The following sets forth the agreement (this “Agreement”) between you and envy inc (with its affiliates, “Shoeenvy”, “envy”, “we” or “us”) under which you may use shoeenvy’s website located at www.shoeenvy.me (the “Website”) and all linked pages owned and operated by shoeenvy, including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, and services thereon, and shoeenvy’s mobile application (the “Mobile Application”), and all other elements of the Shoeenvy service and other materials that are provided by or in connection with the shoeenvy service (collectively, the “Shoeenvy Service”). YOU ACKNOWLEDGE THAT, PRIOR TO DOWNLOADING THE MOBILE APPLICATION OR USING THE FANIGNITE SERVICE, YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, WITHOUT MODIFICATION. BY USING THE SHOEENVY SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SHOEENVY SERVICE.
You can review the most current version of this Agreement by visiting myshoeenvy.me/terms. The most current version will supersede all previous versions. It is your obligation periodically to check the Shoeenvy Service for the most current version of this Agreement. Shoeenvy reserves the right to update this Agreement without notice to you. By continuing to use the Shoeenvy Service after changes are made, you agree to be bound by such changes.
By using the Shoeenvy Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. You must be at least 18 years old to download and/or use the Shoeenvy Service, or, if you are not at least 18, you must be at least 13 years old and may download and/or use the Shoeenvy Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, you may not download or use the Shoeenvy Service. You may not access or use the Shoeenvy Service if we have previously banned you from the Shoeenvy Service or closed your account.
3. What We Do
Shoeenvy provides an on-line and mobile platform for stylists and their clients to connect and interact with each other. Shoeenvy also provide an online marketplace where you may purchase products and services from participating third party merchants (“Merchants”).
The Shoeenvy Service is for general research, informational and entertainment purposes only. Further, the Merchant, not Shoeenvy, is the seller of any third party products and services purchased through the Shoeenvy Service, and is solely responsible for providing any such products or services you purchase. As a part of the Shoeenvy Service, we may publish videos, pictures, reviews, comments, articles, advice or other content submitted by our users. Merchants or other advertisers. The information represents the opinions and perspectives of the submitting users, Merchants and advertisers, not of Shoeenvy. Our publication of content is not our endorsement of any user, Merchant or advertiser submission or any opinion, recommendation or advice provided by such user, Merchant or advertiser. You should assume we have not independently verified the truth, accuracy, ownership, or integrity of any content submitted by our users, Merchants or advertisers.
4. Use of the Mobile Application Generally
Provided that you otherwise fully comply with the terms and conditions of this Agreement, and upon your payment of the applicable fees (if any), we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Mobile Application on one mobile device solely as set forth herein.
5. Use of the Shoeenvy Service Generally
We grant you permission to use the Shoeenvy Service, including without limitation the Mobile Application, subject to the restrictions in this Agreement. Your use of the Shoeenvy Service is at your own risk, including the risk that you might be exposed to Content (as defined below) that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate. The Shoeenvy Service and some reference sites contain Content of Shoeenvy. Such Content is protected by copyright, trademark, trade secret and other laws, and Shoeenvy owns and/or licenses such Content. Shoeenvy hereby grants you a limited, revocable, non-sublicensable license to reproduce and display Shoeenvy’s Content solely for your personal use in using the Shoeenvy Service. You may not modify, translate, publish, broadcast, transmit, distribute, perform display or sell any Content appearing on the Shoeenvy Service, except as expressly authorized by Shoeenvy. As used within this Agreement, “Content” shall include, but is not limited to, text, images, files, photos, video, audio, comments, reviews, works of authorship or any other forms of data or communication. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access Shoeenvy or collect information from it. The Shoeenvy Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Except as expressly authorized herein, you agree to the following restrictions:
- (a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Shoeenvy Service except as expressly provided in this Agreement.
- (b) You may not distribute, sell, resell, sublicense, rent, lease, share, or lend any portion of the Shoeenvy Service.
- (c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of any portion of the Shoeenvy Service.
- (d) You agree that you shall only use the Shoeenvy Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Shoeenvy Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
- (e) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Shoeenvy Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Shoeenvy Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Shoeenvy Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Shoeenvy Service.
- (f) You agree not to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Shoeenvy Service or Content (other than your Posted Content), except as expressly authorized by Shoeenvy.
- (g) You agree not to use any robot, spider, internet search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Shoeenvy Service or any Content without our express permission.
- (h) You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Shoeenvy’s technology infrastructure or otherwise make excessive traffic demands of the Shoeenvy Service.
In connection with your use of the Shoeenvy Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
8. Electronic Communications
By using the Shoeenvy Service, you consent to receiving electronic communications and notices from Shoeenvy or others at your registered email address. For example, you might receive communications or friend requests from other users or from advertisers. You may also receive a periodic e-mail newsletter about the stylist community, the beauty product space or the Shoeenvy Service. You can opt-out of non-essential communications on your profile page.
You agree that any notice, agreement, disclosure or other communications that we send to you electronically at your registered email address will satisfy any applicable legal communication requirements, including that such communications be in writing. It is your responsibility to register and maintain a working email address with Shoeenvy, and Shoeenvy shall not be required to contact you in any other manner if you have not submitted to us a valid, working email address.
9. Information Received
The Shoeenvy Service may store and provide to Shoeenvy data about your interaction with the Shoeenvy Service, including without limitation, data related to the content accessed while using the Shoeenvy Service.
10. Automatic Updates
Shoeenvy may automatically provide your Mobile Application with updates/upgrades in order to keep your Mobile Application up-to-date.
11. Intellectual Property
You have no right to exploit Shoeenvy’s intellectual property except as specifically set forth in this Agreement. Shoeenvy retains ownership of all intellectual property rights (including, without limitation, copyrights, patents, know-how, trade secrets and any trademarks or service marks) in and relating to the Shoeenvy Service (collectively the “Shoeenvy IP”). You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Shoeenvy IP or any portion thereof, or use such Shoeenvy IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not, nor authorize, encourage or assist others to, attempt to decompile, disassemble, reverse engineer, modify or create derivative works based on the Shoeenvy IP. You shall not compile summaries or lists of, or reproduce, Content on the Shoeenvy Service without explicit written approval from Shoeenvy.
12. Content Posted By You
You are solely responsible for any Content and other material that you submit, publish or display on the Shoeenvy Service or transmit to other members and/or other service users (hereinafter, “Posted Content”). You acknowledge that once Posted Content is published, you may not be able to remove it.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Posted Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Content that falsely expresses or implies that such Posted Content is sponsored or endorsed by Shoeenvy.
You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
You understand and agree that Shoeenvy may review and delete any Posted Content at any time, including if in the sole judgment of Shoeenvy such Posted Content violates this Agreement, might be offensive, illegal or might violate the rights of, harm, or threaten the safety of other users of the Shoeenvy Service and/or users of other websites.
You are solely responsible for your notes and comments posted on the Shoeenvy Service. Shoeenvy reserves the right, but has no obligation, to monitor disputes between you and any person or entity on which you have commented.
You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information. All Posted Content must reflect the your true, accurate and honest opinions and beliefs. If you provide a review, you may not be affiliated with a company that sells, distributes, or is otherwise affiliated with the product or service featured in any review you provide, nor may you be affiliated with any product or service that competes with the product or service featured in any review you provide. Other than by Shoeenvy, you cannot be compensated for submitting Posted Content.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Shoeenvy Service. Shoeenvy reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Shoeenvy Service and terminating the membership of such violators or blocking your use of the Shoeenvy Service. You may not post content that:
- is false or intentionally misleading;
- is patently offensive to users of the Shoeenvy Service, such as Content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or “spamming”;
- violates the intellectual property or other rights of any person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; or
- seeks or recommends providers of material that exploits people in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
If you believe content on the Shoeenvy Service infringes your copyright or other intellectual property rights, or is defamatory, you can contact our agent for service of notice at Shoeenvy, Inc., 553 San Rafael Ave., Unit D, Belvedere, CA 94920, or by sending us an email at firstname.lastname@example.org. Please make sure your notice meets the Digital Millennium Copyright Act requirements.
13. Your Likeness May be Used by Other Users
Other users of the Shoeenvy Service may submit Posted Content that includes your likeness. When such user has identified to us that the Posted Content includes your likeness, we will contact you and ask you to confirm that you consent to the posting of such Posted Content by the other user. If you agree to our use of such Posted Content, you will be granting to Shoeenvy the rights listed below regarding such Posted Content. Once you have granted Shoeenvy permission to use such Posted Content, the grant is irrevocable unless Shoeenvy, in its sole discretion, determines otherwise. Shoeenvy is under no obligation to remove any Posted Content including your likeness once you have approved the use of such Posted Content.
14. Your License to Shoeenvy
By posting Posted Content on the Shoeenvy Service, or by approving Posted Content regarding you that is posted by other users, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Shoeenvy, its licensees, users of Other Media (as defined below), and the users of the Shoeenvy Service, an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute, modify and translate such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content throughout the world in any media and through any channel Shoeenvy desires, including the Shoeenvy Service and any Other Media. Further, you irrevocably waive, and cause to be waived, against such parties any claims and assertions of moral rights or attribution with respect to such Posted Content. This license is non-exclusive, except you agree that Shoeenvy shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Shoeenvy users for purposes of constructing or populating a searchable database of products, companies, images, videos, comments, links, notes, reviews and recommendations.
15. Online Marketplace
Shoeenvy also provide an online marketplace where you may purchase products and services from participating Merchants. IN NO EVENT MAY YOU PURCHASE SERVICES AND PRODUCTS FROM OUR ONLINE MARKETPLACE UNLESS YOU ARE AT LEAST 18 YEARS OF AGE. BY PURCHASING FROM THE ONLINE MARKETPLACE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
The Merchant, not Shoeenvy, is the seller of any third party products and services purchased through the Shoeenvy Service, and is solely responsible for providing any such products or services you purchase. By placing an order for with a Merchant, you make an offer to purchase the products or services you have selected on the terms, restrictions and conditions presented by the Merchant and as provided herein. Shoeenvy will have no liability for any injuries, illnesses, damages, claims, liabilities and costs suffered by you or any other third party in connection with or related to a product or service provided by a Merchant, and you may only look to such Merchant for any such liability. You waive and release Shoeenvy and its users, affiliates, licensors, agents, Merchants (other than the Merchant from which the applicable product or service was purchased) and suppliers from any claim, liabilities, damages, or injury arising from or related to any act or omission of a Merchant in connection with any products or services purchased through the Shoeenvy Service. All sales are final and Shoeenvy does not offer any refunds for any products or services purchased from a Merchant, except as required by applicable law. In the event a Merchant refuses to honor your purchase of any product or service, please contact Shoeenvy and explain your situation in writing; Shoeenvy will review your claim and, at its own discretion, take reasonable action to assist you with your communication with the Merchant, or refund the purchase amount in credit for future purchases products or services through the Shoeenvy Service or cash, at Shoeenvy’s discretion.
Merchants are required to publish information on products accurately, update the information regularly and correct errors when discovered. However, any of the Content in the marketplace may be incorrect or out of date at any given time and Shoeenvy takes no liability for ensuring such Content is accurate. Shoeenvy reserves the right to revoke any sale and refuse, reject or cancel any order at any time. If your credit card has already been charged for an order that is canceled, Shoeenvy will issue a credit to the same credit card for the amount of the canceled charge. All sales in the marketplace are subject to the shipping terms and return policies provided by a Merchant in connection with the sale.
16. Advertising/Third Party Offers
In connection with your use of the Shoeenvy Service, we may display certain third party advertising based on your current location or your use of the Shoeenvy Service. Additionally, the Shoeenvy Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with Shoeenvy. Shoeenvy is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party.
You may voluntarily elect to send us any ideas, suggestions, documents or proposals (“Feedback”) related to the Shoeenvy Service or otherwise. By sending us Feedback, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
18. Liability; Disclaimers; No Warranties
THE FANIGNITE SERVICE, INCLUDING THE MOBILE APPLICATION AND ALL CONTENT, IS PROVIDED ON AN “AS IS” BASIS. FANIGNITE, AND ITS USERS, AFFILIATES, LICENSORS, AGENTS, MERCHANTS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE FANIGNITE SERVICE, INCLUDING THE MOBILE APPLICATION. FANIGNITE DOES NOT WARRANT OR GUARANTEE THAT THE FANIGNITE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE THAT THE MERCHANT, NOT FANIGNITE, IS THE SELLER OF ANY PRODUCTS AND SERVICES PURCHASED THROUGH THE FANIGNITE SERVICE. ACCORDINGLY, FANIGNITE AND ITS USERS, AFFILIATES, LICENSORS, AGENTS, MERCHANTS (OTHER THAN THE SELLING MERCHANT) AND SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY PRODUCT OR SERVICE PURCHASED THROUGH THE FANIGNITE SERVICE. ANY WARRANTY MUST BE RECEIVED IN WRITING FROM THE MERCHANT SELLING THE PRODUCT OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU COMMENCE USING THE FANIGNITE SERVICE. THIS CONDITIONAL WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
THE FANIGNITE SERVICE AND THE CONTENT ARE PROVIDED FOR GENERAL RESEARCH, INFORMATIONAL, AND ENTERTAINMENT PURPOSES. YOU WILL USE YOUR OWN GOOD JUDGMENT WHEN EVALUATING ANY CONTENT OFFERED ON OR THROUGH THE FANIGNITE SERVICE AND YOU FULLY ACCEPT THE RISKS OF THE USE OF ANY SUCH CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR USERS, AFFILIATES, LICENSORS, AGENTS, MERCHANTS (OTHER THAN THE MERCHANT SELLING A SPECIFIC PRODUCT OR SERVICE) AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE FANIGNITE SERVICE, YOUR USE THEREOF, ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE FANIGNITE SERVICE, OR IN ANY WAY RELATED TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT IN NO EVENT SHALL FANIGNITE OR ITS USERS, AGENTS, AFFILIATES, LICENSORS, MERCHANTS (OTHER THAN THE MERCHANT SELLING A SPECIFIC PRODUCT OR SERVICE) OR SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABLITY FOR ANY DAMAGES, INJURIES OR LOSSES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU THROUGH THE FANIGNITE SERVICE OR ADVERTISED ON THE FANIGNITE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE FANIGNITE SERVICE. YOU WAIVE AND RELEASE SHOEENVY AND ITS USERS, AGENTS, AFFILIATES, LICENSORS, MERCHANTS (OTHER THAN THE MERCHANT SELLING A SPECIFIC PRODUCT OR SERVICE) AND SUPPLIERS FROM ANY CLAIM, LIABILITIES, DAMAGES, OR INJURY ARISING FROM OR RELATING TO ANY ACT OR OMISSION OF A MERCHANT OR ANY OTHER THIRD PARTY IN CONNECTION WITH ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU THROUGH THE SHOEENVY SERVICE OR ADVERTISED ON THE SHOEENVY SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SHOEENVY SERVICE.
YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD SHOEENVY LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF SHOEENVY.
WE FURTHER DISCLAIM ALL LIABILIITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SHOEENVY SERVICE. YOUR USE OF THE FANIGNITE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL OR CONTENT FROM THE FANIGNITE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. In such case, to the maximum extent permitted under applicable law, the entire liability of Shoeenvy and its users, affiliates, licensors, agents and suppliers for any damages whatsoever, whether arising under contract, tort or otherwise, arising under or related to this Agreement, the Shoeenvy Service or the use thereof, and any products or services purchased through or advertised on the Shoeenvy Service shall be limited to the greater of $50 or the refund of the purchase price paid for any product or service purchased through the Shoeenvy Service.
You acknowledge that the limitations in this section will apply even if the above stated remedy fails of its essential purpose.
19. Indemnification; Hold Harmless; Release
You agree to indemnify, hold harmless, defend and release Shoeenvy, its users, affiliates, agents, licensors, Merchants (other than a Merchant selling a product or service through the Shoeenvy Service if a claim relates to such product or service) and suppliers, and its and their respective officers, directors, stockholders, agents and affiliates, from any claims, losses, damages or liabilities, including attorney’s fees, arising out of (i) the use or misuse of the Shoeenvy Service or any products or services purchased through the Shoeenvy Service by you or any third party using your account, (ii) breach of any of this Agreement by you or any third party using your account, (iii) the violation of any applicable law or the rights of any other person or entity by you or any third party using your account arising out of related to the Shoeenvy Service, the use thereof or any products or services purchased through the Shoeenvy Service, (iv) the infringement of any intellectual property or other right of any person or entity by you or any third party using your account, (v) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any Posted Content from you or any third party using your account. You agree not to settle any such matter without the prior written consent of Shoeenvy; (vi) any claim arising out of or relating to the products and services provided by a Merchant, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages. Shoeenvy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims; or (vii) your dispute with, or any damage or injury caused by you or any third party using your account to, any other user of the Shoeenvy Service.
20. Shoeenvy Accounts
You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Shoeenvy of any unauthorized use of your password or account or any other breach of security related to the Shoeenvy Service. Shoeenvy is not and will not be liable for any loss or damage arising from your failure to comply with this section. Shoeenvy reserves the right to terminate your account at any time, for any reason.
21. Technical Support
Shoeenvy and its affiliates have no obligation to furnish you with technical support unless separately agreed in writing between you and Shoeenvy.
22. Governing Law; Attorney’s Fees
This Agreement will be deemed to have been made in the State of California, and the provisions and conditions of this Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles thereof. YOU AND FANIGNITE AGREE THAT THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS LOS ANGELES COUNTY, CALIFORNIA. YOU AND FANIGNITE CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney’s fees.
Shoeenvy makes no claims that the Mobile Application or any other portion of the Shoeenvy Service may be lawfully accessed, used or downloaded outside of the United States. Any such use of the Mobile Application and/or the Shoeenvy Service may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision.
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. There are no third party beneficiaries to this Agreement, except as expressly set forth herein or agreed to by Shoeenvy.
27. Right to Terminate
This Agreement shall commence on the date you first begin using the Shoeenvy Service and shall continue until the date you close your user account on the Shoeenvy Service and cease all use of the Shoeenvy Service. Shoeenvy reserves the right to terminate your use of the Shoeenvy Service at any time, in its sole discretion, and you should not place any reliance on your ability to continue to use the Shoeenvy Service. In case of any termination, you must cease all use of the Shoeenvy Service and Shoeenvy may immediately restrict your access to the Shoeenvy Service. The termination of this Agreement shall not in any way affect your right to use or receive any product or service you have previously purchased from a Merchant. All provisions hereof that are reasonably intended to survive beyond termination of this Agreement, including without limitation all provisions related to your license of Posted Content to Shoeenvy, representations and warranties, disputes, limitations on liability, and indemnification, and any claims for payments due to Shoeenvy, shall survive any expiration or termination of this Agreement.
The heading references herein are for convenience purposes only, do not constitute a part of Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
You acknowledge that Shoeenvy may update this Agreement from time to time, and you agree to be bound by any subsequent update to this Agreement. The most recent version of this Agreement can be found at FANIGNITE.com/about/terms-of-service. If you do not consent to the updated Agreement, you can uninstall and/or discontinue use of the Shoeenvy Service. Your continued use of the Shoeenvy Service will constitute acceptance of the updated Agreement.
30. Entire Agreement
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Shoeenvy as set forth above.
Shoeenvy is an unregistered trademark of Gallerie Shoeenvy, Inc and Fanignite, Inc.
Last updated: June 15th, 2015