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TERMS OF USE

 
 
TERMS OF USE
 

This Site, meaning the websites, www.offbroadwayshoes.com, and the mobile apps downloaded from the iTunes App Store or the Google Play Store (collectively referred to as the “Mobile App”) is owned and operated by Off Broadway Shoes, Inc. (“Off Broadway Shoes”). Your use of this Site is conditioned on your acceptance of these Terms of Use (these “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, do not use this Site. Any use of this Site inconsistent with these Terms is deemed unauthorized access. We reserve the right to make changes to these Terms at any time, without notice to you, by posting changes on this Site. Check back from time to time to ensure you are aware of any updates or changes to these Terms.

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Intellectual Property
 

Off Broadway Shoes owns all rights, 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 Shoes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Off Broadway Shoes or the copyright owner is permitted. 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 Shoes or other owners that have granted Off Broadway Shoes the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of Off Broadway Shoes, and you may not remove or otherwise modify any trademark notices from any content.

Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Site without the express written permission of Off Broadway Shoes is prohibited. Any violation of this section may result in a copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Off Broadway Shoes reserves the right to terminate its agreement with you if you infringe its or any other third party’s intellectual property rights.

 
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 the Site, you (a) grant to Off Broadway Shoes 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 Shoes 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 the 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 Shoes 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 Shoes from any claims that you could otherwise assert against Off Broadway Shoes by virtue of any moral rights.


 
Use of Chat Functionality and Other Interactive Areas
 

This Site may run promotions in which you or third parties may post video or audio content, messages, materials or other items on the Site (“Interactive Areas”). If Off Broadway Shoes 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 the Site any of the following:


Off Broadway Shoes 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 Shoes liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Off Broadway Shoes is not liable for any statements, representations or Content provided by its users on this Site. Although Off Broadway Shoes has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Off Broadway Shoes reserves the right, and has sole discretion, to remove without notice any Content posted or stored on the Site for any reason, including a violation of these Terms. Any use of the Site, including the Interactive Areas, in violation of these Terms may result in termination or suspension of your permission to use the 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 (To contact us for any other reason, please Contact Us.)

Please provide the following information in the following order (including Paragraph Numbers):

OffBroadwayShoes.com
Attn: Timothy Nohr
Associate General Counsel
Off Broadway Shoes, Inc.
8310 Technology Dr.
Charlotte, North Carolina 28262
takedownrequest@obshoes.com

*NOTE* To contact us for any other reason other than claims of copyright infringement, please Contact Us.

It is our policy to respond expeditiously to clear notices of alleged copyright infringement that comply with the DMCA. If Off Broadway Shoes receives proper notification of claimed copyright infringement, Off Broadway Shoes 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 Shoes 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 (“DMCA”) 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 the 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.

 
Creating an Account on the Site
 

In order to access certain features of the Site and utilize the Service, you have to create a user account with Off Broadway Shoes (“Account”). By creating an Account, you agree to be bound by the terms of the Off Broadway Shoes Rewards terms of use, which are incorporated herein by reference.

If you violate any these Terms or the Rewards Terms of Use, we may terminate any or all of your Accounts. If we terminate your Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in under your Account, your Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

 
Availability of the Site
 

You agree that from time to time we may modify or remove the Site, including any features therein, for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. Off Broadway Shoes reserves the right to terminate your Account and/or to prevent you from using or accessing the Site at any time and for any reason. Off Broadway Shoes retains the right to determine the content, appearance, design, functionality and all other aspects of the Site. We shall not be liable to you or any third party should we exercise this right.

 
Accuracy, Completeness and Timeliness of Information
 

Although we strive for accuracy in all elements of the Site, including product listings, descriptions and images of products, it may contain errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping prices, shipping times and availability. As the actual colors you see displayed for products may vary depending on your monitor, we cannot guarantee that your monitor’s display of color will accurately reflect actual product color or finish. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate at any time without prior notice (including after you have submitted your order). Off Broadway Shoes is not responsible for your reliance on any information or content found on the Site, and Off Broadway Shoes makes no representations about the accuracy, reliability, completeness, or timeliness of the Site, and is not responsible for the conduct, whether online or offline, of any person using the Site, including any person’s violation of these Terms of Use.

 
Sweepstakes, Contests, Surveys or Similar Promotions
 

If you participate in any sweepstakes, contests, raffles, surveys, games or other similar promotions made available through the Site, such promotions may be governed by rules that are separate from these Terms. Please review the applicable rules as well as our Privacy Policy. If the promotion rules conflict with these Terms, the promotion rules will govern.

 
Disclaimer of Warranty
 

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER OFF BROADWAY SHOES NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OFFERED THROUGH THE SITE OR (D) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. OFF BROADWAY SHOES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 
Limitation of Liability
 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFF BROADWAY SHOES OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, ANY CONTENT OBTAINED FROM THE SITE, EVEN IF OFF BROADWAY SHOES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF OFF BROADWAY SHOES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS ARISING UNDER THE TERMS OF USE, AN AMOUNT THAT IS THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (USD $250.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE LAST SIX MONTHS.

YOU ACKNOWLEDGE THAT OFF BROADWAY SHOES WOULD NOT PROVIDE ACCESS TO THE SITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 
Indemnification
 

You agree to indemnify, and hold Off Broadway Shoes harmless from and against any and all liability, claims, damages, costs and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Site or any breach of these Terms. .

 
iOS Off Broadway Shoes Mobile App
 

In addition to your agreement with these Terms, the following provisions apply with respect to your use of any version of the Mobile App compatible with the iOS operating system of Apple, Inc.

  • a. You and Off Broadway Shoes acknowledge that these Terms are between you and Off Broadway Shoes only, and not with Apple. Off Broadway Shoes, not Apple, is solely responsible for the Site and the content therein.
  • b. The license you have been granted in these Terms is limited to a non-transferable license to use the Off Broadway Shoes App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Mobile App, such as your wireless data service agreement.
  • c. You and Off Broadway Shoes acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Site.
  • d. Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Off Broadway Shoes’ sole responsibility.
  • e. You and Off Broadway Shoes acknowledge that Off Broadway Shoes, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  • f. You and Off Broadway Shoes acknowledge that, in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, Off Broadway Shoes, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
  • h. Any questions, complaints or claims with respect to the Mobile App should be directed to us, using the “Contact Us” information below.
  • i. You and Off Broadway Shoes acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
 
Severability
 

If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

 
Governing Law
 

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Service shall be governed by the laws of North Carolina, without regard to its choice of law rules and without regard to conflicts of laws principles. You submit and agree to the personal jurisdiction of the state and federal courts located in North Carolina.

 
How to Contact Us
 

If you have any questions or comments, please contact us.

Last updated on 04/08/2019

 
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