COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY PROTECTION
This Site is protected by copyright, trademark, and other intellectual property rights.
You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts and other items or materials disclosed, submitted or offered to Shoebunny through or in connection with this Site (“Submissions”), including, but not limited to, customer feedback via contact form (http://www.shoebunny.com/contact-shoebunny/), survey responses, reviews and ratings, shall be treated as non-confidential and not proprietary and shall become, and remain, Shoebunny’s property. Such disclosure, submission or offer of any Submission shall constitute an assignment to Shoebunny of all rights, title and interests in all copyrights and other rights in the Submission. Shoebunny is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that Shoebunny has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional or other commercial purposes, without compensation to you or to any other person. Shoebunny does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Shoebunny.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and Shoebunny.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Shoebunny.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Shoebunny.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by Shoebunny.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Shoebunny.com or third parties as to the origin of any Submissions or Content. Shoebunny.com may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
This Site may contain links to other sites. Shoebunny is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by Shoebunny. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.
You acknowledge and agree that no content on the Shoebunny.com site represents an express or implied endorsement of any kind by any celebrity.
You may access and use the Shoebunny.com site and its content for your own personal, non-commercial use.
You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, distribute, publish, transmit, broadcast, sell, license, or otherwise exploit the content of the Shoebunny.com site.
Material in this Site may contain inaccuracies or typographical errors. Shoebunny shall not be liable or responsible for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHOEBUNNY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. SHOEBUNNY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT SHOEBUNNY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SHOEBUNNY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF SHOEBUNNY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION AND MATERIALS ON THIS SITE.
You agree to defend, indemnify and hold harmless Shoebunny, its affiliates and their officers, directors, and employees from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of this Site.
These Terms and your use of this Site shall be governed under the laws of Luxembourg, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the courts of Luxembourg. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.
This Agreement is effective unless and until terminated by either you or Shoebunny. Termination may occur at any time. If Shoebunny determines, in its sole discretion, that you fail to comply with any of the terms or provisions of this Agreement, Shoebunny may terminate this Agreement immediately and without notice. Upon any termination of this Agreement by either you or Shoebunny, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.