WEBSITE TERMS AND CONDITIONS

 

 

This is the official Terms of Use Agreement ("Agreement") for famous.com ("Famous Footwear Website, "Site", "Website", "we"). This Website is hosted by Famous Footwear, which is a division of BG Retail, LLC., a wholly owned subsidiary of Caleres, Inc. ("Famous Footwear"). Please read this Agreement carefully because it explains your rights and responsibilities.

 

Your Agreement and Acceptance

 

 

By using and/or visiting this Website, you agree to be bound by (1) all the terms and conditions contained in this Agreement, and (2) Famous Footwear's privacy policy, found at www.famous.com, which is incorporated herein by reference.

This Website is not intended for children under the age of 13. By using this Website, you represent and affirm that you are at least 13 years old. If you are under 13 years of age, please discontinue use of the website immediately.

We reserve the right, in our sole discretion, to revise the terms of this Agreement at any time. Once posted on the Website, these changes become effective immediately, and your use of this Website following such changes constitutes your agreement to be bound by the revisions. Although we may attempt to notify you when we make major changes are made to this Agreement, you should periodically review the most up-to-date version at www.famous.com to make sure you are aware of the most current terms and conditions.

This Agreement shall apply to all Website users, including users who contribute video content, postings, comments, and other materials or services on the Website.

 

 

Famous Footwear Accounts

 

 

We may require you to create an account in order to access some features of the Website. When creating your account, you must provide complete and accurate information as prompted.

You are solely responsible for protecting the security and confidentiality of your account password and identification, and you will be responsible for any activity that occurs on your account.

You must notify Famous Footwear immediately of any breach of security or unauthorized use of your account.

Famous Footwear 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. You could be liable for losses incurred by Famous Footwear or others due to such unauthorized use.

 

 

Use of the Website

 

 

Famous Footwear hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:

You agree to comply with all applicable local, state, national and international laws and regulations.

You agree to use the Website communication services only to post, send and receive messages and materials that are proper and legal.

You agree that you will not use this Website for any purpose that is unlawful or that is prohibited by this Agreement.

You agree not to violate or attempt to violate the security of the Website, and you agree not to use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other person's use and enjoyment of the Website.

You agree not to use the Website for any commercial use.

You agree not to use the communication systems provided by the Website for any commercial solicitation purposes (for example, you agree not to solicit for commercial purposes any users of the Website regarding their User Submissions).

Famous Footwear reserves the right to discontinue any aspect of the Famous Footwear Website at any time.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Famous Footwear Website.

The Content on the Famous Footwear Website, except all User Submissions (as defined below), including without limitation, the text, button icons, images, photos, graphics, sounds, music, videos, interactive features, software and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Famous Footwear, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you "as is" and is intended solely for your personal, noncommercial use. Accordingly, you agree not to download, copy, reproduce, republish, upload, post, transmit, broadcast, display, sell, license, or otherwise distribute for any commercial purpose whatsoever any Content from this Website without the prior written consent of the respective owners. Famous Footwear reserves all rights not expressly granted in and to the Website and the Content.

You shall not download any User Submission unless you see a "download" or similar link displayed by Famous Footwear on the Famous Footwear Website for that specific User Submission.

User Comments are made available "as is", and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise distributed in any manner not intended by the normal functionality of the Famous Footwear Website or otherwise as prohibited under this Agreement.

You may access Famous Footwear Content, User Submissions and other content only as permitted under this Agreement. Famous Footwear reserves all rights not expressly granted in and to the Famous Footwear Content and the Famous Footwear Website.

You understand that when using the Famous Footwear Website, you will be exposed to User Submissions from a variety of sources, and that Famous Footwear is not responsible for the accuracy, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are offensive, objectionable, or inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Famous Footwear with respect thereto, and agree to indemnify and hold Famous Footwear, its Parent Company, and its affiliates and/or licensors, harmless to the fullest extent allowed by law in connection with all matters related to your use of the Website.

 

 

User Submissions

 

 

As a Famous Footwear account holder, you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." Famous Footwear does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. By submitting a User Submission, you automatically grant Famous Footwear with a perpetual, royalty-free, irrevocable nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, and display such materials or incorporate such materials into any form, medium or technology now known or later developed.

In connection with User Submissions, you agree that you will not submit material to the Website that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, rogue programs or other harmful code or properties.

Famous Footwear does not endorse any User Submission or any opinion, observation, recommendation, or suggestion expressed therein, and Famous Footwear expressly disclaims any and all liability in connection with User Submissions.

Famous Footwear does not permit infringement of intellectual property rights on its Website. Accordingly, Famous Footwear will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Famous Footwear reserves the right to remove Content and User Submissions without prior notice.

Famous Footwear respects and honors the intellectual property rights of others. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may request removal of those materials by following our process and submitting written notification that complies with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”) to our Copyright Agent (designated below).

 

Attn: DMCA Agent C/o Legal Department 8300 Maryland Avenue Saint Louis, MO 63105 Email: Legal-DMCA@caleres.com

 

 

Risk of Loss

 

 

The risk of loss and title for items you purchase from this Website will pass to you upon delivery of such items to the carrier.

 

 

Termination of Access or Account

 

 

Famous Footwear reserves the right to refuse service, terminate accounts, or restrict or terminate your access to the Website at any time and for any reason, with or without cause, without prior notice, and without any liability or further obligation of any kind whatsoever to you or any third party. Famous Footwear reserves the right to decide whether Content or a User Submission is appropriate and complies with the terms of this Agreement. Famous Footwear may remove such User Submissions any time, without prior notice and at its sole discretion.

 

 

Links to Third Party Sites

 

 

The Website may contain links to third party websites that are not owned or controlled by Famous Footwear. Famous Footwear has no control over, and is not responsible for the content or practices of such websites. By using the Website, you expressly relieve Famous Footwear from any and all liability arising from your use of any third-party website. We encourage you to be aware of when you leave the Famous Footwear Website and to review the policies of every website that you visit.

 

 

Warranty Disclaimer and Limitations of Liability

 

 

Warranty:

 

 

THIS WEBSITE IS PROVIDED BY FAMOUS FOOTWEAR ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE FAMOUS FOOTWEAR WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, FAMOUS FOOTWEAR ITS PARENT COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FAMOUS FOOTWEAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE 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 WEBSITE, (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, (IV) ANY BUGS, VIRUSES, OR SIMILAR ROGUE PROGRAMS OR HARMFUL PROPERTIES THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 FAMOUS FOOTWEAR WEBSITE. FAMOUS FOOTWEAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FAMOUS FOOTWEAR WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FAMOUS FOOTWEAR 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.

 

 

Limitation of Liability:

 

 

IN NO EVENT SHALL FAMOUS FOOTWEAR, ITS PARENT COMPANY, AND THEIR RESPECTIVE 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, (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, (IV) ANY BUGS, VIRUSES, ROGUE PROGRAMS, HARMFUL PROPERTIES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 FAMOUS FOOTWEAR WEBSITE, 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. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT FAMOUS FOOTWEAR SHALL NOT BE LIABLE FOR ANY USER SUBMISSION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THESE EVENTS RESTS ENTIRELY WITH YOU.

 

 

Indemnity

 

 

You agree to defend, indemnify and hold harmless the Website, BG Retail, LLC. and its divisions, its parent corporation, and any of their respective officers, directors, employees and agents, from and against any and all allegations, claims, demands, actions, causes of actions, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney's fees and other legal expenses) arising from: (i) your use of and access to the Famous Footwear Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Famous Footwear Website.

 

 

Ability to Accept Terms of Service

 

 

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms set forth in this Agreement.

 

 

General

 

 

You agree that this Agreement and all actions contemplated by this Agreement shall be governed by the laws of the State of Missouri, without respect to its conflict of laws principles. Any claim or dispute between you and Famous Footwear that arises in whole or in part from your use of the Famous Footwear Website shall be filed and decided exclusively in the state courts in St. Louis County, Missouri, or the U.S. District Court for the Eastern District of Missouri. This Agreement, together with the Privacy Policy located at www.famous.com, and any other legal notices published by Famous Footwear on the Website, shall constitute the entire agreement between you and Famous Footwear concerning the Famous Footwear Website. Famous Footwear reserves the right at all times to disclose any information as Famous Footwear deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Famous Footwear's sole discretion. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Famous Footwear's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.