TERMS AND CONDITIONS OF USE

This website (the “Website”) is published and maintained by Christian Louboutin Canada Inc. (hereinafter referred as “Christian Louboutin”). When you access, browse, or use this Website or any of its features you accept and agree to, without limitation or qualification, the terms and conditions set forth below (“Terms of Use”).

These Terms of Use, as it is completed by our Privacy Policy, solely govern access to and use of the Website. For the applicable terms and conditions governing online purchases made through the Website please see the Terms of Sale.

1. YOUR RIGHT TO USE THE WEBSITE AND ITS CONTENTS

The Website is only for the personal use of individuals 18 years of age or older who reside in Canada. Upon registration, you will have a unique username which will be the same as your e-mail address. Christian Louboutin will allow you to choose a password to be used in conjunction with your username to access the Website. You are not authorized to access the Website through use of any username and password other than the one under which you are registered.

You agree to

(i) provide accurate, current and complete information about you as may be prompted by any forms for the Website (“Personal Information”);
(ii) maintain and promptly update the Personal Information and any other information you provide to Christian Louboutin, to keep it accurate, current and complete;
(iii) maintain the confidentiality of your username and password to access the Website; and
(iv) accept full responsibility for all consequences of all actions initiated and all conduct that occurs under your username and password.

You may not distribute exchange, modify, sell, or transmit anything you copy from the Website, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. Access to the Website shall be strictly for personal, non-commercial purposes. As long as you comply with these Terms of Use, Christian Louboutin grants you a world-wide, non-exclusive, non-transferable, limited right to enter, display, and use the Website. You agree not to interrupt or impede or attempt to interrupt or impede the operation of the Website or any services offered through the Website in any way. Notwithstanding anything to the contrary, Christian Louboutin reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Website or any services offered through the Website. You understand and agree that Christian Louboutin may do so without any liability whatsoever.

2. CONTENT OF THE WEBSITE

Christian Louboutin may, from time to time, make newsletters, messaging services, chat services, bulletin boards, message boards, blogs, other forums, new product updates and other such services available on or through the Website (the “Services”). In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any of the Services, any materials which:

(i) restrict or inhibit any other individual from using and enjoying the Website or the Services;
(ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, federal or international law;
(iv) violate, misappropriate, infringe or pass off the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
(v) contain a virus, spyware, malware or other harmful component;
(vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind;
(vii) constitute or contain false or misleading indications of identity, origin, endorsement or statements of fact.

3. MONITORING

Nothing in this Agreement shall require Christian Louboutin to monitor or edit the Website for objectionable or infringing materials. If at any time Christian Louboutin chooses, in its sole discretion, to monitor or edit the Website, Christian Louboutin nonetheless assumes no responsibility for any submission by users unaffiliated with Christian Louboutin (“Users”), no obligation to modify or remove any inappropriate materials or information, and no responsibility for the conduct of any User. Christian Louboutin does not endorse and has no control over what Users post or submit to the Website. Christian Louboutin reserves the right, in its sole discretion, to reject, refuse to post or remove any submission, posting or other data, in whole or in part. You understand and agree that Christian Louboutin has no liability whatsoever if it refuses to post your submissions or edits, restricts or removes your submissions.

4. OWNERSHIP

Christian Louboutin does not claim any ownership rights in any audio, images, software, text, artwork, video clips and other materials (“Content”) that Users upload, transmit or post to the Website (“User Content”). However, by uploading Content to the Website, transmitting Content through using the Services, or otherwise providing Content to Christian Louboutin, you grant Christian Louboutin a world-wide, royalty-free, non-exclusive, perpetual, irrevocable and sublicensable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Website and/or the Services without any corresponding compensation to you or to any other individual. Christian Louboutin will treat any User Content as non-confidential and public. Please do not submit confidential or private information. You also agree that any other User of this Website or the Services may access, view, store or reproduce any of your Content for such User's personal use or otherwise in connection with use of the Website and/or the Services. User Content should not be accepted or construed as professional advice or instruction.

The Website also contains content owned by or licensed to Christian Louboutin ("Christian Louboutin Content”). Christian Louboutin owns and retains all rights in Christian Louboutin Content including all intellectual property rights. Christian Louboutin hereby grants you a limited, revocable, nonsublicensable license to reproduce and display Christian Louboutin Content (excluding any software code) solely for your personal, non-commercial use to view the Website and otherwise as necessary to use the Services. Otherwise, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, Christian Louboutin Content. If you download any Christian Louboutin Content from the Website, you may not remove any copyright or trademark notices or other notices that accompany it. Except as set forth above, nothing contained in this Terms Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Christian Louboutin or any third party. All licenses not expressly granted by Christian Louboutin are reserved.

5. PROHIBITED USER CONDUCT

You warrant and agree that, while using the Website and the Services, you shall not:

(i) impersonate any person or entity, whether actual or fictitious, including any Company representative or misrepresent your affiliation with any other person or entity;
(ii) insert your own or a third party's advertising, branding or other promotional material into any of the Content, or use, redistribute, republish or exploit such Content or the Service for any commercial or promotional purposes; or
(iii)attempt to gain unauthorized access to other computer systems through the Website or the Services.

You also shall not:

(i) engage in spidering, “screen scraping”, “database scraping”, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the Services, including without limitation any information residing on any server or database connected to the Website or the Services;
(ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;
(iii) use the Website or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
(iv) use the Website or the Services in violation of the intellectual property or other proprietary or legal rights of the Corporation or any third party; or
(v) use the Website or the Services in violation of any applicable law

You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Services, or any Content, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or any of the Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

6. TRADEMARKS AND COPYRIGHTS

There are a number of

(i) proprietary logos, service marks, and trademarks including, but not limited to, the CHRISTIAN LOUBOUTIN® mark and the Red Lacquered Sole mark (“Marks”); and
(ii) copyright-protected graphic images including, but not limited to, photographs and other visual depictions of Company products (“Images”) found on the Website. All of the Marks and Images are owned by, or licensed to, or otherwise authorized for use by Christian Louboutin. By making them available on the Website, Christian Louboutin is not granting you any license to utilize the Marks or Images. You acknowledge and agree that you have no rights, title, or interest in or to the Marks or the Images and that you will not adopt, use, or attempt to register any of the Marks or Images or any mark or image confusingly similar to or derived from any of the Marks or Images.

7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

You may not post, communicate, modify, distribute, make available or reproduce in any way copyrighted material, trademarks, or other proprietary materials without obtaining the prior written consent of the owner of the rights to such material. Christian Louboutin may deny access to the Website or the Services any User who is alleged to infringe another party’s intellectual property rights including, but not limited to, rights of copyright and trademark. Without limiting the foregoing, if you believe that your rights of copyright have been infringed, please provide us with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of the location on the Website of the material that you claim is infringing, as well as the date and time of the alleged infringement.
(iv) your address, telephone number, and e-mail address;
(v) a written 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; and
(vi) 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.

Christian Louboutin’s contact information for transmitting notice of claims of copyright infringement is the following: [Copyright Agent, Christian Louboutin LLC, 306 West 38th Street, 3rd Floor, New York, NY 10018, U.S.A. and by electronic mail at copyrightagent.usa@christianlouboutin.fr.]

8. SECURITY OF ELECTRONIC TRANSMISSIONS

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website or through the Services may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to Christian Louboutin does not create any reciprocal obligation or responsibility of Christian Louboutin to you.

9. LINKS TO/FROM OTHER WEBSITES

The creation and operation of a hyperlink to this Website can only be made with the prior written authorization of Christian Louboutin. However, Christian Louboutin may, without notice and in its sole discretion, temporarily or permanently, at any time, revoke any such authorization without any liability.

The Website may contain links to other Internet sites or be accessible through links from other Internet sites on the World Wide Web. Christian Louboutin provides and allows such links for your convenience only, and is not responsible for the content of any website linked to or from the Website. Links from the Website to any other website do not indicate that Christian Louboutin approves of, endorses, sponsors, or recommends that website. Christian Louboutin disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

10. DESCRIPTION AND AVAILABILITY OF PRODUCTS AND SERVICES

Christian Louboutin attempts to provide accurate descriptions and visual representations of all products displayed on the Website. However, Christian Louboutin makes no representation or warranty whatsoever as to the reliability, accuracy, timeliness, usefulness or completeness of any information or graphic images on the Website or available through the Services.

The products and Services offered on the Website may not be available or accessible in your particular state or locality. Furthermore, Christian Louboutin reserves the right to alter, modify, add or discontinue completely any of the products or Services, temporarily or permanently, at any time, in its sole discretion, without notice and without liability.

11. PERSONAL USE OF PRODUCTS AND SERVICES

The products offered for sale and sold through the Website are intended for your personal use only, and not for resale. By placing an order through the Website, you warrant that you are purchasing the product(s) only for personal use. Christian Louboutin, in its sole discretion, reserves the right to refuse to fill any orders which it believes are intended for resale.

12. RIGHT TO CHANGE THESE TERMS OF USE OR WEBSITE CONTENT

Christian Louboutin may add to, change, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms posted on the Website apply as soon as they are posted. By continuing to use the Website after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, Christian Louboutin may add, change, discontinue, remove, or suspend any other Content posted on the Website, including features and specifications of products described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability.

13. DISCLAIMER OF WARRANTIES AND DAMAGES

YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHRISTIAN LOUBOUTIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, CHRISTIAN LOUBOUTIN DOES NOT WARRANT THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE OR THE SERVICES.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF CHRISTIAN LOUBOUTIN, ITS AGENTS OR SERVICE PROVIDERS, SHALL CHRISTIAN LOUBOUTIN, ITS AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE SITE, EVEN IF CHRISTIAN LOUBOUTIN OR ANY OF ITS AGENTS OR SERVICE PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CHRISTIAN LOUBOUTIN, ITS AGENT OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

15. GENERAL PROVISIONS

Christian Louboutin’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Christian Louboutin may assign its rights and duties under these Terms Use to any party at any time without notice to you.

If, for any reason, a court of competent jurisdiction finds any provision of these Terms Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms of Use. These Terms Use shall be governed by and construed in accordance with the laws of the State of New York without reference to its conflicts of law rules. Furthermore, you agree and consent to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in New York County, New York.