Date of Last Revision: February 4, 2011
All intellectual property on the Website (except for User Generated Content) is owned by Converse or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the CONVERSE name, the Star and Chevron Design and the Chuck Taylor Ankle Patch) are trademarks or registered trademarks of Converse. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Converse; All rights reserved.
Website Use Restrictions
User Generated Content
“User Generated Content” is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available (“post”) on or through the Website, except to the extent the content is owned by Converse.
1. Posting Rules: User Generated Content and User Conduct
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Converse or its users to any harm or liability of any type.
Be Relevant and Constructive.
Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don’t talk about policies, future products, speculations or rumors about Converse and Converse products, or anything else off topic.
Be Courteous and Appropriate.
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Converse’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another Website user or person.
Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.
The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Website.
Do not impersonate any person or entity, including without limitation athletes or Converse employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Converse account, register a Converse account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.
2. General Rules for User Generated Content
Content is Not Prescreened
Converse does not guarantee to prescreen User Generated Content. Converse does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Converse is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Converse chooses to monitor any User Generated Content, Converse assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Converse reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Converse’s Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Converse a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Converse Website any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give Converse legally sufficient notice to Converse of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
One High Street, North Andover, MA 01845
We suggest that you consult your legal advisor before filing a DMCA notice with Converse’s copyright agent. There can be penalties for false claims under the DMCA.
Converse allows you the option to publish about the actions you take on Converse’s Website to Facebook, Twitter and other social platforms. Converse does not control which information gets disseminated on participating social platforms. You agree to allow Converse to check your Converse cookies when you are visiting participating social platforms, and allow Converse to receive information about your use of those social platforms.
User Interaction Disclaimer
You are solely responsible for your interactions with other Website users, whether online or offline in person. Converse is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. In addition, you agree to review Converse’s Privacy Safety Tips prior to using this Website. Converse is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Converse is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Converse disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Converse cannot guarantee and does not promise any specific results from use of the Website. Converse does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Converse does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Converse reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Converse shall only be liable for damages suffered by you in the event such damages result from attributable breach by Converse of its contractual obligations towards you, or in the event Nike’s liability follows from applicable statutory law.
In the event you have suffered damages in relation to our activities on the websites, our liability will be limited to
a. damage to the Converse products or to other materials;
b. reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
c. reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned. We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products. We are not liable for damages as a result of incorrect information on the Websites. In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.
This Site is controlled by Converse Netherlands B.V. from its offices in Colosseum 1, 1213 NL Hilversum, The Netherlands. This Agreement shall be construed in accordance with Dutch law, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the courts of Amsterdam in the Netherlands.
© 2012 Converse Inc. All Rights Reserved