"Affiliates" refers to companies and divisions under the ownership of Steven Madden, Ltd. or that own Steven Madden, Ltd.
"Content" includes all Text, Graphics, Design and Programming used on the Website.
"Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.
Steve Madden is one of the most iconic fashion brands in America, offering trendsetting shoes, as well as accessories such as watches, jewelry, handbags, belts, sunwear, cold weather, outerwear and hosiery. To read more about us, please view our "About Us page, located at www.stevemadden.com/about. This Website has e-commerce functions and is intended to facilitate the offering for sale of our products by Steve Madden, as well as to provide access to other informational and promotional materials. A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to shopping on the Website. The Website may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Website, unless you have our express written consent.
Certain functions of the Website may require registration, including purchasing products and posting reviews. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time. You may access your account at My Account.
Products displayed on the Website may also be available in Steve Madden stores, while supplies last.
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will continue to be available. You may not purchase any item from this Website for resale by you or any other person, and you may not resell any item purchased from this Website.
You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. However, Steve Madden reserves the right to decline your order at its sole discretion, at any time, whether you have received a confirmation or your credit card has been charged. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if we need more information. If your order is declined, we will credit your credit card for any amount charged with respect to such order. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
We want to make sure that you are satisfied with the products purchased on the Website. We gladly accept returns of unworn merchandise within 30 days of delivery. This excludes clearance items and earrings, which may not be returned or exchanged. Gift Cards and E-Gift Cards cannot be returned or redeemed for cash. Please see our refund and exchange policies.
If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.
In order to facilitate communications between you and Steve Madden, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. Steve Madden shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Website. Any information, materials, suggestions, ideas or comments you send to us (collectively, "Submissions") will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you, subject to the Privacy Notice. You also acknowledge that we may use your Submissions and any ideas, concepts or knowhow contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.
Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions:
You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
Steve Madden may offer features through the Steve Madden Website that enable you to post information and materials publicly, for example, in reviews, chat areas, and other similar forums (collectively, "Forums"). All of the rules of conduct described in the Submission section above apply to the Forums. We reserve the right, at our sole discretion, to edit any Submission to the Forums and to choose to include or not include such Submission in the Forums or otherwise on the Website.
The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content in the Forums, including such content's accuracy, reliability or compliance with copyright or other laws, as further set forth below. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Steve Madden, and Steve Madden does not endorse any such opinions, statements or materials.
Steve Madden does not assume any obligation to review or monitor the content or other information submitted to the Website by third parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Website's designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached at:
Steve Madden Direct
7365 Main Street, #204
Stratford, CT 06614-1300
Attn: Director of Customer Service
or by e-mail at [email protected].
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:
THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Your use of this Website and products, and/OR reliance on any of its content is at your own risk.
Steve Madden does not warrant that the functions or content contained in this Website will be uninterrupted, Accurate or error-free. You and not Steve Madden assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of this Website or its content. Steve Madden DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING the USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND Steve Madden MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME with or without notice.
NEITHER Steve Madden NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.
IN NO EVENT SHALL STEVE MADDEN AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STEVE MADDEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF STEVE MADDEN TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH STEVE MADDEN SHALL BE LIABLE SHALL BE LIMITED TO THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE.
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Steve Madden, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website; (2) the use of any information accessed by you from this Website; and (3) the use of products sold or used from the Website.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New York, located in the county of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York County. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Steve Madden cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Steve Madden does not assume any responsibility or risk for your use of the Internet, nor does Steve Madden assume any responsibility for any products or services of, or hyperlinks to, third-parties.
Last Updated: September 11, 2013