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Terms
Shoepeeshoeshetippytappyshoegirlgirl.com is an online social networking service for women who love shoes (the "service"). The service is operated by Shoepeeshoeshetippytappyshoegirlgirl.com (hereinafter referred to as "Shoepeeshoeshetippytappyshoegirlgirl.com, we or its"). This legal Agreement is made between You and Shoepeeshoeshetippytappyshoegirlgirl.com. By subscribing to the service, You become a Shoepeeshoeshetippytappyshoegirlgirl.com member. By using the Shoepeeshoeshetippytappyshoegirlgirl.com Website You agree to be bound by these Terms of Use (this "Agreement"), for as long as You continue to be a member, whether or not You register as a member ("Member"). IF YOU OBJECT TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT SUBSCRIBE TO THE SERVICE. If You wish to become a Member, communicate with other Members and make use of the Shoepeeshoeshetippytappyshoegirlgirl.com service, please read this Agreement carefully and indicate Your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for Your use of the Website and Your Membership in the Service.
The terms of this agreement are subject to changes made by Shoepeeshoeshetippytappyshoegirlgirl.com, at any time, effective upon posting by Shoepeeshoeshetippytappyshoegirlgirl.com on the Shoepeeshoeshetippytappyshoegirlgirl.com Website, and Your use of the service after such posting will constitute acceptance by You of such changes. This Agreement includes Shoepeeshoeshetippytappyshoegirlgirl.com's policy for acceptable use and content posted on the Website, Your rights, obligations and restrictions regarding Your use of the Website and the Service and Shoepeeshoeshetippytappyshoegirlgirl.com's Privacy Policy.
Please choose carefully the information You post on Shoepeeshoeshetippytappyshoegirlgirl.com and that You provide to other Members. Any photographs posted by You may not contain nudity, violence, or offensive subject matter. Information provided by other Shoepeeshoeshetippytappyshoegirlgirl.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Shoepeeshoeshetippytappyshoegirlgirl.com assumes no responsibility nor liability for this material.
Shoepeeshoeshetippytappyshoegirlgirl.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by You, or to restrict, suspend, or terminate Your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline Shoepeeshoeshetippytappyshoegirlgirl.com event, You agree to release and hold Shoepeeshoeshetippytappyshoegirlgirl.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from Your participation in any such offline Shoepeeshoeshetippytappyshoegirlgirl.com event.
In this Agreement the following words have the following meanings:
"Us, We" mean Shoepeeshoeshetippytappyshoegirlgirl.com;
"Member" means subscriber or the person who registers and opens an account with shoepeeshoeshetippytappyshoegirlgirl.com;
"You, Your, Yourself" mean the person who subscribes to the service or registers and opens an account with shoepeeshoeshetippytappyshoegirlgirl.com; and
"Agreement" means the agreement between You and Shoepeeshoeshetippytappyshoegirlgirl.com, the Terms of Use that governs Your use of the website and/or service.
Terms of Use
1) Eligibility/Registration/Subscription.
Minors may not become members. You must be at least 18 years old or older and be considered an adult under the law in the area from where you access this website to subscribe to the service or use the website. Membership in the Service is void where prohibited. By using the Website and the Service, You represent and warrant that You have the right, authority, and capacity to enter into this agreement and to abide by the terms of this agreement and that You are at least 18 years old or older. To become a member, You must register for the service and pay the required subscription fee. When and if You register for the service, You promise to provide accurate, current and complete information about Yourself as prompted by Shoepeeshoeshetippytappyshoegirlgirl.com's registration form ("Registration Data"). You agree to maintain and update Your registration form information ("Registration Data") to keep it accurate, current and complete. You agree that Shoepeeshoeshetippytappyshoegirlgirl.com may rely on Your Registration Data as accurate, current and complete. You understand that if Your Registration Data is untrue, inaccurate, not current, or incomplete in any respect, Shoepeeshoeshetippytappyshoegirlgirl.com has the right to terminate Your account and refuse any and all current or future use of the service. You further represent and warrant that Your use of the Shoepeeshoeshetippytappyshoegirlgirl.com service and Shoepeeshoeshetippytappyshoegirlgirl.com website shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that You are misrepresenting Your age. Your Membership is solely for Your personal use, and You shall not authorize others to use Your membership. You may not assign or otherwise transfer Your account to any other person or entity, You may not allow any other person to use Your profile or email address. You are solely responsible for all Content published or displayed through Your account, including any email messages, and Your interactions with other members.
2) Term/Fees.
This Agreement shall remain in full force and effect while You use the Website, the Service, and/or are a Member. All subscription payments must be in U.S. Dollars. All subscription payments are non-refundable except where noted. All subscription payments are handled by PayPal, Shoepeeshoeshetippytappyshoegirlgirl.com's payment processor. By making Your subscription payments for the service through PayPal, You are subject to PayPal's Terms of Use and Privacy Policy. The subscription fees for the service are part of this Agreement, and Shoepeeshoeshetippytappyshoegirlgirl.com reserves the right, at any time, to change the subscription fees for using the service. You may terminate Your membership at any time, for any reason, with or without explanation effective upon sending email notice of termination to Shoepeeshoeshetippytappyshoegirlgirl.com or by following the subscription cancellation instructions in Your account. Shoepeeshoeshetippytappyshoegirlgirl.com may terminate your membership at any time, for any reason, with or without explanation effective upon sending email notice to You at the email address You provide in your Membership application or other email address as You may subsequently provide to Shoepeeshoeshetippytappyshoegirlgirl.com. If for any reason You terminate Your membership in the service before Your membership term ends or Shoepeeshoeshetippytappyshoegirlgirl.com terminates Your membership in the service because You have breached this Agreement or the posted Privacy Policy, or failed to pay for the service as required by this Agreement, You will not be entitled to nor shall Shoepeeshoeshetippytappyshoegirlgirl.com be liable to You for any refund of unused subscription fees. If Shoepeeshoeshetippytappyshoegirlgirl.com terminates Your membership without cause, it will give You a refund for the remaining portions of Your subscription term on a pro rata basis. Even after Your membership is terminated, this agreement will remain in effect.
3) Non Commercial Use by Members.
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Shoepeeshoeshetippytappyshoegirlgirl.com. Organizations, companies, and/or businesses may not become Members and should not use the service or the website for any purpose. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress by Shoepeeshoeshetippytappyshoegirlgirl.com for any illegal or unauthorized use of the Website.
4) Proprietary Rights in Content on Shoepeeshoeshetippytappyshoegirlgirl.com.
Shoepeeshoeshetippytappyshoegirlgirl.com owns and retains all proprietary rights (i.e. copyrights and all other intellectual property rights), title and interest in and to the Website and the Service and all downloadable products/files available for purchase on this Website. When You purchase a downloadable product/file from this Website, You understand and agree that the downloadable product/file is being licensed to You and not sold, and Shoepeeshoeshetippytappyshoegirlgirl.com will continue to own and retain all proprietary rights (i.e. copyrights and all other intellectual property rights), title and interest in and to the downloadable product/file. Downloadable products/files You purchase from this website are for Your own personal, non-commercial use. The Website contains copyrighted material, trademarks, and other proprietary information of Shoepeeshoeshetippytappyshoegirlgirl.com and its licensors and is protected by applicable intellectual property and other laws. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, rent, publish, transmit, distribute, publicly perform, display, sublicense, lease, loan or sell any such proprietary information/material or create derivative works based on the Service or Website in whole or in part. The license You purchase for a particular downloadable product/file will remain until revoked by Shoepeeshoeshetippytappyshoegirlgirl.com. The licensing fees for downloadable products/files specified on this website are incorporated into this Agreement by reference and Shoepeeshoeshetippytappyshoegirlgirl.com reserves the right to change the licensing fees at any time. Licensing fees for downloadable products/files are in U.S. Dollars and are non-refundable. Licenses for downloadable products/files are non-transferable and non-assignable. You agree not to transfer, sublicense, or assign the downloadable products/files license You purchase to another person, individual, organization, business, company, corporation or entity.
5) Content Posted on the Site.
a. You understand and agree that Shoepeeshoeshetippytappyshoegirlgirl.com may review and delete any content, messages, Shoepeeshoeshetippytappyshoegirlgirl.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgement of Shoepeeshoeshetippytappyshoegirlgirl.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that You publish or display (hereinafter, "post") on the Service or any material or information that You transmit to other Members.
c. By posting any Content to the public areas of the Website, You hereby grant, and You represent and warrant that You have the right to grant to Shoepeeshoeshetippytappyshoegirlgirl.com free of charge, an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, publicly perform and display, promote, reproduce, adapt, modify, publish and distribute such information or Content and to prepare derivative works of, or incorporate into other works, such information or Content on the Website, and to grant and authorize sublicenses of the foregoing. This license will terminate at the time You remove such Content from the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Shoepeeshoeshetippytappyshoegirlgirl.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, profane, threatening,
obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to
pirated music files;
vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
vii. displays pornographic or sexually explicit material of any kind;provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from
anyone under 18;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's right of privacy and publicity,
or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising,
or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations. You also agree not to use the service to violate any applicable local, state, national or international law. f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Shoepeeshoeshetippytappyshoegirlgirl.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. You will not use the service or information of other members in a way that could be regarded as inappropriate, unlawful, or illegal. In order to protect our Members from such advertising or solicitation, Shoepeeshoeshetippytappyshoegirlgirl.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Shoepeeshoeshetippytappyshoegirlgirl.com deems appropriate in its sole discretion. Shoepeeshoeshetippytappyshoegirlgirl.com is not involved in Member interactions. You are solely responsible for Your interactions with other Members. You understand that Shoepeeshoeshetippytappyshoegirlgirl.com does not do background checks on its Members. Shoepeeshoeshetippytappyshoegirlgirl.com reserves the right, but has no obligation to monitor and/or mediate disputes between You and other Members. You agree that the service or features may change at any time.
g. You may not cover or obscure the banner advertisements on Your personal profile page, or any Shoepeeshoeshetippytappyshoegirlgirl.com page via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another user or person who is not a Member of Shoepeeshoeshetippytappyshoegirlgirl.com.
j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise transfer Your profile.
6) Important Emails About Your Membership/Subscription.
You agree there are certain important email communications that Shoepeeshoeshetippytappyshoegirlgirl.com may need to send You that You cannot opt out of receiving. What Shoepeeshoeshetippytappyshoegirlgirl.com considers important emails will be determined by Shoepeeshoeshetippytappyshoegirlgirl.com, in its sole discretion. By signing up for the service, You agree to accept and You consent to receiving these important email communications. These important email communications include, but are not limited to, emails about Your membership/subscription, and changes to the service. If You do not wish to receive these important communications, please do not sign up for the service.
7) Links To Other Websites.
The service may provide, or third parties may provide, links to other world wide websites or resources. Because Shoepeeshoeshetippytappyshoegirlgirl.com has no control over such sites and resources, You acknowledge and agree Shoepeeshoeshetippytappyshoegirlgirl.com is not responsible for the availability of such, external sites, or resources, and does not endorse and is not responsible or liable for for any content, products, advertising or other materials on or available from such sites or resources. You further acknowledge and agree that Shoepeeshoeshetippytappyshoegirlgirl.com shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8) Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Shoepeeshoeshetippytappyshoegirlgirl.com to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to Shoepeeshoeshetippytappyshoegirlgirl.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on the Website; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Shoepeeshoeshetippytappyshoegirlgirl.com's Copyright Agent for notice of claims of copyright infringement can be reached via this email address: contact@shoepeeshoeshetippytappyshoegirlgirl.com.
9) Disclaimers.
Shoepeeshoeshetippytappyshoegirlgirl.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Shoepeeshoeshetippytappyshoegirlgirl.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Shoepeeshoeshetippytappyshoegirlgirl.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Shoepeeshoeshetippytappyshoegirlgirl.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Shoepeeshoeshetippytappyshoegirlgirl.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and "AS-AVAILABLE" and Shoepeeshoeshetippytappyshoegirlgirl.com expressly disclaims all warranties of any kind, expressed, implied or statutory including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Shoepeeshoeshetippytappyshoegirlgirl.com makes no warranty that the service will be uninterupted, secure, error free or always available or that the service will meet Your requirements or that any defects in the service will be corrected. Shoepeeshoeshetippytappyshoegirlgirl.com disclaims liability for, and no warranty is made with respect to, connectivity and availability. Shoepeeshoeshetippytappyshoegirlgirl.com does not guarantee the accuracy, completeness, or usefulness of any information on the service. Shoepeeshoeshetippytappyshoegirlgirl.com is not responsible for and does not endorse any information or content that is provided by third party websites that are accessed directly or indirectly through links within this site. Under no circumstances is Shoepeeshoeshetippytappyshoegirlgirl.com responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service or transmitted to Members. Shoepeeshoeshetippytappyshoegirlgirl.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. As a result of Your use of the service, it is remotely possible for others to obtain personal information about You, which they could use to harass or harm You. Shoepeeshoeshetippytappyshoegirlgirl.com is not responsible for the use of any personal information that You divulge on the service. Shoepeeshoeshetippytappyshoegirlgirl.com disclaims all liability, regardless of the form of action for the acts or ommissions of other Members or users (including unauthorized users), whether such acts or ommissions occur during the use of the service or otherwise. Your use of the service is at Your sole risk.
10) Limitation on Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL SHOEPEESHOESHETIPPYTAPPYSHOEGIRLGIRL.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR DAMAGES FOR LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, OR INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF SHOEPEESHOESHETIPPYTAPPYSHOEGIRLGIRL.COM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHOEPEESHOESHETIPPYTAPPYSHOEGIRLGIRL.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHOEPEESHOESHETIPPYTAPPYSHOEGIRLGIRL.COM FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
11) Disputes.
You are solely responsible for Your interactions with other Shoepeeshoeshetippytappyshoegirlgirl.com Members. Shoepeeshoeshetippytappyshoegirlgirl.com reserves the right, but has no obligation, to monitor disputes between You and other Members. If there is any dispute about or involving the website and/or the Service, by using the Website, Shoepeeshoeshetippytappyshoegirlgirl.com and You agree to use mediation, then binding arbitration to resovle the dispute, using the standard mediation and arbitration proceedings in the state of New York in the United States. If any dispute is unable to be resolved, by mediation or arbitration, this Terms of Use shall be governed and construed by the laws of the state of New York without regards to its conflict of law provisions. You and Shoepeeshoeshetippytappyshoegirlgirl.com agree to submit to the exclusive jurisdiction of and venue in a federal or state court of the state of New York sitting in New York City, New York, in the United States.
12) Modifications To The Service.
Shoepeeshoeshetippytappyshoegirlgirl.com reserves the right at any time to modify or discontinue, temporarily or permanently the service (or any part thereof) with or without notice. You agree that Shoepeeshoeshetippytappyshoegirlgirl.com shall not be liable to You or to any third party for any modification, discontinuance or suspension of the service.
13) Indemnity.
You agree to indemnify and hold Shoepeeshoeshetippytappyshoegirlgirl.com, its subsidiaries, affiliates, associates, officers, agents, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14) Waiver.
The failure of Shoepeeshoeshetippytappyshoegirlgirl.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
15) Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website and/or service or Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16) Member Account Security.
You are responsible for maintaining the confidentiality of the password that You designate during the registration process, and You are fully responsible for all activities that occur under Your password. You agree to (a) immediately notify Shoepeeshoeshetippytappyshoegirlgirl.com of any unauthorized use of Your password or any other breach of security and (b) ensure that You exit from Your account at the end of each session. Shoepeeshoeshetippytappyshoegirlgirl.com will not be liable for any loss or damage arising from Your failure to comply with this provision.
17) Other.
This Agreement is accepted upon Your use of the Website and is further affirmed by You becoming a Member of the Service. This Agreement constitutes the entire Agreement between You and Shoepeeshoeshetippytappyshoegirlgirl.com regarding the use of the Website and/or the Service, superseding any prior agreements between You and Shoepeeshoeshetippytappyshoegirlgirl.com with respect to the service. If any provision or provisions of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Shoepeeshoeshetippytappyshoegirlgirl.com is a trademark of Shoepeeshoeshetippytappyshoegirlgirl.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
