1 ACCEPTANCE OF TERMS
1.1 Your access to
and use of findyoursneakers.com ("the Website")
and any Services referred to in Clause 2, is subject exclusively to
these Terms and Conditions. You will not use the Website/Services
for any purpose that is unlawful or prohibited by these Terms and Conditions.
By using the Website/Services you are fully accepting the terms, conditions
and disclaimers contained in this notice. If you do not accept
these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the
right to update or amend these Terms and Conditions at any time and
your continued use of the Website/Services following any changes shall
be deemed to be your acceptance of such change. It is therefore
your responsibility to check the Terms and Conditions regularly for
any changes.
2 THE SERVICES
The Website may provide
communication tools such as email, bulletin boards, chat areas, news
groups, forums and/or other message or communication facilities ("the
Services") designed to enable you to communicate with others. Unless
stated otherwise the Services are for your personal and non-commercial
use only.
3 CHILD SUPERVISION
We are concerned
about the safety and privacy of our users, particularly children.
Parents who wish to allow their children access to and use of the Website/Services
should supervise such access and use. By allowing your child access
to the Services you are allowing your child access to all of the Services,
including email, bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities. It is therefore your
responsibility to determine which Services are appropriate for your
child. Always use caution when revealing personally identifiable
information about yourself or your children via any of the Services.
4 PRIVACY POLICY
We are committed
to responsible data management and subscribe to the principals of the
data protection legislation in the United Kingdom. We are committed
to maintaining the privacy of our users and maintaining the security
of any personal information received from you. If you register
for any of the Services you will be asked to provide basic personal
information. The information provided by you is not available
for sale or use by third parties. The information is used solely
for notifying you of changes or updates to the Website/Services.
4.1 We are committed to responsible data management
and subscribe to the principals of the data protection legislation in
the United Kingdom. We are committed to maintaining the privacy
of our users and maintaining the security of any personal information
received from you. If you register for any of the Services you
will be asked to provide basic personal information. The information
provided by you is not available for sale or use by third parties.
The information is used solely for notifying you of changes or updates
to the Website/Services.
4.2 We use a technology
called "cookies" as part of our normal business procedure
to track patterns of behaviour of visitors to the Website. A cookie
is an element of data that the Website sends to your browser that is
then stored on your system. You can set your browser to prevent
this happening. Any information collected in this way can be used
to identify you unless you change your browser settings.
5 USER ACCOUNT, PASSWORD
AND SECURITY
If a particular Service
requires you to open an account you will be required to complete the
registration process by providing certain information and registering
a username and password for use with that Service. You are responsible
for maintaining the confidentiality of the username and password and
also for all activities which take place under your account. You
agree to immediately notify us of any unauthorised use of your password
or account or any other breach of security. In no event will findyoursneakers.com be liable for any indirect or consequential
loss or damage whatsoever resulting from the disclosure of your username
and/or password. You may not use another person's account at
any time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge
that all information, text, graphics, logos, photographs, images, moving
images, sound, illustrations and other materials ("the Content"),
whether posted publicly or transmitted privately, are the sole responsibility
of the person from whom such Content originated. We do not control
or endorse the Content and cannot guarantee the accuracy, integrity
or quality of such Content and you acknowledge that by using the Services
you may be exposed to Content that is offensive and/or indecent. findyoursneakers.com will not be liable in any way for any Content
or for any loss or damage of any kind resulting from the use of any
Content transmitted via the Services and you agree to bear all risks
associated with the use of any Content, including any reliance on the
accuracy or completeness of such Content.
6.2 In using the Website/Services
you agree not to:
6.2.1 use the
Services to send junk email, spam, chain letters, pyramid schemes or
any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish,
distribute or disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish,
distribute or disseminate material or information that incites discrimination,
hate or violence towards any person or group on account of their race,
religion, disability, nationality or otherwise;
6.2.4 threaten,
abuse, disrupt, stalk or otherwise violate the legal rights (including
rights of privacy and publicity) of others;
6.2.5 use any
information or material in any manner that infringes any copyright,
trademark, patent or other proprietary right of any party;
6.2.6 make available
or upload files that contain a virus, worm, trojan or corrupt data that
may damage the operation of the computer or property of another;
6.2.7 collect
or store personal information about others, including email addresses;
6.2.8 advertise
or offer to buy or sell goods or services for any commercial purpose,
unless such communication facility specifically allows such messages;
6.2.9 impersonate
any person or entity for the purpose of misleading others;
6.2.10 violate
any applicable laws or regulations;
6.2.11 use the
Website/Services in any manner that could damage, disable, overburden
or impair the Website/Services or interfere with any other party's
use and enjoyment of the Website/Services;
6.2.12 post, publish,
distribute or disseminate material or information that you do not have
a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information or confidential information
disclosed in the course of employment or under a confidentiality agreement);
6.2.13 attempt
to gain unauthorised access to any of the Services, other accounts,
computer systems or networks connected to the Website/Services through
hacking, password mining or any other means.
6.3 We have no obligation
to monitor the Services but shall be entitled to review materials posted
to a communications facility and, at our sole discretion, to remove
any material that breaches these Terms and Conditions or is otherwise
objectionable.
7 TERMINATION
We have the right
to terminate your access to any or all of the Services at any time,
without notice, for any reason, including without limitation, breach
of these Terms and Conditions. We may also at any time, at our
sole discretion, discontinue the Website/Services or any part thereof
without prior notice and you agree that we shall not be liable to you
or any third party for any termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY
WEBSITES
The Website/Services
may include links to third party websites that are controlled and maintained
by others. Any link to other websites is not an endorsement of
such websites and you acknowledge and agree that findyoursneakers.com is not responsible for
the content or availability of any such sites.
9 INTERNATIONAL
USE
You agree to comply
with all applicable laws regarding the transmission of technical data
exported from the United Kingdom or the country in which you reside
(if different) and with all local laws and rules regarding acceptable
use of and conduct on the Internet.
10 INTELLECTUAL
PROPERTY RIGHTS
10.1 The Website and
its content (including without limitation the Website design, text,
graphics and all software and source codes connected with the Website
and the Services) are protected by copyright, trade marks, patents and
other intellectual property rights and laws. In accessing the
Website you agree that you will access the contents solely for your
personal, non-commercial use. None of the content may be downloaded,
copied, reproduced, transmitted, stored, sold or distributed without
the prior written consent of the copyright holder. This excludes
the downloading, copying and/or printing of pages of the Website for
personal, non-commercial home use only.
10.2 findyoursneakers.com does not claim ownership
of any materials you post, upload or submit to any publicly accessible
area of the Services. However, by doing so you are granting us a world-wide,
royalty free, non-exclusive licence to copy, distribute, transmit, reproduce,
publicly display, edit, translate or publish such Content for as long
as you elect to display such Content via the Services. The licence
shall be terminated when such Content is deleted from the Services.
11 INDEMNITY
You agree to indemnify
and hold findyoursneakers harmless from and against
any breach by you of these Terms and Conditions and any claim or demand
brought against findyoursneakers.com by any third party arising
out of your use of the Services and/or any Content submitted, posted
or transmitted through the Services, including without limitation, all
claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses) howsoever suffered or
incurred by findyoursneakers.com in consequence of your
breach of these Terms and Conditions.
12 DISCLAIMERS
AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services
is at your own risk. The Website/Services are provided on an "AS
IS" and "AS AVAILABLE" basis without any representation
or endorsement made and without warranty of any kind whether express
or implied, including but not limited to the implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility,
security and accuracy.
12.2 To the extent
permitted by law, findyoursneakers.com will not be liable for any indirect or consequential loss
or damage whatsoever (including without limitation loss of business,
opportunity, data, profits) arising out of or in connection with the
use of the Website/Services.
12.3 findyoursneakers.com makes no warranty that
the Website/Services will meet your requirements, that Content will
be accurate or reliable, that the functionality of the Website/Services
will be uninterrupted or error free, that defects will be corrected
or that the Website/Services or the server that makes them available
are free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these
Terms and Conditions shall be construed so as to exclude or limit the
liability of findyoursneakers.com for death or personal
injury as a result of the negligence of findyoursneakers.com.
12.5 Nothing in these
Terms and Conditions shall affect your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms
and Conditions should be determined to be invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction then such Term
or Condition shall be severed and the remaining Terms and Conditions
shall survive and remain in full force and effect and continue to be
binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions
shall be governed by and construed in accordance with the law of [England OR Scotland] and you hereby submit to the exclusive jurisdiction
of the [English OR
Scottish] courts.