Feetshod - User Agreement

User Agreement

Welcome to the conditions and terms of use (the Agreement or User Agreement) for Feetshod.com (the Site) which is a website owned by Hannah Communications Company (Hannah Communications Company, Feetshod.com, We, or Us). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our services or our Site.

a) Publisher shall mean a person or entity that has made available files for use and/or license on Feetshod.com through a mutual agreement with Hannah Communications Company.

b) User and You shall mean a person that views and/or accesses Hannah Communications Companys Sites.

c) Preview shall mean to listen and/or view files that have been made available by the publisher free of charge.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use our Site or become a member of Feetshod.com. We strongly recommend that, as you read this User Agreement, you also access and read the information referred to in this document, as it may contain further terms and conditions that apply to you as a Feetshod.com user.

Feetshod.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the services following Feetshod.com posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the services or this Site.

Additional terms and conditions may apply to the purchase of services via the Site. Such terms and conditions, if any, are posted on the Site, and are incorporated by reference herein. As with all terms and conditions posted and incorporated into this User Agreement, your use of the Site indicates your acceptance of all additional terms, including, but not limited to, age restrictions for use of certain features of the Site. If you are under 18, you may use Feetshod.com, and make purchases from Publishers, only with the involvement and authorization of your parent or guardian.

Our site is a venue for Users to interact with Publishers, and for Publishers to license and for Users to purchase a license to artistic content, including music, poetry, and art. Publishers have the ability to upload and promote their content on Feetshod.com and sell licenses to such content to Users. Publishers are responsible for setting the price for their license and processing all payments made by Users.

Browsing through our Site and Previewing files is free. You may purchase a license to download content and media from the Site. Any purchases made through the Site are processed by the individual Publisher and not Hannah Communications Company, Feetshod, or any of its subdivisions. Users agree to direct all questions or issues concerning purchases to the Publisher from whom they purchased. All Publishers downloads are copyrighted. All rights reserved. You are purchasing a license to play the media. You are not being given the right to distribute the download for sell or for free.

Publishers that wish to upload their content to Feetshod.com must first register and pay the required fees that may be in effect from time to time as displayed on http://www.feetshod.com/member.htm and/or http://www.feetshod.com/memberprices.htm. Publishers that wish to offer their content for sale to Users must register with Feetshod.com and establish a PayPal account for processing of payments and establish a link to such account from their area on Feetshod.com. Publishers must also agree to the terms of this Agreement and abide by the specifications and restrictions provided by Hannah Communications Company, as they may be amended from time to time, located at www.Feetshod.com/docs/memberagreement.htm. Publisher acknowledges and agrees that Publisher will process all financial transactions on the Site using Publisher's PayPal account. When a User completes a purchase from Publisher, the User must click the "return to merchant" link to be redirected to the Publisher content download link. The "return to merchant" link will be provided whenever the payment has been initiated and possibly before an echeck, if such is used, has cleared, for which we are not responsible. If the User does not click the "return to merchant" link or the redirect link, the User will not be provided the page that contains the download. Publisher may then be required to provide such link or links separately.

Your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third partys copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain sexual content or child pornography; (g) promote terrorism, espionage, sabotage, or otherwise promote any organization that threatens or harms any people, nation, country, or earth; (h) promote cults or cult centered content; (i) promote or sell , distribute, disseminate or link to any sites for marketing, sales or distribution of: adult materials, firearms, explosives, ammunition, weapons of any kind, gambling, liquor/alcohol of any kind, tobacco of any kind, foods or drugs of any kind; (j) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with our Site; and (k) appear, within our sole and independent discretion, to create liability for us or possibly cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not consummate any transaction that was initiated using our Site that could cause us to violate any applicable law, statute, ordinance or regulation.

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers, including without limitation, deep linking into our site; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of Feetshod.com and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.

There may be links established between this Site and other sites on the World Wide Web and Internet, including those by and to Publishers, advertisers and sponsors, which are not under the control of, or maintained by, Hannah Communications Company. Such links do not necessarily constitute an endorsement by Hannah Communications Company of those sites. Hannah Communications Company undertakes no obligation to monitor such sites, and you agree that Hannah Communications Company is not responsible for the content of such sites or any technical or other problems associated with any such third-part Sites, Links or usage.

Without limiting other remedies, we may limit your activity, immediately remove your content, postings and all other material for which we believe, in our sole discretion, you are the source, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. We can also terminate this Agreement at any time, with or without cause.

You may not upload, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We take claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act ("DMCA"), Hannah Communications Company has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:

7 A description of the infringing material and information reasonably sufficient to permit Raise Capital to locate the material;

7 Your contact information, including your mailing address, telephone number, and email address;

7 A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

7 A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and

7 A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

We only use your information as described in our Privacy Policy [insert link to privacy policy here]. Hannah Communications Company may change the Privacy Policy in the future and it will be binding upon you. You should check the Privacy Policy frequently for changes.

WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR SITE AND PRODUCTS AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE PRODUCTS OFFERED WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY PROVIDERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT PROVIDERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF FEETSHOD.COM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HANNAH COMMUNICATIONS COMPANY DISCLAIMS ANY AND ALL SUCH WARRANTIES.

BECAUSE HANNAH COMMUNICATIONS COMPANY IS, IN PART, A VENUE FOR TRANSACTIONS BETWEEN BUYERS AND PUBLISHERS/SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS OR BETWEEN A BUYER AND A PUBLISHER/SELLER, EACH OF YOU RELEASE HANNAH COMMUNICATIONS COMPANY, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE ' 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY HANNAH COMMUNICATIONS COMPANY.

IN NO EVENT SHALL HANNAH COMMUNICATIONS COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF HANNAH COMMUNICATIONS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION CLAIMS OF NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Hannah Communications Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Hannah Communications Company. You further agree to indemnify and hold harmless Hannah Communications Company from any claim arising from a third party's use of information or materials of any kind that you upload to or offer through the Site.

You agree that you will provide Hannah Communications Company with thirty (30) days notice of a claim asserted against us. We will then elect within thirty 30 days of receipt of such notice, and also again at our option within ten (10) days of service on us of any legal process initiating an arbitration or litigation, whether to arbitrate the controversy or claim arising out of or relating to this Agreement and/or your use of the Site. Any such arbitration will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Each such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Baltimore, Maryland, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Feetshod.com may elect the remedy of resolving the dispute outside of binding arbitration by declining to initiate or participate in such arbitration. If such an election of remedy is made, either expressly or by failure to elect to proceed with arbitration, and under every other circumstance in which legal action is initiated, the sole and exclusive jurisdiction and venue for a legal action shall be in the state or federal courts located in Baltimore, Maryland, USA.

Feetshod.com grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the services (other than the transactions contemplated in accordance with this Agreement), making any derivative work of the Site or the services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. You also agree that you will not communicate to any other member for any purpose other than for the intended purpose of our site, which is to allow Users to access content by Publishers on the Site.

This is the entire Agreement. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed exclusively in accordance with, the laws of the State of Maryland, USA, without regard to that states conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Hannah Communications Company in accordance with applicable law and the remainder of the Agreement shall remain in force. All notices and other communications provided for herein shall be in writing and delivered to each party at the address set forth in this document, or as updated from time to time by the parties in writing. The parties to this Agreement are independent entities and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from this Agreement, and no party has the right or authority to act for, or on behalf of, the other party. Headings are for the convenience of reference only and do not alter the rights and obligations of the parties. No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties. The provisions of this Agreement are not for the benefit of any third party. Provisions of this Agreement that are intended to survive this Agreement shall survive.

Except as explicitly stated otherwise, all notices to Feetshod.com shall be given by overnight and postal mail to Hannah Communications Company, Attn: Legal Department, P.O. Box 43097, Baltimore, MD 21236 (in the case of Feetshod.com) or to the email address you provide to Feetshod.com during the registration process if you have registered with us and provided an email address (in your case). Notice shall be deemed given 24 hours after email is sent to the member based upon the email address contained in your registration records, whether or not the email address is valid.