Terms & Conditions
This Site is operated by Keds, LLC, and its affiliates (collectively referred to as "Keds," "we," or "our"). We may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and 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. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Keds. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Keds.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents from the Site.
Restriction of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KEDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF, OR THE INABILITY TO USE, THE SITE AND ANY MATERIALS LOCATED ON THE SITE; ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF MATERIALS ON THE SITE; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ANY MATERIALS SUBMITTED BY YOU ON THE SITE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT ALLOWED BY LAW, KEDS' TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
By submitting a video, photo, artwork, story or idea, you hereby grant to Keds a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-excusable right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or information posted on the Site (collectively, the "Material"), and/or to incorporate it into other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentially, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material; and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.
Keds will review all submissions and will not post any material it deems offensive, inappropriate for a family audience, or detrimental to the Keds brand.
A video, photo, or other submission will be rejected if:
- It does not meet the time, file size, file format or character count restrictions.
- It contains information proven to be false, copyrighted or copied from another source.
- It mentions personal information beyond first name or city/state.
- It can be inferred that the person submitting the video is not the person in the video.
- It contains subjects, content or individuals that could be seen as objectionable to or unrepresentative of Keds and its partners.
Keds reserves the right to reject previously published or copyrighted materials, such as, but not limited to, those in major publications, in magazines, on retail websites, on television, etc.
By submitting a video or writing, Users will represent: (a) that the story/video/photo/artwork/idea is User's own original work that has not previously been published or publicly shown or won a prize or award; (b) all rights to the story/video/photo/artwork belong to User and the story/video/photo/artwork/idea does not infringe, misappropriate or violate the rights of any third party including, but not limited to, copyright, trademark or other intellectual property rights, rights of publicity or privacy or defamation, or portrayal in a false light.
All submissions including story/video/photo/artwork/idea become the property of Keds and will not be acknowledged or returned. Users acknowledge and agree that their submitted creations become the property of Keds, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use submitted creations in any way they see fit in connection with advertising or promoting Keds products in any medium, including being featured on any Keds website, throughout the world, in perpetuity. Submission of video or writing further constitutes the User's consent to irrevocably assign and transfer to Keds any and all rights, title and interest in the entry, including without limitation, all rights in copyright. User shall have no right to review or approve edits, alterations or modifications, and the User waives the benefit of any provision of law known as "word rights". No information regarding submissions or the approval process will be disclosed. Keds reserves the right to select some, but not necessarily all, of the submissions to be posted at www.keds.com and/or its related Sites. Under no circumstances will Keds be liable in any way for any Material, including, but not limited to, any errors or omissions in any Material or any loss or damage of any kind incurred as a result of the use of any Material posted, emailed, transmitted or otherwise made available via the Keds Site.
If you believe any content or any other aspect of Keds sites infringe your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Keds sites;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Keds sites may be reached at the following address:
Attention: Vice President Marketing Corporate Communications
191 Spring Street, Lexington, MA 02421
With copy to: Keds Legal Department at the same address.
Indemnification and Release
You agree to defend, indemnify and hold Keds harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. Furthermore, you here irrevocably and forever release Keds (and Keds's officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of, including any submissions of Material to, the Site.
This Agreement is effective unless and until terminated by either you or Keds. You may terminate this Agreement at any time. Keds may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Keds' sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Keds, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT, TO THE EXTENT ALLOWED BY LAW, KEDS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Keds products and services available in the United States and select foreign markets. This Site is controlled and operated by Keds from its offices in Lexington, Massachusetts.
This Agreement shall governed by and construed in accordance with laws of the Commonwealth of Massachusetts, United States of America, without giving effect to any principles of conflicts of law, which shall have exclusive jurisdiction over any claims hereunder. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed stricken from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties.