Restrictions on Use (As Applicable)
You shall use the CHÉRUBIN Site for lawful purposes only. You shall not post or transmit on this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without CHÉRUBIN’s express prior approval, you shall not post or transmit through this Site any material which contains advertising or any solicitation with respect to products or services. You shall not use this Site to advertise or perform any commercial solicitation, including without limitation, the solicitation of users to become subscribers of other on-line information services or products competitive with this Site. Any conduct by you that in CHÉRUBIN’s discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site.
You shall not upload, post or otherwise make available on this Site any item protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any item is not protected by such proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such availability. By providing items to any public area of this Site, you automatically grant, or warrant that the owner of such item has expressly granted to you, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, in any manner, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of this Site to access, view, store or reproduce the item for that user’s personal use on a single computer. You grant CHÉRUBIN the right to edit, copy display, publish and distribute any item made available on this Site by you.
Further, as a visitor or user of the Site you shall not:
Disclaimer of Warranty/Limitation of Liability
A. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE,
B. THIS SITE IS PROVIDED ON AN “AS IS”
C. IN NO EVENT WILL CHÉRUBIN OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO
Term/Obligations Upon Termination
Site Applicable Related Terms
Privacy Practice Statement (you must agree to the Privacy Practice Statement to continue access and use of this Site)
Governing Laws Terms
Trademark Use Terms
Copyright Use Terms
Permission to Link Terms
Third-Party Link Terms
GOVERNING Laws TERMS
This Site (excluding linked sites) is controlled by CHÉRUBIN from its offices within the State of Missouri, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Missouri, by accessing this Site both you and CHÉRUBIN agree that the statutes and laws of the State of Missouri, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site.
You and CHÉRUBIN also agree and hereby submit to the exclusive personal jurisdiction and venue of the competent courts in the State of Missouri, Ste. Genevieve County or the nearest Federal Court with respect to such matters. CHÉRUBIN makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You shall adhere to U.S. Export Administration Laws and Regulations, and to International Internet Laws, Rules and Regulations.
Terms for Linking
CHÉRUBIN welcomes a link from your web page to CHÉRUBIN‘s Site. The following describes how you may link and the process for achieving such interaction between this Site and your link. Except as CHÉRUBIN may authorize elsewhere, non-CHÉRUBIN sites may link to this Site only by using CHÉRUBIN’s logo, tradename, trademark or URL - “cherubinshoes.com” (collectively, Link Elements). By using these Link Elements, you agree to be bound by the following terms.
1)CHÉRUBIN grants you a non-exclusive, non-transferable right and license to display the Link Elements only on your site only for the purposes of establishing a link to this Site. You may display one or more Link Elements on your site provided that when a user clicks on your choice of a Link Element, the user always links to this Site, except where otherwise authorized. Further, you are not permitted to change or modify the Link Elements in a manner that is detrimental to the enforcement of U.S. and international trademark and copyright interests and title. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site or any affiliated CHÉRUBIN Sites. Further, you may not link to any site that disparages or compromises this Site, either legally or morally, in anyway.
2)The link elements are not to be considered or to be construed, either explicit or implied, as any endorsement, agency or affiliate relationship, strategic alliance or any other legal or business relationship and are only provided for the convenience of the user at your site.
3)You may not use the link elements for or in the encouragement of unlawful or illegal purposes, or use or display the link elements in a disparaging, derogatory, detrimental or adverse manner, whether or not related to CHÉRUBIN or CHÉRUBIN’s Site.
4)As a result of your use of these Linking Elements, you are not granted any other license or right in the marks or copyrights held and owned by CHÉRUBIN in these Linking Elements and any related materials. Further, no license, either expressed or implied, is granted to any other intellectual property, including those properties associated with this Site, and any or all of the contents, therein.
5)CHÉRUBIN, at any time without notice, reserves the right, for any reason and in its sole discretion, to terminate or modify immediately, CHÉRUBIN's Terms for Linking. Upon termination, you shall promptly remove the link elements from your site. CHÉRUBIN disclaims any warranties or guarantees, whether express or implied, including warranties against infringement, with regard to the link elements and their use, and the contents of this Site. The content of this Site is provided “AS IS”.
6)CHÉRUBIN reserves the right to pursue any action against any use that does not conform to these terms or infringes any CHÉRUBIN intellectual property right or any or other interest, or violates any other applicable laws related to, arising from or associated with the link, Linking Elements, CHÉRUBIN or this Site.
Links to Third-Party Sites
In the event there are any links provided in this Site to other third-party sites, which let you leave this Site, you acknowledge by your use of such links that CHÉRUBIN provides such links for your convenience only and makes no representations whatsoever about such third-party sites. These non-CHÉRUBIN linked sites are independent from CHÉRUBIN and CHÉRUBIN is not responsible for the contents of any linked site or any link contained in a linked site, or the operation, performance reliability of such site or the contents therein or any changes or updates to such sites. The inclusion of any such link does not imply endorsement, either expressly or implied, by CHÉRUBIN of the linked site. The linking to and use of such site is completely your responsibility and any liabilities or risks associated with such linking or use of the Site, and the contents therein, shall be assumed totally and completely by you. CHÉRUBIN assumes no liability or risk for any damages, either direct or consequential, or claims as a result of such linking and use of this Site and you will hold CHÉRUBIN completely harmless with respect to any claim made or action commenced as a result of such linking to or use or the site and any contents therein.
ACCOUNT ESTABLISHMENT TERMS
If you are a registered user at this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. CHÉRUBIN reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content. To open an account, you will create a username and a password, and agree to maintain the security, confidentiality and integrity of your username, password, and any other security measures employed by CHÉRUBIN. You are responsible for all access to or use of your account (including financial transactions) under your username and password, including but not limited to access or use by any other individual, whether or not authorized by you. You agree to immediately notify CHÉRUBIN of any breach of security, including but not limited to unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including but not limited to changing your password. You represent and warrant that all information that you provide for your account is current, accurate, complete and truthful, including but not limited to, your legal name, street address, email address, telephone number, and financial transaction account information.
Further, you authorize CHÉRUBIN and any payment processing service provider it may engage to charge your credit card, debit card or to debit or process payment through any offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are an authorized account holder of any financial transaction account which you provide to CHÉRUBIN for payment of transactions that you make at this Site. You represent that you are the only one who will make payments in connection with the Site, and that you shall be responsible for any and all uses of your credit card, debit card or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to CHÉRUBIN are non-refundable.
You understand that you are communicating electronically with CHÉRUBIN. You expressly consent to receipt of electronic communications from CHÉRUBIN whether by posting or email that you provide by setting up your user account. However, such communications from CHÉRUBIN in connection with purchases shall be limited to communications relating to services, programs, or products following acceptance of an electronic agreement or payment for purchases. You agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic term communications that CHÉRUBIN provides to you according to this account establishment section satisfies the legal requirements that such communication be in writing.
CHÉRUBIN SHOES (CHÉRUBIN) – Contact Information
PO Box 443
Ste. Genevieve, MO 63670