Terms & Conditions
Last Modified: January 31, 2017
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Use of this Site which is not consistent with these Terms will be considered unauthorized access. We reserve the right to make changes to these Terms at any time, without notice to you, by posting changes on this Site. To ensure you are aware of any updates or changes to these Terms, check back from time to time and note the “Last Modified” date.
Shoe Sensation owns all rights, title and interest in this Site, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of this Site, and the compilation of the content, code, data and materials on this Site, including all intellectual property and proprietary rights. This Site is copyrighted as a collective work under United States and other copyright laws, and is the property of Shoe Sensation. All trademarks, service marks, and trade names on this Site (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Shoe Sensation or other owners that have granted Shoe Sensation the right and license to use such Marks.
Personal and Non-Commercial Use Limitation
You may not copy, distribute, reproduce, display, transmit, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit this Site or any content, products or services obtained from this Site. Use of this Site is limited to personal and non-commercial use. You may display, download, and print portions of the material from this Site solely for your own personal, non-commercial use.
If you contribute content by posting or distributing any video, message, comment, data, information, text, music, sound, photos, graphics, or other content (“Content”) to the Site, you: (a) grant to Shoe Sensation and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the Content throughout the world; (b) grant Shoe Sensation and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that: (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) the Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You grant Shoe Sensation the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of these Terms.
Content submitted by users is deemed non-confidential, and we are under no obligation to treat such Content as proprietary information. Without limiting the foregoing, we reserve the right to use the Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for Content or to attribute authorship of Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby agree that: (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose to the publication, use, modification, deletion and exploitation of the Content by Shoe Sensation or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the Content; and (d) you release Shoe Sensation from any claims that you could otherwise assert against Shoe Sensation by virtue of any moral rights.
Use of Chat Rooms, Bulletin Boards, and Other Interactive Areas
This Site may run promotions in which you or third parties may post video or audio content, and the Site may also contain forums, blogs or bulletin boards in which you or third parties may post content, messages, materials, or other items on the Site (“Interactive Areas”). If Shoe Sensation provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that promotes illegal drug use, tobacco or firearms use;
- Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited advertising or links to other commercial sites;
- Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, or other personally identifiable information of someone else;
- Viruses, corrupted data, or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
- Content that communicates messages inconsistent with the positive good will of Shoe Sensation; or
- Content that, in the sole judgment of Shoe Sensation, is objectionable, or which may expose the Site or its users to any harm.
Shoe Sensation takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Shoe Sensation liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Shoe Sensation is not liable for any statements, representations, or Content provided by its users on this Site. Although Shoe Sensation has no obligation to screen, edit, or monitor any of the Content posted to or distributed through any Interactive Area, Shoe Sensation reserves the right, and has sole discretion, to remove without notice any Content posted or stored on the Site.
Any use of the Site, including the Interactive Areas, in violation of these Terms may result in termination or suspension of your permission to use the Site.
Order Acceptance and Cancellation
Your order is an offer to purchase a product or products from this Site. All orders must be accepted by Shoe Sensation or we will not be obligated to sell the products to you. Shoe Sensation may, in its sole discretion, choose not to accept orders.
Prices and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without notice. The prices charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation. Posted prices do not include taxes or shipping and handling charges.
We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within Shoe Sensation’s sole discretion, and payment must be received by us before our acceptance of an order. You represent and warrant that: (a) the credit card information you supply to us is true, correct, and complete; (b) you are duly authorized to use such credit card for your purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Manufacturer’s Warranty and Disclaimers
Shoe Sensation does not manufacture or control any of the products offered on the Site. The availability of products through the Site does not indicate an affiliation with or endorsement of any product or manufacturer. Shoe Sensation does not provide any warranties with respect to the products offered on the Site. The products offered on the Site may be covered by the manufacturer’s warranty as detailed in the product’s description on the Site and/or included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT SHOE SENSATION SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS, IF ANY, TO YOU.
LIMITATION OF LIABILITY: IN NO EVENT SHALL SHOE SENSATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SHOE SENSATION WAS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
SHOE SENSATION’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT YOU HAVE ORDERED THROUGH THE SITE.
Goods Not for Resale or Export
You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
Copyright Complaint Policy
If you believe in good faith that materials hosted by this Site infringe your copyright, please provide the written information requested below. (To contact us for any other reason, please use the Contact us link on the Site.)
Please provide the following information in the following order (including Paragraph Numbers):
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on this Site should be emailed or mailed, at your choice, to:
Attn: Copyright Compliance
253 America Place
Jeffersonville, IN 47130
It is our policy to respond expeditiously to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If Shoe Sensation receives proper notification of claimed copyright infringement, Shoe Sensation will remove or disable access to material claimed to be the subject of infringing activity in accordance with the DMCA. Additionally, in accordance with the DMCA Shoe Sensation will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorney's fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Governing Law and Jurisdiction
This Site is operated from the United States, and products are sold and shipped within the U.S. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause application of the laws of any jurisdiction other than those of the State of Indiana.
© Shoe Sensation, Inc. All rights reserved.