Last updated: October 21, 2010
We, the people at Shoeboxed, want you to enjoy the time you spend using our services. In order to do this we need to lay a few ground rules so that everything can work more smoothly for everyone. And thus was born our Terms of Service.
When you (“you,” or the “User”) use Shoeboxed’s services, products, and web site (collectively referred to in this document as the “Services”), you enter into a legal agreement with Shoeboxed, Inc. (also referred to as “Shoeboxed”). This page details the agreement and explains the terms of that agreement.
Unless we agree with you in writing that your individual terms and conditions are somehow different from the ones outlined in this document (henceforth called the “Terms”), you are bound by this document when using the Services.
When using the Services, the Terms form a legally binding agreement between you and Shoeboxed. Take time to read them carefully.
Shoeboxed maintains the right to change or replace the Terms at any time, at its sole discretion. You are responsible for checking and reviewing the Terms regularly to keep updated to any such changes.
Accepting the Terms
Before using the Services, you must accept the Terms, and you may not use the Services if you do not accept the Terms.
There are two ways to accept the Terms:
by accepting the Terms when Shoeboxed makes this available to you (i.e. during user registration).
by using the Services in any capacity. When you start using the Services, Shoeboxed will assume that you have accepted the Terms. Once you use the Services you are bound by the Terms until you terminate your relationship with Shoeboxed.
Provision of Services by Shoeboxed
Shoeboxed may change its Services or add new features in the future. By agreeing to the Terms, you acknowledge and agree that the form and nature of the Services may change without prior notice to you.
You acknowledge and agree that Shoeboxed may suspend or discontinue, without prior notice to you and at the sole discretion of Shoeboxed, some or all of its Services, making the Services unavailable to you or other users. If Shoeboxed deems it necessary to discontinue the services it provides due to the highly unlikely event of the Company’s closure, you will receive at least 7 days notice before your account is closed. You are not required to inform Shoeboxed if you stop using the Services, and may stop using the Services at any time.
You acknowledge and agree that if Shoeboxed disables access to your account, you may not be able to use the Services or access your account details, files or other content that may be contained in your account.
Shoeboxed has not set an upper limit on how many transmissions you may send or receive through the Services or how large the transmissions may be, but you agree that Shoeboxed can set these limits at any time, at Shoeboxed’s sole discretion.
Shoeboxed may remove any Content or user accounts at any time and for any reason at the sole discretion of Shoeboxed.
Use of the Services by You
In order to gain access to certain services, you may be required to give Shoeboxed information about yourself. You agree that you will only provide us with information that is accurate, correct, and up to date.
You agree to use the Service only for purposes that are permitted both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines in relevant local, national, and international jurisdictions.
You agree to only access (or try to access) and use the Services through interfaces provided by Shoeboxed or its partners. You shall not access (or try to access) and use any of the Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.
You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.
You shall not upload, post, transmit, store, or otherwise make available content that contains software viruses or any other computer code, files, or programs that could interrupt, destroy or limit the functionality of the computer software or hardware or telecommunications equipment of Shoeboxed, its users or its affiliates.
You shall not upload, post, transmit, store, or otherwise make available content that is pornographic or otherwise explicit in nature. Shoeboxed reserves the right to remove any and all explicit content at its sole discretion.
You agree that you will not submit any content containing information or materials relating to your or anyone else’s medical conditions or care and from which an individual can be identified. You further agree to indemnify, defend, and hold harmless Shoeboxed and its officers, directors, agents and, employees for any violation of the Health Insurance Portability and Accountability Act of 1996.
You agree not to reproduce, copy, sell, trade, or resell all or any part of the Service for any purpose, including merchandise and hardware sold through the Company.
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. Shoeboxed has no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that Shoeboxed may incur).
You agree to be responsible for keeping your passwords associated with your Shoeboxed account secret and secure. Shoeboxed may be able to help you retrieve lost passwords, but may not be held responsible or liable if it cannot help locate or reset a lost password.
You agree that you will be solely responsible for all activities that occur under your account, whether you are aware of them or not.
If you become aware of any unauthorized use of your password or account, you agree to notify Shoeboxed via e-mail to email@example.com as soon as possible.
You must be at least 13 years old to be allowed to register and use the Service. If you are not at least 13 years old, you shall not attempt to register.
Privacy and Personal Information
Content in the Services
You acknowledge and understand that all information (including data files, e-mails, computer software, advertisements, sponsored content and others), which you may have access to when using the Service, are the sole responsibility of the entity from which such content originated. Such information will now be referred to as the “Content.”
You may come across Content when using the Service that may be protected by intellectual property rights owned by entities who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of products or services) based on this Content.
If you come across Content when using the Services that may be infringing a copyright, trademark, or patent claim, you agree to notify us of the potential infringement by e-mailing firstname.lastname@example.org as soon as possible. Further, you agree to abide by the rules and guidelines set forth in Shoeboxed’s copyright policy, which can be found here.
Shoeboxed reserves the right to pre-screen, review, filter, modify, flag, refuse, or remove any or all Content from any Service at any time, at the sole discretion of Shoeboxed.
You understand that when using the Service, you may come across material that you find objectionable, offensive or indecent and that you are using the Service at your own risk.
You agree that you are solely responsible any Content that you create, transmit or display when using the Service and are responsible for any consequences of such actions.
You acknowledge and agree that Shoeboxed is the sole proprietor of all legal rights and titles to the Service, including, but not limited to, any intellectual property rights associated with the Service. This ownership applies whether or not those rights are registered and wherever in the world the rights may exist.
You acknowledge and agree that some or all of the Content may be classified as confidential by Shoeboxed and that you shall not disclose such information without expressed, written consent from Shoeboxed.
You shall not use any of Shoeboxed’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features that are not in accordance with Shoeboxed’s press guidelines. Questions regarding press guidelines should be directed to email@example.com.
You shall not duplicate, change, create a derivative work of, reverse engineer, decompile, or attempt to obtain the source code of Shoeboxed’s software (in whole or in part).
You shall not remove, obscure, or alter any proprietary rights notices that may be found attached to or as a part of some Content.
License from Shoeboxed
When abiding by the Terms, Shoeboxed allows you to enjoy its basic services free of monetary charge and its Receipt Mail-In services at a monthly or annual cost. This opportunity shall be referred to as the “License.” The personal, worldwide, royalty-free, non-exclusive License is for the sole purpose of allowing you to use and benefit from the Service.
You shall not assign your rights (wholly or in part) to use the Service to another. You shall not agree to or allow another entity to have a security interest in or over your rights to use the Service, or otherwise transfer or trade any part of your rights to use the Service as detailed in the Terms.
Content License from You
You will keep most copyright and other rights you may already hold in Content that you submit, post, or otherwise make available via the Service. Shoeboxed maintains the perpetual, irrevocable, worldwide, and non-exclusive right to reproduce, modify, translate, publish, and distribute any Content that you make available via the Service.
You understand that in order for Shoeboxed to provide the Service to our users, Shoeboxed may transmit your Content over various public networks and in various media and may make changes to your Content to meet the technological requirements of such networks and media.
When you provide information to us you represent and warrant that you have the unfettered right to do so, you have no reason to believe you are violating the rights of any person or any contract or other obligation to which you are subject, and you are not subjecting Shoeboxed to any expense or liability.
Ending Your Relationship with Shoeboxed
Terms will continue to apply until the user or Shoeboxed terminates the relationship as explained below.
To end your legal agreement with Shoeboxed, you may send a written request of termination to Shoeboxed to firstname.lastname@example.org.
Shoeboxed may terminate its legal agreement with you under several circumstances:
If you have not adhered to any or all of the provisions in the Terms, or if it appears that you do not intend to or are unable to comply with the Terms. The decision of whether or not you intend to or are unable to comply will be solely at the discretion of Shoeboxed.
If Shoeboxed is required to by law
If the partner that offered services to you in conjunction with Shoeboxed has ended its relationship with Shoeboxed
If the Service is no longer commercially viable for Shoeboxed
When the relationship between the User and Shoeboxed ends, all the legal rights, obligations and liabilities enumerated in the Terms shall be unaffected by the cessation.
Service & Limitations of Service
Shoeboxed offers different levels of services, and the benefits, requirements, and features are different among the plans. It is your responsibility to educate yourself about how the plans differ before purchasing a membership.
You acknowledge, agree and understand that you use the Service (including downloading Content) at your own risk and that the Service is provided by Shoeboxed “as is” and “as available” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Shoeboxed does not guarantee that the Service will meet your requirements or expectations, that your use of the service will be uninterrupted, timely, secure, or free from errors, that information obtained from the Service will be accurate or reliable or that defects in the software of the Service can or will be corrected.
Shoeboxed accepts no liability for loss, damage, or inconvenience resulting from delays in shipping or processing, or loss of or damage to receipts or documents during shipping or processing. Shoeboxed does not guarantee the accuracy of processed information or any turnaround time.
Any material downloaded or otherwise obtained when using the Service is obtained at your own risk. You will be solely responsible for any damage to your computer system or other device used to access the Service that happens as a result of the obtainment of any such Content.
Information and advice received from Shoeboxed, its users, or its Content, whether oral or written, shall not constitute any warranty not expressed in the Terms.
Limitation of Liability
Shoeboxed shall not be liable or responsible for any reliance you place on the completeness, accuracy, or existence of advertising or the outcomes of relationships and transactions you may have with advertisers.
Shoeboxed shall not be liable or responsible for any changes Shoeboxed makes to its Service, for any permanent or temporary restrictions or cessations of the Service, or for any harm this may cause you.
Shoeboxed shall not be liable or responsible for the deletion of, corruption of, or failure to store any Content or other data used in or maintained by the Service.
Shoeboxed shall not be liable or responsible for your failure to provide correct, accurate, and up-to-date account information.
Shoeboxed shall not be liable or responsible for your failure to keep your password and account information secure.
The Service may include hyperlinks to other web sites, content or other resources. Shoeboxed is not responsible for the content or availability of these third-party resources. Shoeboxed does not necessarily endorse any advertising, products or other materials featured, or available on other web sites or resources.
You agree that Shoeboxed may send you notices via e-mail, regular mail, or alerts within the Services.
If it is decided in a court of law that one or several of the Terms are in violation of the law, those terms will be changed or deleted as appropriate, but the others will remain as unmodified Terms.
The Terms, and your relationship with Shoeboxed under the Terms, shall be governed by the laws of the State of Delaware. You and Shoeboxed agree to submit to the exclusive jurisdiction of the courts located in that state to resolve any legal matter arising from the Terms.
Shoeboxed graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Shoeboxed in the U.S. and/or other countries. They may not be used in connection with any product or service that is likely to cause confusion.