Soft Star Shoes Terms Of Use

Updated 8/6/2013

 

PRIVACY 

Please also visit our Privacy Policy section for information explaining the information we collect and how we use it. 

 

SITE TRANSACTIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed fraudulently or by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Soft Star Shoes shall issue you a refund.  We reserve the right to collect payment at the time of order as all shoes are made to order.  We will make every effort to make and ship the shoes within 10 business days, and will contact the customer if for some reason we would exceed this time.   If for any reason the order is later cancelled, Soft Star Shoes shall issue you a refund.

 

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. 

 

INTELLECTUAL PROPERTY

Soft Star Shoes, its suppliers, or the original creators of all materials on Soft Star Shoes’ website own all copyrightable subject matter on this website and all trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Soft Star Shoes and/or such other parties. No license to or right in any such copyrights, trademarks, patents, proprietary information, technologies, products, processes and other proprietary rights of Soft Star Shoes and/or other parties is granted to or conferred upon you. In addition, direct linking, deep linking, framing, page-jacking, meta tagging, and using a robot, spider, or automated device of any kind to monitor or copy Soft Star Shoes’ website is strictly prohibited.

Notwithstanding the foregoing, Soft Star Shoes hereby authorizes you only to copy the content herein solely for your personal and private use in learning about, evaluating, or acquiring Soft Star Shoes products. Except where expressly noted, no other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this website. Any unauthorized use of any material contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes. Any other use of materials on this website, including reproduction for purposes other than those expressly permitted herein, modification, distribution, or republication, without prior written permission of Soft Star Shoes is strictly prohibited. Any copy made by you as permitted herein must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. 

 

USER GENERATED CONTENT

1.  Generally

By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the "User Generated Content") to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Soft Star Shoes a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Soft Star Shoes and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant SOFT STAR Shoes the right to pursue at law any person or entity that violates your or Soft Star Shoes’ rights in the User Generated Content by a breach of these Conditions.

User Generated Content submitted by users is deemed non-confidential and Soft Star Shoes is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Soft Star Shoes reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Soft Star Shoes is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Soft Star Shoes or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Soft Star Shoes from any claims that you could otherwise assert against Soft Star Shoes by virtue of any moral rights.

2.  Use of Chat Rooms, Bulletin Boards and Other Interactive Areas

The Site may contain product reviews, forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the "Interactive Areas"). If Soft Star Shoes provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

  1. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

  2. Material that promotes illegal drug use, tobacco or firearms use;

  3. Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;

  4. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

  5. Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

  6. Unsolicited advertising or links to other commercial sites;

  7. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;

  8. Viruses, corrupted data or other harmful, disruptive or destructive files;

  9. Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;

  10. Material that communicates messages inconsistent with the positive good will of Soft Star Shoes; or

  11. Material that, in the sole judgment of Soft Star Shoes, is objectionable, or which may expose Soft Star Shoes or its users to any harm.

Soft Star Shoes takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Soft Star Shoes liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Soft Star Shoes is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Soft Star Shoes has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Soft Star Shoes reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site.

Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.

3.  Comments and Submissions

Anything that you submit or post to the Site and/or provide Soft Star Shoes, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, "Comments") is and will be treated as nonconfidential and nonproprietary, and Soft Star Shoes shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of Soft Star Shoes and shall not be returned to you. Soft Star Shoes is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Soft Star Shoes may use and/or disclose information consistent with our Privacy Policy. 

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Soft Star Shoes, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees), arising from or relating in any way to your use of the Site. 

 

CHOICE OF LAW

These Conditions shall be construed in accordance with the laws of the State of Oregon, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of Oregon, County of Benton and/or the Central District of Oregon. 

 

LINKS TO OTHER WEBSITES

This Site may contain links to outside services and resources. You acknowledge that (A) Soft Star Shoes is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) Soft Star Shoes is not responsible for any other form of transmission received from any linked site. Soft Star Shoes is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Soft Star Shoes of the site. Any concerns regarding any such link should be directed to the particular third party website. 

 

TERMINATION

These Conditions are effective unless and until terminated by either you or Soft Star Shoes. You may terminate these Conditions at any time. Soft Star Shoes also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Soft Star Shoes’ sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.

 

DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SOFT STAR SHOES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOFT STAR SHOES DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. SOFT STAR SHOES DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SOFT STAR SHOES RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL SOFT STAR SHOES OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF SOFT STAR SHOES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST SOFT STAR SHOES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF SOFT STAR SHOES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, SOFT STAR SHOES’ LIABILITY SHALL NOT EXCEED US$ 50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. 

 

MISCELLANEOUS

Unless otherwise specified and except to the extent Soft Star Shoes products are offered for sale in the United States and select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Soft Star Shoes products and services available in the United States and select foreign markets. This Site is controlled and operated by Soft Star Shoes from its offices in Oregon. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Soft Star Shoes to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

About Soft Star

25Anniversary Rafting Trip
 

Learn more about the elves, the company, and the shoes we make!

How We Make Them

Made in USA
 

Handmade to order with eco-friendly leathers, sheepskin and genuine Vibram™ soles.

Connect With Us

866-763-2525 (toll free)

elves@softstarshoes.com

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