Acceptance of Terms
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Evolution Point, Inc. The collective work includes works that are licensed to Evolution Point, Inc. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Evolution Point Inc or purchasing Evolution Point Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Evolution Point Inc or to purchase Evolution Point Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Evolution Point Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Evolution Point Inc used in the site are trademarks or registered trademarks of Evolution Point Inc. You may not use any trademarks, logos, service marks, or Content on this Website for commercial use without obtaining prior written authorization from the owner. If you wish to make any use of material on the Website other than as expressly permitted in this section, please send your request by contacting us.
Copyright Infringement Policy
If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Evolution Point, Inc.
This contact information is for inquiries regarding potential copyright infringement only. For notices sent via email, please include “DMCA” in the email subject line.
To be effective, your notification must:
(i) be in writing and signed,
(ii) be provided to our copyright agent, and
(iii) include substantially the following:
- identify specifically the copyrighted work(s) believed to have been infringed (for example, My copyrighted work is the picture that appears at [list location where material is located].);
- Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company has the right to remove any Content, User Contributions, or other material from the Website at any time.
In the event that a Evolution Point Inc product is mistakenly listed at an incorrect price, Evolution Point Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Evolution Point Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Evolution Point Inc shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Evolution Point Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Evolution Point Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Evolution Point Inc.\
Your use of this site shall be governed in all respects by the laws of the state of Wisconsin, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Evolution Point Inc products) shall be in the state or federal courts located in Milwaukee County, Wisconsin. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Evolution Point Inc products) must be commenced within one (1) year after the claim or cause of action arises. Evolution Point Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Evolution Point Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any controversy or claim arising out of or relating to this Agreement or the parties’ dealings shall be settled by arbitration in the City of Milwaukee, Wisconsin in accordance with the then-governing rules of the American Arbitration Association. Judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Evolution Point Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You may not harvest or collect information about other users of the Website or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Evolution Point Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Evolution Point Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Evolution Point Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Evolution Point Inc in its sole discretion.
You agree to indemnify, defend, and hold harmless Evolution Point Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Evolution Point Inc. provides the services and goods on SneaksKicks.com on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, [name of website] and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
In an attempt to provide increased value to our visitors, Evolution Point Inc may link to sites operated by third parties. However, even if the third party is affiliated with Evolution Point Inc, Evolution Point Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Evolution Point Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Evolution Point Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).