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Privacy
Policy
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Legal
Terms and Conditions of Use
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Last
updated February 2006.
PLEASE
READ CAREFULLY. BY USING THIS SITE, YOU SIGNIFY YOUR
ACCEPTANCE TO THESE TERMS OF USE. If you do not agree
with any of the below Terms of Use, do not use this
site.
INTRODUCTION
FunSneakers.com is owned and operated by
Kandis
Corp.,
and includes its parent, affiliates, subsidiaries,
shareholders, directors, officers, employees and agents.
Accordingly, this site is a Kandis Corp. ("we", "us", or
"our") web site (the "Site"). Your use of this Site is
governed at all times by the following Terms of Use, as they
may be amended from time to time (the "Agreement"). When you
visit the Site, you are bound by the version of this
Agreement that is in effect at the time of your
visit.
PRIVACY
Our Privacy
Policy
is a part of this Agreement and its terms are incorporated
by this reference. If you have not already done so, we
recommend that you read it now.
ACCURACY
AND COMPLETENESS OF INFORMATION
While we make all efforts to ensure that the information
contained in this Site is accurate and reliable, we make no
warranties or representations as to the acuracy,
correctness, reliability or otherwise with respect to such
information, and we assume no liability or responsibility
for any ommisions or errors in the content of this
Site.
LICENSE
TO USE THE SITE; RESTRICTIONS
We hereby grant you a non-exclusive, personal,
non-transferable, revocable license to use the Site in
accordance with this Agreement; we reserve the right to
suspend or revoke this license at our sole discrition
without notice. You may download and print Content,
including this Agreement, to your personal computing debice
solely for your own personal non-commercial use. "Content"
means any data accessible on the Site, including without
limitation, text, images, video, graphics, audio files,
software, and any combinatin thereof,. You may not otherwise
use, reproduce, alter or modify Content in any way, nor may
uou transmit, distribute or display Content to third
parties. User may not alter, modify or change the Licensed
Property in any way. We recommend that you download and
print this Agreement for your records.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you will not use the
Site for any purpose that is unlawful or prohibited by these
Terms of Use, or any applicable laws.
LINKS
TO THIRD-PARTY SITES
As a convenience to you, the Site may provide links to other
Internet web sites or banner advertisements that are not
under our control ("third-party web sites"). Any products on
such third-party web sites are promoted and sold by the
relevant third-party and not by us. If you click on a link
or banner ad for more information about a product offered by
one of these third-party web sites, a new browser window
will open and you will be transported to one of these
third-party web sites. Your visit to these third-party web
sites, and any purchases you make from such web sites, are
subject to the terms and conditions of such third-party web
sites, not the terms and conditions of this Site. Any links
on the Site to third-party web sites do not imply an
endorsement of such sites by us, and no such third-party web
site is authorized to make any representation or warranty on
our behalf.
DISCLAIMERS
& INDEMNIFICATION
This Site is provided on an "AS IS" basis. Kandis corp,
EXPRESSLY DISCLAIMS ALL WARRANTIES, including the WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Kandis corp. disclaims all responsibility
for any loss, injury, claim, liability or damage OF ANY KIND
resulting from, arising out of, or in any way related to a)
any errors in or ommissions from this Site and the Content,
b) any third-party web sites or content therein directly or
indirectly accessed through links in this Site, including
but not limited to any errors in or omissions therefrom, c)
the unavailability of the Site or any portion(s) thereof, d)
your use of this Site, or e) your use of any equipment or
software in connection with the Site.
To the
fullest extent permitted by law and regardless of the form
or cause of action or the alleged basis of the claim, you
agree that we will not be liable for any direct, incidental,
consequential, indirect, punitive, special, or other damages
whatsoever, including without limitation damages for loss of
profits, business interruption, or loss of information, and
the like, arising out of or relating to this Agreement, even
if we have been advised of the possibility of such damages
and even if the remedies otherwise provided under this
agreement, at law, or in equity, fail of their essential
purpose. You agree to defend, indemnify and hold Kandis
Corp. harmless from and against any and all claims, damages,
costs and expenses, including attorney's fees, arising from
and related to your use of the Site. In the event a court of
competent jurisdiction determines that we are liable for
Site-related damages of any kind, you agree that such
damages shall not exceed Two-Hundred Fifty Dollars
(US$250).
UNSOLICITED
SUBMISSIONS
You grant us a royalty-free, irrevocable, unrestricted,
non-exclusive worldwide license for all possible rights and
all possible media now known or later developed, to use,
modify, copy, sublicense or display any submissions that you
provide to us, including but not limited to feedback or
ideas regardiing the Site, Content, comments, suggestions,
ideas, concepts or other information (collectively,
"Submission") for any purpose, commercial or otherwise,
without compensation to you, subject to the terms of our
Privacy Policy. Except as expressly provided herein,
submissions shall not be subject to any obligation on our
part, including without limitation any obligatin of
confidentiality, and we shall not be liable for any use or
disclosure (including publication in any medium ) of any
Submissions.
TERMINATION
This Agreement is effective upon User's acceptance as set
forth herein and shall continue in full force until
terminated. All temporary usage licenses granted to User
expire on termination. User may terminate this Agreement for
any reason upon notice to Company. Company reserves the
right, at its sole discretion and without notice, at any
time and for any reason, to: a) remove or disable access to
all or any portion of the Service; b) suspend User's access
to or use of all or any portion of the Service; and c)
terminate this Agreement.
JURISDICTION
This agreement is governed by and shall be construed in
accordance with the laws of the State of New Mexico, the
principal place of business of Kandis corp. without giving
effect to any principles of conflicts of law. You agree to
bring any claims against Kandis Corp. exclusively in the
state or federal courts of New Mexico. If any provision of
these Terms of Use shall be found unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
sesverable from this agreement and shall not affect the
validity and enforceability of the remaining
provisions.
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