Skechers Twinkle Toes Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE/APP.

Welcome to Skechers Twinkle Toes. Skechers Twinkle Toes is a membership-based social community. Therefore, it is very important that you review the following Terms of Use so that you know what you can and cannot do on Skechers Twinkle Toes site and app. By using this website/app at yoursphere.com/skechers-twinkle-toes (the "Site/app"), you agree to abide by the following terms and conditions and the Privacy Policy. If you do not agree to any of these terms, then please do not use the Site/app. If there are material changes to our Terms of Use, we will post a link to our revised Terms of Use on our homepage. Your continued use of this Site/app shall constitute your acceptance of any revised Terms of Use.

These Terms of Use apply to all users of the Site/app, including registered users ("Members") who are also contributors of video content, photographs, articles, information, and other materials or services on the Site/app. The Site/app may contain links to third party website/apps that are not owned or controlled by Skechers Twinkle Toes . Skechers Twinkle Toes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website/apps. In addition, Skechers Twinkle Toes will not and cannot censor or edit the content of any third-party site/app. By using the Site/app, you expressly relieve Skechers Twinkle Toes from any and all liability arising from your use of any third-party website/app. Skechers Twinkle Toes hereby grants you permission to use the Site/app as set forth in this Terms of Use, provided that you will not copy or distribute any part of the Site/app in any medium without Skechers Twinkle Toes 's prior written authorization, and you will otherwise comply with the terms and conditions of these Terms of Use.

Intellectual Property Rights

The content on the Site/app, except User Submissions and Postings, including without limitation, the text, software, scripts, graphics, photographs, sounds, videos, articles, online games, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Skechers Twinkle Toes , subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site/app is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Skechers Twinkle Toes reserves all rights not expressly granted in and to the Site/app and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

Eligibility, Accounts, Password, and Security

Each Member may be asked to choose a password and a user name. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Skechers Twinkle Toes immediately of any unauthorized use of your account or any other breach of security. Skechers Twinkle Toes will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Skechers Twinkle Toes or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

User Submissions

For Members, the Site/app permits user submissions including videos, photographs, or other materials ("User Submissions") and the hosting, sharing, and publishing of such User Submissions. By uploading or otherwise submitting any materials to us and/or the Site/app, you automatically grant (or warrant that the owner of such rights has expressly granted) to Skechers Twinkle Toes a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.

You shall be solely responsible for, and assume all liability regarding your own User Submissions, the consequences of posting or publishing them, and your interaction with other Members through the Site/app. Also should your account be terminated, you will not be given back any of your membership fees, User Submissions, nor will you be given access to such User Submission.

Skechers Twinkle Toes does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Skechers Twinkle Toes expressly disclaims any and all liability in connection with User Submissions. Skechers Twinkle Toes does not permit copyright infringing activities or infringement of intellectual property rights on its Site/app, and Skechers Twinkle Toes will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Skechers Twinkle Toes reserves the right to remove Content and User Submissions without prior notice.

You acknowledge that Skechers Twinkle Toes may or may not pre-screen User Submissions, but that Skechers Twinkle Toes and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submissions that is available via the Site/app. Without limiting the foregoing, Skechers Twinkle Toes and its designees shall have the right to remove any User Submissions that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Submissions, including any reliance on the accuracy, completeness, or usefulness of such User Submissions. In this regard, you acknowledge that you may not rely on any user content submitted to Skechers Twinkle Toes , including without limitation information in Skechers Twinkle Toes 's message boards, blogs and in all other parts of the Site/app. Skechers Twinkle Toes further reserves the right to display User Submissions for marketing, promotional, and advertising purposes.

Message Boards/"Blogs"/"Postings"/Public Forums

In addition to User Submissions and to the extent that portions of this Site/app provide Members an opportunity to interact, post and/or exchange information, ideas, and opinions ("Postings") in chatrooms, virtual worlds, message boards, and online games ("Forums"), and via text messaging, through avatars, and in descriptions of Members and other areas on the Site/app, please be advised that Postings do not necessarily reflect the views of Skechers Twinkle Toes . Although we periodically monitor exchanged and posted information, in no event does Skechers Twinkle Toes assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site/app or elsewhere. Thus, users remain solely responsible for, and assume all liability regarding the content of their messages and postings and interactions with other Members. Nonetheless, Skechers Twinkle Toes will make reasonable efforts to ensure that the Forums serve the best interests of all users and, therefore, Skechers Twinkle Toes reserves the right, in its sole discretion, to edit, delete, or refuse to post any Posting that violates these terms and conditions, as well as revoke the privileges of any user who does not comply with these terms and conditions. Skechers Twinkle Toes also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement) regarding the content of any post and supplying identifying information regarding such poster to such third party.

The Forums and Postings may be used for noncommercial purposes only. Members may not post any information intended to promote and/or generate revenue for any third party business activity. You specifically acknowledge that soliciting other Skechers Twinkle Toes 's members to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.

You hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other User Submissions of any kind or nature. Without limiting the foregoing, you hereby grant to Skechers Twinkle Toes the right to use and change the Postings in any manner that Skechers Twinkle Toes may determine.

User Conduct

Skechers Twinkle Toes does not allow, and you agree not to use this Site/app to:

  • upload, post, email, transmit or otherwise make available any User Submissions or Postings (collectively "User Content") that are unlawful, harmful, derogatory, defamatory, abusive, threatening, vulgar, obscene (including but not limited to posting pictures or videos with drugs, alcohol, nudity or sexual acts), bigoted, libelous, tortuous, hateful, racially or ethnically objectionable, insulting or that violates any person's privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers without consent);
  • harm minors in any way;
  • "stalk" or otherwise cyberbully (including but not limited to bullying, harassing, humiliating, threatening, embarrassing or targeting) another Member;
  • create an account for a person that does not exist;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • post information that you know is false, misleading, or that promotes illegal activity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions or Postings transmitted through the Site/app;
  • upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Use the Site/app to promote another party's products or services, or solicit others for commercial products or services of any kind;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site/app are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Site/app or servers or networks connected to the Site/app, or disobey any requirements, procedures, policies or regulations of networks connected to the Site/app; and/or
  • intentionally or unintentionally violate any applicable local, state, national or international law.

We reserve the right to remove any material or terminate the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content upload, post, email, transmit or otherwise made available on this Site/app that we deem may be in violation of these terms or any applicable law.

Notwithstanding the foregoing, Skechers Twinkle Toes is not required to host, index, or display any User Content uploaded or otherwise provided to Skechers Twinkle Toes , and may remove or refuse to host, index or display any User Content. Skechers Twinkle Toes is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Content.

You acknowledge, consent and agree that Skechers Twinkle Toes may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: ( a ) comply with law, request or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); ( b ) enforce the Terms of Use; ( c ) respond to claims that any User Content violates the rights of third parties; ( d ) respond to your requests for customer service; or ( e ) protect the rights, property or personal safety of Skechers Twinkle Toes , its users and the public. Notwithstanding any other provision of this Terms of Use or the Privacy Policy, Skechers Twinkle Toes reserves the right, but has no obligation, to disclose any information to authorities that you submit, if in its sole opinion suspects or has reason to suspect, that the information involves a party who may be a victim of abuse in any form. By using this site/app, you hereby acknowledge and agree that Skechers Twinkle Toes is permitted to make such disclosures.

By using this site/app, you agree to allow Skechers Twinkle Toes the right to use the information from you and your experiences through the Site/app to monitor, track and research ways to improving Skechers Twinkle Toes 's services and community.

Disclaimer Regarding Third Party Games, Applications or services

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY GAME, APPLICATION OR SERVICE THAT MAY BE ACCESED VIA THE SITE/APP, IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY SKECHERS TWINKLE TOES . YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE MAY
ALSO BE GOVERNED BY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE PROVIDER'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. SKECHERS TWINKLE TOES EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY GAMES, APPLICATIONS OR SERVICES OR YOUR USE THEREOF.

Claims of Copyright Infringement

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site/app are covered by a single notification, a representative list of such works at that site/app;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Skechers Twinkle Toes 's designated copyright agent to receive notifications of claimed infringement is: SkechersTwinkleToes@Yoursphere.com Skechers Twinkle Toes

No Unlawful or Prohibited Use

As a condition of your use of this Site/app, you agree that you will not use the Site/app for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Site/app in any manner that could damage, disable, overburden, or impair any of Skechers Twinkle Toes's servers, or the network(s) connected to any of Skechers Twinkle Toes 's servers, or interfere with any other party's use and enjoyment of the Site/app. You may not attempt to gain unauthorized access to the Site/app, other accounts, computer systems or networks connected to any of Skechers Twinkle Toes 's servers or the Site/app, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/app.

Contests, Skechers Twinkle Toes Rewards, and Other Activities

Skechers Twinkle Toes provides rules of participation ("Rules of Participation") for certain activities on this Site/app including, without limitation, contests and rewards by Skechers Twinkle Toes , and/or in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the specific activity in which you choose to participate shall govern.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skechers Twinkle Toes without restriction.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE/APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SKECHERS TWINKLE TOES , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE/APP AND YOUR USE THEREOF. SKECHERS TWINKLE TOES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE/APP'S CONTENT OR THE CONTENT OF ANY SITE/APPS LINKED TO THIS SITE/APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE/APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE/APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE/APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKECHERS TWINKLE TOES SITE/APP. SKECHERS TWINKLE TOES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SKECHERS TWINKLE TOES SITE/APP OR ANY HYPERLINKED WEBSITE/APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SKECHERS TWINKLE TOES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL SKECHERS TWINKLE TOES , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE/APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE/APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE/APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKECHERS TWINKLE TOES SITE/APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SKECHERS TWINKLE TOES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SITE/APP

The Site/app is controlled and offered by Skechers Twinkle Toes from its facilities in the United States of America. Skechers Twinkle Toes makes no representations that the Site/app is appropriate or available for use in other locations. Those who access or use the Site/app from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site/app in violation of these Terms of Use and/or your breach of these Terms of Use, any breach of your representations and warranties set forth in these Terms of Use, or your violation of any law or the rights of a third party.

Advertisers or Sponsors

Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Site/app, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Skechers Twinkle Toes shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Site/app.

Third Party Hyperlinks

The appearance of and your use of any external hyperlinks generated by third parties does not constitute endorsement by Skechers Twinkle Toes , its subsidiaries and affiliates of the opinions or views expressed by these third party Web site/apps and Skechers Twinkle Toes does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these site/apps. Furthermore, Skechers Twinkle Toes is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such site/apps. As such, neither Skechers Twinkle Toes nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these site/apps. Finally, Skechers Twinkle Toes will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the dissemination, exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked site/apps.

Modifications to Site/app

Skechers Twinkle Toes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site/app (or any part thereof) with or without notice. You agree that Skechers Twinkle Toes shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

Skechers Twinkle Toes reserves the right to terminate or suspend your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this Agreement, or for any other reason Skechers Twinkle Toes assumes no liability for any information removed from the Site/app, termination and/or suspension of accounts for violating these terms and conditions.

You may also terminate your account at any time. This termination is effective immediately. After termination, you will not be given back any of your User Submissions, nor will you be given access to such User Submissions.

We reserve the right to permanently restrict access to our products and services to Members who have had their accounts cancelled or suspended.

General

You agree that: (i) the Site/app shall be deemed solely based in California; and (ii) the Site/app shall be deemed a passive website/app that does not give rise to personal jurisdiction over Skechers Twinkle Toes , either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Skechers Twinkle Toes that arises in whole or in part from the Site/app shall be decided exclusively by a court of competent jurisdiction located in Sacramento County, California. These Terms of Use, together with the Privacy Policy and any other legal notices published by Skechers Twinkle Toes on the Site/app, shall constitute the entire agreement between you and Skechers Twinkle Toes concerning the Site/app. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Skechers Twinkle Toes 's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Skechers Twinkle Toes reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site/app following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site/app or related services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Thank you for your use of our Site/app and please contact us with any questions.

Last updated: February 26, 2016