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Fifty Sneakers Terms and Conditions

Terms of Service

TO ALL VISITORS: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE CREATING, USING, OR ACCESSING AN ACCOUNT AT THE FIFTY SNEAKERS SITE

Any use of the fiftysneakers.com website ("Service"), or services of DevShop, LLC ("DevShop"), including the creation, use or access to any user account, will signify that you have read, understood and agreed to the following "Terms of Service" and the Privacy Policies. By using DevShop services you are agreeing to be bound by the following terms and conditions.

DevShop reserves the right to update and change the Terms of Service at any time without notice. Any new feature that enhances the current Service, including the release of new tools, interfaces and resources, will be subject to the Terms of Service. Continuous use of any DevShop service after any changes will represent your consent to such changes. You can review and print the most current version of the Terms of Service at any time at: http://www.fiftysneakers.com/terms.aspx

Description of Service

DevShop service includes the managing, storing and printing of online resources, and personal data. DevShop provides the Service to one or more subscribers. A Subscriber is an individual who creates, updates, or maintains an account on our site. The Subscriber is fully responsible for the information provided to the site, for any content posted to your personal account, and for any specific use of an individual account, as set forth in this Agreement.

User Conduct

You understand that all Content, as defined above is the sole responsibility of the person from which such Content originated. This means that you, and not DevShop, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. DevShop does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Violation of any of the terms below may result in the termination of your Account. While DevShop prohibits such conduct and content on the DevShop site, you understand and agree that DevShop cannot be responsible for any content posted on the site. You agree to use the DevShop service at your own risk.

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  5. You are responsible for maintaining the security of your account and password. DevShop cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account.
  7. If you are using a free account you are not permitted to block ads.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  10. The Subscriber is solely and fully responsible for all content posted to the Site ("Content"), including information, data, text, photographs, graphics, messages or other materials.
  11. All Content that is posted by the Subscriber remains the sole property of the Subscriber for the applicable account.
  12. The Subscriber agrees not to post any Content to any Site that is offensive, inappropriate, obscene, unlawful or otherwise objectionable. DevShop reserves the right, in the exercise of its sole discretion, to decide whether Content qualifies as inappropriate.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings link in the navigation bar at the top of the screen. The Account Settings screen provides a simple cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. DevShop, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other DevShop service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. DevShop reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. DevShop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Fifty Sneakers Site (fiftysneakers.com) or the Service itself.
  3. DevShop shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service is must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  3. DevShop does not pre-screen Content, but DevShop and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from DevShop.
  5. Any images or other Content provided by DevShop (including all Images from DevShop, divider line images, or background images) may only be used within DevShop, LLC. No such images may be posted to any website or used in any context outside of the DevShop without the express prior written permission of DevShop.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Technical support is only provided and available via email.
  3. You understand that DevShop uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with DevShop.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DevShop.
  6. DevShop is not responsible for any Content posted by you or others to any Site. This includes, but is not limited to, any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content anywhere on any Site. DevShop is not responsible for the conduct, whether online or offline, of any User of the Site or Service. All Content posted to a Site is the responsibility of the Subscriber to the Service.
  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DevShop customer, employee, member, or officer will result in immediate account termination.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
  12. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by DevShop) of other DevShop users, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  13. DevShop reserves the right in its sole discretion to take the Service off-line for changes, upgrades, updates, or other activities as it deems necessary.
  14. DevShop does not guarantee that emails sent through the Site will be received. We do not guarantee that information submitted through the Service will be recoverable if it is lost, if it is not received, or if it is not easily accessible as solely deemed by DevShop.
  15. DevShop does not warrant that:
    (i) the service will meet your specific requirements,
    (ii) the service will be uninterrupted, timely, secure, or error-free,
    (iii) the results that may be obtained from the use of the service will be accurate or reliable,
    (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
    (v) any errors in the Service will be corrected.
  16. You expressly understand and agree that DevShop shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DevShop has been advised of the possibility of such damages), resulting from:
    (i) the use or the inability to use the service;
    (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
    (iii) unauthorized access to or alteration of your transmissions or data;
    (iv) statements or conduct of any third party on the service;
    (v) or any other matter relating to the service.
  17. The failure of DevShop to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DevShop and govern your use of the Service, superceding any prior agreements between you and DevShop, LLC (including, but not limited to, any prior versions of the Terms of Service).
  18. DevShop reserves the right to post advertising anywhere on any Site at any time.

Entire Agreement Integration

This agreement constitutes the entire agreement between us with respect to the subject matter covered in these terms and conditions and shall supersede any prior or contemporaneous written or oral expression of intent or understanding with respect to our relationship (including, but not limited to, any prior versions of these terms and conditions). No representation, inducement, promise, understanding, condition or warranty not set forth above has been made or relied upon by either of us. Except as may be expressly provided herein, neither this agreement nor any provision hereof is intended to confer on any other persons, firms, corporations or other entities, any rights or remedies hereunder.

Questions

Questions about the Terms of Service should be sent to support at support. Please report any violations of these Terms and Conditions to DevShop at support