Terms of Use

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Effective Date of this version: April 10, 2012


Thank you for visiting crocs.com. This Website is owned and operated by Crocs South Africa (PTY) Ltd., located at P.O.Box 4 Gordons Bay. Your access to and use of this Website is subject to the following Terms of Use and all applicable laws.

 

Agreement


Access to and use of this Website and its Content are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and shopping at this Website, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Website.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by email upon request. Please email us at the email address listed at the end of these Terms of Use.

ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.


Definitions


The term “Content” refers to all of the software and code comprising or used to operate this Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website.

The terms “Crocs,” “we,” “us,” and “our” refer to Crocs South Africa (PTY) Ltd

The term “Feedback” refers to the Content you post on or through this Website that is specifically about how we can improve this Website and the products and services we make available through this Website.

The terms “Personally Identifiable Information” and “PII” refer to individually identifiable information about you that could permit one to identify or contact you. Examples of PII include your name, address, and email address.

The term “Terms of Use” refer to these terms of use.

The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you post on or through our Website using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others. Examples of User-Generated Content are information you provide as part of a product review and comments you make in response to a blog post.

The term “Website” refers to crocs.com, including the Crocs online store, which is owned and operated by Crocs South Africa (PTY) Ltd

The terms “you” and “your” mean any user of this Website.

 

Minors


This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 18 years without the permission of a parent or guardian.


Product & Services Information


All references on this Website to information, materials, products, and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction.

 

Ownership


Unless otherwise indicated, this Website and all of its Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the South Africa, and all Content and intellectual property rights therein are the property of Crocs or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and its Content to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

 

Trademarks


The Crocs logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Crocs (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.


Responsibility for User-Generated Content Posted on or Through this Website


You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content.

This means that you, not Crocs, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the User-Generated Content posted on or through this Website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Website, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through this Website. The User-Generated Content posted on or through this Website expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Crocs or any person or entity associated with Crocs.

You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Website you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We may disclose and/or remove User-Generated Content. Crocs has certain rights. We have the right (but do not assume the obligation) to:

·         monitor all User-Generated Content;

·         require that you avoid certain subjects;

·         remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;

·         disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Crocs or others, or to enforce these Terms of Use; and

·         terminate your access to and use of this Website, or to modify, edit or block your transmissions thereto in our sole discretion.

·         You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.

Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:

·         &