FlipOutTM Sandals –Terms of Use

Last Updated: October 7, 2010

FlipOut Sandals appreciates your interest in our company and your visit to the website owned and operated by FlipOut Sandals including www.flipoutsandals.com ("Site"). These Terms of Use ("Terms") set forth the basic terms and conditions that govern your visit to and use of the Site. Please read them carefully, as your use of the Site constitutes your consent to be bound by these terms. If you do not agree to these Terms, please do not use the Site.

Modifications: We reserve the right to change, edit, delete, or revise these Terms at any time, and such changes will be effective immediately. We will notify you of any changes or modifications by posting the modified Terms of Use on the Site and indicating at the top of the Terms of Use the date on which it was last updated. Your use of the Site after a change has been posted constitutes your acceptance of and consent to the amended Terms of Use.

Privacy: FlipOut Sandals respects your privacy. For information on how FlipOut Sandals collects, uses, and discloses information from its users, please review our privacy policy, which is incorporated into these Terms by reference.

Site Contents and Copyright: The text, images, graphics, video files and their arrangement on the Site are all subject to copyright and other intellectual property protection. These objects may not be copied or distributed for any purpose, nor may these objects be modified or reposted to other sites. Access to and use of the Site is solely for your personal, non-commercial use. No right, title or interest in any of the contents of the Site is transferred to you as a result of any downloading, copying, printing or use of the Site.

Trademarks: All product and service marks, trademarks, slogans, and logos displayed on the Site are all trademarks of FlipOut Sandals. Its suppliers and partners, or respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FlipOut Sandals. or the applicable trademark holder. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property right concerning a name, logo or trademark.

Links to Other Websites: This site may include links to other sites on the World Wide Web, the Internet, or other sources of information. The use of third party websites is entirely at your own risk. By accessing these links, you acknowledge FlipOut Sandals shall not be responsible for any information or additional links found at such sites or location, or for your use of such information. FlipOut Sandals provides such links only as a convenience to you, and has not endorsed, tested or verified any information or programs found at such sites.

Hyperlinks: You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep linking, framing, toggling, or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.

Interactive Areas and User Contributions: Certain areas of the Site may include user reviews, discussions, forums, blogs, or other interactive areas or community features that may allow you and other users to submit product reviews, comments, questions, feedback, ideas, suggestions or other information via the Site. You are solely responsible for your use of Interactive Areas of the Site and for any contributions that you post, both of which are done at your own risk. FlipOut Sandals takes no responsibility and assumes no liability for any contributions posted, stored, or uploaded by you or any third party, or for any loss or damage to thereto. In addition, although FlipOut Sandals has no obligation to monitor or screen contributions posted in any Interactive Area, FlipOut Sandals reserves the right to edit or remove any contributions on the Site at any time and for any reason without notice.

By posting contributions, you grant FlipOut Sandals a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce and modify, adapt, translate, publish, and display such contributions in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign and commercialize. You also waive all moral rights in and to your contributions in favor of us, our successors, assigns and licenses. We are and shall be under no obligation to maintain any contributions in any confidence, to pay any compensation for any contributions, or to respond to any contributions.

Infringement Policy: FlipOut Sandals respects the intellectual property of others, and we expect all users of the Site to do the same. Allegedly infringing materials on the Site may be removed or suspended in accordance with these terms. Repeated infringement by a user of the Site may, in appropriate circumstances, result in a termination of that users access to and use of the Site.

Notification to FlipOut Sandals: If you believe that anything posted on the Site infringes any copyright that you own or control, please provide FlipOut Sandals Copyright Agent with the following written information required under the Digital Millennium Copyright Act (DMCA):

Name, address, telephone number, e-mail address, and physical or electronic signature of the copyright owner, or someone authorized to act on his/her behalf: A discretion of the copyrighted work or other intellectual property that you claim has been infringed upon: A description of where the material that you claim is infringed is located on the Site, with it enough detail that FlipOut Sandals may find it; A written statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement made by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright of intellectual property owner or authorized to act on the copyright or intellectual property owners’ behalf.

FlipOut Sandals copyright Agent for notice of claims of copyright infringement on this Site can be reached by e-mail or as follows:

Michael Chesal
Peretz Chesal Herman, PL
201 South Biscayne Blvd., Suite 1750
Miami, FL 33131
Email: MChesal@pch-iplaw.com
ph: 305-341-3000 

Indemnification: You agree to defend, indemnify and hold harmless FlipOut Sandals, its subsidiaries and affiliates, and each of their respective officers, directors, employees, independent contractors, service providers, consultants, members, agents, agencies, an advisors (individually and together, the "Indemnified Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or related to any concern you post, store or otherwise transmit on or through the Site (including, without limitation, any contributions) or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to any contributions, your conduct, your violation of these Terms of any other FlipOut Sandals terms, policies, or agreements available on or through the Site, or your violation of the rights of any third party.

Disclaimer: Except as otherwise expressly provided herein, the Site, all contents of the site and all services offered in connection with the Site are provided on an "as is" basis, and, to the fullest extent permitted by applicable law, FlipOut Sandals disclaims all representations and warranties of any kind in connection therewith, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, FlipOut Sandals does not warrant that your use of the Site, or the operation or function of the Site, any component thereof, of any services offered in connection therewith, will be uninterrupted or error free; that defects therewith will be corrected; or that the Site or it’s server are free of viruses or other harmful events. Although FlipOut Sandals endeavors to provide current, accurate and reliable information on the site, it does not warrant or make any representations regarding the accuracy, reliability or any use of information on the site.

Limitation on Liability: By using the Site, you acknowledge: (1) That your use of the Site is at your sole risk; (2) That you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the site; and (3) That FlipOut Sandals shall not be liable for any damages of any kind related to your use of or inability to use the Site, including without limitation, direct, indirect, incidental, special, compensatory or consequential damages, lost profits and/or loss of or damage to property whether the alleged liability is based on contract, tort, negligence strict liability or any other basis, even if FlipOut Sandals has been advised of that possibility of such damages.

FLIPOUT SANDALS DOES NOT MAKE ANY WARRANTIES, GUARANTEES
OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATI ON AN IMPLIED WARRANTY OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED BY CUSTOMER, WITH RESPECT TO ANY PRODUCT.
FlipOut
Sandals shall not be responsible to its customers or to any subsequent user or users for
any damage, loss or claim, whether direct, indirect or consequential, whether for injury to
property or person, in any matter whatsoever and each customer hereby waives any and
all such claims on its behalf and on the behalf of any person or party to whom it transfers
a FlipOut Sandals product.

FlipOut Sandals reserves the right to alter or remove the content of the Site or suspend or terminate your use in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.

Choice of Law and Forum: The Site is controlled and operated by FlipOut Sandals from its offices in Miami, Florida and these Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to its conflicting law of principles. Any dispute arising out of or relating to these Terms or your use of the Site may be brought only in a federal or state court in Miami, Florida, having jurisdiction of the subject matter, and you irrevocably consent that such court shall have personal jurisdiction over you and waive any objection that the court is an inconvenient forum.

Severability: If any provision of these Terms if found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms, which shall remain unaffected.

Complete Agreement: These Terms constitute the entire agreement between you and FlipOut Sandals relating to the Site and your use of the Site, and supersede any prior agreements or understandings not incorporated herein.

Termination: Notwithstanding any in these Terms of on the Site, FlipOut Sandals reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by FlipOut Sandals.

Contact Us: Questions or comments about the Site may be directed to us by (i) e-mailing Customer Service at info@flipoutsandals.com, (ii) calling us at 1-877-660-FLIP (3547), or (iii) writing us at the following address with your message:

FlipOut Sandals Customer Service
725 NE 125th Street
North Miami, FL 33161

Please be sure to include in any e-mail, or postal mail your full name, e-mail address, postal address, and any message.

© 2010 FlipOut Sandals

 

1-877-660-FLIP (3547)