|TERMS AND CONDITIONS OF USE|
|Welcome to www.thesockman.com|
(the “Website”) This Website is owned and operated by thesockman.com (the “Company”; “we”; “us”). When you (“you”) access and use this Website, you agree that you are bound by these Terms And Conditions.
YOUR USE OF THIS WEBSITE
You may browse and make purchases at this Website only for your personal use. You cannot use the Website or any of its contents for any commercial or other purpose. You agree not to use any script, equipment, and/or process, whether automatic and/or manual, to retrieve, monitor, or copy content in this Website or interfere with the operation of the Website and you agree not to copy, modify, or create derivative works from this Website.
Your use of this Website and the terms governing purchases you make from us through this Website is governed by these Terms and Conditions and the separate documents titled Returns, as well as our Privacy Notice. Links to each of those documents are provided at the bottom of the Website.
‘Intellectual Property’ is content, creations, proprietary information, and materials owned, licensed to, controlled by, used by permission by, or that otherwise belong to, the Company and other owners, and includes (without limitation) trademarks, service marks, copyrights, images displayed on this Website, and trade dress rights.
You may view the ‘Intellectual Property’ (for example, the images) only for browsing and making purchases from this Website, but not for any other purpose. You cannot use any ‘Intellectual Property’ displayed on the Website without the written permission of its owner. Unauthorized use of any ‘Intellectual Property’ may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications laws and regulations. We are serious about enforcing intellectual property rights to the full extent of the law.
We do not warrant that all the content in this Website is complete, accurate, up-to-date, or that your use of this Website will be uninterrupted or error-free, or that your use of materials displayed at the Website will not infringe rights of third parties.
LIMITATION OF LIABILITY
NO PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE CONTENT OF THIS WEBSITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (THIS DISCLAIMER IS VOID WHERE PROHIBITED BY LAW). WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT FOR USING OR ACCESSING THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR MAKING PURCHASES FROM THIS WEBSITE.
CONDUCT ON THE WEBSITE
We shall not be responsible or liable to you or any other party for any material included in this Website by error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy. You cannot send any unlawful, defamatory, obscene, threatening, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We may remove any such material and will fully cooperate with any law enforcement authorities or court proceeding and order requesting or directing us to disclose the identity of anyone behind providing any such material.
ADVERTISEMENTS ON THE WEBSITE
If you interact with advertisers you find on or through the Website, including payment and delivery of related goods or services, and any other terms and conditions associated with such dealings, you agree that we shall not be responsible or liable for any loss or damage as a result of such transactions.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
Our policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). To report to us a copyright infringement, send us a written communication that provides the following items: (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 us to locate the material; (4) Information reasonably sufficient to permit us 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 you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NOTE that Section 512(f) of the DMCA provides that any person who materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation.
NOTE ALSO that these procedures are for your information only and that this is not legal advice. For legal advice about copyrights, please consult a competent attorney.
For information on our policies regarding the privacy of personal information collected on the Website, please follow the link to our Privacy Notice which is also provided at the bottom of the Website.
Any communication, solicited or unsolicited, or that you transmit to the Website, such as questions, comments, or suggestions, may be used by us for any purpose without any notice and/or compensation to you or anyone else.
You agree to abide by the U.S. and foreign export control laws which regulate the export and re-export of technology originating in the United States and such foreign countries and that you will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from this Website to or from any countries or foreign nations in violation of such laws or regulations. You also agree to indemnify us against any and all costs, liabilities, losses or expenses arising from, or relating to, any violation by you of any of these laws and administrative regulations.
If any provisions of these Terms And Conditions is unlawful, void, or unenforceable, then that provision will be excluded from these Terms And Conditions but will not affect the validity and enforceability of the remaining provisions. If we fail to act on a breach by you or others, we do not waive our right to act on a later or similar breach.
RESOLUTION OF DISPUTES
If you feel that you need to initiate a claim or dispute of any kind, you agree to, prior to initiating any legal action, first try to settle such dispute in good faith by providing written notice to us by certified or registered mail, describing the facts and circumstances of the dispute and including relevant documents, allowing us 30 days to respond to you, and allowing you and us additional 60 days to communicate about the dispute in a good faith effort to resolve it. Dispute notices may be sent to us at thesockman.com, 99 St Mark Place New York NY 10009, U.S.A., and to you at any last-known address that you will have provided to us for any purpose.
CHOICE OF LAW
These Terms And Conditions are governed by the laws of the State of New York without regard to its conflict of laws rules. Any lawsuit based on these Terms And Conditions shall be brought only in the State or Federal courts located in New York County and you hereby submit to the personal jurisdiction of such courts.
FROM TIME TO TIME WE MAY MODIFY THESE TERMS AND CONDITIONS. IF YOU CONTINUE TO USE THIS WEBSITE AFTER WE MAKE SUCH CHANGES, IT WILL MEAN THAT YOU AGREE TO SUCH CHANGES.