1. Site Contents. All materials on this Site are owned or licensed by Spielstore and/or its third party providers and are protected by United States and international intellectual property laws. The text, images, graphics, video files, and their arrangement on the Site are all subject to copyright and other intellectual property protection. The information, materials, and other contents of this Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written consent of Spielstore. Access to and use of the Site is solely for your personal use. You may download, copy, or print the contents of the Site for your personal reference only. No right, title, or interest in any of the contents of the Site is transferred to you as a result of any downloading, copying, printing, or use of the Site.
3. Trademarks. All trademarks, service marks, trade dress, slogans, and logos displayed on the Site are the exclusive property of Spielstore, Spielstore’s suppliers and partners, or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Spielstore or the applicable trademark holder. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark. Please be advised that Spielstore may enforce its intellectual property rights to the fullest extent of the law.
4. Links to Other Websites. The Site may include links to other websites or other sources of information. Spielstore provides such links only as a convenience to you. Spielstore has neither reviewed the contents of these third-party websites nor does Spielstore claim any responsibility for the content or suitability of these third-party websites and Spielstore makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the websites by Spielstore or any association with their operation. The use of third party websites is entirely at your own risk. By accessing these links, you acknowledge that such other sites or locations are not under the control of Spielstore and you agree that Spielstore shall not be responsible for any information or additional links found at such site or location, or for your use of such information.
5. Registration, Accounts, and Passwords. Accessing certain services on the Site may require registration and the creation of an account. If you create an account on the Site, you agree to be responsible for maintaining the confidentiality of user names, passwords, security questions and answers, or other account identifiers which you choose, and for all activities that occur under such account identifiers. You agree to promptly notify Spielstore of: (i) any loss of your user names, passwords, security questions and answers, or account identifiers, and (ii) any unauthorized use of your user names, passwords, security questions and answers, or account identifiers. Spielstore will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.
6. Interactive Areas and User Contributions. Certain areas of the Site may include user reviews, discussion forums, postings, hashtags or other interactive areas or community features (“Interactive Areas”), that may allow you and other users to submit photos, images, artwork, graphics, sounds, music, designs, video, audiovisual materials, product reviews, comments, questions, feedback, ideas, suggestions, or other information or content via the Site or otherwise (“Contributions”). Contributions do not reflect the views of Spielstore. You are solely responsible for your use of Interactive Areas of the Site and for any Contributions that you post, both of which are done at your own risk. Spielstore takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although Spielstore has no obligation to monitor or screen Contributions posted in any Interactive Area, Spielstore may edit or remove any Contributions on the Site at any time and for any reason without notice.
By posting Contributions or use of our hashtags, you grant Spielstore a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, modify, adapt, translate, publish, display, perform, distribute and otherwise exploit or use in our discretion such Contributions in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize. We may use your Contributions for marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing including on social media. We may display advertisements in connection with your Contributions or on pages where your Contributions may be viewed by you or others, and we may use your Contributions to advertise and promote Spielstore or any of its subsidiaries or affiliates or the Site. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions. You also waive all rights in and to your Contributions in favor of us, our successors, assigns, and licensees. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation for any Contributions, or to respond to any Contributions.
You promise that: (1) you own all rights to your Contributions or, if you don’t own all rights, then at least have the right to give Spielstore the rights described above; (2) you have paid and will pay in full any fees or other payments that may be related to the use of your Contributions; and (3) your Contributions do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
7. Contribution Guidelines. By using the Site, you agree that your Contributions and use of Interactive Areas will comply with all applicable laws, and will not:
Contain any material which is defamatory of any person, libelous, obscene, pornographic, offensive, hateful, scandalous, hateful, threatening, or inflammatory;
Promote sexually explicit material;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;
Contain viruses, corrupted data, or other harmful, disruptive, or destructive files;
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety or be likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
Give the impression that it emanates from us, if this is not the case; and/or
Contain anything that, in the sole determination of Spielstore, is objectionable or inhibits any other person from using or enjoying the Site, or which may expose Spielstore or its users to any harm or liability of any kind.
Failure to comply with these contribution guidelines (“Contribution Guidelines”), as determined in Spielstore’s sole discretion, constitutes a breach of these Terms. If you breach these Contribution Guidelines, we may take such action as we deem appropriate, including but not limited to: (i) terminating your right to use the Site; (ii) removal of any Contributions; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorneys’ fees; and/or (iv) disclosure of information to law enforcement authorities.
8. Copyright and Intellectual Property Infringement Complaints.
Infringement Policy. Allegedly infringing materials on the Site may be removed or suspended in our discretion or as defined by law. Repeated infringement by a user of the Site may result in a termination of that user’s access to and use of the Site.
Notification to Spielstore. If you believe that anything posted on the Site infringes any copyright that you own or control, please provide Spielstore’s Copyright Agent with the following written information required under the Digital Millennium Copyright Act (DMCA):
Name, address, telephone number, email address, and physical or electronic signature of the copyright owner, or someone authorized to act on the copyright owner’s behalf;
A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, with enough detail that Spielstore may find it;
A written statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Spielstore’s Copyright Agent for notice of claims of copyright infringement on this Site can be reached by email: info@Spielstore.com
9. Risk of Loss The risk of loss and title for each item purchased by you, pass to you upon our delivery of the item to the carrier. We do not take title to any returned item until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return and, in that event, we do not take title to the refunded item.
10. Forward-Looking Statements. The contents of the Site may contain forward-looking statements that are based on management’s beliefs, assumptions, current expectations, estimates, and projections about the footwear industry, the economy, and about Spielstore itself. These statements are not guarantees of future performance and involve certain risks, uncertainties, and assumptions (“Risk Factors”) that are difficult to predict with regard to timing, extent, likelihood, and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, Spielstore undertakes no obligation to update, amend, or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Additional Risk Factors can be found in Spielstore’s quarterly and annual reports on Form 10-Q and 10-K.
Risk Factors include, but are not limited to, uncertainties relating to: changes in demand for Spielstore’s products; changes in consumer preferences or spending patterns; the cost and availability of inventories, services, labor, and equipment furnished to Spielstore; the degree of competition by Spielstore’s competitors; changes in government and regulatory policies; changes in trading policies or import and export regulations; changes in interest rates, tax laws, duties, or applicable assessments; technological developments; changes in the Payment Card Industry’s Data Security Standards; and changes in domestic or international economic conditions. These matters are representative of the Risk Factors that could cause a difference between an ultimate actual outcome and a forward-looking statement.
11. International Use. Because this Site can be accessed internationally, you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Spielstore or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any product made on this Site is void where prohibited.
12. Indemnification. As a condition of your use of this Site, you agree to defend, indemnify and hold harmless Spielstore, its subsidiaries and affiliates, and each of their respective officers, directors, employees, independent contractors, service providers, consultants, members, agents, agencies, third party partners, and advisors (individually and together, the “Indemnified Parties”), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store, or otherwise transmit on or through the Site (including, without limitation, any Contributions) or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to any Contributions, your conduct, your violation of these Terms or any other Spielstore terms, policies, or agreements available on or through the Site, or your violation of the rights of any third party.
13. Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SITE, ALL CONTENT OF THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE WITH ALL FAULTS BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Spielstore DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, Spielstore DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH Spielstore ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE.
14. Limitation on Liability. BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (3) THAT Spielstore SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Spielstore HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Spielstore BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES, IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF Spielstore IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER Spielstore NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSION IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT.
Spielstore RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
15. Choice of Law and Forum. The Site is controlled and operated by Spielstore from its offices in Rockford, Michigan, and these Terms shall be governed by and interpreted in accordance with the laws of the State of Michigan, without giving effect to its conflict of law principles.
16. Class Action Waiver. You agree that if any dispute should arise between you and Spielstore, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.
18. Severability. If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.
20. Termination. Notwithstanding anything in these Terms or on the Site, Spielstore reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by Spielstore.
22. Contact Us. Questions or comments about the Site may be directed to us by emailing info@Spielstore.com
Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.