Terms and Rules
TERMS AND RULES
Updated: OCTOBER 2019
ACCESS TO AND USE OF OUR SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
The Sneakertopia website, www.Sneakertopia.com, (the “Service”) is owned and operated by Sneakertopia Inc. (“Sneakertopia”, “we”, “us”, or “our”).
The materials provided on the Service are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.
- Personal Information
If you provide information that is not accurate, current or complete, or if we have reason to believe that the information you provided is not accurate, current or complete, we may, in our sole discretion, prohibit you from any and all future use of the Service.
- Use Restrictions
You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Service or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2019, Sneakertopia Inc. All rights reserved”.
You may not use the Service in any manner that could damage, disable, overburden or impair the Service, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service through hacking, password mining or any other means.
You may not reverse engineer any aspect of the Service or do anything which might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service. You may not attempt to circumvent any content-filtering techniques we employ or attempt to access any area of the Service that you are not authorized to access. You may not develop any third-party applications that interact with the Service without our prior written consent, including any scripts designed to scrape or extract data from the Service.
We reserve the right, in our sole discretion, to terminate your access to the Service, or any portion thereof, at any time, without prior notice of any kind.
If, for any reason, you create any derivatives, modifications or improvements to the Contents and/or Service (“Derivatives”), all right, title and interest (including existing and future intellectual property rights) in such Derivatives (“Derivative Rights”) vest in us immediately upon creation. You hereby assign to us with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by us or our licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.
- Hyperlinks from the Service
The Service may contain hyperlinks to other websites and webpages (including websites and webpages on which you may make purchases) (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, applications and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). We do not investigate, monitor, control or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.
We are not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Service. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Service does not indicate our approval or endorsement thereof. If you choose to leave the Service to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. You take full responsibility for using, purchasing or refraining from purchasing and goods or services contained on such Third-Party Pages or Third-Party Applications. If you do purchase goods or services from such Third Party Pages or Third-Party Applications please read their contractual terms carefully before making such purchase. Remember, your contract for those goods or services will be with that third party and not with us.
Some of the links included on our Service might be affiliated links. These links may result in us receiving a fee or commission as a consequence of you clicking through to Third-Party Pages or Third-Party Applications or purchasing goods or services from them.
- No Reliance on Information
The material and Contents on the Service are provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Service.
Although we make reasonable efforts to update the information on the Service, we make no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the Service is accurate, complete or up-to-date.
- Our Liability and Liability of our Licensors and Partners
The use of the Service and/or the Contents is at your own risk. The Contents of the Service could include technical inaccuracies or typographical errors.
We may update the Service and/or may change the Contents at any time. However, please note that any of the Content on the Service may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Service, or any of the Contents on it, will be free from errors or omissions.
Subject to applicable law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use or inability to use, the Service or the use of, or reliance on, any Contents displayed on the Service.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any Contents on it, or on any website linked to it.
Except as otherwise expressly permitted herein, you agree not to use the Service for any commercial or business purposes, and subject to applicable law we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance of the Service.
To the extent permitted by applicable law, we exclude all conditions, warranties, representation or other terms which may apply to the Service or any Contents on them, whether express or implied.
We make no claims that the Contents and/or Service are appropriate or may be downloaded and/or used outside of the United States of America. Access to and use of the Service and/or Contents may not be legal by certain persons or in certain countries.
If you access, use and/or download the Service and/or Contents from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- Applicable Laws
- Waiver and Severability
- Notice and Take Down Procedures
If you believe the Contents (or any part thereof) accessible on or from the Service infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Service by contacting us (address identified below) and providing the following information:
identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;
your name, address, telephone number, and (if available) email address.
a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;
a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.
Our address for intellectual property rights issues relating to the Service is as follows:
Attn: Sneakertopia Legal Department
6060 Center Drive, 10th Floor, Los Angeles, California 90045
In an effort to protect the rights of intellectual property rights owners, we maintain a policy for the termination, in appropriate circumstances, of users of the Service who are repeat infringers.
- Copyright and Trade Marks
Unauthorized use of any of our trademarks, service marks or logos is prohibited, and may be a violation of federal and state trademark law.
We do not guarantee the Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access and use the Service. You should use your own virus protection software.
You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable law. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
Some of the features in our Service may display items, which can be purchased from third parties such as ticketing, and merchandise vendors. If you click on any links to purchase such items you may be re-directed to the relevant website to complete your purchase. The contract for the purchase of these items will be between you and the third party and the terms and conditions of the third party shall apply. We accept no responsibility for any purchases made by you from third party retailers accessed through our Service.
Some of the links included within our Service might be affiliated links. These links may result in us receiving a fee or commission as a consequence of you clicking through to Third-Party Pages or Third-Party Applications or purchasing goods or services from them.
- Complete Agreement
- Contact Us
To contact us, please email info@Sneakertopia.com
RULES: Endorsements & Social Media Engagement Policy (“Policy”)
If you are a “fan,” “follower” of or otherwise voluntarily engage with Sneakertopia, Inc. or any of its affiliated brands (“we” or “Sneakertopia”) by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as “Post(s)”) on any Sneakertopia page, profile, or feed (collectively referred to herein as “Page”) of any social media platform (“Platform”) (e.g. Facebook, Twitter, Instagram, Pinterest, SnapChat, YouTube, Wanelo, We Heart It, et al.), or making any personal statement through a Post or otherwise in any media/medium which endorses Sneakertopia products or services (“Endorsement”), this Policy applies to you. If you do not comply with this Policy at any time, Sneakertopia reserves the right to restrict your use of or access as to Sneakertopia’s Pages at its sole discretion without prior notice, in addition to any other legal or contractual remedies that may be available. For the purpose of this Policy, anyone who engages in any manner with any Sneakertopia Page is a “User”.
By attending the Sneakertopia exhibition (the “Exhibition”, you authorize Sneakertopia, Inc., its successors, affiliates, subsidiaries, assignees and licensees (collectively, “Sneakertopia”) to use your name, voice, image, likeness, performance and appearance for any purpose in connection with the exploitation, advertising and promotion of the Exhibition and Sneakertopia, including, without limitation, via social media and other online channels. You hereby release Sneakertopia and any other person, organization or institutions connected with the Exhibition from any and all claims arising from any of the foregoing and for loss or damage to persons or property.
User Generated Content
If you tag your Post (a) by commenting with one of our promoted hashtags (e.g., #sneakertopia #gosneakertopia #thesneakertopia ); or (b) by tagging “sneakertopia”, “gosneakertopia”, or “thesneakertopia” in the Post, you agree to the following:
You consent and grant to Sneakertopia the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across Sneakertopia’s digital properties (e.g., on Sneakertopia’s branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve Sneakertopia’s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for Sneakertopia’s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not violate any laws or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under the Sneakertopia’s direct control and does not necessarily reflect the views of Sneakertopia. While Sneakertopia may curate Posts, Sneakertopia does not warrant their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider. Posts may be removed by Sneakertopia at any time and for any reason.
The rights to Sneakertopia’s information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than Sneakertopia. Additionally, certain content displayed and contained within Sneakertopia Pages is the original authorship of Sneakertopia and is owned exclusively by Sneakertopia. By being a User of or Posting on any of Sneakertopia’s Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by Sneakertopia or a third party, other than as provided herein.
You may request removal of any of your User-Generated Content by sending a removal request email to support@Sneakertopia.com. Your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
Sneakertopia respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement you may notify our designated copyright agent by mail at Sneakertopia Inc., 6060 Center Drive, 10th Floor, Los Angeles, California 90045 ATTN: INTELLECTUAL PROPERTY DEPARTMENT or at firstname.lastname@example.org. Please make sure to include the following information with your notification:
identification of the material that is claimed to be infringing and information reasonably sufficient to permit Sneakertopia to locate the material including a link to or URL for the material;
- identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- your name, address, telephone number, and email address, so that we may contact you if necessary;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright 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 owner or authorized to act on the copyright owner’s behalf.
Sneakertopia is committed to complying with all laws and regulations requiring clear and accurate advertising messages, Endorsements and testimonials when communicating with the public, including the disclosure of all material connections between an Sneakertopia marketing promotion using any Page and a User’s participation in that promotion. This Policy is intended to provide guidelines essential to ensuring compliance with those laws and regulations. Therefore, this Policy applies to all Sneakertopia employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Platform, or otherwise generally endorsing Sneakertopia products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of Sneakertopia, whether they are engaged by Sneakertopia directly or through an agency, representative of an agency, subsidiary or franchise (collectively referred to herein as “Endorsers”). This Policy applies irrespective of the forum in which the Endorsement or testimonial is being made, written or verbal, including, but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Platforms in general or any other form of media which may be used to advertise.
Endorsers are responsible for their opinions, comments and content made in Posts and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of Sneakertopia or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts. In addition, Endorsers should at all times be aware that Posts may remain public or may be archived so that such Posts may be stored and retrievable, indefinitely.
With respect to statements or other claims made in advertising messages or promotional communications about Sneakertopia and/or its products or services, Endorsers must adhere to the following general standards and disclosure requirements:
Endorsers may only make statements that reflect their honest opinions, finding, beliefs or experiences. Endorsers may not make statements about experiences with a product not personally used, examined or evaluated.
Endorsements by organizations must reflect the collective judgment of the organization.
Endorsers may not make deceptive, misleading or untruthful claims about Sneakertopia’s products or services.
Endorsers may not make any claims about Sneakertopia’s products or services that are not substantiated.
Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property or privacy and publicity rights of others.
Endorsers may not use any intellectual property of Sneakertopia in their Endorsement without the prior written consent of Sneakertopia in each instance, and such use must be in accordance with the specific guidelines provided by Sneakertopia.
Endorsers may not make any comments or Posts that in any way promotes unsafe or dangerous activities.
Endorsers may not make any comments or Posts that violate local, state or federal law.
Endorsers that are also employees of Sneakertopia must adhere to all employee guidelines found in the employee handbook, specifically including the “Social Media & Networking” section.
Endorsers may have access to or directly or indirectly be exposed to information of a proprietary and confidential nature about Sneakertopia (including without limitation its business operations and activities, strategic plans and financial information). Endorsers shall keep confidential and not disclose any such information.
Endorsers must clearly and conspicuously disclose any “material connections” to Sneakertopia in all advertising, promotional and Endorsement related communications concerning Sneakertopia and/or its products or services.
A connection that is not reasonably expected by the audience or not readily apparent from the context of the communication that may affect the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser.
Such connections may be found in the form of:
Receiving consideration (i.e. monetary compensation, including fees or commissions; gift cards; event access; prizes; free or discounted products or services) provided by Sneakertopia (or any of its agents acting on its behalf) to the Endorser;
A relationship between Sneakertopia and the Endorser (such as employment or contractual relationships); or
Potential consideration gained through a promotion, contest, or sweepstakes for which participation is conditioned upon an Endorsement.
Some examples of adequate material connection disclosures may be as follows:
I received from Sneakertopia as a gift;
[Thanks to][Courtesy of] Sneakertopia, I was given ;
Sneakertopia sent me to try;
This post is a paid advertisement for Sneakertopia;
I am an employee of Sneakertopia; or
Tagging an Endorsement on any Platform with a hashtag that discloses the material connection of the Endorsement to Sneakertopia or a specific promotion or contest; possible acceptable examples may include #Ad, #sneakertopiaContest, #sneakertopiaPartner, etc.
The above are only examples of disclosures which may be adequate. Variations of those examples may also be adequate depending on the context. The key is to disclose that there is a relationship between Sneakertopia and the Endorser which a reasonable consumer reading the Endorsement may not have realized (e.g. an employment relationship, a paid advertiser relationship, or related to a promotion or contest advertised by Sneakertopia).
Disclosures need to be made in a clear and conspicuous manner. This generally means the disclosure should occur in close proximity to where the Endorsement was made and in a similar size, font and color.
Endorsers who post their own opinions, comments, content or recommendations about Sneakertopia, and/or its products or services, must disclose that their views do not necessarily represent those of Sneakertopia.
Failure to comply with the following Guidelines will cause a Post to be rejected and pulled from Sneakertopia’s Pages and may result in immediate disqualification from being a User of Sneakertopia’s Pages:
Personal Attacks: Disrespecting, insulting or personally attacking other Users or Posts will not be permitted. Behavior and comments that may result in others feeling threatened or specifically targeted or abused will not be permitted.
Discrimination: Discrimination or prejudice based upon race, color, religion, creed, sex, sexual orientation, national origin, age, disability, veteran status, and any other protected status, will not be tolerated. Any prejudicial statements, behaviors, comments or remarks will cause the Post to be immediately disqualified and removed.
Pornographic Material: Pornographic material and/or references to it are not permitted in Posts and Posts containing such will be removed.
Violence: Any Post or statement inciting or directly referring to violence, past violence or the threat of violence is prohibited and will be removed.
Hatred: Constructive debate is permitted, but hatred towards any User or specific categories of Users will not be tolerated.
Libelous Statements: Libel of any kind is not permitted. Libel is a statement or comment about a person or organization that cannot be proved to be true and may be considered damaging to their reputation and/or interests.
SPAM: Any Post or statement that disrupts the normal flow of chat is not permitted. Examples: garbled or nonsense sentences, duplication of words and numbers. Users may not use the community in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Also, Posting under multiple nicknames is not allowed.
Slang or References to Upsetting/Distressing Subjects: Slang referring to upsetting or distressing subjects, in Sneakertopia’s sole discretion, will not be permitted and will be immediately removed. Such references include drug use, sexual acts of an indecent nature (and anything considered to be explicitly sexual in nature), references to religion, political beliefs or anything deemed to distress Users or the parents or guardians of Users or anything deemed to be socially unacceptable.
Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity will not be permitted, including drugs, prostitution, fraud, stalking, extortion and terrorism.
Unauthorized Content: The content you submit to Sneakertopia Pages will not contain any trademarked or copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the owner of such material or you are otherwise licensed to Post the material and to grant Sneakertopia all relevant licenses and permissions to use the material as contemplated herein.
Associates who violate any portion of this Policy will be disciplined, up to and including termination.
Sneakertopia reserves the right to change, alter, or modify this Policy at any time without prior notice. If you do not fully agree to this Policy, then do not submit any Posts or Endorsements.