Terms and conditions of Shoe the Man
shoetheman.com (the "Shoe the Man Website", or "website") is owned and operated by PICVPIC LTD, (hereafter "PICVPIC", "we", "our", or "us"). "You" or "your" means an adult user of the Website acting independently or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible.
In compliance with the Children’s Online Protection Act of 1998, PICVPIC does not accept membership registrations from users who are under 13 years of age. By registering with PICVPIC, you represent that you are at least 13 years old.
- Acceptance of Terms
- This agreement, which incorporates by reference other provisions applicable to use and/or visiting of PICVPIC , including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of specific material contained in PICVPIC, see forth the terms and conditions that apply to the use of PICVPIC by User. By using PICVPIC (other than to read this agreement for the first time, User agrees to comply with all of the terms and conditions hereof. The right to use PICVPIC is personal to User and is not transferable to any other person or entity. User is responsible for ensuring all use of User’s account complies fully with the provisions of this agreement. User shall be responsible for protecting the confidentiality of any User password(s) or forms of specific personal identification, for example, email address. You may never use another’s account without permission. If we request information from you, you must provide us with true, accurate, and complete information. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorised use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
- You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc, that accesses the Website in a manner that sends more request messages to the PICVPIC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line browser.
- PICVPIC shall have the right at any time to change or discontinue any aspect or feature of shoetheman.com, not limited to content, hours of availability, and equipment needed for access or use.
- You understand that any items you import, and sets you create on the Website will be made available to the public. Further, you hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty –free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, policy reform, public display, transfer, transmit, distribute, and publish the sets you have created using the Website.
- The technology and the software underlying our site and the Services is the property of PICVPIC. You agree not to copy, modify, rent, lease loan, sell assign, distribute, engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or Service. You agree not to modify the software underlying our site in any manner or form or to use modified versions of such software, (including without limitation) for the purpose of obtaining unauthorised access to our site.
- User shall not upload, post or otherwise make available on shoetheman.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of shoetheman.com, User automatically grants, or warrants that the owner of such material has expressly granted PICVPIC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce that material for the other User’s personal use. User hereby grants PICVPIC the right to edit, copy, publish and distribute any material made available on shoetheman.com by User.
- The foregoing provisions of Section 5 are for the benefit of PICVPIC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Changed Terms
PICVPIC shall have the right at any time to change or modify the terms and conditions applicable to User’s use of shoetheman.com, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be giving by means of including, but not limited to posting on www.picvpic .com or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of shoetheman.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
- Description of Services
User shall be responsible for obtaining and maintaining all telephone, computer hardware and software and other equipment needed to access and use shoetheman.com and all charges related thereto.
- User Conduct
A. User shall use shoetheman.com for lawful purposes only. User shall not post or transmit through shoetheman.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any other law, or which, without PICVPIC’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User’s that in PICVPIC’s discretion restricts or inhibits any other User from using or enjoying shoetheman.com will not be permitted. User shall not use shoetheman.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with PICVPIC.
B. PICVPIC contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photographs, video, graphic, music, sound and the entire contents of shoetheman.com are copyrighted as a collective work under United States Federal Copyright Laws. PICVPIC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer of sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PICVPIC, and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- Use of Services
The services may contain email services, bulletin board services, chat areas, news groups, forums, communities, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a Communication Service, and collectively Communication Services). User agrees to use the Communication Services only to post, send and receive messages and material that are proper, and when applicable relate to the Communication Services. All information will remain on the Website. By way of example and not as limitation, User agrees that when using the Communication Service, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, harass, abuse, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including the use or upload of the Websites trademark, logo, name and concept for commercial purposes without the scope of the features of the Website.
- Use any material or information, including the images or photographs, which are made available through the Services in any manner that any infringes any copyright, trademark, patent, trade secret or other proprietary rights of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programmes that may damage the operation of another’s computer, or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services allows such messages.
- Falsify or delete any copyright management information, such as author attributions, legal or other property notices.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
PICVPIC reserves the right to remove content and User submissions without prior notice. PICVPIC will also terminate a user’s access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has a User submission removed from the Website more than twice. PICVPIC may remove such User and violations of intellectual property law, such as, but not limited to, pornography, obscene, defamatory material, or excessive length. PICVPIC may remove such User and violations and/or terminate a User’s access for uploading such material in violation with these Terms of Service at any time, without prior notice and at its sole discretion.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
The images referenced, made accessible or made available to you on these pages or by means of the PICVPIC Service are protected by the copyright and trademark laws of the United Kingdom and other countries. You may need to obtain authorisation of the owner of such materials before using them for any purpose other than viewing on the web. PICVPIC cannot give you the authorisation to use the copyrighted images. We cannot guarantee that PICVPIC Service will not locate unintended or objectionable content and PICVPIC accepts no responsibility or liability for the content of any site included in any PICVPIC item or set, or otherwise linked to by PICVPIC services, or for your use of such content. PICVPIC reserves the right to remove any pictures or content without notice to you, and other User, or any third party.
- Content Linked To By Website
- Disclaimer of Warranties
PICVPIC disclaims any and all responsibility or liability for the accuracy, content, legality, completeness, reliability or operability or availability of information or material displayed on Shoe the Man. PICVPIC disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. PICVPIC disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through Shoe the Man.
The PICVPIC Service, and all materials, information, products and services included in the PICVPIC Service are provided "as is", with no warranties whatsoever. PICVPIC and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. PICVPIC and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the PICVPIC services. PICVPIC and its licensors disclaim any warranties for services or goods received through or advertised on the PICVPIC Service or received through any links provided by the PICVPIC Service, as well as for any information or advice received through any links provided in the PICVPIC Service.
You understand and agree that you download or otherwise obtain material or data through the use of PICVPIC Service at your own discretion and risk and that you will be solely responsible for any damages to our computer system or loss of data that results from the download of such material or data.
- Limitation of Liability
Under no circumstances shall PICVPIC or its licensors be liable to any User on account of that User’s use or misuse of reliance on the PICVPIC Service. Arising from any claim relating to this agreement or the subject matter hereof such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if, PICVPIC or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from the use or misuse of and reliance on the PICVPIC Service, from the inability to use the PICVPIC Service, or from the interruption, suspension, or termination of the PICVPIC Service (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the PICVPIC Service or received through links provided in the PICVPIC Service. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the PICVPIC Service or any information or merchandise that appears on, or is linked or related in any way to, the PICVPIC Service. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by such law.
Without limiting the foregoing, under no circumstances shall PICVPIC or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, without limitation, internet failures, computer equipment failures, other equipment failures, electrical power cuts and all other events that would fall under force majeure clause.
PICVPIC shall have the right, but not the obligation to monitor the content of Shoe the Man Website, to determine compliance with this agreement and any operating rules established by PICVPIC, and to satisfy any law, regulation, or authorised Government request. PICVPIC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PICVPIC, without limiting the foregoing.
- Miscellaneous Provisions
These Terms of Service will be governed and construed in accordance with the laws of the United Kingdom, without giving effect to its conflicts of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
- Copyright Notice
Shoe the Man and its logos are trademarks of PICVPIC Limited. All rights reserved. All other trademarks appearing on PICVPIC are the property of their respective owners.