Terms & Conditions
Terms & Conditions
Absolute-Footwear.com is a website owned and operated by Absolute Canada Ltd. Absolute Canada Ltd. provides services to you on Absolute-Footwear.com subject to the provisions contained in these Legal Notices. In addition, when you use Absolute-Footwear.com, you are subject to these Legal Notices and the terms and conditions applicable to specific services (such as Customer Reviews), which terms and conditions are incorporated herein Absolute Canada Ltd. reserve the right to change Absolute-Footwear.com and these Legal Notices at any time. Please read the Legal Notices carefully. Any use by you of Absolute-Footwear.com indicates your understanding and agreement with these legal notices.
Promotional offers created for purchase on www.absolute-footwear.com (“Site”) are not valid on past purchases or on purchases of gift cards. Promotional codes listed on our Site and in marketing communications for the Site are valid online only for the dates listed in the promotional offer. In-store discount will be as advertised in store. Promotional codes cannot be combined with other promotional codes for the use of multiple discounts
Your Agreement and Acceptance
This Website is not intended for children under the age of 13. By using this Website, you represent and affirm that you are at least 13 years old. If you are under 13 years of age, please discontinue use of the website immediately.
We reserve the right, in our sole discretion, to revise the terms of this Agreement at any time. Once posted on the Website, these changes become effective immediately, and your use of this Website following such changes constitutes your agreement to be bound by the revisions. Although we may attempt to notify you when we make major changes are made to this Agreement, you should periodically review the most up-to-date version at www.absolute-footwear.com to make sure you are aware of the most current terms and conditions.
This Agreement shall apply to all Website users, including users who contribute video content, postings, comments, and other materials or services on the Website.
We may require you to create an account in order to access some features of the Website. When creating your account, you must provide complete and accurate information as prompted.
You are solely responsible for protecting the security and confidentiality of your account password and identification, and you will be responsible for any activity that occurs on your account.
You must notify absolute-footwear.com immediately of any breach of security or unauthorized use of your account.
Absolute-Footwear.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be liable for losses incurred by Absolute or others due to such unauthorized use.
Use of the Website
Absolute-Footwear.com hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:
(1) You agree to comply with all applicable local, state, national and international laws and regulations.
(2) You agree to use the Website communication services only to post, send and receive messages and materials that are proper and legal. (3) You agree that you will not use this Website for any purpose that is unlawful or that is prohibited by this Agreement.
(4) You agree not to violate or attempt to violate the security of the Website, and you agree not to use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other person's use and enjoyment of the Website.
(5) You agree not to use the Website for any commercial use.
(6) You agree not to use the communication systems provided by the Website for any commercial solicitation purposes (for example, you agree not to solicit for commercial purposes any users of the Website regarding their User Submissions).
(7) Absolute Canada Ltd. reserves the right to discontinue any aspect of Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.
(1) The Content on the Website, except all User Submissions (as defined below), including without limitation, the text, button icons, images, photos, graphics, sounds, music, videos, interactive features, software and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to absolute-footwear.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you "as is" and is intended solely for your personal, noncommercial use. Accordingly, you agree not to download, copy, reproduce, republish, upload, post, transmit, broadcast, display, sell, license, or otherwise distribute for any commercial purpose whatsoever any Content from this Website without the prior written consent of the respective owners. Absolute-footwear.com reserves all rights not expressly granted in and to the Website and the Content.
(2) You shall not download any User Submission unless you see a "download" or similar link displayed by absolute-footwear.com on Website for that specific User Submission.
(3) User Comments are made available "as is", and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise distributed in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
(4) You may access absolute-footwear.com Content, User Submissions and other content only as permitted under this Agreement. absolute-footwear.com reserves all rights not expressly granted in and to the absolute-footwear.com Content and the absolute-footwear.com Website.
(5) You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Absolute Canada Ltd. is not responsible for the accuracy, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are offensive, objectionable, or inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against absolute-footwear.com with respect thereto, and agree to indemnify and hold absolute-footwear.com, Absolute Canada Ltd., its Parent Company, and its affiliates and/or licensors, harmless to the fullest extent allowed by law in connection with all matters related to your use of the Website.
This is the official User Submissions Agreement ("Agreement") for absolute-footwear.com ("Absolute Website”, "Site", "Website", "we"), and the latest revision date is 01/12/15. This Website is hosted by Absolute, which is a division of Tai Lung Group. Please read this Agreement carefully because it explains your rights and responsibilities.
Video content (“User Video”), photography content (“User Photographs”), and textual content (“User Comments”) (collectively referred to as “User Submissions”) may be submitted by posting to www. absolute-footwear.com, our Pinterest account, our Twitter account, our Facebook page, and other social media formats including but not limited to emails, which are now available or which become available (“Media Formats”). Absolute Canada Ltd. does not guarantee any confidentiality with respect to any User Submissions, including your User Names and Profile Information.
When you make a User Submission, you acknowledge, consent and agree to: 1) your User Submission being featured on the Media Format and potentially being used to link through to products for sale on www. absolute-footwear.com; 2) a grant to Absolute Canada Ltd. of a non-exclusive, perpetual, irrevocable, worldwide right and license to use, reproduce, modify, adapt, publish, edit, create a derivative work from display, or otherwise exhibit or distribute the submission or any portion of it, in any medium or forum, now known or later developed, at any time, without any payment to you or a third party, and 3) a non-exclusive license to access your User Submission and to use, exhibit, display use or reproduce such User Submission in accordance with the terms of this Agreement.
Your use of Instagram, Twitter, or similar media formats to make User Submissions using the designated hashtags is also governed by the terms and conditions of use for those sites.
You further agree not to submit any content that contains any viruses, Trojan horses, worms, time bombs or other data functions that will damage or detrimentally interfere with the operation of the Website or surreptitiously appropriate or intercept any data or system. Absolute Canada Ltd. reserves the right to remove any User Submissions at any time, for any reason, in its sole discretion.
Your User Submissions you share continue to be owned by you to the extent of your rights in the submission.
Absolute Canada Ltd. respects and honors the intellectual property rights of others, and we ask that you do the same. If you are the owner of a copyright and you believe that infringing activity or materials are present on any of our Media Formats, you may request removal of those materials (or access to them) by following our Process and submitting written notification that complies with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”) to our Copyright Agent (designated below).
Attn: Absolute Canada Ltd. Legal Department, 23 Scottfield Dr, Toronto, ON M1S 5R4
Absolute Canada Ltd. does not endorse any User Submission or any opinion, observation, recommendation, or suggestion expressed therein, and Absolute Canada Ltd. expressly disclaims any and all liability in connection with User Submissions. Inclusion of any User Submission does not constitute an endorsement of such User Submission by Absolute Canada Ltd., and Absolute Canada Ltd. makes no claim as to the accuracy of any User Submission.
Risk of Loss
The risk of loss and title for items you purchase from this Website will pass to you upon delivery of such items to the carrier.
Termination of Access or Account
Absolute-Footwear.com reserves the right to refuse service, terminate accounts, or restrict or terminate your access to the Website at any time and for any reason, with or without cause, without prior notice, and without any liability or further obligation of any kind whatsoever to you or any third party.
Absolute-Footwear.com reserves the right to decide whether Content or a User Submission is appropriate and complies with the terms of this Agreement. Absolute-Footwear.com may remove such User Submissions any time, without prior notice and at its sole discretion.
Links to Third Party Sites
The Website may contain links to third party websites that are not owned or controlled by Absolute-Footwear.com. Absolute-Footwear.com has no control over, and is not responsible for the content or practices of such websites. By using the Website, you expressly relieve Absolute-Footwear.com from any and all liability arising from your use of any third-party website.
We encourage you to be aware of when you leave the Absolute-Footwear.com Website and to review the policies of every website that you visit.
This website is provided by Absolute-Footwear.com on an "as is" and "as available" basis without any representation or warranty of any kind, express or implied. You agree that your use of the Absolute-Footwear.com website shall be at your sole risk. To the extent permitted by law, Absolute-Footwear.com its parent company, and their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.
Absolute-Footwear.com makes no warranties or representations about the accuracy or completeness of this website's content or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, or similar rogue programs or harmful properties that may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Absolute-Footwear.com website.
Absolute-Footwear.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Absolute-Footwear.com website or any linked website or featured in any banner or other advertising, and Absolute-Footwear.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Limitation of Liability
In no event shall Absolute-Footwear.com, its parent company, and their respective officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, rogue programs, harmful properties or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Absolute-Footwear.com website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge the Absolute-Footwear.com shall not be liable for any user submission or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from these events rests entirely with you.
You agree to defend, indemnify and hold harmless the Website, BG Retail, LLC and its divisions, its parent corporation, and any of their respective officers, directors, employees and agents, from and against any and all allegations, claims, demands, actions, causes of actions, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney's fees and other legal expenses) arising from: (i) your use of and access to the Absolute-Footwear.com Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Absolute-Footwear.com Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms set forth in this Agreement.
Absolute-Footwear.com reserves the right at all times to disclose any information as Absolute-Footwear.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Absolute-Footwear.com’ sole discretion.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Absolute-Footwear.com’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.