Dr. Scholl's® DreamWalkTM Make Your Own Shoe Meanie Terms of Use

Welcome to Dr. Scholl's® DreamWalkTM Make Your Own Shoe Meanie! The following Terms of Use ("Terms") describes the terms and conditions on which Dr. Scholl's® DreamWalkTM ("DreamWalk") offers you the Make Your Own Shoe Meanie module (the "Service"). Please read these Terms before using the Service; use of the Service is conditional on your acceptance of these Terms. If you are a parent or guardian and you provide your consent to your child's use of the Service, you agree to be bound by these Terms.

The Service:

The Service permits you to create your own shoe meanies using tools and content provided by DreamWalk and to share your completed shoe meanie on your own Facebook or Twitter page. The Service is provided over the Internet using software that was created or licensed by DreamWalk. DreamWalk does not monitor the content once it is uploaded onto Facebook or Twitter and DreamWalk has limited control over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.

Eligibility:

By using the Service, you represent and warrant that you are 13 years of age or older or, if you are under 13, you agree that your parent or legal guardian has reviewed and agreed to these Terms and has agreed to your using the Service.

Content Rights and Licenses:

By using the Service you will have access to changeable shoe meanie graphics, images, and text (collectively, "Content"). Content may be provided under license by DreamWalk or by independent content providers. You acknowledge that DreamWalk and other Content providers have intellectual property rights in their respective Content. Such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You may not use the Service or the Content for a commercial purpose without the consent of DreamWalk. You agree that your creation of Content is not in any way based upon any expectation of compensation from DreamWalk. DreamWalk reserves the right to delete or restrict access to any Content at any time for any reason whatsoever, and shall not be responsible for any losses or damages arising from the deletion or restriction of any Content for any reason.

Conduct:

The Service may only be used for lawful purposes. If you share your shoe meanie on Facebook or Twitter, you shall not communicate anything which is illegal, offensive, or that violates the rights of any third party, including without limitation: copyrighted material, material judged by DreamWalk in its sole discretion to be defamatory, threatening, obscene or objectionable, material protected by trade secret or under any obligation of confidence, material that you do not have a right to transmit under any law or under contractual or fiduciary relationships, and material that promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals.

Disclaimers:

As a condition of accessing the Service, you release DreamWalk (and its officers, directors, shareholders, employees, agents and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees) of any costs, claims, damages or liability, arising out of or in any way associated with providing the Service. THE SITE IS PROVIDED "AS-IS", WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Service may become unavailable from time to time without notice. DreamWalk assumes no responsibility for any loss, damage, deletion, theft, unauthorized use, error, omission, delay or interruption in connection with any Content, user account information, links to third party websites, personally identifiable information or services offered on or through the Service. Regardless of your ownership of any Content, you acknowledge and agree that DreamWalk will not under any circumstances be liable for the use or destruction of that Content when on the Service.

Limitation of Liability:

IN NO EVENT WILL DREAMWALK OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOST PROFITS OR LOST DATA, EVEN IF DREAMWALK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SERVICE OR THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT; OR (III) ANY OTHER MATTERS RELATING TO THE SERVICE OR THE CONTENT.

Indemnity:

You agree to indemnify and hold harmless DreamWalk, Dr. Scholl's, and its directors, officers, employees, agents and partners from any loss, liability, claim, damages or demand, including attorneys' fees, made by any third party arising out of or in connection with any violation of these Terms.