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Terms & Conditions

Terms of Use

Welcome to the FBF Web Site (“Site”). Please review the following basic rules that govern your use of our Site (the “Agreement”). Please note that your use of our Site means that you agree to these rules.


Site Contents

Except for brand names and trademarks of third-party vendors of merchandise featured on the Site, or unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by For Bare Feet, LLC and For Bare Feet Stores, LLC (the “Company”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Company. FBF and all related trademarks appearing at this Site are trademarks of the Company.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.


Submissions of User Content

You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to FBF or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Snapchat, YouTube, Pinterest and Google+, that are associated with hashtags related to FBF, including, for example, #FBF, #FBFOriginals, #WearYourPassion and #YourSockYourStyle. Such Submissions may be used on the Website and/or on other FBF marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by FBF to be used, it may be displayed for other users to see, together with your name and associated profile information (such as your handle and profile picture). FBF is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.

Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant FBF, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Snapchat handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Snapchat, YouTube, Pinterest and Google+’s Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead FBF as to the origin of any Submission. You agree to indemnify FBF, our vendors, including Olapic, Inc., and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Snap, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, Twitter, or Snapchat handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO FBF’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by FBF without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

FBF reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. FBF is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of FBF, including its licensors and/or vendors, and FBF does not endorse any such opinions, statements, or materials.

You acknowledge and agree that FBF has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.


Feedback

Any questions, comments, suggestions, or other information about FBF products or services submitted to FBF through this Website (“Contact Us”) shall be deemed non-confidential and non-proprietary. FBF shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. FBF specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and FBF will not have any obligation or liability to you arising from FBF’s and/or any third party’s receipt or use of such information or material.


Feedback and User Content

You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that FBF does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. FBF expressly disclaims any liability for such Feedback and User Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on said Feedback and User Content, and that under no circumstances will FBF be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that FBF does not pre-screen or approve Feedback and User Content, but that FBF shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.

Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. FBF expressly disclaims any liability for such organizations, events or individuals.


Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.


Links to Other Websites and Services

This Site may contain links to outside services and resources, the availability and content of which the Company does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The privacy policy, terms of use and other conditions of access specified on or applicable to any third-party site will govern access and use of such site, the site owner’s use of information obtained from users, etc.


Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

This provision is unenforceable or inapplicable within the State of New Jersey.


Indemnification

You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

This provision is unenforceable or inapplicable within the State of New Jersey.


Miscellaneous

This Site is controlled and operated by the Company from its offices in Martinsville, Indiana.

This Agreement shall be construed in accordance with the laws of the State of Indiana, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Indiana and/or County of Morgan.


Termination

This Agreement is effective unless and until terminated by either you or the Company. Either of us may terminate this Agreement at any time without notice.


RSS Feeds

Individuals may use the Site’s RSS feeds free of charge for their personal, non-commercial use only. FBF reserves the right to disable, to change, or to cease distribution of these RSS feeds at any time and reserves the right to require individuals to cease any and all use of these feeds at any time for any reason. To request permission to make commercial use of the Site’s RSS feeds, please submit your request by filling out our online form found at Contact Us. FBF will consider such submitted requests but is not obligated to grant any specific permission request.

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