We hope you enjoy using the Site. Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of the Site. We hope all of this is clear, but if you have any questions after reading this, please feel free to contact us at firstname.lastname@example.org. In addition to the lower case words “we” “us” and “our” defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized. We do this because these words have specific meanings in these terms and conditions. These specific meanings are found where the capitalized words are placed in bold text inside parentheses and quotation marks.
Agreement with our terms and conditions
By using this Site, you agree to accept these terms and conditions, so please be sure to read them carefully. If you do not agree with them, please do not use the Site. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check this page periodically for changes.
PLEASE BE ADVISED THAT TO THE EXTENT THAT MYFUNKYSOLE PROVIDES ANY CONTENT FROM THIRD PARTIES, SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND MYFUNKYSOLE CANNOT AND DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED.
MyFunkySole reserves the right to limit quantities on any order.
You can create a user account on the Site that allows you to access and use certain of its functions and features. You acknowledge and agree that the user identification chosen by you for access and utilization of the Site (“Username”), and the password selected by and used by you in conjunction with the respective Username are to be kept secure, secret and confidential (“Password”). We are authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized the Site.
We are committed to making the MyFunkySole shopping experience available to all our customers, including those with disabilities, and have designed this Site with accessibility in mind. You can help. If you notice any content, feature or functionality of the Site that you believe is not accessible to people with disabilities, please email us at email@example.com with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We cannot promise that we will make the changes you suggest, but we can assure you that we take your input seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
Restrictions on the use of the materials in our site
The Site and all of its content (subject to the section below entitled “Materials Submitted to Us”) are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Site is the exclusive property of MyFunkySole and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use.
Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners.
You agree not to copy, reproduce, or modify any portion of the Site. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which MyFunkySole owns or has the right to use.
Material can be downloaded onto one computer for personal, non-commercial use only, provided copyright, trademark, or other proprietary notices are not changed or deleted. Any modification of the materials on our Site or use of them for any other purpose will violate our intellectual property rights (and probably the intellectual property rights of some other parties).
Everything you download–the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, remains our property. That means that we retain full and complete title to the software and to all of the associated intellectual property rights. You cannot redistribute or sell the material–or reverse-engineer, disassemble, or otherwise convert it to any other form.
Materials submitted to us
We welcome any comments you may have regarding our stores, the Site, merchandise, and services. Except for content submitted by you through User Generated Content, which is discussed in more detail below, any comments you submit to us through the Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us.
Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright. MyFunkySole takes no responsibility and assumes no liability for any submissions you make.
- User Generated ContentWe may from time to time request your permission to use photos or other information posted on social media channels (“User Generated Content”, or “UGC” for short). The UGC is governed by these terms and conditions and also by this section. Please read this section carefully as some of its language is necessarily dense and legalistic. We will try to explain these portions in plain-English as best we can. UGC is accessible by the public. IT IS IMPORTANT TO REMEMBER THAT UGC AND OTHER MATERIALS SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. You have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential information.
- Content Ownership As between you and MyFunkySole, you are and will remain the owner of the UGC, and you represent, warrant and covenant to us that you own all right, title and interest, including copyright, in and to the UGC you submit or post to the Site and such UGC is truthful and accurate and shall not breach, infringe, contravene, detrimentally affect any other party’s rights whatsoever, including intellectual property rights and that no other party has any rights to it including so-called “moral rights.” In other words, you promise that no other company or person will claim that you stole or are inappropriately using the UGC.
- Our Right to Use the Content. Although, as we explain above, you retain ownership of the UGC, by submitting, posting or displaying UGC you are automatically granting, and hereby do grant to MyFunkySole, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, display, perform, publish, modify, adapt and translate) such UGC in all forms and media (the “License”). This means that our right to possess, use and display the Content anywhere and through any means will never expire, that we will never owe you any money for it and that we may allow others to use or possess the Content. We will do our best to make sure any company or person that we might give the UGC to follows the same rules and procedures we do.
- Right to Monitor and Editorial Control. You acknowledge and agree that MyFunkySole does not and cannot review all Content submitted or posted to the Site and that you and/or others who post Registry Content or UGC are responsible for such content. Notwithstanding the foregoing, MyFunkySole reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions, MyFunkySole’s policies or applicable law.
- Copyright Agent; Repeat Infringers.The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Bridal Features infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. MyFunkySole maintains a policy that provides for the termination in appropriate circumstances of Site use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims. Notices and counter-notices for the Site should be sent to:
- Content not Confidential You agree that any Registry Content or UGC you submit or post onto the Site shall not be treated as confidential and Bed Bath & Beyond shall have no obligation or duty to keep such Content confidential.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use our Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or MyFunkySole You alone are responsible for the content and consequences of any of your activities. You are solely responsible and liable for the UGC you submit or post, or that is submitted or posted under your Username and Password.
Disclaimer and limitation of liability
What follows applies only to your use of our Site and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing products liability or rights you have pursuant to our return policy at buybuybaby.com. If for any reason you are not satisfied with a purchase that you make from our Site, please return it. Instructions on how to do so will be included with your order. Please note that for the health and safety of our customers, certain items are not returnable due to the nature of such products, as set forth in our Return Policy. The following, though, is important information about your use of this Site.
THE SITE CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. MyFunkySole THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.
Unless otherwise specified, the materials in our Site are presented to provide information about MyFunkySole, its products offered for sale and to provide related services and information to visitors.
Texting terms and conditions
By providing your mobile number and clicking “I CONSENT”, you consent to receive mobile text alerts regarding exclusive offers and promotions from MyFunkySole You may receive up to 8 text messages per month (PLEASE NOTE: this has changed from 5 text messages per month, which still appears in some of our advertising).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent above is not a condition of purchase.
By signing up, you are confirming you are over the age of 13.
You understand that we will send mobile text messages using automated technology.