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Off Broadway Shoe Warehouse Website Terms of Use

OffBroadwayShoes.com (“Site”) is owned and operated by Off Broadway Shoes, Inc. (“Off Broadway”). Your use of this Site is conditioned on your acceptance of these Terms of Use (“Terms”). By accessing, using or browsing this Site, you acknowledge and agree to be bound to these Terms. If you do not agree to these Terms or if you do not agree with our Privacy Policy, which is incorporated herein by reference, do not use this Site.

 

Any use of this Site inconsistent with these Terms is deemed unauthorized access.

 

Intellectual Property
Off Broadway owns, controls or licenses all right, title and interest in this Site, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of this Site, and the compilation of the content, code, data and materials on this Site, including all intellectual property and proprietary rights. This Site is copyrighted as a collective work under United States and other copyright laws, and is the property of Off Broadway. All trademarks, service marks, and trade names on this Site (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Off Broadway or other owners that have granted Off Broadway the right and license to use such Marks.

 

Personal and Non-Commercial Use Limitation
Your use of this Site is limited to personal and non-commercial use. You may display and download onto a single personal computer and print in portions of the material from this Site solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit this Site or any content, products or services obtained from this Site.

 

User Content
By posting or distributing any video, comment, message, data, information, text, music, sound, photos, graphics, or other content (“Content”) to this Site, you (a) grant to Off Broadway and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the Content throughout the world; (b) grant Off Broadway and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through this Site; (ii) the Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You grant us the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of these Terms.  Content submitted by users is deemed non-confidential and we are under no obligation to treat such Content as proprietary information. Without limiting the foregoing, we reserve the right to use the Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.  We are under no obligation to offer you any payment for Content or to attribute authorship of Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose to the publication, use, modification, deletion and exploitation of the Content by Off Broadway or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the Content; and (d) you release Off Broadway from any claims that you could otherwise assert against Off Broadway by virtue of any moral rights.

 

Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
This Site may run promotions in which you or third parties may post video or audio content, and may also contain forums, blogs or bulletin boards in which you or third parties may post content, messages, materials or other items on this Site (“Interactive Areas”). If Off Broadway provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Site any of the following:

  1. Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual's privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that promotes illegal drug use, tobacco or firearms use;
  3. Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
  4. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  5. Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  6. Unsolicited advertising or links to other commercial sites;
  7. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of someone else;
  8. Viruses, corrupted data or other harmful, disruptive or destructive files;
  9. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
  10. Content that communicates messages inconsistent with the positive good will of Off Broadway; or
  11. Content that, in the sole judgment of Off Broadway, is objectionable, or which may expose this Site or its users to any harm.

Off Broadway takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Off Broadway liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Off Broadway is not liable for any statements, representations or Content provided by its users on this Site.  Although Off Broadway has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Off Broadway reserves the right, and has sole discretion, to remove without notice any Content posted or stored on this Site.  Any use of this Site, including the Interactive Areas, in violation of these Terms may result in termination or suspension of your permission to use this Site.

 

Copyright Complaint Policy
Infringement Notification:
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claims of copyright infringement on this Site should be emailed or mailed, at your choice, to:

OffBroadwayShoes.com
Attn: Timothy Nohr
Associate General Counsel
Off Broadway Shoes, Inc.
8310 Technology Dr.
Charlotte, North Carolina 28262
takedownrequest@obshoes.com
Or call 1-800-248-0881

 

It is our policy to respond expeditiously to clear notices of alleged copyright infringement that comply with the DMCA. If Off Broadway receives proper notification of claimed copyright infringement, Off Broadway will remove or disable access to material claimed to be the subject of infringing activity In accordance with the DMCA. In addition, in accordance with the DMCA Off Broadway will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys' fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

 

Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to this Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Product Descriptions and Colors
This Site attempts to display product images and descriptions on this Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using. The Site does not warrant that product descriptions or other content are accurate, reliable, current or error free. If you feel that a product offered by Off Broadway is not as described, your only recourse is to return it in unused condition for a full refund. Please note that the descriptions provided are for advertising and promotional purposes only and are not intended to be interpreted factually or literally. Results may vary. Please consult a licensed physician or qualified healthcare professional for advice, diagnosis, and/or treatment for any health related question.

 

Errors on this Site
Prices and availability of products are subject to change without notice. Errors will be corrected when discovered, and Off Broadway reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, Off Broadway will issue a credit to your credit or debit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Off Broadway's Return Policy.

 

Links to Third-Party Web Sites
This site contains links to other sites operated by third-parties (each, a "Third-Party Site"), including social media pages owned by Off Broadway Shoe Warehouse or its affiliates. These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.  Off Broadway does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site, its content or any products offered on this Site.  A link to a Third-Party Site on this Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site.  The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Terms of Use and Privacy Policy that apply to your use of this Site.

 

Security
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

This Site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using this Site for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” this Site (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of this Site (impersonating this Site) or to this Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Off Broadway, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents provided by Off Broadway or generally publicly available browsers.

 

Pricing Policy
Online prices and selection generally match those in our stores, but may vary. Prices and offers are subject to change.

 

Return Policy
All sales made through this Site are subject to Off Broadway's Return Policy.

 

Shipping
All orders placed on this Site are subject to product availability and will be shipped in accordance with Off Broadway's Shipping Policy.

 

Sales within the United States Only
Off Broadway will not ship to any address outside of the United States.

 

Order Acceptance
Your receipt of an order confirmation from Off Broadway does not constitute Off Broadway's acceptance of your order, nor does it constitute Off Broadway's offer to sell the products that are the subject of the order or confirmation.

 

Order Limitations
You may not resell or distribute any products purchased from Off Broadway, whether at an Off Broadway store or on this Site.  Off Broadway reserves the right to reject or cancel any order you place with us, and/or to limit the quantities on any order, for any or no reason.  This includes orders placed by the same Off Broadway account, the same credit or debit card, and/or orders that use the same billing or shipping address.  In the event Off Broadway makes a change to or cancels an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Off Broadway reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

 

Using Gift Cards
Gift cards represent a prepayment for goods and are not redeemable for cash, except as required by law. The value of a gift card is not a deposit or asset account of the purchaser. Off Broadway is not responsible for lost or stolen gift cards and gift cards cannot be replaced without the original receipt. Gift cards are debited at the time an order is placed and will automatically be redeemed to purchase totals, up to the total purchase amount. In the event the total purchase amount exceeds the value remaining on the card, you will be required to use another gift card, or a credit or debit card to pay the difference. In the event of a partial return of an order where the original form of payment was both a gift card and a credit or debit card, returned amounts will first be credited to the credit or debit card, and any remaining balance will be credited back to the gift card.

 

Disclaimers and Limitation of Liability
By using this Site, you expressly agree that use of this Site is at your sole risk. This Site is provided on an “AS IS” and “as available” basis. Neither Off Broadway nor its parent company, affiliates or designees nor any of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of this Site will be uninterrupted or error-free. Neither Off Broadway nor its Associates warrant the accuracy, integrity or completeness of the content provided on this Site or the products or services offered for sale on this Site. Further, Off Broadway makes no representation that content provided on this Site is applicable to, or appropriate for use in, locations outside of the United States. OFF BROADWAY AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No oral advice or written information given by Off Broadway or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you. UNDER NO CIRCUMSTANCES SHALL OFF BROADWAY OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Off Broadway has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, products and services available through this Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Applicable Law and Venue
North Carolina law (without regard to any jurisdiction's conflict-of-laws principles) exclusively governs all matters based upon, arising out of, or relating in any way to these Terms, the Privacy Policy, any other provisions contained on this Site, your use of the Site and any products purchased by you from Off Broadway, including, without limitation, all disputes, claims, or causes of action arising out of or relating to these Terms, the Privacy Policy and any other provisions contained on this Site, as well as the interpretation, construction, performance, and enforcement of these Terms, the Privacy Policy, any other provisions contained on this Site, your use of the Site and any products purchased by you from Off Broadway.

You agree to submit to the jurisdiction of the courts of the State of North Carolina in any action taken by Off Broadway relating to these Terms, the Privacy Policy, any other provisions contained on this Site, your use of the Site and any products purchased by you from Off Broadway.  You further agree that any action taken by you against Off Broadway will be brought in the courts of the State of North Carolina sitting in Mecklenburg County and will not be brought in any other jurisdiction.

 

Termination
Off Broadway may, in its sole discretion, terminate your account and/or your use of this Site at any time, for any or no reason, without prior notice.  Off Broadway may also modify, suspend or terminate this Site or any portion thereof at any time, for any or no reason, without prior notice.