Fan Feet

 

Terms of Use

Welcome to the Fan Feet (“us”, “we”, “our”, or “Fan Feet”) website.  By accessing and using our website, you agree to Terms of Use and our Privacy Policy.  If you do not agree to these terms and conditions, please do not use this site. This policy was last updated on: April 25, 2011. Fan Feet reserves the right to update and modify terms of use at any time.

Intellectual Property

Important Notice:  Fan Feet designs and concept are protected by U.S. Copyright & Trademark and U.S. Patent Law. 

Our website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our website are owned by us, our licensors, or both. Except as explicitly permitted under this agreement or the applicable, you shall not acquire any right, title or interest in our website or content. Any rights not expressly granted in these Terms of Use are expressly reserved.  Fan Feet products listed as coming soon or pre-order may or may not yet be officially licensed. Orders of coming soon or pre-orders shoes are fully refundable deposits/reservation of product to purchase product when it becomes available.  When product is available deposit will be applied to the purchase price which will not exceed the deposit amount. 

Warranty Disclaimer
Our website and content are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.  We do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.  Fan Feet strives to provide its users and customers with only officially licensed products, some products sold pre-order have licensing pending.
  
Limitation of Liability
Fan Feet, et al. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.

Errors
In the event that a Fan Feet product is mistakenly described or listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price or send your funds via PayPal.

Term and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fan Feet without notice at any time, for any reason. We may terminate your account at anytime and for any reason with or without notice.  The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fan Feet or other licensed employee, host, model, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Fan Feet does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, we reserve the right to block or remove communications or materials that we determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us at our sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Fan Feet, its officers, owners, operators, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.

Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the website you may contact us at the following address:
Email: feedback at fanfeet.com
Any notice alleging that materials hosted by or distributed through the website infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Services;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Choice of Law
These Terms of Use shall be construed in accordance with the laws of the State of North Carolina without regard to its conflict of laws rules. Any action arising out of your use of the website or these Terms of Use shall be brought in any state or federal court located in Raleigh, North Carolina.

Notices
All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to: TBD .