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TERMS OF USE

1. Copyrights
Viewing this Site creates a copy of Shoemocracy materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.  Shoemocracy is a project of Alliancis GmbH, Switzerland.

2. Limited Use License
Shoemocracy grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), screen scrape,  distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. 

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Shoemocracy that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Shoemocracy relating to the sale of products or services to you through this Site, Shoemocracy will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

3. Your Content and Information
All content you post or upload to Shoemocracy shall at all time remain your property.  In addition, for content that is protected by the laws concerning intellectual property, including without limitation copyright, trademark and patent law, you specifically give Shoemocracy permission to display such content on the Shoemocracy website.  In this connection, you grant to Shoemocracy a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with Shoemocracy.  This License ends when you delete your content from the Shoemocracy website, but does not end if you delete your account on the Shoemocracy site without first deleting such content.

You understand and agree that deleted content may continue to persist in backup copies of the Shoemocracy website for a reasonable period of time after deletion.

4. User Conduct  
As a condition to your use of the Shoemocracy website, you agree not to: 

a) upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;  

b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

c) upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;

d) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

e) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

f) reverse engineer, decompile or disassemble any of the software used to provide this web site or the Service;

g) interfere with or disrupt this web site or the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or obtain, collect, store or modify the personal information about other users;

h) use automated means, including spiders, robots, crawlers, data mining tools, or the like to 'meta-search' the Site or download data from the Site for competitive or commercial purposes. Shoemocracy reserves the right to block automated programs that do not comply with these restrictions; or

i) take any information, files or data from Shoemocracy and reformat and display them, or mirror Shoemocracy results on any other website, including but not limited to competitive or commercial web sites.

Shoemocracy reserves the right to investigate and, if appropriate, prosecute violations of any of the above to the fullest extent of the law. Shoemocracy may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Shoemocracy has no obligation to pre-screen or monitor your access to or use of this web site or the Service or any information, materials or other content provided or made available through this web site, but has the right to do so for the purpose of operating this web site and the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that Shoemocracy may, in the exercise of Shoemocracy's sole discretion, remove or delete any postings, information, materials or other content that violates these Terms or that is otherwise objectionable.  

If you want to make competitive or commercial use of Shoemocracy, you must enter into an agreement with Shoemocracy to do so in advance. Please contact us for more information.  

5. No Spam Policy  
You understand and agree that sending unsolicited email advertisements to Shoemocracy email addresses or through Shoemocracy computer systems is expressly prohibited by these Terms.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

6. Trademarks, Service Marks & Logos
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Shoemocracy and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Shoemocracy aggressively enforces its intellectual property rights to the fullest extent of the law. Shoemocracy’s name, the Shoemocracy logo or the other Shoemocracy formative marks and/or logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior written permission from Shoemocracy.  Shoemocracy prohibits use of the Shoemocracy logo as part of a link to or from any site unless establishment of such a link is approved in advance by Shoemocracy in writing. Fair use of Shoemocracy’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners and their use shall not be considered endorsement of such products or companies unless specifically so stated.

7. Errors in Content
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications (if any). If we discover such errors, they will be corrected on our systems as soon as possible but the discovery of errors and/or notification of same to us does not create an obligation to correct such error within any specified time frame.  Shoemocracy reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

8. Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other than Shoemocracy. Such links are provided for your reference and informational purposes only.  Shoemocracy does not control outside Sites and is not responsible for their content.  Shoemocracy’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or the views and opinions expressed thereon, or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Shoemocracy’s inclusion of the links imply that Shoemocracy is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF THE SHOEMOCRACY OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

9. NO WARRANTIES; EXCLUSION OF LIABILITY
SHOEMOCRACY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SHOEMOCRACY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  SHOEMOCRACY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

IN NO EVENT SHALL EITHER SHOEMOCRACY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. Contacting Us
If you have any questions about this agreement, please email us at info@shoemocracy.com.  

Although Shoemocracy will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Shoemocracy does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure. 

11. How to report Copyright Infringement
Shoemocracy is committed to protecting the intellectual property of others. If you believe that your copyright is infringed through the postings of a Shoemocracy user, you can send a DMCA notice to our designated agent. The contact information for our designated agent is:

Shoemocracy
Attn: Shoemocracy Designated Agent
c/o Wuersch & Gering LLP
100 Wall Street, 21st Floor
New York, NY  10005
USA
Email: contact@shoemocracy.com  

12. General
You agree that this agreement and your use of this Site are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Zürich, Switzerland, in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Shoemocracy has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules.  The number of arbitrators shall be one and the seat of the arbitration shall be in Zürich, Switzerland. The arbitral proceedings shall be conducted in English by the Chamber of Commerce of Zürich. The decisions of the arbitrator shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrator may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that Shoemocracy may at any time and without notice change the terms, conditions and notices under which this Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Shoemocracy as a result of this agreement or your use of this Site.

Shoemocracy’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Shoemocracy’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Shoemocracy with respect to such use.

This agreement, the privacy statement, and terms of sale constitute the entire agreement between you and Shoemocracy with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Shoemocracy with respect to this Site. No modification of this agreement shall be effective unless it is authored by Shoemocracy, Inc. or its affiliates, or unless it is physically signed in blue ink by a Shoemocracy officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Shoemocracy in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Shoemocracy in printed form.

Copyright © 2011-2012 Alliancis GmbH. All Rights Reserved.

Last modified: August 10, 2011