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.
- Intellectual Property
- Personal and Non-Commercial Use
- User Content
- Use of Chat Functionality
- Copyright Complaint Policy
- Repeat Infringer Policy
- Creating an Account
- Availability of the Site
- Accuracy of Information
- Sweepstakes and Promotions
- Disclaimer of Warranty
- Limitation of Liability
- iOS Rack Room Mobile App
- Governing Law
- How to Contact Us
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. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Rack Room Shoes or the copyright owner is permitted. 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. You may not display or reproduce the Marks other than with the prior written consent of Rack Room Shoes, and you may not remove or otherwise modify any trademark notices from any content.
Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Site without the express written permission of Rack Room Shoes is prohibited. Any violation of this section may result in a copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Rack Room Shoes reserves the right to terminate its agreement with you if you infringe its or any other third party’s intellectual property rights.
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 Functionality and Other Interactive Areas
This Site may run promotions in which you or third parties may post video or audio 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. Anyone else’s personal information (such as someone else’s name, address, phone number, email address, Social Security number, credit card number or other personally identifiable information);
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 for any reason, including a violation of these Terms. 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 Contact Us.)
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
*NOTE* To contact us for any other reason other than claims of copyright infringement, please Contact Us.
It is our policy to respond expeditiously to clear notices of alleged copyright infringement that comply with the DMCA. If the Rack Room receives proper notification of claimed copyright infringement, Rack Room will remove or disable access to material claimed to be the subject of infringing activity In accordance with the DMCA. In addition, in accordance with the DMCA Rack Room will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
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.
Creating an Account on the Site
Availability of the Site
You agree that from time to time we may modify or remove the Site, including any features therein, for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. Rack Room Shoes reserves the right to terminate your Account and/or to prevent you from using or accessing the Site at any time and for any reason. Rack Room Shoes retains the right to determine the content, appearance, design, functionality and all other aspects of the Site. We shall not be liable to you or any third party should we exercise this right.
Accuracy, Completeness and Timeliness of Information
Sweepstakes, Contests, Surveys or Similar Promotions
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER RACK ROOM SHOES NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OFFERED THROUGH THE SITE OR (D) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. RACK ROOM SHOES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, and hold Rack Room Shoes harmless from and against any and all liability, claims, damages, costs and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Site or any breach of these Terms.
iOS Rack Room Shoes Mobile App
In addition to your agreement with these Terms, the following provisions apply with respect to your use of any version of the Mobile App compatible with the iOS operating system of Apple, Inc.
a. You and Rack Room Shoes acknowledge that these Terms are between you and Rack Room Shoes only, and not with Apple. Rack Room Shoes, not Apple, is solely responsible for the Site and the content therein.
b. The license you have been granted in these Terms is limited to a non-transferable license to use the Rack Room Shoes App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Mobile App, such as your wireless data service agreement.
c. You and Rack Room Shoes acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Site.
d. Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Rack Room Shoes’ sole responsibility.
e. You and Rack Room Shoes acknowledge that Rack Room Shoes, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
f. You and Rack Room Shoes acknowledge that, in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, Rack Room Shoes, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
h. Any questions, complaints or claims with respect to the Mobile App should be directed to us, using the “Contact Us” information below.
i. You and Rack Room Shoes acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
How to Contact Us
If you have any questions or comments, please contact us at firstname.lastname@example.org.
Updated April 8, 2019. © 2019 Rack Room Shoes, Inc. All rights reserved.