Terms of Use

By using this website, you agree to be bound by the following terms and conditions governing your use of this website. If you do not agree to these terms and conditions, please do not use this website.

CommonSoles.com ("COMMON SOLES") is the official CommonSoles™ website. The names, trademarks, logos, designs, text and graphics used on this website, the selection and arrangement thereof, and all other materials used on this website, are and shall remain owned by CommonSoles, Inc. ("us" or "Common Soles"). Notwithstanding the foregoing, from time to time, certain third party trademarks, copyrighted materials and other intellectual property not owned by Common Soles may appear on this website. When such materials appear appropriate credits and notices will be displayed.

You are allowed to use this website and the materials used on this website only for purposes related to Common Soles and its mission. You shall not alter any materials provided on this website in any way, shape or form. You are not allowed to sell any of the materials used on this website to third parties or to use any of such materials for personal gain. Any alteration of such materials or any other improper use of materials found on this website is strictly prohibited and a violation of Common Soles’ proprietary rights.

Common Soles is not and shall not be responsible for outdated, inaccurate, inadequate, or offensive content used on this website, or for content which is in any other way incorrect, or for broken links on any third party websites linked to or from the Common Soles website. We do not endorse any products or services offered by third parties whatsoever, unless specifically stated in writing.

All software provided by third parties used on this website is the responsibility of the third party provider and any complaints regarding the product or service in question should be directed to such third party and not to Common Soles. You may not distribute, sell, or transmit such software and you are not permitted to alter, modify or adapt such software, including, but not limited to, translating, decompiling, reverse engineering, disassembling, or creating derivative works of it. Common Soles is not and shall not be responsible for users unable to access this website or parts thereof due to technical fault, Internet connection problems or other unforeseen circumstances. Common Soles is not and shall not be responsible for any damage that may occur to your software or hardware (such as your computer) from downloading materials from this website.

By using this website, you agree to use it only for lawful purposes, and in a manner that does not infringe upon the rights of any third party nor inhibits the use and enjoyment of this website by any third party. You agree to abide by all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of the Common Soles website. You agree to provide true, accurate, complete and current information to us and notify us immediately of any change in that information. You agree not to publish, post, disseminate, distribute or otherwise transmit any defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information in connection with this website.

In the event that Common Soles determines, in its sole discretion, that you have breached, violated or contravened these terms of use or have otherwise demonstrated inappropriate conduct in the use of the Common Soles website, without limiting its other rights and remedies, all of which are hereby expressly reserved, Common Soles reserves the absolute right to: warn you via e-mail that you have violated these terms of use and ask you to discontinue such conduct; delete any material or content which you post to the news/blog section or any other areas of the website; discontinue any membership you may have with respect to the website and/or any other related memberships to additional services; and take measures (including terminating, suspending or restricting your use of this website) to prevent you from using the Common Soles website or linking to the Common Soles website. 

The agreement set forth in these terms of use shall be governed by and construed in accordance with Massachusetts law, and all legal proceedings, if any, shall take place only in Norfolk County in the State of Massachusetts, United States. Common Soles reserves the right to change these terms of use at any time. You will be bound by any such revisions and, therefore, you should periodically visit this page to review the then-current terms of use to which you will be bound.

User Submissions

A. The Common Soles website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Common Soles does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:

(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights, including, without limitation, all music related permissions in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Common Soles website and these Terms of Use; and

(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Common Soles website and these Terms of Use. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us at Common Soles, you hereby grant us a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the Common Soles website and our (and our successor's) business, including, without limitation, for promoting and redistributing part or all of the Common Soles website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Common Soles website a non-exclusive license to access your User Submissions through the Common Soles website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Common Soles website and under these Terms of Use.

C. In connection with User Submissions, you further agree that you will not:

(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;

(ii) publish falsehoods or misrepresentations that could damage Common Soles or any third party;

(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iv) post advertisements or solicitations of business:

(v) impersonate another person. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or infringement of intellectual property rights on the Common Soles website, and we will remove all content and User Submissions if properly notified that such content or User Submissions infringe on another's intellectual property rights. We reserve the right to remove content and User Submissions without prior notice. We will also terminate a Common Soles website user's access to the Common Soles website, if such user is determined to be a repeat infringer. A repeat infringer is a Common Soles website user who has been notified of infringing activity more than twice and/or has had content or a User Submission removed from the Common Soles website more than twice. We also reserve the right to decide whether content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. We may remove such User Submissions and/or terminate a Common Soles website user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) 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;

(iii) 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 the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

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

(vi) 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.

Upon receipt of the written notification containing the information as outlined in D. (i) through D. (vi) above:

(a) We will remove or disable access to the content that is alleged to be infringing;

(b) We will forward the written notification to the alleged infringer; and

(c) We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Counter Notification.

To be effective, a counter notification must be a written communication provided to our designated Copyright Agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a counter notification containing the information as outlined in 1. through 4. above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement within a reasonable time (or as otherwise required by law), provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on our website.

Common Soles's designated Copyright Agent to receive notifications of claimed infringement is: CommonSoles Copyright, P.O. Box 2716, Duxbury, MA 02331. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Common Soles website customer service through This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You acknowledge that if you fail to comply with all of the requirements of this Section D., your DMCA notice may not be valid.

E. You understand that when using the Common Soles website, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, 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 inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners and operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Common Soles website.

F. We permit you to link to your own User Submissions hosted on the website or User Submissions of other third parties available on the Common Soles website, for personal, non-commercial purposes only. In addition, we provide an "Embeddable Player" feature, in which you can incorporate certain User Submissions on your own personal, non-commercial websites, provided that you include a prominent link back to the Common Soles website on the pages containing the Embeddable Player. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and we do not guarantee that their availability will be uninterrupted or bug free. We reserve the right to discontinue any aspect of the Common Soles website at any time, including, without limitation, discontinuing any linked or embedded content either generally or in specific cases.

THIS WEBSITE AND CONTENT ARE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ITS CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY UNDER THIS TERMS OF USE AGREEMENT EXCEED FIFTY ($50) DOLLARS.

YOU WILL INDEMNIFY, DEFEND, AND HOLD US HARMLESS AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR BREACH OF THESE TERMS AND CONDITIONS. YOU WILL NOT SETTLE ANY MATTER THAT IS SUBJECT TO INDEMNIFICATION BY YOU WITHOUT OUR EXPRESS WRITTEN CONSENT. AT OUR DISCRETION AND EXPENSE, BUT WITH YOUR FULL COOPERATION, WE MAY ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

Any delay for failure on our part to take action in connection with a breach or violation of these Terms of Use will not constitute a waiver of our right to act on such breach or violation.