We are not responsible for the conduct of Group participants or administrators and will not interfere with the management or society of any specific Group or the rules it establishes for itself as long as they are consistent with these Terms of Service and our policies.
Groups may not be used to collect personal data about participants in Groups without the participant's express permission.
The Group application permits us to take appropriate action should intervention become necessary as a result of a violation of the Terms of Service or of any other of our policies. We can remove a Group and the Group's privileges at any time at our discretion.
The use in a Group name of trademarks or distinctive trade names of properties, goods or services is subject to objections from the owner of the marks and names. SHOEPHORIC will respond to such objections by requiring an appropriate change in the name of the Group. The use of trademarks and trade names in Group names otherwise must be descriptive of Group activity or purpose. To avoid confusion and animosity, Groups wishing to name themselves after trademarked properties must include a further description in its name of the type of Group it expects to be such as "Jimmy Choo Lovers" instead of simply "Jimmy Choo."
- Suspension and Termination of Access and Membership
You agree that SHOEPHORIC may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Images stored on the SHOEPHORIC Site, in SHOEPHORIC's sole discretion, if you fail to comply with the Terms or applicable law.