Terms of Service/User Agreement
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Welcome!
We want inmyshoes.org to be an informative, educational,
and interactive website and in so doing we have adopted the following
Terms of Service/User Agreement, which apply to everyone accessing and using
inmyshoes.org.
Inmyshoes.org reserves the right to revise these Terms of Service/User
Agreement
without advance notice. We will always have a current version of these
Terms of Service/User Agreement posted on the site. We strongly encourage you to read
these Terms of Service/User Agreement carefully before accessing or using
Inmyshoes.org. Your use of or access to Inmyshoes.org constitutes an
agreement to abide by the Terms of Service/User Agreement then in effect.
Inmyshoes.org is owned and operated by In My Shoes, Inc. Whenever we
refer to "Inmyshoes.org" in these Terms of Service/User
Agreement, we are including In
My Shoes, Inc., its parent company, and its subsidiaries and other
affiliates.
Any questions regarding the specific terms of these Terms of
Service/User Agreement
should be directed to
info@inmyshoes.org
In order to provide access to information and to communicate with
others throughout the world, Inmyshoes.org users may use electronic networks for receiving and
sending information. Due to the complexities and openness of these
networks and the variety of information available, it is important that
users adhere to strict guidelines. The guidelines are provided here so
that users
are aware of their responsibilities. Inmyshoes.org may modify the rules
at any time by publishing the modified rule in the user agreement on
Inmyshoes.org.
I. Code of Ethics:
Users of the web site, Inmyshoes.org, agree to In My Shoes, Inc Terms
of Service/User Agreement which includes the Code of Ethics by the act of accessing this web site and/or
posting messages. Such users agree to keep their behavior lawful, in
good taste, and ethical. Users also agree to provide true, accurate, and
complete information on any and all registration forms, as well as in
publicly viewable messages, and not to post any content that infringes
upon a third party’s intellectual property rights, rights of privacy, or
is obscene, profane, libelous, harassing, untrue, defamatory,
“spamming,” or material that In My Shoes, Inc. at its discretion,
deems is harmful in any way.
Users of Inmyshoes.org participate at their own risk, and they are
solely responsible for the contents and consequences of their own
messages. Users also agree not to participate in any unreasonable
commercial use of the message boards, which includes, but is not limited
to, the reproduction, selling or reselling or exploitation in any manner
any portion of messages posted on the Inmyshoes.org message boards.
Message boards may not be used for overt advertising purposes, and such
postings may be removed without notice.
Inmyshoes.org takes no responsibility for the accuracy or the content
of messages and has no obligation to delete messages with which users
may disagree. At its own discretion, however, Inmyshoes.org reserves
the right for any reason to delete without notice messages that violate
this Terms of Use and Code of Ethics or are otherwise objectionable.
Users agree not to violate any of the following prohibitions:
1. accessing, uploading, downloading or distributing defamatory,
abusive,
obscene, profane, sexually oriented, threatening, harassing, racially
offensive,
illegally discriminatory, or other illegal materials;
2. transmitting materials which are defamatory, abusive, obscene,
profane,
sexually oriented, threatening, harassing, racially offensive, or
illegal;
3. violating any local, state or federal statue, rule, regulation, code,
ordinance, or
other authority;
4. vandalizing, damaging, or disabling the property of another person,
organization, or In My Shoes;
5. accessing another person’s materials, information, or files without
the direct
written permission of that person; and
6. violating copyright, or otherwise using another person’s intellectual
property
without his or her prior written approval or proper citation.
Users agree not to use the facilities and the capabilities of the system
to conduct any business or activity or solicit the performance of any
activity which is prohibited by law.
Because the on-line services, through connections through Internet,
provide access to other systems
around the world, users specifically understand that Inmyshoes.org does
not have control of the content of information residing on these other
systems. Users are advised that some systems may contain defamatory,
inaccurate, abusive, obscene, profane, sexually oriented, threatening,
racially
offensive, or illegal material.
Inmyshoes.org does not condone the use of such materials and do not
permit usage of such materials in its environment.
On-Line Conduct
Any action by users that is determined by Inmyshoes.org to constitute an
inappropriate use of the network or to improperly restrict or inhibit
other users from using and enjoying the network is strictly prohibited.
Users must, at all times, adhere to the "Code of Ethics."
Users specifically agree to not submit, publish, or display on the
system any defamatory, inaccurate, abusive, obscene, profane, sexually
oriented, threatening, racially offensive, or illegal material; nor
shall users encourage the use of controlled substances. Transmission of
materials, information or software in violation of any local, state, or
federal law is prohibited and is a breach of the user's privileges to
the on-line services.
Limited Use
The on-line services are to be used for informational purposes only.
Commercial uses are strictly
prohibited.
Copyrighted Material
Copyrighted materials must not be placed on any systems connected to
Inmyshoes.org without the copyright owner’s written permission or
license agreements.
Users specifically agree to repay Inmyshoes.org for any loss, cost,
damages, including reasonable attorney's fees, incurred by Inmyshoes.org
relating to, or arising out of, any breach of this section of the code
of ethics.
II. Hyperlinking:
The following organizations may link to
In My Shoes' web site, inmyshoes.org, without prior written In My Shoes,
approval:
Government agencies
Search engines
These organizations may link to Inmyshoes.org home page, to publications
or to other web site information so long as the link: (a) is not in any
way misleading; (b) does not falsely imply sponsorship, endorsement or
approval of the linking party and its products or services; and (c) fits
within the context of the linking party's site.
Inmyshoes.org may consider and approve in its sole discretion other
link requests from the following types of organizations:
*commonly-known consumer, educational, and/or
business information sources;
*www community sites;
*associations or other groups representing
charities, including charity giving sites, online directory distributors;
*internet portals;
*accounting, law and consulting firms whose
primary clients are parents, educators, and education
institutions; and
*educational institutions and trade associations.
If you are among the organizations listed and are interested in linking
to www.inmyshoes.org, you must notify In My Shoes by sending an e-mail
to info@inmyshoes.org . Please include your name, your organization name,
contact information (such as a phone number and/or e-mail address) as
well as the URL of your site, a list of any URLs from which you intend
to link to our web site, and a list of the URL(s) on our site to which
you would like to link. Allow 2-3 weeks for a response. Please also read
the following terms and conditions applying to use of our web site.
Approved organizations may hyperlink to www.inmyshoes.org as follows:
By use of the name "In My Shoes, Inc, A Community Educational
Organization"; or
By use of the uniform resource locator (web address) being linked to; or
By use of any other description of Inmyshoes.org's web site or material
being linked to that makes sense within the context and format of
content on the linking party's site.
No use of the In My Shoes' logo or other design trademark of the In My
Shoes will be allowed for linking absent a trademark license agreement
from the In My Shoes, Inc.
Framing:
Without prior approval and express written permission, you may not
create frames around In My Shoes' web pages or use other techniques that
alter in any way the visual presentation or appearance of our web site.
Content Liability:
Inmyshoes.org shall have no responsibility or liability for any content appearing
on your web site. You agree to indemnify and defend Inmyshoes.org against all
claims arising out of or based upon your web site. No link(s) may appear
on any page on your web site or within any context containing content or
materials that may be interpreted as libelous, obscene or criminal, or
which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.
Reservation of Rights:
INMYSHOES.ORG reserves the right at any time and in its sole discretion to
request that you remove all links or any particular link to
INMYSHOES.ORG's web
site from your site. You agree to immediately remove all links to
INMYSHOES.ORG's
web site upon such request. INMYSHOES.ORG also reserves the right to amend these
terms and conditions and its linking policy at any time. By continuing
to link to the INMYSHOES.ORG web site, you agree to be bound to and abide by
these linking terms and conditions.
What You Should Know About Links We Have On Our Web Site:
From time to time, we may decide
to link to web sites that we determine may be of interest to our
visitors. These web sites may offer educational, governmental or other
resources or may be owned or controlled by other third parties.
We are not responsible for the content of any linked site, any link(s)
contained in any linked site, or any changes or updates to the
information contained in such sites. INMYSHOES.ORG provides links to third party
sites only as a convenience and the inclusion of any such link on our
site does not imply INMYSHOES.ORG's endorsement of either the site, the
organization operating such site, or any products or services of that
organization. A visit to any site or page from our web site via any such
link is done entirely at your own risk.
We strongly recommend reading any Standard Terms and Conditions, Privacy
Policy, Disclaimers or other notifications that may be found on any such
third party web sites. Under no circumstances will INMYSHOES.ORG be held
responsible or liable, directly or indirectly, for any loss or damage
that is caused or alleged to have been caused in connection with the use
of, or reliance on, any content, goods or services available on any
other site.
Should you find any link on our web site or any linked web site
objectionable for any reason, you may send us a request to remove the
link from our web site by visiting our contact form. INMYSHOES.ORG will consider
all such requests but shall have no obligation to remove any links or
respond.
III. Interactive Services
The information, advice, ideas and opinions appearing on Inmyshoes.org
do not necessarily reflect the views of Inmyshoes.org. Inmyshoes.org
does not assume responsibility or accept liability for the content,
accuracy, truthfulness or reliability of information, advice, ideas, and
opinions appearing on Inmyshoes.org, or for any claims, damages or
losses resulting from the dissemination or use of any information,
advice, ideas and opinions appearing on Inmyshoes.org.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Terms of Service/User Agreement shall be part of this Agreement.
You understand and agree that the Terms of Service/User Agreement is provided "AS-IS"
and that Inmyshoes.org assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications,
personal web pages or personalization settings.
In order to use the Terms of Service/User Agreement, you must obtain access to the
World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or
other access device.
You specifically agree that Inmyshoes.org is not responsible for
unauthorized access to or alteration of your transmissions or data, any
material or data sent or received or not sent or received, or any
transactions entered into through the Terms of Service/User Agreement. You specifically
agree that Inmyshoes.org is not responsible or liable for any
threatening, defamatory, obscene, offensive or illegal content or
conduct of any other party or any infringement of another's rights,
including intellectual property rights. You specifically agree that
Inmyshoes.org is not responsible for any content sent using and/or
included in the Terms of Service/User Agreement by any third party. Although we are not
required to monitor or edit the interactive portions of Inmyshoes.org,
we reserve the right to do so and to delete any content provided by a
user. Inmyshoes.org is not responsible for any failure or delay in
removing inaccurate or harmful content.
Inmyshoes.org expects you to respect the rights and dignity of others.
Users agree to adhere to the "Code of Ethics." Accordingly, you may not:
*Harass, intimidate or threaten another user;
*Victimize, degrade or intimidate an individual or group on the basis of
race, ethnicity, gender, sexual orientation, religion, age or
disability;
*Interfere with another user's rights to privacy (including by harvesting
or collecting information about Inmyshoes.org users);
*Distribute junk or bulk e-mail, chain letter, surveys, contests,
lotteries, or any other form of unauthorized solicitation;
*Post to Inmyshoes.org any material that is defamatory, fraudulent,
tortuous, obscene or indecent;
*Post to Inmyshoes.org any trademarks, logs, trade secrets, or
copyrighted material that you aren't authorized to post;
*Post to Inmyshoes.org any virus, worm, Trojan Horse, or any other
computer code, file, or program that may or is intended to damage the operation of any hardware, software, or telecommunications equipment;
*Advertise or offer to sell or buy any goods or services for any
non-personal purpose without the approval of Inmyshoes.org;
*Impersonate any person or entity, including, but not limited to, a
Inmyshoes.org official, forum leader guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity; or
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any transmissions through the Terms of Service.
You grant Inmyshoes.org a nonexclusive, royalty-free, worldwide,
perpetual and irrevocable license to use, reproduce, display, adapt,
modify, distribute, promote, and publish any materials that you post to
Inmyshoes.org in any manner, place or media at Inmyshoes.org sole
discretion, and without any obligation to compensate you or anyone else.
Inmyshoes.org is an informative educational site and not intended for
minors under the age of 18 with the exception of parents.
Minors under the age of 18 are not permitted to
register for any Inmyshoes.org service.
IV. Other
Trademarks.
Inmyshoes.org and all marks, titles, logos, characters, and names that
we display on Inmyshoes.org are, to the extent applicable, trademarks
that are used with permission.
Copyrights.
All content on Inmyshoes.org is protected under copyright law (although
Inmyshoes.org makes no representations or warranties nor accepts any
liability for the content created, reproduced, published or posted by
end users in personal web pages). You may download one copy of the
content of Inmyshoes.org to any single computer for your personal,
non-commercial home use only, provided that you keep intact all
copyright and other proprietary notices. You may not otherwise license,
sell, modify, copy, publish, distribute or display any of the
Inmyshoes.org content.
In the event you have a claim of copyright infringement with respect to
material that is contained on Inmyshoes.org, please follow the procedures below:
Written notification must be submitted to the following Designated
Agent:
Service Provider(s): Inmyshoes.org/Notification of Claimed Infringement
Notification Should be Sent:
In My Shoes, Inc
P.O. Box 361298
Decatur, GA 30036-1298
Email Address of Designated Agent:
info@inmyshoes.org
To be effective, the Notification must include the following:
1)A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2)Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
3)Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit the service provider to locate the material;
4)Information reasonably sufficient to permit the service provider to
contact the Complaining Party, such as an address, telephone number, and
if available, an electronic mail address at which the complaining party
may be contacted;
5)A statement that the Complaining Party has a good faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
6)A statement that the information in the notification is accurate, and
under penalty of perjury, that the Complaining Party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
Upon receipt of the written Notification containing the information as
outlined in 1 through 6 above:
Service Provider shall remove or disable access to the material that is
alleged to be infringing;
Service Provider shall forward the written notification to such alleged
infringer ("Subscriber");
Service Provider shall take reasonable steps to promptly notify the
Subscriber that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication
provided to the Service Provider's Designated Agent that includes
substantially the following:
1)A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before
it was removed or access to it was disabled;
2)A statement under penalty of perjury that the Subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled;
and
3)The Subscriber's name, address, and telephone number.
Upon receipt of a Counter Notification containing the information as
outlined in 1 through 3 above:
Service Provider shall promptly provide the Complaining Party with a
copy of the Counter Notification; Service Provider shall inform the
Complaining Party that it will replace the removed material or cease
disabling access to it within ten (10) business days; Service Provider
shall replace the removed material or cease disabling access to the
material within ten (10) to fourteen (14) business days following
receipt of the Counter Notification, provided Service Provider's
Designated Agent has not received notice from the Complaining Party that
an action has been filed seeking a court order to restrain Subscriber
from engaging in infringing activity relating to the material on Service
Provider's network or system termination.
Inmyshoes.org may, in its sole discretion, terminate your right to
use Inmyshoes.org at any time, and without notice, for any reason,
including your violation of any of these Terms of Service/User Agreement or any other
policy that Inmyshoes.org posts. Inmyshoes.org also reserves
the right to modify or discontinue any services it provides, or any
portion thereof, without notice to you and without liability to you.
Inmyshoes.org may immediately terminate any account that it
believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk e-mail. In addition,
because damages are often difficult to quantify, if actual damages
cannot be reasonably calculated, you agree to pay Inmyshoes.org
liquidated damages of $5.00 for each piece of spam or unsolicited bulk
e-mail transmitted from or otherwise connected with your account.
Otherwise, you agree to pay Inmyshoes.org's actual damages, to the
extent such actual damages can be reasonably calculated.
International Use
By choosing to access Inmyshoes.org from any location other than
the United States, you accept full responsibility for compliance with
all local laws. You are also subject to United States export controls
and are responsible for any violations of United States embargoes or
other federal rules and regulations restricting exports.
Account Maintenance
You are responsible for maintaining the confidentiality of your account
information and passwords. If you become aware of any unauthorized use
of your account or account information, you should notify
Inmyshoes.org immediately.
Governing Law
These Terms of Service/User Agreement shall be governed by and
interpreted in accordance with the laws of Georgia and the United States
of America, without regard to their principles of conflicts of law. Any
action to enforce this Agreement shall be brought in the federal or
state courts located in Atlanta and/or Decatur, Georgia.
Enforcement
Any part of these Terms of Service/User Agreement that is found by a court of competent
jurisdiction to be invalid or unenforceable will be replaced with
language reflecting the original purpose in a valid and enforceable
manner. The enforceable sections of these Terms of Service/User
Argreement will remain
binding upon the parties.
Customer Agreement.
All materials contained in this site are the copyrighted property of
Inmyshoes.org. Inmyshoes.org and all titles, characters, names and
graphics are trademarks of Inmyshoes.org. To reproduce, republish,
upload, post, transmit, distribute or publicly display material from
this website, you will need written permission from Inmyshoes.org. Users
may view and download material from this site only for personal,
non-commercial home use.
Inmyshoes.org makes no representation that materials in the site are
appropriate or available for use outside of Decatur,Georgia. Those who
choose to access this site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to
the extent applicable. Users agree not to use the site for sale, trade
or other commercial purposes.
Users may not use language that is threatening, abusive, vulgar,
discourteous or criminal. Users also may not post or transmit
information or materials that would violate rights of any third party or
which contains a virus or other harmful component. Inmyshoes.org
reserves the right to remove or edit messages or material submitted by
users.
Inmyshoes.org is not responsible for material submitted to Inmyshoes.org
or posted in chat rooms or on bulletin boards by site users. By
communicating with Inmyshoes.org, however, users grant Inmyshoes.org
permission to use any information, suggestions, ideas, drawings or
concepts communicated for any purpose Inmyshoes.org chooses, commercial,
public or otherwise without compensation whatsoever.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, INMYSHOES.ORG DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INMYSHOES.ORG DOES
NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR
THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES.
Under no circumstances, including, but not limited to, negligence, will
Inmyshoes.org be liable for special or consequential damages that result
from the use or inability to use the materials in this site. In no event
shall Inmyshoes.org's liability to a user for any loss, damage or claim
exceed the amount paid by the user for accessing this site. Under no
circumstances shall Inmyshoes.org be liable for the injury, damage or
expense arising from any materials contained in any site linked to or
from this site.
This agreement is effective until terminated by either party. You may
terminate this agreement at any time by discontinuing your use of the
Inmyshoes.org site and destroying all materials obtained from it.
IMPORTANT
YOUR USE OF INMYSHOES.ORG, THE CONTENT ON INMYSHOES.ORG, AND ANY GOODS
OR SERVICES YOU ACQUIRE FROM INMYSHOES.ORG ARE PROVIDED TO YOU "AS IS"
WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
INMYSHOES.ORG DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INMYSHOES.ORG WILL
NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF INMYSHOES.ORG
HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION,
INMYSHOES.ORG WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM
THE USE OF OR THE INABILITY TO USE INMYSHOES.ORG OR INMYSHOES.ORG
SERVICES, FROM GOODS ACQUIRED THROUGH INMYSHOES.ORG, OR FROM ANY CONTENT
POSTED ON INMYSHOES.ORG BY INMYSHOES.ORG OR ANYONE ELSE.
INMYSHOES.ORG MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, OR
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Entire Agreement
This Terms of Services/User Agreement which includes the Welcome,
Code-of-Ethics, Hyperlinking, Interactive Services and Other sections constitutes the entire agreement between you and
Inmyshoes.org with respect to your use of Inmyshoes.org and supersedes
all prior or contemporaneous communications and proposals between you
and Inmyshoes.org.
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