BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the drmartens.com/bootdesign or dmbootdesign.com domain name, the “drmartens.com/bootdesign Website”, “dmbootdesign.com Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO THE TERMS SERVICE, INCLUDING THE TERMS AND CONDITIONS THE WEBSITE’S PRIVACY NOTICE, WHICH ARE PUBLISHED HERE, AND THE SPECIFIC TERMS AND CONDITIONS OF THE BOOT DESIGN COMMISSION AVAILABLE THROUGH THE WEBSITE. If you do not agree to any of these terms, then please do not use the Drmartens.com/boot / dmbootdeign.com design Website.

Boot Design opportunity Terms and Conditions

Upon submitting a design, providing it complies with the Terms of Service, it will be displayed on the Website where users, including the person who submitted the design, can forward the design to a 3rd party(s) of their choice, download the design, receive the design in an HTML format or rate the design based on their personal preference. Furthermore, the Designer hereby grants Airwair International the right to use the design in marketing material relating to the promotion of the campaign or related Products in all media globally. The Promoter has the right to use and publish, in whole or in part or distorted in character or form, the design, for any lawful purpose and in any media now known or hereafter developed, provided that the design is not to be used in any way that is likely to harm the Designers reputation. The Promoter reserves the right to remove a design from the site or votes for a specific design at any stage and without prior notice. Last designs accepted 28.07.08. Last votes accepted 31.07.08. The author of the design with the highest vote rating (only one rating will be accepted per person per design), or where there is more than one design with the highest rating the entry with the greatest number of ratings will be offered the opportunity to have the design produced. The second winner will be selected through a panel of judges selected by Dr. Martens. The panel will select a single design which they feel merits the opportunity of being put into production. Their decision is final and no correspondance will be entered into on this point. Both the winner selected through the voting mechanic and the winner seletced by the panel will be offered the opportunity to have their designs put into prodcution based on the following criteria:

1. Grant of Rights

In consideration of the total sum of £1000, the Designer irrevocably grant to the AirWair International Limited (“Promoter”) and its successors, the exclusive worldwide right to use their submitted design on selected footwear (”Products”).
Furthermore, the Designer hereby grants the Promoter the right to use the design in marketing material relating to the promotion of the Products in all media globally. The Promoter has the right to use and publish, in whole or in part or distorted in character or form, the design, for any lawful purpose and in any media now known or hereafter developed, provided that the design is not to be used in any way that is likely to harm the Designers reputation.

2. Manufacture of Products

The Promoter has the right to amend the design, in whole or in part or distorted in character or form it’s original form. Manufacture of the Products shall commence on 11.08.07 and shall continue for one calendar year from this date (”Term”). Distribution and sale of the Products throughout the world will be ongoing until all Products have been sold. At the end of the Term, the Promoter reserves an automatic right to a twelve month extension of the manufacture of the Products.

3. Waiver

The Designer will agree to waive all moral rights and any similar or related rights that they may have in the Artwork worldwide.

4. Confidentiality

The Designer will agree to keep confidential all details about the design and agree not to publish, in any manner or medium, comments likely to discredit the Promoter.

5. Intellectual Property Rights

For the avoidance of doubt, the designer will need to confirm that: He/She is the owner of all copyright and other intellectual property rights in and to the design he/she is the sole author of the design;
the design is original;
the design is not defamatory and does not contain any obscene or blasphemous material;
he/she has obtained any and all necessary consents and permissions in writing from any and all individuals, locations, venues and other third party property portrayed or otherwise featured in the design;
that the use of the design in accordance with this agreement shall not infringe the worldwide copyright or other worldwide intellectual property rights of any third party or create any other liability for the Promoter nor be otherwise unlawful.
By entering into this agreement, the Designer is and will not be in breach of any contractual or other pre-existing obligation binding upon them.

6. Assignment

The Designer agrees that they will not use or otherwise further license, sub-license or assign the design to any other third party for any purpose without the prior written consent of the Promoter which will not be unreasonably withheld in the event that such licence, sub-licence or assignment is for non-commercial purposes only or non-competitive with the Promoter.

7. Indemnity

The Designer will agree to indemnify the Promoter against any claims, losses, liabilities or costs as a result of any breach by the Designer of any of the terms of this Agreement.

8. Governing law and jurisdiction

These terms and conditions shall be governed by the law of England and that any dispute arising in connection with them shall be subject to the exclusive jurisdiction of the English courts. The Designer will confirm that they are happy for the Promoter to feature their name and design in accordance with the terms in this document.

9. Age restrictions

All entrants to this [promotion] must either: a) be 18 years or over; or b) provide written parental consent with their entry submission. The Promoter reserves the right in its sole discretion to disqualify any individual that corrupts or affects the administration, security, fairness, integrity or proper conduct of this [promotion].

drmartens.com/bootdesign Website Terms Of Service

These Terms of Service apply to all users of the drmartens.com/bootdesign Website, including users who are also contributors of designs. The drmartens.com/bootdesign Website may contain links to third party websites that are not owned or controlled by AirWair International Limited. AirWair International Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AirWair International Limited will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve AirWair International Limited from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave drmartens.com/bootdesign Website and to read the terms and conditions and privacy policy of each other website that you visit.

1. Website Access

1. AirWair International Limited hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without AirWair International Limited’s prior written authorisation; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
2. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the AirWair International Limited servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AirWair International Limited grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. AirWair International Limited reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
2. Intellectual Property Rights

The content on the drmartens.com/bootdesign, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (”Content”) and all the registered and unregistered trade marks, service marks and logos contained therein (”Marks”), are owned by or licensed to AirWair International Limited, subject to copyright and other intellectual property rights. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AirWair International Limited reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the drmartens.com/bootdesign Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the drmartens.com/bootdesign Website or the Content therein.

3. User Submissions

1. A. The drmartens.com/bootdesign Website permits the submission of images submitted by you and other users (”User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, AirWair International Limited does not guarantee any confidentiality with respect to any submissions.
2. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize AirWair International Limited to use all patents, trademarks, trade secrets, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to AirWair International Limited, you hereby grant AirWair International Limited a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the drmartens.com/bootdesign Website and AirWair International Limited’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the drmartens.com/bootdesign Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the drmartens.com/bootdesign Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the drmartens.com/bootdesign Website.
3. C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AirWair International Limited all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage AirWair International Limited or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. AirWair International Limited does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AirWair International Limited expressly disclaims any and all liability in connection with User Submissions. AirWair International Limited does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AirWair International Limited will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. AirWair International Limited reserves the right to remove Content and User Submissions without prior notice. AirWair International Limited will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. AirWair International Limited also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. AirWair International Limited may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
4. D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your intellectual property rights including copyrights, design rights and trade marks, you may notify AirWair International Limited’s Intellectual Property Agent and provide the following information in writing: (i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) 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 the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. AirWair International Limited ’s designated Copyright Agent to receive notifications of claimed infringement can be contacted by emailing copyright@.airwair.co.uk. For clarity, only intellectual property related infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should also be directed to questions@airwair.co.uk. E. You understand that when using the drmartens.com/bootdesign Website, you will be exposed to User Submissions from a variety of sources, and that AirWair International Limited is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AirWair International Limited with respect thereto, and agree to indemnify and hold AirWair International Limited, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. F. AirWair International Limited permits you to link to materials on the Website for personal, non-commercial purposes only. AirWair International Limited reserves the right to discontinue any aspect of the Drmartens.com/bootdesign Website at any time.
4. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE DRMARTENS.COM/BOOTDESIGN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AIRWAIR INTERNATIONAL LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AIRWAIR INTERNATIONAL LIMITED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DRMARTENS.COM/BOOTDESIGN WEBSITE. AIRWAIR INTERNATIONAL LIMITED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DRMARTENS.COM/BOOTDESIGN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AIRWAIR INTERNATIONAL LIMITED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

5. Limitation of Liability

IN NO EVENT SHALL AIRWAIR INTERNATIONAL LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY unauthorised ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DRMARTENS.COM/BOOTDESIGN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT AIRWAIT INTERNATIONAL LIMITED SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by AirWair International Limited from its facilities in the United Kingdom. AirWair International Limited makes no representations that the drmartens.com/bootdesign Website is appropriate or available for use in other locations. Those who access or use the drmartens.com/bootdesign Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Indemnity

You agree to defend, indemnify and hold harmless AirWair International Limited, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the drmartens.com/bootdesign Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the drmartens.com/bootdesign Website.

7. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

8. Assignment