Terms And Conditions

IMPORTANT! PLEASE READ CAREFULLY.

The terms set forth below comprise a legal agreement between you and The Foot Society. (alternatively referred to as "Foot Society" "We," or "Us") and spell out the terms and conditions to which users of the Foot Society family of websites, (collectively, the “Sites”) are expected to adhere. The Sites include footsociety.com, footsociety.net and footsociety.org. It does not apply to other online or offline Foot Society sites, products or services. Please read these terms and conditions carefully before using any of the Sites, because by using or remaining on any Site, you (alternatively, referred to as you or "User") agree to be bound by the terms set forth herein, including, without limitation, our Privacy Policy below (together, the "Agreement"). We reserve the right to amend this Agreement at any time and will post the amended Agreement here.

Copyright Notice

Copyright © 2010 Foot Society. All rights reserved. No material on any Site may be reproduced or be distributed, publicly performed, proxy cached or otherwise used in any manner, except with the prior express permission of the Foot Society.

Miscellaneous Disclaimers

All materials, including, but not limited to, articles, photographs, images, illustrations, messages and other communications, audio clips and video clips, contained on any Site are intended for distribution exclusively to consenting adults in locations where such materials do not violate any community standards or any federal, state or local law or regulation of the United States, or any law of any other country. No persons under the age of eighteen (18) years (twenty-one (21) in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the contents of any Site or place any orders for any goods or services advertised at or on any Site.

FOOT SOCIETY TERMS OF SERVICE

FOOT SOCIETY SITE CONTENT
1.1. The contents of the Foot Society Internet service (the “Service"), including all Sites, are intended for the personal, noncommercial use of its users. All materials published on the Sites (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by the Foot Society or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.

1.2. The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or Service in whole or in part.

1.3. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content’s proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.

1.4. The Foot Society will only use the information provided by you in the manner described in our privacy policy.

1.5 The Foot Society provides video downloads that are governed by our refund policy.

ADDITIONAL TERMS FOR THE ADULT.COM VOD SITE
2.1. In addition to the provisions contained in these Terms of Service, the following terms apply specifically to the Foot Society Male Feet Store website (“Store"), located at http://www.footsociety.com/malefeet :

The videos available for download on the Store may be provided in formats compatible with certain third party devices such as Apple’s iPod®. However, the Foot Soceity does not support these devices in any way. They are manufactured, supported and distributed by third parties, and the Foot Society has no agreement with them. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or their devices. The Foot Society does not assume any liability or responsibility for these products or their availability. You should direct any concerns regarding any such device to the party that manufactures, supports or distributes the device.

ACCESS AND AVAILABILITY OF THIRD PARTY SERVICES AND LINKS
3.1. The Sites may contain links to other related World Wide Web Internet sites, resources and sponsors of the Foot Society. Selection of an ad banner or link will redirect you off of a Foot Society Site to a third party website. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of the Foot Society. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Foot Society does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party website.

REPRESENTATIONS AND WARRANTIES

4.1. You hereby indemnify, defend and hold the Foot Society and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. The Foot Society reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects the rights of the Foot Society without the Foot Society’s prior written approval.

4.2. The Foot Society neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity. THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY THE FOOT SOCIETY OR THIRD PARTIES THROUGH ANY OF THE SITES AND THE SERVICE ARE PROVIDED "AS IS." THE FOOT SOCIETY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITES OR THE SERVICE. THE FOOT SOCIETY DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITES OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.

4.3. You hereby acknowledge that the use of any Site and the Services available thereon is at your sole risk.

LIMITATION OF LIABILITY
5.1. NEITHER THE FOOT SOCIETY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY THE FOOT SOCIETY OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE FOOT SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.

5.2. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE FOOT SOCIETY’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

SYSTEM INTEGRITY
6.1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.

TERMINATION
7.1. The Foot Society may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.

7.2. The Foot Society, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Foot Society event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any Foot Society employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Foot Society employee or other individual.

MISCELLANEOUS
8.1. These Terms of Service have been made in and shall be construed and enforced in accordance with Delaware law without regard to any conflict of law provisions. The Foot Society makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in the state of Delaware.

9.1 These Terms of Service, the Privacy Policy and any other terms referenced in this Agreement constitute the entire agreement between you and the Foot Society with respect to your access and use of the Sites and Service and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and the Foot Society with respect to the Sites or Service. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The Foot Society may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of The Foot Society or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.

ACCEPTANCE
10.1 You hereby acknowledge that you have read and understand the foregoing Subscriber Agreement and agree to be bound by its terms and conditions.

Enjoy the Foot Society Sites!