OVERVIEW
This website is operated by Shoosty. Throughout the site, the terms “we”, “us” and “our” refer to Shoosty. Shoosty offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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 our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Shoosty, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shoosty and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at theshoe@shoosty.com.
Our contact information is posted below:
[INSERT TRADING NAME]
theshoe@shoosty.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]

General Terms and Conditions of Sale, Supply and Service

Thank you for accessing the website, mobile applications, devices and other software (collectively, the “Site”) of Shooster Publishing.com (“We”, “Us” or “Shooster Publishing”). We provide website features and other products and services to you when you visit or shop at Shooster Publishing.com, use Shooster Publishing products or services, use Shooster Publishing applications for mobile, or use software provided by Shooster Publishing in connection with any of the foregoing (collectively, “Shooster Publishing Services”). These Shooster Publishing provides the Shooster Publishing Services subject to the following General Terms and Conditions of Sale, Supply and Service and a binding agreement between you and Shooster Publishing (“Terms” or “Agreement”).

1. USE OF THE SITE AND CHANGES TO THE TERMS

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to these Terms, please do not access or use the site or any Shooster Publishing Services.

Shooster Publishing provides access to this Site subject to compliance with these Terms. Shooster Publishing provides access to this Site without charge and may terminate access it at any time for any reason and without notice. Shooster Publishing may revise these Terms at any time. Your continued use of this Site after a change to these Terms has been posted on the Site is your agreement to the revised Terms.

2. MEMBERSHIP

In order to enjoy Shooster Publishing Services, you may register your Shooster Publishing account and become a member (“Member”). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address, phone number, address and password.

You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify Shooster Publishing immediately if you become aware of any unauthorized use of your account. You may not use anyone else’s Shooster Publishing account at any time without the express permission and consent of the holder of that Shooster Publishing account. You must keep your account password secure. Shooster Publishing cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

3. CONTENT

All design, text, pictorial, logo, graphic, fonts, music, software, source code, application, video, and audio components on this Site (hereinafter referred to as “Shooster Publishing’s Content”) except Your Content defined as below, is the sole property of Shooster Publishing and/or its licensors and is protected by copyright and other intellectual property laws. All rights in this Site and Shooster Publishing’s Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of Shooster Publishing’s Content except as expressly allowed in these Terms. Shooster Publishing reserves the right to add to, delete from, or modify any part of Shooster Publishing’s Content at any time without prior notice. Any modifications to Shooster Publishing’s Content, whether by You or Shooster Publishing remain the property of Shooster Publishing and its licensors.

The design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Shooster Publishing reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Shooster Publishing customers may use the design tools to create logos that have similar or identical combinations of these elements and Shooster Publishing does not guarantee that your logo will not have similarities to logos designed and used by other parties. Shooster Publishing provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party. Shooster Publishing provides Shooster Publishing’s Content solely for your personal, non-commercial use. Any commercial use of the Site or Shooster Publishing’s Content (in whole or in part) is strictly prohibited, including the distribution, modification, publication, or sale of any Shooster Publishing’s Content.

You are solely responsible for any comments, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit, post, link or otherwise make available on or through this Site or use on any product sold or manufactured by Shooster Publishing (“User Generated Content”). You are solely responsible for ensuring that any User Generated Content you submit complies with all laws and regulations, including those related to intellectual property and privacy rights of third parties. Before submitting, posting or linking User Generated Content to this Site, you must ensure that you own all intellectual property rights to such User Generated Content or are otherwise able to grant to Shooster Publishing the following license and that your submission does not violate the privacy rights of any third party. Shooster Publishing reserves the right to refuse to publish, remove, edit, or modify any User Generated Content at any time for any reason. Shooster Publishing may monitor and review the User Generated Content you submit but is under no obligation to do so. Shooster Publishing does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained in it. If you submit, post, link or otherwise make available on or through this Site any User Generated Content you agree that it is non-confidential. By submitting User Generated Content, you grant to Shooster Publishing (including all companies in the same group of companies as Shooster Publishing) a worldwide, perpetual, non-exclusive, transferable, irrevocable, and royalty-free license to use, copy, edit, adapt, reproduce, repost, publish, publicly perform, publicly display, translate, make available, sub-license, modify and prepare derivative works of it, in part or in whole, using any means or media now known or later developed (“License”). Subject only to the License, you retain ownership of all intellectual property rights in your User Generated Content.

You agree that you will not post any User Generated Content to this Site which: (i) is unlawful, libellous, defamatory, fraudulent, false, misleading, threatening, abusive, pornographic, obscene, offensive or discriminatory by reason of age, disability, gender, marital status, race, religion and belief, sex, sexuality or other characteristic; (ii) solicits or offers business or services; (iii) is confidential; (iv) infringes the intellectual property or privacy rights of a third party; (v) impersonates anyone else or otherwise misrepresents your identity, (vi) interrupts, compromises, or interferes with this Site or any other website we operate; or (vii) is otherwise in breach of these Terms.

You may post your comment on our products on the Site. Please make sure your comment is not malicious. We have the right to display or not display your comments on the Site at our sole discretion.

Beside the above, you shall also follow Shooster Publishing’s Content Guidelines.

If you consider any Shooster Publishing’s Content or User Generated Content on this Site infringes your intellectual property or privacy rights, breaches these Terms, or is otherwise unlawful, please contact us immediately at support@Shooster Publishing.com.

4. TRADEMARK AND COPYRIGHT

All trademarks, trade names, service marks, and logos on this Site are owned by or registered to: (i) Shooster Publishing; (ii) companies in the same group of companies as Shooster Publishing; or (iii) independent third parties whose materials or technologies Shooster Publishing integrates into its products or whose services Shooster Publishing uses to support its business operations. The relevant owners or registrants of such trademarks, trade names, service marks, and logos retain all rights in them. No license or right to use any such trademarks, trade names, service marks, and logos is granted as a result of your access to this Site save to the extent necessary to allow you to display the Site properly on your device for your personal, non-commercial use.

You may view and use Shooster Publishing’s Content only for your personal information and for shopping and ordering on the site and for no other purpose. If you happen to come across any of our content hosted on a third-party site, please do not hesitate to contact us at: support@Shooster Publishing.com. The collection, arrangement, and assembly of all content on this site (the “Compilation”) belong exclusively to Shooster Publishing. You may not use Shooster Publishing’s Content or Compilation in any manner that disparages or discredits Shooster Publishing or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the “Software”) is the property of Shooster Publishing and/or its Software suppliers. The Content, the Compilation and the Software are all protected under national and international copyright laws. All rights not expressly granted are reserved by Shooster Publishing. Violators will be prosecuted to the full extent of the law.

Shooster Publishing respects intellectual property rights and follows intellectual property laws and asks that you respect the work and creative rights of others. Shooster Publishing may cancel your account and terminate providing Shooster Publishing’s Services to you once you are reported by anyone for the violation of any intellectual property law or the infringement of any third party’s right. You will be solely responsible for such violation and/or infringement.

5. PROHIBITED CONDUCT

You must not: (i) interrupt, compromise, or otherwise interfere with this Site or any other website we operate; (ii) access any data or other information which is not your own by entering into a secure Shooster Publishing server, account, file, or database; (iii) upload or transmit any virus, bug, corrupt file or link, or any other data or malicious content which could damage this Site or any other website we operate, or any of our software or equipment, or those of any third party; or (iv) attempt to do any of the actions listed in this paragraph.

6. PRODUCT DESCRIPTION AND IMAGES

Each item offered for sale on the Site has an item description and/or a referral link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on the Site.

Product images on this Site are illustrative only. Actual products available in our stores or through our ecommerce channels may differ from the images appearing on this Site.

7. PURCHASE OF PRODUCTS

You can pick the products at the product webpage and add the products into the online shopping cart. Your order is purchase of a product for which you have paid the applicable fee and/or other charges that we have accepted and received. We may choose not to accept any orders in our sole discretion.

Before ordering from us, it is your responsibility to check and determine full ability to receive the products. Correct name of the recipient, delivery address and postal code/zip code, and up-to-date telephone number are absolutely necessary to ensure successful delivery of products. All information asked on the checkout page must be filled in precisely and accurately. Shooster Publishing will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number.

8. FEES AND PAYMENT

Each product or service has its price. When you order a product, or use a service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. We do not accept bargaining online. We wish you make your best choice and enjoy your shopping experience.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Shooster Publishing for damages resulting from such unauthorized use.

Shooster Publishing at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Shooster Publishing may use or participate in.

9. TAXES

You are responsible for all applicable taxes including without limitation to VAT, customs duty and others. The taxes will be added to the total price of the product before you make the payment. Shooster Publishing may collect the applicable taxes from you and pay the taxes to the relevant tax authority.

10. SHIPPING AND DELIVERY

After you pay for the products and services and the products are produced, Shooster Publishing will have its supplier to ship the products to you. For any return of products, please refer to our Policies & Returns.

We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the product’s price and may vary depending on delivery location and/or sort of the products.

We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. You may find average time for delivery in our Orders & Shipping.

Title to the products in your order will be transferred to you when the products leave the warehouse of Shooster Publishing or Shooster Publishing’s supplier and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you upon the delivery of the products to the carrier. By placing an order on this Site, you authorize Shooster Publishing or Shooster Publishing’s supplier to engage third party shipping services on your behalf.

11. LIMITED WARRANTY ON PRODUCTS

We provide limited warranty on our products. Please refer to our Product Warranty Policy for details when it applies to you.

We unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.

12. LINKS

This Site may contain links to a third party’s websites not under Shooster Publishing’s control. Shooster Publishing has no responsibility for, and does not endorse, any linked websites. Linked websites may have their own terms of use and privacy policies which govern access and use. Shooster Publishing is not liable for any damages or obligations you incur as a result of any visit to any third party’s website. Third party websites may contain links to this Site. Shooster Publishing does not endorse any website which links to this Site, nor is Shooster Publishing affiliated with any such website. If you have accessed this Site by clicking a link from a third party’s website, your access to and use of this Site is governed by these Terms, not those of the third party’s website from which you linked.

13. PRIVACY

If you submit any personal data of yourself or any other person (such as your customer) to Shooster Publishing through this Site, Shooster Publishing will use it in accordance with the terms of our Privacy Policy.

14. INDEMNITY

You agree to indemnify and hold Shooster Publishing, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Shooster Publishing by any third party due to or arising out of or in connection with your use of Shooster Publishing Services.

15. WEBSITE SECURITY

Shooster Publishing takes reasonable steps to protect personal information from misuse, loss, unauthorized use, modification or disclosure, but Shooster Publishing does not warrant and cannot ensure the security of any information which you transmit. We maintain physical, electronic, and procedural safeguards designed to help us protect your non-public personal information. When you establish an account at Shooster Publishing, you choose a password to help protect your account information. A password is only as strong as you make it: you should select a unique password and keep it safe. You may change the password as often as you wish by going to “the settings”.

With respect to certain website hosting and other products and services provided to you, we may obtain access to data about your end users or customers. We generally process and use such end user and customer data on your behalf and under your instructions in accordance with our role as a mere processor of any such information on your behalf.

16. DISCLAIMER

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Shooster Publishing MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. Shooster Publishing DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Shooster Publishing DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT.

Shooster Publishing MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.

INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Shooster Publishing AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

17. LIMITATION OF LIABILITY

If you are a consumer user (that is, accessing or using this Site in a personal capacity and not in the course of any business or trade), Shooster Publishing and its directors, officers, employees, agents, affiliates, licensors, manufacturers, and/or suppliers will not be liable to you for any loss or damage you suffer as a result of your access to or use of this Site which Shooster Publishing could not reasonably foresee as a consequence of your access to or use of this Site.

If you are a business user (that is, accessing or using this Site in a business or trade capacity), Shooster Publishing and its directors, officers, employees, agents, affiliates, licensors, manufacturers, and/or suppliers will not be liable to you for any loss or damage you suffer as a result of your access to or use of this Site which is indirect, special, consequential or punitive, or in the following categories (in each case whether direct or indirect): (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of or damage to data; or (v) loss of business opportunity, goodwill or reputation.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for Shooster Publishing to do so. If those consumer guarantees apply to you, and Shooster Publishing cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Shooster Publishing: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Shooster Publishing to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Nothing in this clause excludes or limits Shooster Publishing’s liability for death or personal injury caused by its negligence. If the country in which you are located does not allow any of the limitations or exclusions of liability set out in this paragraph, they will be dis-applied solely to the extent necessary to render this paragraph compatible with that country’s law.

18. VIOLATION OF THESE TERMS OF USE

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Shooster Publishing’s rights or property, or the rights or property of visitors to or users of the Site, including Shooster Publishing’s customers. Shooster Publishing reserves the right at all times to disclose any information that Shooster Publishing deems necessary to comply with any applicable law, regulation, legal process or governmental request. Shooster Publishing also may disclose your information when Shooster Publishing determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Shooster Publishing may preserve any transmittal or communication by you with Shooster Publishing through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Shooster Publishing determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Shooster Publishing, its employees, users of or visitors to the Site, and the public.

You agree that Shooster Publishing may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Shooster Publishing, for which monetary damages would be inadequate, and you consent to Shooster Publishing obtaining any injunctive or equitable relief that Shooster Publishing deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Shooster Publishing may have at law or in equity.

You agree that Shooster Publishing may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Shooster Publishing does take any legal action against you as a result of your violation of these Terms of Use, Shooster Publishing will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Shooster Publishing. You agree that Shooster Publishing will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

19. FORCE MAJEURE

Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Shooster Publishing) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.

20. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

20.1 The party you are contracting with and the seller of the products and services offered and sold on this Site is Nova Tomato Limited, a private company with limited liability incorporated under the laws of Hong Kong.

20.2 These Terms are governed by and shall be interpreted in accordance with the laws of the Hong Kong. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Terms.

20.3 Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Hong Kong. You agree to submit to the jurisdiction of the courts located in Hong Kong and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not assert, in any legal action or proceeding involving Shooster Publishing, that a court sitting in Hong Kong is an inconvenient forum for such legal action or proceeding.

20.4 Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Shooster Publishing, and Shooster Publishing ‘s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these Terms or any additional terms limits any consumer legal rights which may not be waived by contract.

20.5 The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be accessed here: http://ec.europa.eu/odr We are not willing to enter into a dispute resolution proceeding before the SGC (the Dutch Foundation for Consumer Complaints Boards).

21. SITE FEEDBACK

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Shooster Publishing in connection with the operation or content of this Site shall be provided by the submitter and received by Shooster Publishing on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Shooster Publishing. By submitting any such information to Shooster Publishing, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Shooster Publishing shall be free to use such information on an unrestricted basis.

22. MISCELLANEOUS

If any provision of these Terms is deemed illegal, void or unenforceable, the remainder of these Terms shall remain fully operative.

Shooster Publishing at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services.

If you have any questions about this Agreement, please email us at theshoe@shoosty.com.