Acceptance of Terms

THESHOEGUYS.CA PROVIDES ITS WEBSITE AND RELATED SERVICES (“SITE”) TO YOU SUBJECT TO THE FOLLOWING TERMS & CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY’S OR EMPLOYER’S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW (REFERENCES IN THIS AGREEMENT TO “YOU” INCLUDE YOU AND ANY SUCH THIRD PARTY OR EMPLOYER). THE SHOE GUYS CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED TERMS & CONDITIONS ON THIS SITE AND THE SHOE GUYS MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT [email protected]

 

If your material, including but not limited to text, data, photographs, graphics, images, information, audio clips, and all digital data or any combination of these elements (“Content”), is uploaded as a design for products available to other users on the Site, you grant the additional rights set forth in the Designer License Agreement that is incorporated herein by this reference. If you act as a Designer (as both terms are defined in the Designer License Agreement ) in accordance with either the Designer License Agreement or the Associates Agreement. In addition, when you use any of our services, you will be subject to our Privacy Policy, Returns Policy, as applicable and they are incorporated into this Agreement by this reference.

 

User Account, Password, and Security

 

To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer.

 

You agree to (a) immediately notify THE SHOE GUYS of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. THE SHOE GUYS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

User Conduct

 

In using this Site, you agree to not:

 

a.      upload, download, post, transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.

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

c.      upload, download, post, email or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or designs that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;

d.      upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

e.      use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

f.      upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;

g.      upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;

h.      upload, download, post, email or otherwise transmit 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;

i.      upload, download, post, email or otherwise transmit false or misleading information;

j.      disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;

k.      Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;

l.      disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;

m.      frame the Site within another Site or webpage or link to the Site except as permitted in writing by THE SHOE GUYS;

n.      incorporate images or names that would violate a person’s right of privacy or publicity; or

o.      incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness;

p.      use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;

q.      transfer your THE SHOE GUYS account to another party without THE SHOE GUYS’s written consent;

r.      copy, modify or distribute rights or Content from the Site, service or tools or THE SHOE GUYS’s copyrights and trademarks; or

s.      Harvest or otherwise collect information about users, including email addresses, without their consent.

You acknowledge that THE SHOE GUYS does not pre-screen submitted Content, but that THE SHOE GUYS and its designers shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that THE SHOE GUYS may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. THE SHOE GUYS and its designers reserve the right to demand confirmation from you in writing of all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Content you upload to or transmit through the Site. If you fail to provide us with satisfactory confirmation upon request, we reserve the right to remove or deny access to any or all of your Content available via the Site and to suspend or terminate your account. THE SHOE GUYS does not endorse any Content submitted to the Site by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and THE SHOE GUYS expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, THE SHOE GUYS and its designers shall have the right to remove, without prior notice, any Content that they believe may violate the Agreement, is subject to complaint, or is otherwise objectionable to THE SHOE GUYS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.