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Terms of Service

Updated 1/29/19
 
Welcome to Freakyshoes.com!
This Terms of Use Agreement (“Agreement”) is a legally binding contract between you (“You” or “Your”) and Big Boy Group, LLC dba Freakyshoes.com. This Agreement specifies the terms and conditions for access to and use of Freakyshoes.com (collectively, including all content and functionality, the "Site") and describes the terms and conditions applicable to Your access of and use of the Site. By using this Site, and in consideration of Freakyshoes.com providing its services of the Site to You, You agree to comply with and be bound by this Agreement, and the Site’s Privacy Policy, and incorporated herein by reference, whether You have not registered with the Site (“Visitors”) or You are a registered with the Site (“Members”) (Visitors and Members shall be collectively referred to herein as “Users”). Please review these terms and conditions and the Privacy Policy carefully.
 
YOU UNDERSTAND THAT BY USING THIS SITE, SERVICES (INCLUDING CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR ITS SERVICES.  If You agree to this Agreement on behalf of a business, You represent and warrant that You have the authority to bind that business to this Agreement and Your Agreement to these terms will be treated as the agreement of the business. In that event, “You” and “Your” will refer and apply to both that business and You.  

1. Agreement. This Agreement applies to all use of the Site, including Users who are also contributors of content, information and other materials or services. Freakyshoes.com reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site or modify this Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at 
Freakyshoes.com. Posting on the Site a change notice or a new agreement is considered sufficient notice to You of the modifications. However, You agree to be bound by any superseding terms of use agreements, even if You have not received notice of such a change. Each use by You shall constitute and be deemed Your unconditional acceptance of this Agreement. If modifications of the Agreement are not acceptable to You, Your only recourse is to terminate this agreement and immediately refrain from using any and all services or goods provided by the Site. Your continued use of the Site constitutes ratification of Your acceptance of any new terms or conditions.
 
2. Right to Access. Freakyshoes.com reserves the right to prevent and/or prohibit access to the Site by anyone for any reason, consistent with applicable law, including Your failure to follow the policies itemized herein, as a result of which Freakyshoes.com in its sole discretion may take appropriate action, including, but not limited to banning a User from accessing the Site. To assist in enforcing Freakyshoes.com's rights and responsibilities, You agree to allow Freakyshoes.com to uniquely identify any computer You use to access the Site as the source of recordings made on the Site. You acknowledge that use of the Site is a privilege granted under this Agreement and that Your rights to free speech will not be considered abridged in the event that You are denied access to the Site.
 
3. Freakyshoes.com Accounts. In order to access certain features of the Site, You will have to create a Freakyshoes.com account and become a Member. To become a Member You must be at least eighteen (18) years of age and able to form legally binding agreements, and by establishing an account, you are representing and warranting the foregoing. When You register, You will be asked to choose a username and a password. You agree that You are responsible for safeguarding Your password and You agree not to disclose Your password to any third party. You agree that You are solely responsible for any activities or actions that occur on Your account, whether or not You have authorized such activities or actions. You must notify Freakyshoes.com immediately of any breach of security or unauthorized use of Your account. Although Freakyshoes.com will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of Freakyshoes.com or others due to such unauthorized use.
 
You agree that the information that You provide to Freakyshoes.com upon registration, and at all other times will be true, accurate, current and complete. You may terminate Your Freakyshoes.com account at any time and for any reason by selecting “Close Account” in Your account preferences.
 
4. Intellectual Property Rights and Ownership. Definitions: “Content” as used in this Agreement means, collectively, the text, images, illustrations, icons, headers, date, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like made available through the Site, excluding User Content.  “User Content” as used in this Agreement means, collectively, the text, data, remarks, suggestions, ideas, graphics, images, photos and files and other content and information which Users upload, post and otherwise submit or provide to the Site, including without limitation pictures, pictures of individuals and written or artistic material. User Content may include incorporation and modification of existing copyrighted materials published or posted to the Site, including but not limited to images or photographs or writings (collectively, “User Submissions”). User Content and User Submissions shall collectively be referred to herein as “User Content and Submissions”.
 
Content: “Freakyshoes.com” is a trademark of Freakyshoes.com. All Content on the Site, including without limitation the trademarks, service marks and logos contained therein are owned by or licensed to Freakyshoes.com, subject to copyright and other intellectual property rights or licenses held by Freakyshoes.com under the law.  All Content is copyrighted as a collective work under the U.S. and international copyright laws and Freakyshoes.com owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content on this Site.
 
Content on the Site is provided to You AS IS for Your information and personal use only and may not be downloaded, copied, reproduced, republished, distributed, assigned, sub-licensed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to copy materials on the Site, reverse engineer or break into the Site, alter or modify any part of the Site, access content through any technology or means other than the explicitly authorized means Freakyshoes.com may designate, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Freakyshoes.com and Freakyshoes.com may terminate Your use of this Site at any time. Under no circumstances will You acquire any ownership rights or other interest in any content by or through Your use of this site.
 
You are granted a limited, non-sublicensable license to access and use this Site and Content for personal, informational, and shopping purposes only.  Such license does not include: (a) any resale or commercial use of this Site or products, including custom shoes, created by using this Site; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Content; (d) modifying or otherwise making any derivative uses of this Site or Content, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Site, Content, or any information contained therein, except as expressly permitted on this Site; or (g) any use of this Site or Content other than for its intended purpose. Any use of this Site or Content other than as specifically authorized herein, without the prior written permission of Freakyshoes.com, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
 
User Content and Submissions: With respect to all User Content and Submissions that you seek to upload, post, use, or make available to Freakyshoes.com, you represent and warrant that: (i) the material is either fully original to You or that You have all necessary rights, licenses and permissions needed to post the material at the Site (including but not limited to all copyright and right of publicity/privacy rights); (ii) Your User Content and Submissions 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; and (iii) Your Content and Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Pinterest and Google's Terms of Use.
 
You acknowledge and agree that Freakyshoes.com has no control over, and does not endorse, any User Content and Submissions and expressly disclaims any and all liability in connection with any User Content and Submissions. However, in connection with User Content and Submissions posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, Freakyshoes.com reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content and Submissions; (ii) refuse to process without notice any orders for products or services; and (iii) revoke any User's right to use this Site.  Freakyshoes.com is under no obligation to use, exhibit, perform, distribute, post, or otherwise exploit your User Content and Submissions; without limitation of the foregoing, Freakyshoes.com may edit, alter, post, decline to post, remove, discard or delete your User Content at anytime with no further notice.
 
Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of Freakyshoes.com, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (ii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Site; (iv) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to use the material and have it used as contemplated by this Site; and (vii) be only for non-commercial purposes.
 
Freakyshoes.com has, without restriction or compensation to the User submitting or broadcasting the User Content, the right to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content and Submissions in connection with the Site and Freakyshoes.com's business and its successors’ and affiliates’ business, including without limitation advertising the Site or User Content on other websites using Your name, image and/or likeness and User Content, and promoting and redistributing part or all of the Site in any media formats and through any media channels.
 
You retain all of your ownership rights in Your User Content and Submissions.  However, by uploading, submitting, posting, publishing or otherwise transmitting any User Content and Submissions to the Site, You hereby grant Freakyshoes.com a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content and Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites.
 
Limitations: You acknowledge and agree that Freakyshoes.com may, at its option, establish limits concerning User Content and Submissions, including without limitation the maximum number of days that User Content and Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to You for the storage of User Content and Submissions on Freakyshoes.com's servers. Freakyshoes.com will have no responsibility or liability for and You are solely responsible for creating back-ups of Your User Content and Submissions.
 
Disclaimer: You understand that when using the Site, You will be exposed to User Content and Submissions from a variety of sources, and that Freakyshoes.com is not responsible for the accuracy, usefulness or safety of or relating to such User Content and Submissions. You further understand and acknowledge that You may be exposed to User Content and Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Freakyshoes.com with respect thereto, and agree to indemnify and hold Freakyshoes.com, its owners/operators, affiliates, employees, directors, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.
 
Freakyshoes.com does not endorse any User Content and Submissions or any opinion, recommendation, or advice expressed therein, and Freakyshoes.com expressly disclaims any and all liability in connection with User Content and Submissions. Freakyshoes.com does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Freakyshoes.com will remove all User Content and Submissions if properly notified that such User Content and Submissions infringes on another's intellectual property rights. Freakyshoes.com reserves the right to remove User Content and Submissions without prior notice.
 
5. Site Use and User Obligations.  The Site may be used and accessed for lawful purposes only.  You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with Your use of the Site. In addition, without limitation, You agree You do not have the right to and will not do any of the following while using or accessing the Site:
 
a)      Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit any Content, another’s User Content and Submissions (collectively “Site Content”) in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement;
 
b)      Upload, email or otherwise transmit (i) any Site Content to which You do not have the lawful right to copy, transmit and display (including any User Content and User  Submission that would violate any confidentiality or fiduciary obligations that You might have with respect to the User Content and/or User Submission); (ii) any Site Content for which You do not have the consent or permission of each identifiable person in the Site Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Site Content) and such consent or permission is necessary; or (iii) any files and content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
 
c)      Upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitations;
 
d)     Use any meta tags or other hidden text or metadata utilizing a Freakyshoes.com name, trademark, URL or product name, including without limitation “Freakyshoes.com”;
 
e)      Circumvent, disable or otherwise interfere with security-related features of the Site or third party intellectual property, or features that prevent or restrict use or copying of any Site Content or third party content, or enforce limitations on the use of the Site or the Site Content herein;
 
f)       Upload, email, transmit, publish, post, stream or broadcast unlawful, false, misleading, libelous, obscene, threatening, hateful, harassing or defamatory statements about any organization or person, or publish, post, stream or broadcast any User Content and Submissions that contain objects or symbols of hate, invade the privacy/publicity rights of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), or that contain objects or symbols that are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or that constitute hate speech;
 
g)      Upload, email, transmit, publish, post, stream or broadcast content that includes or describes graphic violence;
h)      Upload, post, stream, email, broadcast or otherwise transmit any User Content and Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
 
i)        Upload, post, stream, email, broadcast or otherwise transmit any User Content and Submissions that include code that is hidden or otherwise surreptitiously contained within the images, text, audio or video of any User Content and Submissions that are unrelated to the immediate, aesthetic nature of the User Content and Submissions;
 
j)        Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Freakyshoes.com's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
 
k)       Attempt to probe, scan or test the vulnerability of any Freakyshoes.com system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
 
l)        Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
 
m)     Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Freakyshoes.com or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
 
n)      Collect or store personal data about other Users without their express permission;
 
o)      Impersonate or misrepresent Your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
 
p)      Use the Site in any manner not permitted by this Agreement; or,
 
q)      Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.
You agree not to use the Site or any Content for any commercial use, without the prior written authorization of Freakyshoes.com. Prohibited commercial uses include any of the following actions taken without Freakyshoes.com’s express approval:
a)      Sale of access to the Site or its related services on another website;
 
b)      Sale of products bearing User Content and Submissions that infringe the intellectual property rights of another or violates the rights of privacy/publicity of another;
 
c)      The sale of advertising, on the Site or any third-party website, targeted to the content of specific User Content and Submissions; and,
 
d)     Any use of the Site or its related services that Freakyshoes.com finds, in its sole discretion, to use Freakyshoes.com’s resources or User Content with the effect of competing with or displacing the market for Freakyshoes.com service, products, or Site Content.
Freakyshoes.com has the sole discretion to determine if any content published using the Site violated these content restrictions.
 
6. User Interactions. You understand that Freakyshoes.com does not guarantee any confidentiality with respect to any User Content and Submissions, whether or not such User Content and Submission  is published or broadcasted. You shall be solely responsible for Your own User Content and Submissions and the consequences of uploading, transmitting, posting, publishing, streaming or broadcasting them. You are solely responsible for Your interactions (including any disputes) with other Users, organizations, events, and/or individuals found on or through the Site. You understand that Freakyshoes.com does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information to other Users. You agree to take reasonable precautions in all interactions with other Users, particularly if You decide to meet a User offline, or in person. Your use of the Site, and Site Content and any other information or other materials made available through the Site is at Your sole risk and discretion and Freakyshoes.com hereby disclaims any and all liability to You or any third party relating thereto. Freakyshoes.com reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Agreement. You will cooperate fully with Freakyshoes.com to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Freakyshoes.com representatives access to any password-protected portions of Your Freakyshoes.com account.
 
7. Indemnification. You agree to indemnify, defend and hold Freakyshoes.com and its officers, directors, partners, employees, and affiliates, harmless from and against any liabilities, losses, claims, damages and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way related to (a) Your access to or use of the Site, and/or Site Content; (b) Your violation of this Agreement; (c) Your violation of any third party right, including without limitation any intellectual property right, publicity, privacy, confidentiality, or property right; and/or (d) any claim that one of Your User Content and Submissions caused damage to a third party, including without limitation claims that Your User Content and Submissions are infringing or emotional distress. 

8. Disclaimer. THE INFORMATION ON THIS SITE, THE SITE CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS SITE AND SITE CONTENT IS AT YOUR SOLE RISK. FREAKYSHOES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE AND NON-INFRINGEMENT. FREAKYSHOES.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. FREAKYSHOES.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FREAKYSHOES.COM 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.  TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FREAKYSHOES.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION (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, (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 SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE 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, PUBLISHED, EMAILED, STREAMED, BROADCASTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION OR BE CURTAILED TO THE ALLOWED LIMITATIONS IN YOUR JURISDICTION.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
 
10. Use of Information. You will not assign this Agreement or assign any rights or delegate any obligations here-under, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Freakyshoes.com. Any purported assignment or delegation by You without the appropriate prior written consent of Freakyshoes.com will be null and void. Freakyshoes.com reserves the right, and You authorize Freakyshoes.com, to use and assign all information regarding Site uses by You and all information provided by You in any manner consistent with our Privacy Policy.
 
11. Relationship of the Parties. For purposes of this Agreement, including if You become a Member and create an account, You are not an employee or agent of Freakyshoes.com, and You will not represent that You are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under this Agreement, including without limitation any expenses associated with the implementation of this Agreement.
 
12. Notification of Copyright Infringement. Freakyshoes.com respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdfFreakyshoes.com will respond expeditiously to claims of copyright infringement committed using Freakyshoes.com’s service that are reported to Freakyshoes.com. If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Designated Copyright Agent:
 
a)      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
 
b)      A description of the copyrighted work that You claim has been infringed;
 
c)      A description of where the material that You claim is infringing is located on the Site;
 
d)     Your address, telephone number, and e-mail address;
 
e)      A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
 
f)       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.
 
Freakyshoes.com’s Designated Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
info@Freakyshoes.com
 
13. Counter Notices: One who has posted material that allegedly infringes a copyright may send Freakyshoes.com a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Freakyshoes.com receives a counter notice, we may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please provide the following information to Freakyshoes.com’s Designated Copyright Agent. Please note that if You provide a counter notice, in accordance with the Freakyshoes.com’s Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party.
 
a)      Identification of the material that has been removed or to which access has been disabled on Freakyshoes.com’s service and the location at which the material appeared before it was removed or access to it was disabled.
 
b)      A statement by You, made under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
 
c)      Your name, address, telephone number and, if available, email address.
 
d)     The following statement “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Freakyshoes.com may be found, and I will accept service of process from the complaining party who notified Freakyshoes.com of the alleged infringement or an agent of such person.
 
e)      A statement by You, made under penalty of perjury, that the above information in Your counter notice is accurate.
 
f)       Your physical or electronic signature.
 
The Counter Notice should be delivered to Freakyshoes.com’s Designated Copyright Agent, as indicated above.
 
14. Notification of Trademark Infringement.  Freakyshoes.com will also respond expeditiously to claims of trademark infringement committed using Freakyshoes.com’s service that are reported to Freakyshoes.com. If You believe Your work has been copied in a way that constitutes trademark infringement, please provide a notice containing all of the following information to our Designated Trademark Agent:
a)      An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest;
 
b)      A description of the mark that You claim has been infringed;
 
c)      A description of where the material that You claim is infringing is located on the Site;
 
d)     Your address, telephone number, and e-mail address;
 
e)      A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent, or the law (e.g. fair use, First Amendment, not likely to create consumer confusion, etc.); and,
 
f)       A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the trademark owner or authorized to act on the trademark owner's behalf.
 
Freakyshoes.com’s Designated Trademark Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

15. Termination. Freakyshoes.com may terminate this Agreement at any time, with or without notice, for any reason. After any termination, either by You in accordance with paragraph 3 or by Freakyshoes.com, You understand and acknowledge that Freakyshoes.com will have no further obligation to You. Upon termination, all licenses and other rights granted to You by this Agreement will immediately cease. Freakyshoes.com is not liable to You or any third party for any termination. Upon any termination or suspension, any information (including User Content, defined below) that You have submitted on the Site or that which is related to Your account may no longer be accessed by You. Furthermore, Freakyshoes.com will have no obligation to maintain any information stored in Freakyshoes.com’s database related to Your account or to forward any information to You or any third party.
 
Any suspension, termination or cancellation will not affect Your obligations to Freakyshoes.com under this Agreement (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
 
16. Entire Agreement. This Agreement, together with the Privacy Policy and any other legal notices published by Freakyshoes.com on the Site, shall constitute the entire and exclusive agreement between Freakyshoes.com and You regarding the Site and Site Content and supersede and replace any prior agreements between Freakyshoes.com and You regarding the Site and Site Content.
 
17. Contact Information.
 
HOW TO CONTACT US: 
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