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.famous.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.
Famous Footwear Accounts
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 Famous Footwear immediately of any breach of security or unauthorized use of your account.
Famous Footwear 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 Famous Footwear or others due to such unauthorized use.
Use of the Website
Famous Footwear hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:
You agree to comply with all applicable local, state, national and international laws and regulations.
You agree to use the Website communication services only to post, send and receive messages and materials that are proper and legal.
You agree that you will not use this Website for any purpose that is unlawful or that is prohibited by this Agreement.
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.
You agree not to use the Website for any commercial use.
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).
Famous Footwear reserves the right to discontinue any aspect of the Famous Footwear 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 Famous Footwear Website.
The Content on the Famous Footwear 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 Famous Footwear, 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. Famous Footwear reserves all rights not expressly granted in and to the Website and the Content.
You shall not download any User Submission unless you see a "download" or similar link displayed by Famous Footwear on the Famous Footwear Website for that specific User Submission.
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 Famous Footwear Website or otherwise as prohibited under this Agreement.
You may access Famous Footwear Content, User Submissions and other content only as permitted under this Agreement. Famous Footwear reserves all rights not expressly granted in and to the Famous Footwear Content and the Famous Footwear Website.
You understand that when using the Famous Footwear Website, you will be exposed to User Submissions from a variety of sources, and that Famous Footwear 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 Famous Footwear with respect thereto, and agree to indemnify and hold Famous Footwear, 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.
As a Famous Footwear account holder, you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." Famous Footwear does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. By submitting a User Submission, you automatically grant Famous Footwear with a perpetual, royalty-free, irrevocable nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, and display such materials or incorporate such materials into any form, medium or technology now known or later developed.
In connection with User Submissions, you agree that you will not submit material to the Website that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, rogue programs or other harmful code or properties.
Famous Footwear does not endorse any User Submission or any opinion, observation, recommendation, or suggestion expressed therein, and Famous Footwear expressly disclaims any and all liability in connection with User Submissions.
Famous Footwear does not permit infringement of intellectual property rights on its Website. Accordingly, Famous Footwear will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Famous Footwear reserves the right to remove Content and User Submissions without prior notice.
Famous Footwear respects and honors the intellectual property rights of others. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, please contact us.
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
Famous Footwear 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. Famous Footwear reserves the right to decide whether Content or a User Submission is appropriate and complies with the terms of this Agreement. Famous Footwear 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 Famous Footwear. Famous Footwear has no control over, and is not responsible for the content or practices of such websites. By using the Website, you expressly relieve Famous Footwear 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 Famous Footwear Website and to review the policies of every website that you visit.
Warranty Disclaimer and Limitations of Liability
THIS WEBSITE IS PROVIDED BY FAMOUS FOOTWEAR ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY RESPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE FAMOUS FOOTWEAR WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, FAMOUS FOOTWEAR 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. FAMOUS FOOTWEAR 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 FAMOUS FOOTWEAR WEBSITE. FAMOUS FOOTWEAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FAMOUS FOOTWEAR WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FAMOUS FOOTWEAR 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 FAMOUS FOOTWEAR, 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 FAMOUS FOOTWEAR 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 THAT FAMOUS FOOTWEAR 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 Famous Footwear 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 Famous Footwear 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.
Text Message Terms and Conditions
Click here to see the full terms and conditions.
REWARDS TERMS AND CONDITIONS
The Famous Footwear Rewards program is provided by BG Retail, LLC. for U.S. members, and Caleres Canada, Inc. for Canada members. For the purposes of these Rewards Terms and Conditions, “Famous Footwear” means BG Retail, LLC. in respect of U.S. members and Caleres Canada, Inc. in respect of Canada members. By becoming a Rewards program member and participating in the Rewards program, you the member (i) represent that you are an Eligible Customer, (ii) consent to Famous Footwear collecting, using and disclosing your personal information as set out in the Privacy section below, and (iii) accept these Rewards Terms and Conditions, as they may be amended from time to time “Member”.
By signing up to participate in the Rewards Program, you are agreeing to (1) all Terms and Conditions for the Famous Footwear Rewards Program, and (2) receive both Famous Footwear Rewards Program emails as well as non-Program promotional emails from Famous Footwear. You may unsubscribe from receiving marketing and promotional emails and/or the Rewards Program at any time.
No purchase is necessary to join the Rewards program, but purchases are required to earn points. You may join in-store or online at famous.com or by downloading our Famous Footwear Mobile Application (see details below).
Members will receive 1 base point for every $1 in purchases, rounded up or down to the nearest $1 increment (excluding returns, purchases made from a 3rd party vendor [including gift cards], and taxes and/or shipping) at participating Famous Footwear, Famous Footwear Outlet, or online at famous.com. Gold Members receive Points as described in the Gold Members section below.
For purposes of the Famous Footwear Rewards Program, "Points" mean those particular Famous Footwear Rewards Program measurement increments, which can be used to redeem certain Rewards. Points have no fixed value, may not be redeemed for cash, and are not transferable to any other individual or entity. Any transfer or attempt to transfer a Rewards Member’s Points may result in disqualification from the Rewards Program.
To earn Points, Members must identify themselves at check-out as a Rewards Member so the store associate can look up the account. Members can also log into their accounts online.
To be eligible for points or bonus points, purchases must be made at participating stores in the U.S., Canada or online at famous.com.
Purchases applying a merchandise credit, gift card or Rewards certificate will not earn points unless the purchase amount exceeds the certificate’s face value. For example, if redeeming a $10 Rewards certificate on a $60 purchase, you will earn points on the remaining $50 of the purchase amount (excluding taxes and/or shipping). In addition, purchases applying a coupon or discount code will earn points on the purchase amount after application of the coupon or discount code. For example, if applying a 20% coupon on a $50 purchase, you will earn points on the remaining $40 of the purchase amount (excluding taxes and/or shipping).
For every 100 points you earn you will be eligible to receive a Reward certificate redeemable in increments of $5 per 100 points, to apply to a future qualifying purchase (see below for excluded items). The number of points required for a specific Reward may change at any time.
Rewards certificates will be issued, at our discretion, approximately five times per year. If a member would like to redeem points for a certificate during a period when Famous Footwear has not already issued one for the member, a certificate can be created one of the following three ways: 1) In our mobile app 2) At the cash register in a Famous Footwear store 3) By logging into Your Account on Famous.com.
One hundred Points will be deducted from your account for every $5 Rewards certificate issued. Certificates will expire 60 days after issuance/creation. Famous Footwear is not responsible for Rewards statements that are late, lost, misdirected, not delivered or not received. Members are responsible for ensuring that all contact information on file is correct and up to date.
The maximum Rewards certificate issued with any statement is $25, the minimum Rewards certificate issued with any statement is $5. Only one Rewards certificate will be issued per member per statement.
Self-created certificates can be created in a minimum of $5 increments, with a maximum amount of $75. The same certificate denomination cannot be created more than one time per day. Any remaining points from statement or self-created certificates will carry forward in your account for future use.
Rewards Points are subject to a cap, and Members may not accrue more than five thousand (5,000) Points during the course of a rolling twelve (12) month period.
Once a Member reaches 5,000 Points, the Member will cease accruing further Points for a period of twelve (12) consecutive months and the Member’s account balance is reduced to less than 5,000 points. The 12 consecutive month period will be measured forward from the date the Member reaches 5,000 points.
Resellers are specifically excluded from the Rewards Program. If you purchase items for resale, Famous Footwear reserves the right not to award Points, to deduct improperly awarded Points, to invalidate improperly issued Reward certificates issued from such accounts, as well as to terminate the membership and decline to permit anyone we believe is associated with the resale activity, or the account, to enroll in any Rewards or other program, if we so desire. Famous Footwear has sole discretion over whether to deem any purchase a “purchase for resale”.
Famous Footwear reserves the right, at its sole discretion, to void Rewards certificates sent due to error, fraud or misuse of the Rewards program.
To redeem a Rewards certificate in Famous Footwear or Famous Footwear Outlet, simply present the certificate at the time of purchase or request from the store associate to use points at the register to create a new certificate. To redeem at famous.com, enter the Rewards member number and the online promo code found on your Reward certificate at checkout. Online orders can only be shipped within the 50 United States; orders cannot ship internationally, or to U.S. territories/commonwealths.
Only one certificate per transaction.
Rewards certificates may be used one time only.
Members will not receive credit, change or cash back for partially redeemed Rewards certificates and any unused portion will be forfeited. For example, if you use a $25 Rewards certificate towards a $20 purchase, you will not receive $5 in change or cash back and will not receive a $5 credit toward any future purchase.
Rewards certificates have no cash value and may not be exchanged, refunded, transferred, reproduced or redeemed for cash or any other form of credit.
Rewards certificates must be used by 11:59 p.m. Central Time on the stated expiration date or they will have no value and cannot be presented for redemption.
Rewards certificates will not be replaced if lost, stolen or destroyed. A member can, however, access available certificates online under Your Account on the mobile or desktop site.
The value of a Rewards certificate applied to a purchase will not be returned if the purchased product is returned. Rewards certificates cannot be applied to previous purchases.
Altered Rewards certificates and any Rewards certificates that are reproduced, brokered and/or sold are void.
Rewards certificates may not be used for the purchase of gift cards/certificates.
Certificate is redeemable only by the member to whom it was issued.
Members who spend $200 or more over a rolling 12 month period will be awarded Gold status membership. Gold status will take effect within 1-2 business days of a Member meeting the $200 threshold.
Once Gold status membership is achieved, customers must continue to spend $200 or more over a rolling 12 month period to maintain Gold status. Customer accounts that do not meet the minimum annual spending requirement of $200 over a rolling 12 month period will be automatically returned to non-Gold status.
Members who achieve Gold status will receive 1.5 points instead of 1 point for every $1 in purchases (excluding returns, taxes and/or shipping) at participating stores and online at famous.com.
Gold Rewards members will also receive free ground shipping online at famous.com.
Additionally, Gold Rewards members have 90 days to return unworn merchandise.
Rewards Program and the Famous Footwear Mobile Application
Rewards Members may download the Famous Footwear Mobile Application and receive additional benefits available only to our Mobile Application Rewards Members”. The “Mobile Application” means the software provided by Famous Footwear to offer services related to Famous Footwear and its partners’ services, to be used on Apple iOS and Android OS devices and any upgrades and/or changes from time to time and any other software or documentation which enables the use of the Application.
If you download the Mobile Application, you will receive all certificates via the Mobile Application and will no longer receive certificates via email. If at any point, you wish to change the channel of your Rewards certificate communications, please contact Customer Service by calling 1-888-869-1053 or write to Rewards Customer Service, P.O. Box 354, St Louis, MO 63166.
Rewards Members who download the Mobile Application will also receive the following benefits:
Rewards members may view a list of all available certificates at any time.
Once a Member redeems his/her Points, a certificate will be generated. This certificate may be used at any participating Famous Footwear, Famous Footwear Outlet, or online at famous.com. The generated certificate will include its Reward value, certificate barcode, online promotion code, and expiration date.
Rewards members can redeem their certificates through the Mobile Application at any time (up to a Reward value of $75 per certificate, never to exceed 1,500 Points during a single redemption).
Rewards Members who download the Mobile Application must comply with all other existing Rewards Terms and Conditions and eligibility rules, as well as the Mobile Application Terms and Conditions.
Customers must be of the age of majority in their state of residence and have a valid U.S. mailing address or email address to participate (“Eligible Customer”) in the Rewards Program.
Memberships and points are not transferable and cannot be assigned or combined.
Points expire after 12 months if the Rewards member has not made a transaction or had a certificate issued during the 12 month timeframe; however the Rewards account is still valid.
Rewards members who have not made a transaction in 12 months may be sent an email notification that they have points that are set to expire. If a transaction is not made by the stated date, points will be forfeited.
After 36 months of account inactivity, a Member’s Rewards account will be terminated.
All dollar values referred to in these Rewards Terms and Conditions are in U.S. currency.
Employees of Famous Footwear or its parent or affiliated companies, are not eligible to participate. Membership is also not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual.
Current members are not allowed to re-enroll and obtain additional member numbers.
Famous Footwear reserves the right to cancel and/or modify the Rewards program and/or these Rewards Terms and Conditions and/or withdraw membership (including any points accumulated and/or Rewards) and/or modify an individual’s membership or Point levels (including lowering a member from Gold to Regular status or deducting improperly awarded Points from a Member’s account) at any time. Famous Footwear will have no liability to any member and is automatically released from all claims by members in respect of such actions. If a Member’s membership is withdrawn, the Member may not re-enroll in the Rewards Program.
You may cancel your membership at any time by contacting Rewards Customer Service as described below.
All decisions regarding the interpretation of these Rewards Terms and Conditions and the administration of the Rewards program, and any disputes arising therefrom, shall be resolved by Famous Footwear in its sole discretion. All such decisions shall be final and binding on all Members.
Famous Footwear and its parent and affiliates, and their respective officers, directors, employees, and agents (the “Released Parties”) make no warranty and provide no conditions, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose, with respect to the Rewards program, membership in the Rewards program, Rewards Certificates or any products or services related to the Program.
By participating in the Rewards program, each member releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, legal and attorney’s fees) relating to that member’s participation in the Rewards program, use of Rewards Certificates, or agreement to these Rewards Terms and Conditions.
These Rewards Program Terms and Conditions shall be governed by the laws of the State of Missouri, without respect to its conflict of laws principles. Any claim or dispute between you and Famous Footwear that arises in whole or in part from your participation in the Rewards program shall be filed and decided exclusively in the state courts in St. Louis County, Missouri, or the U.S. District Court for the Eastern District of Missouri.
Collection of Personal Information
For questions concerning your account status or program information, please contact Rewards Customer Service:
Visit us 24/7 at famous.com/rewards
U.S. members call our phone line at 1-800-401-8888.
Canada members call our phone line at 1-800-969-7500.
Write to Rewards Customer Service, P.O. Box 354, St Louis, MO 63166
The “Mobile Application” shall mean the software provided by Famous Footwear to offer services related to Famous Footwear and its partners’ services, to be used on Apple iOS and Android OS devices and any upgrades and/or changes from time to time and any other software or documentation which enables the use of the Mobile Application.
In order to use the Mobile Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements'). The Mobile Application is open to all Apple and Android users within the 50 United States (not available internationally or in U.S. territories or possessions). To download the Mobile Application please visit Google Play or the Apple Store.
Rewards members who download the Mobile Application must comply with all existing Rewards eligibility rules and Rewards Terms and Conditions as found at famous.com.
Upon downloading the Mobile Application, Famous Footwear grants to you a personal, non-exclusive, non-transferable, limited and revocable license to use the Mobile Application for personal and/or non-commercial use only on the appropriate device owned or controlled by you as permitted by Google Play or Apple Store terms (“User License”) and you are agree to receive electronic communications from Famous Footwear and/or its select partners through the Mobile Application (also known as “push notifications”) designed to give you information relevant to your shopping experience and Rewards Membership, promotions and other information.
You can opt-in or opt-out at any time in the Profile section of the Mobile Application.
Any use of the Mobile Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Mobile Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Mobile Application is prohibited.
Famous Footwear reserves the right without notice to change, modify or alter in its sole discretion the terms and conditions of use of the Mobile Application, the functionality of the Mobile Application and/or the terms and conditions of sale for any goods and services offered through the Mobile Application or participation in the Rewards program. By accessing or using the Mobile Application after any such change, etc. to the Mobile Application or terms and conditions of use, you agree to any such changes, etc.
Famous Footwear may terminate use or functionality of the Mobile Application, content or data associated with the Mobile Application at any time by giving notice of termination to you. Upon any termination (a) the rights and licenses granted to you herein shall terminate; and (b) you agree to cease all use of the Software.
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.famous.com, our Mobile Application, our Pinterest account, our Twitter account, our Facebook page, and other social media formats which are now available or which become available (“Media Formats”). Famous Footwear 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.famous.com; 2) a grant to Famous Footwear 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 Mobile Application or surreptitiously appropriate or intercept any data or system. Famous Footwear 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.
Famous Footwear 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: DMCA Agent
C/o Legal Department
8300 Maryland Avenue
Saint Louis, MO 63105
Famous Footwear does not endorse any User Submission or any opinion, observation, recommendation, or suggestion expressed therein, and Famous Footwear 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 Famous Footwear, and Famous Footwear makes no claim as to the accuracy of any User Submission.
Famous Footwear reserves the right at all times to disclose any information as Famous Footwear deems necessary to satisfy any application 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 Famous Footwear’s sole discretion.
LIMITATION OF LIABILITY
IN NO EVENT WILL FAMOUS FOOTWEAR, ITS PARENT OR AFFILIATED ENTITIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MEDIA FORMATS, MOBILE APPLICATION, SOFTWARE OR SERVICES PROVIDED THROUGH THEM, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, LOSS OF PROFITS OR BUSINESS INTERRUPTION, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MEDIA FORMATS, MOBILE APPLICATION, SOFTWARE OR SERVICES, DATA OR INFORMATION ON OR TRANSMITTED TO OR FROM THE MEDIA FORMATS, MOBILE APPLICATION, SOFTWARE OR SERVICES. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT ON THE MEDIA FORMATS, MOBILE APPLICATION, SOFTWARE AND SERVICES. THIS LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES OF ANY TYPE WHATSOEVER CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, VIRUS, FAILURE OF EQUIPMENT, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION OR THEORY OF RECOVERY. YOU SPECIFICALLY AND EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO CIRCUMSTANCES WILL FAMOUT FOOTWEAR OR ITS PARENT OR AFFILIATED ENTITIES OR THE EMPLOYEES, DIRECTORS OR AGENTS THEREOF BE LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLGAL CONDUCT OFA NY USERS, VISITORS OR THIRD PARTY ADVERTISERS OR SPONSORS OF THE MEDIA FORMATS, MOBILE APPLICATION, SOFTWARE OR SERVICES AND THAT THE RISK OF INJURY FROM THE FOREGOING IS AND REMAINS SOLELY WITH YOU.
DISCLAIMER OF WARRANTY
The Media Formats, Mobile Application, Software and services are provided “as is” without representations or warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or as to defects, accuracy, or reliability.
You agree to defend, indemnify and hold harmless Famous Footwear and its parent and affiliated entities and their respective employees, officers, directors and agents from and against any and all liability, damages, loss, causes of action, fines, penalties, suits and claims of any nature or kind whatsoever (including reasonable attorneys’ fees and costs of litigation) arising out of or related to your use of the Media Formats, the Mobile Application, Software or services, or use by another of your accounts.