Terms of Use

By accessing SHOETERNITY.COM ("Site") or using the services offered by SHOETERNITY.COM ("Services") you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services. SHOETERNITY.COM reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

USER CONTENT POSTED ON THE SITE

All images and photographs you upload must only be of you, and the copyright of all such images and photographs must be owned 100% by you. With respect to any content or images that you post on SHOETERNITY.COM, you grant SHOETERNITY.COM and its owner, Bakers Footwear Group, Inc. (“Bakers”), a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and images throughout the world in any media. You grant SHOETERNITY.COM, and its owner and sublicensees the right to use the name that you submit in connection with such content and images, if they choose.

PROHIBITED USES

You may not use the SHOETERNITY.COM site or its services to post or transmit any content that falsely identifies someone, is illegal, obscene, sexually explicit, threatening, defamatory, invasion of privacy, infringing of intellectual property or license rights, or otherwise injurious to third parties or objectionable, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

USE OF CONTENT ON EXTERNAL SITES

You understand that if you use a SHOETERNITY.COM photo on an external web site, then the photo must link back to its look detail page on SHOETERNITY.COM.

PRIVACY POLICY

Visitor information will be used or shared for the purpose of providing the visitor with any requested information, goods or services; may be used by the business to send information about additional good or services; may be shared with or sold to any successor purchaser of part or all of the assets of the business; and may be shared with third parties that the website operator believes may offer goods or services of interest to the visitor. Our service may contain links to other websites and software. We are not responsible for the privacy practices or the content of these websites or software. Please visit the privacy policies of these third party sites in order to understand their privacy and information collection practices.

NO WARRANTY AND LIMITATION OF LIABILITY

SHOETERNITY.COM PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SHOETERNITY.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL SHOETERNITY.COM, ITS OWNER, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT SHOETERNITY.COM HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH SHOETERNITY.COM SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

DISPUTES

This Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Missouri, without regard to its conflict of law provisions. You and SHOETERNITY.COM and its owner agree to submit to the exclusive jurisdiction of the Circuit Court of St. Louis County, Missouri, and the U.S. District Court for the Eastern District of Missouri to resolve any dispute arising out of the Terms of Use or the use of SHOETERNITY.COM.

INDEMNITY

You agree to indemnify and hold harmless SHOETERNITY.COM, its owner, and their directors, officers, employees, and agents from any loss, liability, claim or demand, including but not limited to, reasonable attorney’s fees, made by any third party arising from your access to, or use of, SHOETERNITY.COM.

OTHER

SHOETERNITY.COM, in its sole discretion, may terminate your membership and remove and discard any information associated with the membership with or without notice. SHOETERNITY.COM and its owner will not be liable to you for termination of your membership to the Service.

SHOETERNITY.COM, in its sole discretion, may delete any of the content posted to the Site and remove and discard any information associated with the content with or without notice. SHOETERNITY.COM and its owner will not be liable to you for deletion of the images.

SHOETERNITY.COM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SHOETERNITY.COM and its owner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

SHOETERNITY.COM Terms of Use may be updated by us from time to time without notice to you. In addition, when using particular SHOETERNITY.COM owned or operated services, you and SHOETERNITY.COM shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.