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 ("COMMONSOLES") 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 "Commonsoles"). Notwithstanding the foregoing, from time to time, certain third party trademarks, copyrighted materials and other intellectual property not owned by Commonsoles 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 Commonsoles 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 Commonsoles’ proprietary rights.
Commonsoles is not and shall not be responsible for outdated, inaccurate, inadequate, or offensive content used on this website, or for content which is in any other way incorrect, or for broken links on any third party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 Commonsoles. 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. Commonsoles 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. Commonsoles 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 Commonsoles 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.
A. The Commonsoles 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, Commonsoles 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:
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 Commonsoles 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:
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.
E. You understand that when using the Commonsoles 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 Commonsoles 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 Commonsoles 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 Commonsoles 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 Commonsoles 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.
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.