Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE BETSEYJOHNSON.COM WEBSITE (the “Site” OR “BetseyJohnson.com”). THIS SITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE, ARE OFFERED TO YOU, CONDITIONED UPON YOUR ACCEPTANCE OF ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES STATED HEREIN. YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR AGREEMENT AND ACCEPTANCE TO THESE TERMS OF USE. THIS SITE IS OPERATED BY STEVEN MADDEN, LTD. THROUGHOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO STEVEN MADDEN, LTD.

Accuracy, Completeness and Timeliness of Information on This Site

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to this Site.

The content of this Site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, design, logos, icons, images, software downloads, photos, video, audio visual recordings, graphics, music and sound, as well as the arrangement thereof. The selection, coordination, arrangement, and enhancement of such content are protected by copyright. All of the content is the exclusive property of and owned by Steven Madden, Ltd., its licensors or its content providers and is protected by copyright, trademark and other applicable laws and use of any of our trademarks, service marks, or names.

You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Steven Madden, Ltd., is expressly prohibited. Steven Madden, Ltd. reserves the right to refuse or cancel any person’s registration to this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Steven Madden, Ltd., its licensors and content providers, as applicable, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Steven Madden, Ltd.’s sole discretion. Steven Madden, Ltd. neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Steven Madden, Ltd.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Steven Madden, Ltd. reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Steven Madden, Ltd. may be entitled, at law or in equity.

Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, customer reviews, suggestions, ideas or other information you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you grant to us a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You grant to us worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license to use, reproduce, distribute (through multiple tiers), adapt (including, without limitation, edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions (through the Forums described below or otherwise 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 materials regarding any Submission that you may have under any applicable law or under any legal theory.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SUBMISSIONS (INCLUDING FORUMS) OR OTHERWISE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

Forums

BetseyJohnson.com may offer features through this Site, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as “Forums”), that enable you to post information and materials publicly. All of the rules of conduct described in the Submissions Section above apply to the Forums. You may not use the Forums for any commercial purposes, including, without limitation, the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other Site visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

Mobile Marketing

While we do not currently engage in mobile marketing, you may at some point be able to sign up to receive communications about our products through your mobile device by submitting your mobile telephone number on this Site. You will need to affirmatively opt-in in order to receive such communications. If you choose to use this feature, we will send you communications about our products and promotions by text message and voice message. You will, of course, be able to opt out of receiving these communications at any time by contacting us as specified in the "Contact Us" section below. BetseyJohnson.com will not charge you to unsubscribe. Depending on the terms of your mobile phone contract, you may incur charges for receiving and sending text messages on your mobile device. BetseyJohnson.com would not be responsible for these charges.

Hyperlinks

This Site may contain hyper-links to other websites, some of which are operated by Steven Madden, Ltd. that we think you might find interesting. Such other sites are not under our control and, therefore, we have not reviewed them and we are not responsible for their content. You click through at your own risk, and we make no representation or warranties about the content, completeness or accuracy of the sites hyper-linked to this Site. A link to a Site does not imply our endorsement or approval of its content or source.

Orders, Prohibition on Reselling, and Price

The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. All prices on this Site are subject to change without notice. Prices stated at the time the order is placed apply. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. For information about our shipping and handling procedures see our Shipping Policy. BetseyJohnson.com arranges for shipment of products purchased on the Site, but we are not liable for delays in shipments as shipping schedules are estimates and cannot be guaranteed.

Security

BetseyJohnson.com protects your online order and registration information by using Secure Sockets Layer (SSL) technology. When you register, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password to access account information. In order to protect your personal information further, you should be careful about providing your password to others.

Sweepstakes, and Contests, and Similar Promotions

Any sweepstakes, contest, or similar promotion made available on the Site may be governed by specific rules. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the Terms of Use set forth herein. We urge you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Notice, which, in addition to these Terms of Use, will govern any information you submit in connection with such activities.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY.

WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. STEVEN MADDEN, LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEVEN MADDEN, LTD. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. STEVEN MADDEN, LTD. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER STEVEN MADDEN, LTD. NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, STEVEN MADDEN, LTD.’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF STEVEN MADDEN, LTD., ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER STEVEN MADDEN, LTD. NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH STEVEN MADDEN, LTD. IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND STEVEN MADDEN, LTD. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Steven Madden, Ltd. and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including/reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs arising or resulting from that disruption. Steven Madden, Ltd. reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Steven Madden, Ltd. in the defense of such matter.

Applicable Law

These Terms of Use are governed by, and interpreted pursuant to, the laws of the State of New York, notwithstanding any conflicts of law. You irrevocably consent to the personal jurisdiction of the courts located in the County of New York in connection with any dispute between you and us. You agree that the exclusive venue for any dispute arising out of or relating to these Terms of Use will be in the state and federal courts in New York City (Manhattan), New York. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this Site and the revised Terms of Use will take effect thirty days after their publication on this Site.

Last modified: July 23, 2012