Terms and Conditions of Use

These Terms and Conditions of Use (“Terms”) govern your access to and use of biggerthansneakers.org (the “Site”), which is owned and operated by Bigger Than Sneakers (“we”, “us”, or “our”). Bigger Than Sneakers is a nonprofit organization located in Ohio. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Site.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.

This Site and its content are intended for users who are at least 13 years of age. By accessing or using this Site, you represent and warrant that you are at least 13 years of age. If you are under the age of 18, you must have parental consent to use this Site.

Content and Proprietary Rights

All content on this Site, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the compilation of all content on the Site, is the property of Bigger Than Sneakers or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The trademarks, service marks, logos, and trade names displayed on the Site are registered and unregistered trademarks of Bigger Than Sneakers and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Bigger Than Sneakers or the third party that owns the trademark.

Except as expressly provided in these Terms, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial purpose without Bigger Than Sneakers’ express prior written consent.

Site Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Bigger Than Sneakers that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

In addition, you are prohibited from:

Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
Taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Bypassing any measures we may use to prevent or restrict access to the Site;
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
Attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.

Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing

Third-Party Links and Content

The Site may contain links to third-party websites or services that are not owned or controlled by Bigger Than Sneakers. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Bigger Than Sneakers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Disclaimer of Warranties

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIGGER THAN SNEAKERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BIGGER THAN SNEAKERS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGGER THAN SNEAKERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability

IN NO EVENT SHALL BIGGER THAN SNEAKERS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (iii) ANY CONTENT OBTAINED FROM THE SITE; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, BIGGER THAN SNEAKERS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Bigger Than Sneakers, its directors, officers, employees, agents, partners, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Dispute Resolution

To the extent permitted by law, any claim or dispute arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration in accordance with the arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Ohio. Each party shall bear its own costs in the arbitration, and shall share equally the costs of the arbitrator and arbitration proceedings.

The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to these Terms; provided, however, that a party may seek a preliminary injunction or other preliminary judicial relief if in its judgment such action is necessary to avoid irreparable damage.

Copyright Infringement

If you believe that any material on our Site infringes upon your copyright, please notify us by
providing 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 Site;
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 copyright owner or authorized to act on the copyright owner’s behalf.

Miscellaneous

These Terms constitute the entire agreement between you and Bigger Than Sneakers regarding your use of the Site, superseding any prior agreements between you and Bigger Than Sneakers relating to your use of the Site. The failure of Bigger Than Sneakers to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

You may not assign or otherwise transfer these Terms or any rights or obligations under these Terms without the prior written consent of Bigger Than Sneakers. Bigger Than Sneakers may freely assign or otherwise transfer these Terms without restriction.

Contact Information

If you have any questions about these Terms, please contact us at:

Bigger Than Sneakers
2643 Erie Ave.
Cincinnati, OH 45208
info@biggerthansneakers.org