Terms of Service for flyershoes.com
Effective Date: October 26, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "You") and Flyer Shoes ("Flyer Shoes," "We," "Us," or "Our"), governing your access to and use of the website flyershoes.com and any related services, applications, features, content, and products offered by Flyer Shoes (collectively, the "Service").
By accessing, browsing, or utilizing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you are prohibited from using the Service.
1. Acceptance of Terms
1.1. Your use of the Service signifies your unconditional acceptance of and agreement to comply with these Terms.
1.2. These Terms apply to all visitors, users, and others who access or use the Service.
2. Definitions
2.1. "Service" refers to the website flyershoes.com and all associated web pages, sub-domains, applications, tools, and features, including all content, information, and services made available through them.
2.2. "Flyer Shoes" refers to the entity operating flyershoes.com.
2.3. "User," "You," or "Your" refers to any individual or entity accessing, browsing, or using the Service.
2.4. "Content" refers to any text, graphics, images, audio, video, software, data compilations, page layout, underlying code, and software capable of being stored in a computer that appears on or forms part of this Service.
3. Acceptable Use
3.1. Users are permitted to use the Service for lawful purposes only and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of the Service by any third party.
3.2. Prohibited activities include, but are not limited to: a. Engaging in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. b. Impersonating any person or entity or misrepresenting your affiliation with a person or entity. c. Uploading or transmitting any Content that contains viruses, malware, or any other destructive code. d. Attempting to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service. e. Interfering with or disrupting the integrity or performance of the Service or the data contained therein. f. Collecting or harvesting any personally identifiable information, including account names, from the Service. g. Using the Service for any unauthorized commercial purposes, including sending unsolicited advertising or spam.
3.3. You are solely responsible for all activities that occur under your account, if applicable, and for ensuring the security and confidentiality of your account credentials.
4. Intellectual Property Rights
4.1. All Content included on the Service, unless uploaded by Users, is the property of Flyer Shoes, our affiliates, or other relevant third parties. This Content includes, but is not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.
4.2. By continuing to use the Service, you acknowledge that such Content is protected by applicable United States and international intellectual property laws and treaties.
4.3. You are not permitted to reproduce, copy, distribute, sell, rent, sublicense, store, or in any other manner re-use Content from the Service unless given express written permission to do so by Flyer Shoes.
4.4. Any User-generated Content uploaded or transmitted by you to the Service remains your property; however, by uploading or transmitting such Content, you grant Flyer Shoes a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the Service and Flyer Shoes's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
5. Disclaimers and Limitation of Liability
5.1. The Service is provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.2. Flyer Shoes does not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that any defects will be corrected.
5.3. To the maximum extent permitted by applicable law, Flyer Shoes, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
6. Termination
6.1. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
6.2. Upon termination, your right to use the Service will immediately cease.
6.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. Indemnification
7.1. You agree to defend, indemnify, and hold harmless Flyer Shoes and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Service.
8. Governing Law
8.1. These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
9. Changes to Terms
9.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
10. Contact Information
10.1. For any questions regarding these Terms of Service, please contact us at [email protected].
11. Miscellaneous
11.1. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
11.2. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Flyer Shoes's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.