Welcome to Fantastic Toe, an online community that lets members organize and showcase their shoe collections (”Service”), provided by Dillweed Productions, Inc. (“Fantastic Toe”). The Service enables registrants (”Members”) to interact with friends, family, and other Members in a virtual and interconnected community. This agreement (“Terms of Use”) describes the terms of your use of the Service. By using the Fantastic Toe website (“Website”), you agree to be bound by this Terms of Use. We reserve the right to change, modify, add or delete portions of these Terms of Use or to modify any features of this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of notices regarding such changes, you agree to be bound by such changes. If you do not agree to abide by these or any future Terms of Use, please do not use or access Web site. It is your responsibility to regularly review these Terms of Use.

1. Eligibility. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate, that you are 13 years of age or older, that you have the right, authority and capacity to agree to and abide by these Terms of Use, and that your use of the Website shall not violate any applicable law or regulation. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other Members. 

2. Member Conduct. You understand that the Website is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of members from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Website or for any other purpose. Except for Content (defined below) you have posted on the Service, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only for your own personal use. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.

3. Posts. You are solely responsible for any messages, images, profiles, reviews, listings, computer routines, files, programs or any other content (”Content”) that you publish, display, or otherwise transmit directly or indirectly (”Post”) on the Service, in whatever form. You acknowledge that Fantastic Toe does not guarantee the accuracy, integrity or quality of the Content of other Members. In addition, you further acknowledge and agree that you shall not Post any Content that:

(a) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;

(b) interferes with or disrupts the Service, services connected to the Service, or otherwise interferes with operations or services of the Service in any way, including through the use of JavaScript, activeX or other coding;

(c) copies, reproduces, alters, modifies, or publicly displays any Content, or creates derivative works from the Service, to the extent that such actions would infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(d) promotes an illegal or unauthorized copy of a copyrighted work;

(e) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(f) harasses or advocates harassment of another person;

(g) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

(h) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(i) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

(j) displays pornographic or sexually explicit material of any kind;

(k) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(m) solicits passwords or personally identifiable information from Members for commercial or unlawful purposes;

(n) links to materials or other Content, directly or indirectly, to which you do not have a right to link;

(o) encourages others to violate this Agreement;

(p) violates (intentionally or unintentionally) any applicable local, state, national, or international law; or

(q) is fraudulent.

By posting Content on the Service, you automatically grant Fantastic Toe an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, distribute and display such Content in whole or in part, to prepare derivative works of, or incorporate into other works, in any form, media or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. In the event that any of the above Content is nonetheless posted on the Service and you are exposed to offensive, indecent, objectionable, or otherwise damaging Content, you agree that you shall hold Fantastic Toe harmless from and waive any right to damages related to such exposure.

4. Proprietary Rights. Fantastic Toe owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Fantastic Toe and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The Service (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service.

5. Copyright Infringement. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 Service; your address, telephone number, and e-mail address; a written 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 copyright owner or authorized to act on the copyright owner’s behalf. The Copyright Agent for notice of claims of copyright infringement can be reached as follows: by mail to Janet Lill, Dillweed Productions, 275 Concord Avenue, #2, Cambridge MA, 02138 or via email to janet@dillweedproductions.com. Any personal information you provide in your email will be used only for purposes related to your email.

6. Transactions with Others. Fantastic Toe shall not be liable for your interactions with any organizations and/or individuals on or through the Service, including but not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You understand and agree that Fantastic Toe is not responsible for any content posted by third parties. You further understand that, Fantastic Toe may, but is by no means obligated to monitor any user-generated Content as it chooses and reserves the right to remove, edit or otherwise alter Content that it deems inappropriate for any reason whatever without consent. We further reserve the right, in our sole discretion, to remove a user’s privilege to post Content on the Website.

7. Non-Commercial Use. You understand and agree that the discussion forums on the Website are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

8. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THAT FANTASTIC TOE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, WHETHER POSTED BY MEMBERS OR AS A RESULT OF ANY MALFUNCTIONING EQUIPMENT OR SOFTWARE. FANTASTIC TOE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, MEMBER COMMUNICATIONS. YOU ACKNOWLEDGE THAT FANTASTIC TOE IS ALSO NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OF ANY COMMUNICATIONS NETWORK, SERVERS OR SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, TRAFFIC CONGESTION OR ANY COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER RESULTING FROM USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL FANTASTIC TOE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE. THE SERVICE IS PROVIDED “AS-IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FANTASTIC TOE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FANTASTIC TOE DOES NEITHER GUARANTEES NOR PROMISES ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.

9. Indemnity. You agree to indemnify and hold harmless Fantastic Toe, and its directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of your use of the Service and/or any breach of these Terms of Use, or the failure to fulfill any obligations relating to your account incurred byyou. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

10. LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT IS FANTASTIC TOE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SERVICE, EVEN IF YOUR SCHOOL (IF APPLICABLE) OR RAVE HAFANSTIC TOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF FANTASTIC TOE TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, FOR USE OF THE SERVICE DURING THE TERM OF MEMBERSHIP, OR (B) $100.

11. Disputes. You are solely responsible for your interactions with other Members. Fantastic Toe is not responsible for the conduct, whether online or offline, of any Member, and specifically reserves the right, but has no obligation, to monitor disputes between you and other Members. If there is any dispute about or involving the Service, you agree that the dispute will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions and you also agree to personal jurisdiction by and venue in the state and federal courts of the Commonwealth of Massachusetts. You agree that Fantastic Toe is under no obligation to intercede in disputes between Members, or between Members and any third party. In the event of a dispute, you acknowledge and agree that you release and hold Fantastic Toe and its subsidiaries, affiliates, employees and directors harmless from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

12. Errors. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.

13. Notices. Except as otherwise stated, any notice to us shall be given by certified mail to Dillweed Productions, Inc., 275 Concord Avenue, #2, Cambridge, MA 02138, (or by e-mail to janet@dillweedproductions.com) and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.

14. Other. These Terms of Use may be terminated by either party for any reason at any time. Any provisions contained herein which, by its nature or express terms should survive, will survive the completion, expiration, termination or cancellation of these Terms of Use.  No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Fantastic Toe is intended or created by these Terms of Use. The failure by Fantastic Toe to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use contain the entire agreement between you, and Fantastic Toe regarding the use of the Service. If any provision of herein is held invalid, the remainder of these Terms of Use shall continue in full force and effect. The section titles in this agreement are for convenience only and have no legal or contractual effect.