Any use of this Site inconsistent with these Terms is deemed unauthorized access. We reserve the right to make changes to these Terms at any time, without notice to you, by posting changes on this Site. Check back from time to time to ensure you are aware of any updates or changes to these Terms.
Rack Room owns all rights, title and interest in this Site, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of this Site, and the compilation of the content, code, data and materials on this Site, including all intellectual property and proprietary rights. This Site is copyrighted as a collective work under United States and other copyright laws, and is the property of Rack Room. All trademarks, service marks, and trade names on this Site (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Rack Room or other owners that have granted Rack Room the right and license to use such Marks.
Personal and Non-Commercial Use Limitation
Your use of this Site is limited to personal and non-commercial use. You may display and download onto a single personal computer and print in portions of the material from this Site solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit this Site or any content, products or services obtained from this Site.
By posting or distributing any video, comment, message, data, information, text, music, sound, photos, graphics, or other content (“Content”) to the Site, you (a) grant to Rack Room and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the Content throughout the world; (b) grant Rack Room and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) the Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You grant us the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of these Terms .
Content submitted by users is deemed non-confidential and we are under no obligation to treat such Content as proprietary information. Without limiting the foregoing, we reserve the right to use the Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for Content or to attribute authorship of Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose to the publication, use, modification, deletion and exploitation of the Content by Rack Room 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 Content; and (d) you release Rack Room from any claims that you could otherwise assert against Rack Room by virtue of any moral rights.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
This Site may run promotions in which you or third parties may post video or audio content, and may also contain forums, blogs or bulletin boards in which you or third parties may post content, messages, materials or other items on the Site (“Interactive Areas”). If Rack Room provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Content 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;
b.Content that promotes illegal drug use, tobacco or firearms use;
c. Content 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;
d. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
e. Content 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;
f. Unsolicited advertising or links to other commercial sites;
g. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of someone else;
h. Viruses, corrupted data or other harmful, disruptive or destructive files;
i. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
j. Content that communicates messages inconsistent with the positive good will of Rack Room; or
k. Content that, in the sole judgment of Rack Room, is objectionable, or which may expose the Site or its users to any harm.
Rack Room takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Rack Room liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Rack Room is not liable for any statements, representations or Content provided by its users on this Site. Although Rack Room has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Rack Room reserves the right, and has sole discretion, to remove without notice any Content posted or stored on the Site.
Any use of the Site, including the Interactive Areas, in violation of these Terms may result in termination or suspension of your permission to use the Site.
Copyright Complaint Policy
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. (To contact us for any other reason, please use the Customer Service link on the Site.)
Please provide the following information in the following order (including Paragraph Numbers):
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this Site should be emailed or mailed, at your choice, to:
Attn: Timothy Nohr
Associate General Counsel
Rack Room Shoes, Inc.
Charlotte, North Carolina 28262
Phone Number: (704)-501-4674
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Updated July 8, 2009. © Rack Room Shoes, Inc. All rights reserved.