By registering for, downloading, installing, logging-in or using Shoes Dsire’s software, you indicate your understanding and acceptance of the terms of this agreement and that you are entering into a binding legal contract. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE," AND DO NOT USE THE SERVICES.
In consideration of the mutual promises and benefits arising and expected to arise hereunder, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by all parties, Shoes Dsire, LLC (“Shoes Dsire”) and you hereby agree with the intent to be bound legally to the following terms and conditions:
Eligibility for Use of These Products
Guidelines Regarding Children
Our services are not intended for persons under the age of 13. If you are under the age of 13, please do not use the Products, or send any personal information to Shoes Dsire. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Products. In the event that Shoes Dsire learns we have collected personal information from a child under the age of 13, without verification of parental consent, Shoes Dsire will delete that information as quickly as possible. If a user believes that Shoes Dsire might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
User’s Acknowledgment and Acceptance of Terms
Modification and Interruption of Services
You understand and agree that temporary interruptions of the services available through the Products may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Products, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on the Products are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, failed delivery or failure to store any user communications or personalization settings.
Access to all of the services on the Products requires a valid account and password, which you get when you sign up on our homepage, or through your Facebook account. We reserve the right to deny or cancel any username for any reason. Users will receive a user profile, which can be updated to include additional information. Such information will be visible to other users of the Products and you agree that all information provided in your user profile is true and accurate and that you will maintain and update this information as required to keep it current, complete and accurate.
What Personal Information is Collected?: Personally identifiable information (“Personal Information”) is any information that can be used to identify a specific individual such as your name, email address, phone number, information concerning content accessed, and any other information that is connected to you personally.
Registration: In order to use the Shoes Dsire services, we require that you register and create a user profile. During the registration process, we ask you to provide us with a valid email address, which we will use to send you an email confirming your successful registration.
Surveys and Polls: Shoes Dsire may occasionally offer surveys, polls and/or questionnaires throughout the Products. These surveys may request certain Personal Information (such as, zip code, age, or gender) as a condition for submitting the survey. Such surveys and polls are completely voluntary, and by submitting any Personal Information you are affirming your consent to the use of the information for the stated purpose.
Sweepstakes and Contests: Shoes Dsire operate sweepstakes and contests throughout the Products. We typically ask you for an email address and/or phone number, (to notify you if you have won, or not). In some situations, we need additional Personal Information as part of the entry process. Such contests are completely voluntary, and the submission of any Personal Information constitutes your consent to the use of the information for the stated purpose(s) located in the contest guidelines.
You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies you may be unable to use certain Shoes Dsire services or may have to sign in each time you visit the website.
Our advertising is served by third party advertising companies which deliver a cookie to you so the ads you see can be tracked and ensure that you are not shown the same ad too many times. Since the third party advertising company only tags your computer with a number, they know nothing about who you are. Shoes Dsire does not provide these third party advertising companies with any Personal Information. However, these companies may use non-personally identifiable information about your visits to the website and other websites in order to provide advertisements about goods and services of interest to you.
How the Personal Information is Used?: Shoes Dsire uses the information you provide for several purposes, such as to communicate with you and to give you a better experience when visiting the Products by personalizing tools, content, services and email messages. We also use the information to allow you to participate in surveys and reviews that will help us build new services and develop offers that are more relevant and valuable to you. The information collected by Shoes Dsire is also used to create aggregated portraits of the Shoes Dsire audience, portraits which present anonymous statistical demographic information but not personally identifiable information. This aggregated information is used, among other things, to determine trends and needs, and also to supply market research to potential advertisers and partners to help them understand who the Shoes Dsire audience is.
Disclosure of Personally Identifiable Information to Third Parties: Shoes Dsire does not sell or otherwise share Personal Information with unaffiliated third parties, except in the following instances:
disclosure is required by applicable law or pursuant to a court or similar order;
as deemed necessary, in Shoes Dsire’s discretion, to protect the legal rights or the property of Shoes Dsire, a member or third party, or to prevent personal injury; and/or
in the event of a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets or stock of Shoes Dsire or its affiliated entities (including, without limitation, in connection with any bankruptcy or similar proceedings).
Sometimes, unaffiliated third parties may sponsor sweepstakes and contests on the Products. Information that you provide as part of an entry into a sponsored sweepstakes or contest will be shared with the sponsor if we advise you of such in the sweepstakes rules. Most sweepstakes and contests will also ask you to consent to the release of information contained within the entry form for tax purposes if you become a winner. You should carefully review the rules of each sweepstakes, contest and giveaway which you enter as they may contain additional important information about Shoes Dsire’s or a sponsor's use of your Personal Information.
Third Party Advertising and Links to Other Websites: Our Products may contain links to advertiser and partner websites that are not co-branded or affiliated with Shoes Dsire in any way. We cannot be responsible for the privacy practices or the content of such non-Shoes Dsire websites, and we do not control the practices of any of our advertisers or partners to whose websites we link.
Access and Change Your Personal Information: You can access, modify, add or delete the information on your user profile at any time. Currently, all information on your profile is viewable to all users (with the exception of your ability to hide your date of birth). By choosing to include information on your user profile, such as your name, nickname, phone number, favorite artist, instruments played, and more, you are consenting to other users viewing such information. Any information provided will be archived on Shoes Dsire’s databases indefinitely.
Deleting Your Account: Shoes Dsire provides you with the ability to delete your account at any time. When your account is deactivated, it is not viewable to other users. You will have three months to restore your account, including all information and recordings.
Guidelines regarding children: Our services are not intended for persons under the age of 13, and we do not knowingly collect Personal Information from children under 13. If we learn that we have collected the personal information of a child under the age of 13, we will take steps to delete the information as soon as possible.
Messaging Services: Through the Products, users will be able to communicate with each other via a message service. Please remember while the information you disclose in these messages is not accessible on a public forum, we cannot guarantee any privacy and therefore, it is still important for you to exercise discretion and appropriate caution when deciding to reveal personal information in these areas.
How we protect and secure your information: Shoes Dsire has numerous security measures in place to protect you from the loss, misuse and alteration of the information under our control. All of your member information requires use of your nickname and password. We recommend that you do not share your password with anyone. However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Products. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or any private communications will always remain private. Shoes Dsire uses industry-standard tools, such as firewalls, to ensure that your information is secure and confidential.
Enrollment in the Services
upload your photographs of shoes;
comment, like and share your photographs of shoes;
search for the identification of a particular shoe;
purchase shoes from a third party vendor; and,
invite another user to be in your friend network by going to his/her user profile and requesting a friendship.
(collectively, the “Services”)
Restrictions and Prohibited Uses
use the Services to reproduce, without permission, copyrighted materials (including, but not limited to, shoe photographs owned by third parties;
download, record, extract, copy, store, edit, change, prepare any derivative work of or alter in any way shoe photographs displayed through the Products or otherwise use such shoe photographs by any other means than the Services;
make the Services available over a network (other than Shoes Dsire’s network) where it could be used by others;
create an account for anyone other than yourself;
provide your password to any other person;
use any other person’s login credentials;
translate, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify or create derivative works based on the Services or any portion of them or any update for them, except as expressly allowed under applicable law;
circumvent any technology used by Shoes Dsire or its licensors to protect content accessible via the Services;
rent, lease, license, sell, redistribute or sublicense any of the Services, Products, username, your account or account rights; or,
Additionally, you agree not to:
use the Products in any manner that could disable, overburden, damage, or impair the Products or network, or interfere with any other party's use of the Products, including their ability to engage in real time activities through the Products;
use any robot, spider or other automatic device, process or means to access the Products for any purpose, including monitoring or copying any of the material on the Products;
use any manual process to monitor or copy any of the material on the Products or for any other unauthorized purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the Products;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Products, the servers on which the Products are stored, or any server, computer or database connected to the Products;
attack the Products via a denial-of-service attack or a distributed denial-of-service attack; or,
otherwise attempt to interfere with the proper working of the Products.
Further, you agree not to use the Products:
in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
to impersonate or attempt to impersonate us, our employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or,
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Products, or which, as determined by us, may harm us or users of the Products or expose anyone to liability.
Your Content and Conduct
Your use of the Products is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Products and any text, communications, photographs, images, graphics, audio and video clips, sounds, data, links, software, files, profiles or other information (“User Content”) posted, submitted or transmitted by you to us, or to other users through the Products, whether by electronic mail or other means. By posting information in or otherwise using all of your communications service, internal messaging service, software library, or other interactive service that may be available to you on or through the Products, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any User Content that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains nude or pornographic or sexually suggestive photographs, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity.
You may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else’s use and enjoyment of the Products or other similar services. Users who violate systems or network security may incur criminal or civil liability. You shall not exploit the Services, including but not limited to, by trespass or burdening network capacity.
Intellectual Property Information
We respect the intellectual property of others, and we ask you do the same. If you believe your copyright, trademark, or any other right is being infringed by certain Content (including any postings) on the Products you should immediately send notification to Shoes Dsire detailing the basis of your claim.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our designated agent for notice claims of copyright infringement can be reached as indicated below. Accounts associated with users for whom repeat claims of copyright infringement have been issued will be terminated.
Shoes Dsire’s Designated Agent for Claimed Infringement
A notification of claimed copyright infringement must be address to the following designated agent:
NAME: Walter Bernacca
ADDRESS: 100 SE 3rd Ave., Suite 2508, Fort Lauderdale, FL 33394
PHONE: +1 (954) 765-6906
The notification must include the following information:
a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
specific identification of each copyrighted work claimed to have been infringed;
a description of where the material believed to be infringed in located on the Products (e.g. hyperlink);
contact information for the complaining party, such as complete name, address, telephone number, and email address;
a statement that the complaining party has a good faith belief that use of the work(s) 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Third Party Websites and Information
Use of the Products and Services require Internet access and may require that you accept additional third-party terms of service. The Products may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference to others’ products, services or information is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
The Products may also allow interactions between the Products and a third-party website or feature, including applications that connect you with a third-party website or feature. Such functionality may allow you to purchase a shoe online from a third party vendor. Generally, using such functionality requires you to login to your account on the third-party website, and such functionality may collect your information from your profile. You use such functionality at your own risk, as we do not control any of these third-party web services or their business practices. You expressly acknowledge and agree that Shoes Dsire is in no way responsible or liable for any such third-party services, features or transactions. All transaction with third parties found through the Products are solely between you and such third parties.
Any location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Shoes Dsire, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
User Created/Provided Content
You agree that your photographs uploaded to the Products will NOT include, in any manner whatsoever, any subject matter other than shoes, such as any images of person(s) or identifiable places. You also agree that your uploaded photographs of shoes will be photographs taken solely by you and no other person.
We are unable to accept any unsolicited ideas or proposals regarding our Services, so please do not submit them to us in any circumstance. Also, please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
License of User Content
You grant Shoes Dsire (and its parent, subsidiaries, affiliates, licensees, assignees, and successors) and Shoes Dsire users a non-exclusive, royalty-free, transferable, sublicensable, irrevocable, perpetual, worldwide license to use, store, display, reproduce, publish, broadcast, sublicense, pin, modify, adapt, create derivative works, perform, edit, delete, and distribute your User Content, in any manner or format, through the Products and in any and all media, and without additional consideration, including, without limitation, all copyrights (and any extensions and/or renewals thereof) in photographs and images created, owned, or controlled in whole or in part by user and uploaded to the Products. Furthermore, by making a submission of a photograph, you hereby grant Shoes Dsire, its parent, subsidiaries, and affiliated companies and its respective licensees, successors and assigns, the unlimited right and permission to, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the submission photograph in any manner and for any purpose that Shoes Dsire deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the photograph and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, libel, slander, injury, reputation, right of publicity, model rights or any other right) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the photograph.
You agree that we may at any time, and at our sole discretion, terminate registered users and the license for Shoes Dsire’s application without prior notice to you for any reason, including violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations. Upon termination, deactivation or suspension, regardless of the reasons therefore, your right to use the Services available on the Products immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information (including, without limitation, your photographs, comments, likes, and friendships) and files in your account and/or bar any further access to such files or the Products. Upon termination, deactivation or suspension, regardless of the reasons therefore, you shall cease all use of the licensed application, and destroy all copies, full or partial, of the licensed application.
We shall not be liable to you or any third party for any claims or damages arising out of any termination, deactivation or suspension, or any other actions taken by us in connection therewith. Furthermore, upon termination, deactivation or suspension, regardless of the reasons therefore, or if you remove any User Content from the Products, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes, and Shoes Dsire and its users may also retain and continue to use, store, display, reproduce, publish, broadcast, sublicense, pin, modify, adapt, create derivative works, perform, edit, delete, and distribute any of your User Content that other users have stored or shared through the Products.
Promotional Messages and Contests
Shoes Dsire and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Shoes Dsire and/or third parties may, from time to time, may display advertisements and promotions through the Products, and you hereby agree that Shoes Dsire may place such advertising and promotions on, about, or in conjunction with User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. We make no representation or warranty with respect to the content of any such e-mail messages, advertisement or any goods or services that might be obtained from such third parties, and you agree that Shoes Dsire shall have no liability with respect thereto. Any contests or sweepstakes hosted on the Products are governed by its own set of official rules and we encourage you to read such contest rules before participating.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE PRODUCTS OR FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCTS OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PRODUCTS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SHOES DSIRE’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Products. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Use of Products, and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on the Products, such as the maximum number of days that uploaded content will be retained on the Products, the maximum space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Products. You also agree that you are responsible for all charges incurred through your use of the Products. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Security and Password
You are solely responsible for maintaining the confidentiality of your account password and for any and all statements made and acts or omissions that occur through the use of your account and password, including any mail correspondence. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Although the Products may be accessible worldwide with certain exceptions, we make no representation that materials on the Products are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Products from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Products is void where prohibited.
A. User residing or located in United States.
B. User residing and located outside the United States.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Walter Bernacca at email@example.com.
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