Terms of Service
EFFECTIVE DATE: January 17, 2023
We encourage you to grab a strong drink or a snack, put on your favorite socks, and get ready to dive into this Terms of Service with us. Please read this page fully and carefully, as it is a legal document. (Don’t worry, it’s still as user-friendly as are our websites!)
By using our Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms of Service you must not access or use our Services.
- AGE RESTRICTIONS
The Website and Services are not intended for use by children. We do not sell products or services to children, but we do sell them (including children’s products) to adults, who can purchase them with a credit card, debit card, or other permitted payment method. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into these Terms of Service and to use the Services in accordance with these Terms.
- CHANGES TO TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. Socksmith may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Website and emailing our registered users. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
You understand that your continued use of the Website or Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.
- ABOUT SOCKSMITH
At Socksmith, our mantra is No Boring Socks! Our products are designed with love, and with self-expression in mind; then knitted with care using top-quality materials.
- PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- CHANGES TO OUR PRODUCTS OR SERVICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- USER ACCOUNTS
You may register for a user account (“Account”) on the Website. Registered users will be able to access the full array of features found on our platform. To register an Account, you will be asked to provide registration information, including your full name and email address, when signing up for an Account. You are responsible for maintaining the security and confidentiality of your Account information, including your password. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your account information secure and confidential. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete.
- PROHIBITED USES
You may use our Website and Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Socksmith, a Socksmith employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm SockSmith or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
- TERMS OF SERVICE VIOLATIONS AND TERMINATION
Any violation of these Terms of Service shall result in immediate account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of SockSmith's intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice or liability of any kind. You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the Website or by contacting us at: privacy@Socksmith.com. You acknowledge and agree that even if you discontinue your Account, we may continue to display any content that you have provided on the Services.
- INTELLECTUAL PROPERTY RIGHTS
The Services and its entire contents, features, and functionality (including but not limited to the Website, software, applications, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Socksmith, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Socksmith hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service. Further you must not use the Services for any other purposes intended to benefit a party other than you.
The Socksmith name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Socksmith or its affiliates or licensors. You must not use such marks without the prior written permission of Socksmith. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.
- PAYMENT METHODS
We offer our Services for a fee. If you choose to register an Account to purchase and access these features, we will collect payment information, such as credit card, billing address and other financial account information. In order to use these features, users must provide account information for at least one valid Payment Method, such as your credit card information. For more information on how your personal information is used
By providing Payment Method information through the Services and authorizing payments with the Payment Method, You represent, warrant, and covenant that:
- You are legally authorized to provide such information;
- You are legally authorized to make payments using the Payment Method(s);
- if You are an employee or agent of a company or person that owns the Payment Method, that User is authorized by the company or person to use the Payment Method to make payments on Socksmith; and
- such actions do not violate the terms and conditions applicable to User’s use of such Payment Method(s) or applicable law. When a User authorizes a payment using a Payment Method via the Services, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Socksmith is not liable to any user if Socksmith does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Socksmith will make commercially reasonable efforts to work with any such affected users to resolve such transactions in a manner consistent with these Terms.
Some parts of the Service are billed on a subscription basis ("Subscription(s)").
You agree to pay all fees charged to your account based on the charges and billing terms in effect as shown on the payment page on the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase and you authorize Socksmith Design or the third-party payment processing service provider that we engage to charge your credit card for any such taxes and fees.
We may also update your Payment Method information using information provided by the card networks or other payment service providers. For example, if your card number changes as a result of expiration or a lost or stolen card, we may continue to charge any replacement card number associated with your payment account. Following any update, you authorize us to continue to charge the applicable payment account(s). You remain responsible for any uncollected amounts. If your Payment Method cannot be charged for any reason, Socksmith Design reserves the right to attempt to charge your preferred Payment Method again, charge any other valid Payment Method associated with your account, suspend further product shipments until you provide a valid Payment Method, cancel any affected shipments, or terminate your Membership. All sales and payments will be in US Dollars.
- USER CONTRIBUTIONS
You may choose to provide any comments, suggestions, reviews, or other feedback about our products, Site, or Services; or any other comments, questions, images (including photographs), information, or other content or materials (collectively, “User Contributions”). If you choose to provide User Contributions to us (either directly or through any of our third-party service providers), you hereby agree that it is done so voluntarily and without any obligation of confidentiality.
By providing User Contributions, you hereby acknowledge that you have all rights necessary to grant us, a fully-paid, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use your name, and User Contributions for any purpose, including:
- The purposes of providing, maintaining, analyzing, developing, and improving our Site and Services.
- To use, reproduce, publish, translate, publicly perform and/or display (including on our Site and for purposes of our advertising and marketing), distribute, syndicate, modify, copy, and create derivative works of and from the User Contributions, and any aspect or element thereof, in and/or through any form or format, media or media channel, or technology, in each case whether now known or hereafter developed.
- You will not provide us with any User Contributions that violates any applicable laws, rules, or regulations, infringes upon or misappropriates the rights of any third party, may otherwise cause legal liability or financial harm, or may otherwise be offensive or inappropriate for our Site or Services. Without limiting any of our rights under these Terms (including our right to cancel Services), in appropriate circumstances, we may terminate your right to use our Site and Services if we deem that you have violated the preceding sentence.
- Without limiting any of our rights under these Terms, we may withhold and/or remove any review regarding our Services that contains unlawful, harassing, abusive, obscene, vulgar, or sexually explicit content, or content that is inappropriate with respect to race, gender, sexuality, or ethnicity, or that is unrelated to Services purchased or used by you.
- THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS
The Website or Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including your User Contributions.
- WARRANTY DISCLAIMER
WE PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE WEBSITE, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING ANY MOBILE APPLICATION, WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE SERVICES. IN NO EVENT WILL SOCKSMITH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SOCKSMITH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify and hold Socksmith, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless SockSmith and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.
- GOVERNING LAW
These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the State of California.
After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
You may not assign the Terms of Service, or any of its rights or obligations hereunder, without SockSmith’s prior written consent in the form of a written instrument signed by a duly authorized representative of Socksmith. Socksmith may freely assign this Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
- WAIVER AND SEVERABILITY
No waiver by Socksmith of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SockSmith to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- ACCESS OF THE SITE OUTSIDE THE UNITED STATES
Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
To access or use the Website or Services, you must and hereby represent that you are not:
- A citizen or resident of a geographic area in which access to or use of the Website or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act;
- A citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or
- An individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and Website and your license to use the Services will be immediately revoked.
- CONSENT TO USE ELECTRONIC RECORDS
In connection with the Terms of Service, you may be entitled to receive certain records from Socksmith or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.
- ENTIRE AGREEMENT
These Terms of Service, constitute the sole and entire agreement between you and Socksmith and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.
- CONTACT INFORMATION
If you have any questions, concerns, or general comments, please contact us at: email@example.com. We’re saying our ears are always open; without you, we are nothing, so give it to us!