Terms and conditions of use
BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE.
1. Site and Content.
1.1 Use of Site. You may access and use the Site solely for your personal use in accordance with these Terms. You agree not to access or use the Site in any manner that is prohibited by these Terms or is otherwise unlawful. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
1.2 Use of Content. You may make a single copy and/or print a single copy of any information displayed or transmitted on the Site (including, but not limited to, logotypes, trademarks, service marks, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data,blog and the like, collectively “Content”) for your personal use only.
1.3 Restrictions.Except as expressly permitted in Section 1.1 and 1.2 above, you agree not to, without first obtaining our express written permission, (a) distribute (including via e-mail), or otherwise make available, copies of any Content to anyone, (b) republish the Content on the Internet or any intranet or extranet site or incorporate the Content in any database, file, compilation, or archive, (c) reproduce, adapt, distribute, perform or display any Content, in each instance except to the extent required for the limited purpose of viewing material on the Site, (d) alter or remove any trademark, copyright or any other notice contained in any Content, (e) archive or retain any Content in any form, (f) use Content for any commercial purposes, (g) use any of our trademarks as metatags on other web sites, (h) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (i) display any part of the Site in frames (or any Content via in-line links). You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Content in any way that affects the user’s experience. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with instructions directed to search engines and available on the Site.
1.4 Product Information and Colors.We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
2. Registration; User Submissions.
2.1 Registrations. Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. However, if you allow someone else to use your account, you will be responsible for all use of the Site by the person using your account.
2.2 User Submissions.By posting or uploading content you have created (including without limitation, photographs, your social media handle, videos, reviews, suggestions and comments) (collectively, “User Submissions”) in connection with your use of the Site or through use of tools or applications we may provide for posting or sharing your User Submissions. You grant to Butterfly Footwear and its third-party service providers who provide Butterfly Footwear with content management and website services (collectively, “the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your Butterfly Footwear -tagged User Submissions and other User Submissions in any manner in Butterfly Footwear’s sole discretion (including, but not limited to, use on its webpages, social media site pages used by Butterfly Footwear, and in its other marketing, promotional and advertising activities), in any media now or hereafter known. Butterfly Footwear, may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You hereby grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions as Butterfly Footwear determines in its sole discretion. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, or the holder of any such rights has provided you with all necessary licenses, rights, consents and permissions to publish the User Submissions you submit and to grant the rights granted herein, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein, including the right to use and grant the Licensed Parties’ the right to use their name, image, voice and /or likeness without need for payment to you or any other person or person, (iii) you and all person(s) appearing in your User Submissions are not minors, (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, and (v) your User Submissions will not be or contain false, libelous, defamatory, harassing, threatening or otherwise unlawful, abusive, hateful, indecent or obscene material. You hereby release, discharge and agree to hold harmless Butterfly Footwear, the Licensed Parties, and any person acting on Butterfly Footwear’s or their behalf from any liability related in any way to the Licensed Parties’ use of your User Submissions.
Your User Submissions are deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except under the Licensed Parties’ respective privacy policies. Butterfly Footwear is and shall be under no obligation (1) to pay you any compensation for any User Submissions or (2) to use or respond to your User Submissions or to identify you in connection with any such use.
Butterfly Footwear may review, remove, reject or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject or revise content that we believe violates these Terms, is otherwise objectionable, or for any other reason, without prior notice.
3. Linking and Third Party Dealings.
3.1 Links to External Sites. We may provide hyperlinks to other web sites and Internet resources operated by parties other than Butterfly Footwear. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
3.2 Third-Party Dealings. Some portions of the Site may direct you to a web site of a third party. Your dealings or communications through the Site with any party other than us are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
4. Intellectual Property.
Except for Content that is in the public domain, all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Butterfly Footwear, its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Terms. Except as otherwise expressly provided in these Terms, all rights in and to the Content are expressly reserved by Butterfly Footwear.
You agree to indemnify and hold harmless Butterfly Footwear and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your access and/or use of the Site, (b) any breach of any of these Terms by you or any user of your account, and/or (c) any allegation which, if true, would constitute a breach of any of these Terms by you or any user of your account.
6. Typographical Errors and Cancellation of Orders.
In the event a Butterfly Footwear product is mistakenly listed at an incorrect price, or with incorrect information, Butterfly Footwear will have the right to refuse or cancel any orders placed for the product listed at the incorrect price. In addition, Butterfly Footwear reserves the right any time after receipt of your order to refuse or cancel your order for any reason, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Butterfly Footwear will issue a credit to your credit card account in the amount of the charge.
7. No Warranties.
The Site is provided on an “AS IS”, “AS AVAILABLE” basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). We and our suppliers do not represent or warrant that the information on this Site is accurate, complete, or current. We are not responsible for typographical or other errors, inaccuracies or omissions. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time. In addition, we make no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you. The Site is controlled, operated and administered by us from our offices within the United States.
8. Limitation of Liability.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL BUTTERFLY FOOTWEAR, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF BUTTERFLY FOOTWEAR, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, BUTTERFLY FOOTWEAR’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS AND/OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (A) $50.00, OR (B) THE AMOUNT YOU PAID TO BUTTERFLY FOOTWEAR THROUGH USE OF THE SITE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
9. Additional Terms and Modifications to Terms.
10. Modifications to the Site.
For further clarity, (a) we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability, and (b) we reserve the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, suppliers and/or other services.
11. Governing Law and Jurisdiction.
At present, the Site is hosted on servers located in the United States and is intended to be viewed primarily by residents of the United States. We reserve the right to host the Site on servers located in countries other than the United States. These Terms are governed by the laws of the State of Florida, USA, except for its conflict of laws provisions. In the event you desire to initiate any suit against Butterfly Footwear arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Terms, you agree to bring such suit in the federal courts sitting in New York, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in Florida, USA. You further agree that we may initiate a suit against you arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Terms in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.