ShoeFan Rewards: Terms of Use

MEMBERSHIP

Participation in the ShoeFan Rewards Program, formerly known as the Shoebuy Rewards Program ("Program") and the benefits of the Program are offered at the sole discretion of Shoebuy.com, Inc ("we," "us," or "our"). Eligible customers (as described below) may enroll. Upon enrolling, you will be able to accumulate Points in your Rewards Account, as described below, which may be issued as Rewards Credit, which you may then use to shop at shoes.com/shoebuy.com.

ELIGIBILITY

The Program is offered to individuals who are: (a) over 18 years of age; and (b) possess a valid, active and personal email address issued in that individual's name for access to the Program. Once enrolled, individuals become members ("Members," "ShoeFans," "you," or "your") in the Program.

PARTICIPATION

The Program allows Members to earn Points while using, viewing, interacting, or responding to a Website, in accordance with the rules of any promotion and the earning Points provisions of these Terms & Conditions. For the purposes of the Program, "Points" mean those particular Program measurement increments, which can be used to redeem certain Rewards. Points and their values are: (a) determined by the Website Owner at its sole discretion; (b) subject to change without notice; (c) may vary among promotions; (d) are subject to approval; and (e) may be subject to a limit for the amount of Points that may be earned during a defined period and/or for specific actions as determined at the sole discretion of the Website Owner. All Points, including but not limited to earning, saving, and using, must be used in compliance with these Terms & Conditions. Points are not transferable and Points cannot be earned after the Program is terminated, as set forth below. Unless prohibited by law, unused Points are forfeited upon termination of the Program. Participation in the Program constitutes acceptance of these Terms & Conditions. These Terms & Conditions may change, at shoes.com's sole discretion, with or without notice to any Member. The Platform Provider shall not be liable to any Member or Website Owner for any changes to the Terms & Conditions. If a change occurs, the Member's continued participation in the Program shall constitute agreement to the changes. A Member may terminate participation by notifying us at service@shoes.com, and upon such termination the Member may use Points accumulated up to the date of termination. When registering for the Program you agree to only register one (1) account per individual for the purpose of accruing or earning Points. Shoebuy.com, Inc. reserves the right to disqualify any person from participating if, in our sole judgment, that person appears to be violating these Terms and Conditions, making purchases for a business or for resale, manipulating the Program, making excessive returns, or otherwise acting in a manner inconsistent with the Program's intent. If a member is disqualified, they forfeit their Rewards Account Value, including Points, and may not re-enroll to the Program.

EARNING POINTS

Points and Point-earning activities shall be reflected in a widget displayed on the Website and may be recorded for review by the Website Owner. Points will be deposited within 30 days after they are earned. Any inquiries regarding Points not correctly deposited must be received by Shoebuy.com, Inc. within 60 days of the date of alleged accrual of Points. A Member's earned Points are not transferable. Members must be logged into the Website to earn, accrue and redeem Points.

POINT REDEMPTION

Members will earn Rewards as described on www.shoes.com/info/rewards and www.shoes.com/info/faq-rewards or through a particular promotion through which a Member is invited to participate. Depending upon the Reward earned, the Member will either receive the Reward from the Website Owner or from the Platform Provider directly. If a Member disputes their Reward, they can contact us at service@shoes.com.

EXPIRATION OF POINTS

Points will expire six (6) months after the date they are earned, unless otherwise specified. Gift Points expire sooner as specified in Gift Point communication.

TERMINATION OF OR CHANGE IN PROGRAM

This Rewards Program may terminate at the sole discretion of Shoebuy.com, Inc., with or without notice. Notice of termination may be provided to Members in the manner that we deem reasonable, including but not limited to: posting such notice on the shoes.com Website, Facebook application, Twitter application, Pinterest application, or via email. Program termination may result in loss of accumulated Points Value, subject to applicable law, and the cancellation of all benefits and privileges associated with the Program. Members must redeem and use all Points before expiration or the effective date of termination. However, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors, acquisitions, or material business interruptions of Shoebuy.com, Inc. or the Platform Provider.

Shoebuy.com, Inc. reserves the right to modify, suspend, and/or terminate the Program, without notice, in whole or in part, in the event of computer, programming, system errors, or other problems which are beyond our control and that affect our ability to proceed as intended. If the Program is not capable of running as planned for any reason, including those due to: (a) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, or other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program; or (b) earthquake, flood, fire, storm, or other natural disaster, act of God, labor controversy, or threat thereof, civil disturbance, or commotion, disruption of the public markets, war, or armed conflict (whether or not officially declared), Shoebuy.com, Inc. reserves the right at its sole discretion to cancel, terminate, or suspend the Program without obligation or prior notice.

PRIVACY

Unless otherwise indicated in these Terms & Conditions, by entering and participating in the Program, the Member agrees to the privacy policy located at www.shoes.com/info/privacy.

REWARDS PROGRAM MALFUNCTIONS AND CONDUCT

Any attempts by any Member to access the Program via a bot script or other brute-force attack shall result in that Member becoming ineligible and forfeiting any and all accrued Points. Any use of automated means, whether programmatic or robotic or the like, to gather Points shall result in a disqualification of the Member from the Program. Shoebuy.com, Inc. in its sole discretion, reserves the right to disqualify and terminate participation of any Member or other user of the Participating Website found to be: (i) tampering with the operation of the Program, or the Participating Website; (ii) acting in violation of the Terms & Condition; (iii) violating the terms of use of the our websites; (iv) acting in an unethical or disruptive manner; (v) acting with intent to annoy, abuse, threaten, or harass Shoebuy.com, Inc., their representatives, or any other Member in any manner related to the Program; (vi) tampering with, altering, or attempting to alter any medium that reflects the amount of Points a Member has accrued; or (vii) tampering with, altering, attempting to alter, creating, attempting to create, or duplicating the medium that reflects the amount of Points a Member has accrued. A Member committing any of the foregoing violations shall, at our sole discretion, forfeit the Points earned from illegal or fraudulent means.

LIMITATIONS OF LIABILITY

THIS REWARDS PROGRAM AND ALL REWARDS ARE PROVIDED ON AN "AS-IS" BASIS AND WITHOUT WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Shoebuy.com, Inc. and Platform Provider are not responsible or liable for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) a Member's use of the Participating Website, Points, or Rewards; (c) for typographical, printing, or other errors in the offer or administration of the Program; (d) errors, irregularities, or failures in: (i) awarding, accumulating, receiving, redeeming, or using Points; (ii) advertising; or (iii) accessing the Program; (e) mistakes in or changes to the Terms & Conditions, the selection, notification, or announcement of the Points or the distribution of Rewards; (f) any direct or indirect damage(s), loss(es), expense(s), or injury(ies) relating to or arising out of the design, manufacture, or use of any Rewards; or (g) any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Program, or by any technical or human error which may occur in the processing of submissions in the Program. Shoebuy.com, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, Points or Point accruing activities. Shoebuy.com, Inc. is not responsible for any problems, failures, or technical malfunction of any online systems, servers, or providers, computer equipment, hardware/software, players, or browsers, failure of email or Points or Point accruing activities due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating in or downloading materials from the Program.

OTHER TERMS

All federal, state, and local laws and regulations apply. Program void where prohibited by law. Any tax liability connected with receipt or use of Points or Rewards are the Member's sole responsibility. Once a Member accumulates $600 (US dollars) worth of Points, whether or not those Points are redeemed and used for Rewards or accumulated over an extended period of time, the Member may be required to complete an Affidavit and Release, with Points subject to forfeiture if not returned within the stated time. Points or Rewards are not transferable in the event of death, as part of a domestic relations matter, or for any other reason. The sale or barter of any Points is prohibited.

MISCELLANEOUS

By participating in the Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions. If any provision of these Terms & Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW

These Terms and Conditions are governed by the law of The Commonwealth of Massachusetts, without regard to principles of conflict of laws, shall govern these Terms & Conditions and any dispute that may arise between you and Shoebuy.com, Inc. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms & Conditions is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms & Conditions shall nevertheless remain in full force and effect.

These Terms & Conditions constitute the entire agreement between Member and Shoebuy.com, Inc. relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between Member and Shoebuy.com, Inc. with respect to such subject matter. These Terms & Conditions may not be changed, waived or modified except by Shoebuy.com, Inc. as provided herein or otherwise by written instrument signed by Shoebuy.com, Inc. These Terms & Conditions or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by a Member except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Shoebuy.com, Inc. may assign, transfer, or delegate these Terms & Conditions or any right or obligation or remedy hereunder in its sole discretion.

Shoebuy.com, Inc. reserves the right to limit, delete or change any of the rules, terms, conditions, and benefits of the Program at its sole discretion, with or without notice. Interpretation of these Terms and Conditions shall be at the sole discretion of Shoebuy.com, Inc., whose decision will be final. Shoebuy.com, Inc. has the right to close a Member's Rewards Account for any reason.

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