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TERMS OF USE AGREEMENT

Last Updated: July 2010

1. Terms of Use Agreement
This Website, http://www.dcshoes.com/community ("Website"), is hosted by DC Shoes, Inc. and its parent, Quiksilver, Inc., and its and their subsidiaries and affiliates (collectively, "DC Shoes").
By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement ("Agreement") and any and all rules, guidelines and directions found throughout this Website. Please read this Agreement carefully. This Agreement applies to all users of the Website, including users who are viewers of material on the Website and users who register for the Website as set forth below ("DC Community Members").
By using the Website you also represent that you are at least 13 years old. DC Shoes does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. YOU MAY NOT USE OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13.
In addition, when you use any current or future version of the Website or any other DC Shoes Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.
2. User Content
The Website enables DC Community Members to make content available to other users, including, without limitation, comments, communications, hyperlinks, music, animation, text, graphics, images, audio and video (collectively, "User Content"). DC Community Members retain all rights to any and all User Content that they upload. Each DC Community Member shall be solely responsible for his or her own User Content and the consequences of posting or publishing such User Content to the Website. By publishing User Content to the Website, you acknowledge that such content can be viewed and accessed by any visitor to the Website, including users who are not DC Community Members, and that DC Shoes cannot control and is not responsible for any third-party use of any User Content posted or published to the Website. DC Shoes reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Website.
In connection with User Content that you make available on the Website, you expressly represent and warrant that you own or have the necessary licenses, rights, authority, consents, and permissions to use and authorize DC Shoes to use all trademark, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content as part of the Website under this Agreement. By submitting, posting, uploading, emailing or otherwise providing User Content to the Website, you hereby grant (or warrant that the owner of such rights has expressly granted) DC Shoes a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and fully transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Content. By using the Website and uploading User Content, you represent and warrant that all intellectual property and other rights to the User Content you submit have been waived. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under this Agreement.
Content on the Website, including but not limited to User Content, is meant for all audiences. You understand that you will be exposed to User Content from a variety of DC Community Members and that DC Shoes is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is 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 DC Shoes with respect thereto.
3. Prohibited Content
The following are examples of User Content that is illegal or prohibited to post or publish to the Website: (1) content that is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (2)content that harasses or advocates harassment of another person; (3) content that exploits people in a sexual or violent manner; (4) content that contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; (5) content that solicits or is designed to solicit personal information from anyone under 18 years old; (6) content that publicly posts information that poses or creates a privacy or security risk to any person; (7) content that constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (8) content that constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (9) content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; (10) content that contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (11) content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (12) content that solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other DC Community Members; (13) content that involves commercial activities and/or sales without prior written consent from DC Shoes such as contests, sweepstakes, barter, advertising, or pyramid schemes; (14) content that includes a photograph or video of another person that you have posted without that person's consent; (15) content that violates or attempts to violate privacy, publicity, copyright, trademark, contract or any other rights of any person.
4. Registration
You do not have to register to view the Website. However, you must register in order to become a DC Community Member and access the full features of the Website. Only DC Community Members are permitted to create profiles, select avatars, post messages and comments, and post, upload and comment on User Content. To register, you must create a user account, which includes a user name and password. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is offensive, vulgar, obscene or attempts to impersonate another person. You may never use another DC Community Member's account without permission from that DC Community Member. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DC Shoes immediately of any breach of security or unauthorized use of your account. DC Shoes will not be liable for any losses caused by any unauthorized use of your account.
DC Shoes reserves the right to refuse registration or terminate a DC Community Member's user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time.
5. User Comments
We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through the Website, e-mail, facsimile, U.S. mail or by other means, shall be and remain the exclusive property of DC Shoes. Your submission of any such Comments shall constitute an irrevocable assignment to DC Shoes of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, DC Shoes and its parent, subsidiaries and affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
6. Privacy
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.
7. Trademarks
DC Shoes is a registered trademark of DC Shoes, Inc. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all DC Shoes or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to DC Shoes or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark of DC Shoes or any third party.
8. Copyright
All copyright rights in the text, images, photographs, graphics, user interface, music, video and other content provided on the Website, except User Content, and the selection, coordination, and arrangement of such content, are owned by DC Shoes or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website, except User Content, for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of DC Shoes or any third party, except in the case of User Content, as expressly provided for in this Agreement.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of DC Shoes or its lawful successors and assigns.
For usage permission, please contact us via e-mail at HYPERLINK "mailto:privacypolicy@dcshoes.com" privacypolicy@dcshoes.com.
9. Notice of Copyright Infringement
DC Shoes respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide DC Shoes' Copyright Agent with the following information:
(1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the Website that is requested to be removed; (3) Your name, address, and daytime telephone number, and an email address if available, so that DC Shoes may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
DC Shoes' Copyright Agent for notice of claims of copyright infringement on the Website is Quiksilver Americas’ General Counsel, who can be reached as follows:
General Counsel
15202 Graham Street
Huntington Beach, CA 92649

10. License and Website Access
DC Shoes grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DC Shoes. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DC Shoes. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DC Shoes and its parent, subsidiaries or affiliates without express written consent of DC Shoes. You may not use meta tags or any other hidden text using DC Shoes' name or trademarks without the express written consent of DC Shoes. Any unauthorized use will immediately terminate the permission or license granted by DC Shoes.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DC Shoes so long as the link does not portray DC Shoes or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by DC Shoes in its sole discretion. You may not use any DC Shoes logo or other proprietary graphic or trademark as part of the link without express written permission of DC Shoes. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by "deep linking," or otherwise, without prior written permission from DC Shoes.
11. Third Party and Co-Branded Websites
The Website may contain hyperlinks ("links") to websites operated by persons or entities other than DC Shoes ("third-party Websites") or to co-branded websites operated by a third party, including affiliates ("co-branded Websites"). We provide such links for your reference and convenience only. A link from DC Shoes or any DC Community Member to a third-party Website does not imply or mean that DC Shoes endorses the content on that third-party or co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Websites to which you might link from our Website. DC SHOES IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
12. Your Responsibilities
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from DC Shoes. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Website or any co-branded Website will be accurate, complete, and current.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.
13. Termination or Restriction
DC Shoes may terminate or restrict your access to all or any part of this Website at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of this Website at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty disclaimers and indemnity limitations, shall survive any such termination.
14. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE WEBSITE IS PROVIDED BY DC SHOES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DC SHOES MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DC SHOES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL DC SHOES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO DC SHOES THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Applicable Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of the choice of law rules or principals. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Orange County, California for any claim or action arising out of or relating to this Agreement or your use of the Website. You agree that DC Shoes shall be deemed solely based in the State of California, the Website shall be deemed a passive website that does not give rise to personal jurisdiction over DC Shoes, either specific or general, in jurisdictions other than the State of California. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED.
Any dispute relating in any way to your visit to the Website or use of the Website shall be submitted to confidential arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of DC Shoes or its parent, subsidiaries or affiliates, DC Shoes may seek injunctive or other appropriate relief in any state or federal court in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
16 Indemnification
You agree to defend, indemnify, and hold harmless DC Shoes and its parent, subsidiaries, affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by DC Shoes arising out of or relating to your use of the Website, your violation of this Agreement, or your violation, alleged or actual, of any rights of another user, your violation, alleged or actual, of any third party right, including, without limitation, any copyright, property, or privacy right (collectively "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, expenses or damages resulting from the foregoing to both a third party and to DC Shoes from any Claims (but by doing so shall not waive your indemnity obligations provided for herein), and you shall be solely responsible for the payment of all reasonable attorneys' fees incurred by DC Shoes in connection therewith. You shall not, without the prior express written approval of DC Shoes, settle, dispose of or enter into any proposed settlement or resolution of any Claims (whether having been finally adjudicated or otherwise) brought against you if such settlement or resolution results in any obligation or liability for DC Shoes. This defense and indemnification obligation will survive this Agreement and your use of the Website.
17. Miscellaneous Legal Provisions
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DC Shoes without restriction.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DC Shoes as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of DC Shoes' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by DC Shoes with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of DC Shoes to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Website and its content, and supersedes any prior or contemporaneous communications between DC Shoes and you regarding the Website and its contents.
All rights not expressly granted herein are hereby reserved to DC Shoes.
Last Revised November 2009

 

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DC SHOES COMMUNITY WEBSITE PRIVACY POLICY

We, DC Shoes, Inc. ("DC"), are strongly committed to protecting your privacy and providing a safe online experience for all of our users and subscribers while offering the highest quality user experience to them. Because we gather certain types of information about and from you, our users and subscribers, in order to fulfill your requests and better serve your needs, we feel you should fully understand the terms and conditions surrounding the collection and use of this information. This Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline. Please read the complete Privacy Policy below, as well as our Terms of Use, and contact us if you have any questions.

WHAT INFORMATION DO WE COLLECT ABOUT YOU?
You can use the DC Website without having an account. You can visit the DC Website, read articles and other materials, browse merchandise and check on offerings without giving us any personally identifiable information. You can also contact us about a particular video, picture, audio file or other posting without having an account. Certain other activities on the DC Website, such as uploading pictures and videos, posting comments, or creating blogging updates, requires you to have an account. We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access. An account allows you to access many of our services that require registration.

Whether or not you register, in order to provide users and subscribers with the most efficient and enhanced personalized service and attention, we may request information about you in certain circumstances and collect certain information automatically. We also use contact lists and other information which are obtained from third parties. For the convenience of all of our customers and to better serve you, we create and maintain a customer account that includes all the collected personal information we may have with respect to an individual. You can update or correct your contact information or change your preferences about receiving offers and information from us at any time, including changing your preferences about sharing information with third parties.

Information You Volunteer
We collect personally identifiable information that you volunteer to us (such as your name, mailing address, e-mail address, phone number, age, gender, hobbies, family information and/or similar demographic information), when you subscribe to, or create an account with, the DC Website, place an order through the DC Website (see the section below for more information on subscriptions, account management and orders), enter a contest or sweepstakes through the DC Website, request a catalog or voluntarily register on the DC Website. Often this additional information is optional or requested anonymously in connection with a survey. Website visitors may register to receive our e-mail updates, or enter online contests and sweepstakes. Registration may also be required to participate in certain message boards, bulletin boards, chat rooms or surveys available on our Website. Sometimes registration can be accomplished by submitting only a user name and password. Other offerings may require the submission of additional information. For example, our Website may ask which disciplines you enjoy most, surfing, skating or snowboarding. Registration forms will indicate what information is required and what information (if any) is optional.

Information Collected Automatically
We may also automatically collect your IP and referring Website addresses, browser type, domain name and Website access times. This information helps facilitate your online experience on our Website. In addition, we use cookies to track usage patterns on our Website and to control the display of ads, as well as to offer other functionalities (such as screening for age, helping to track items in your shopping basket at websites which offer online shopping opportunities, and "recognizing" you to speed up your log-in when you visit our Website). You can turn off cookies, but that will affect your online experience and you may not be able to complete an order or transaction. Please see below for more detail on cookies.

Other Information
We conduct market research so that we can continually improve our brands and our Website and may purchase or rent lists of potential subscribers or customers from third parties. Those lists may include information on current subscribers or customers. This information may be included in our database in order to help us serve you better by, for example, minimizing multiple mailings and e-mailings and providing information tailored to your interests.

Use of media and public information
Your account name (not your email address) is displayed to other users when you post media or blog via our Website. Other information, such as the date you opened your account and the date which you last logged into your account, may also be made public. Remember that all information you post is publicly available, such as a profile picture, your name, gender, relationship status, or other personal details as well as media and blogging updates. Other users may be able to contact you through messages and comments. Any pictures, audio files, videos, comments and other media that you submit to the DC Website may be redistributed through the Internet and other media channels, and may be viewed by the general public.

WHAT DO WE DO WITH COLLECTED INFORMATION?
We use information you provide to fulfill your requests and improve our Website, products and services. We may, from time to time, produce reports for advertisers, sponsors and vendors containing anonymous, aggregate information about our users and subscribers, such as demographic, age and online usage information. This information allows us to provide content and offers that are most relevant to our subscribers and users and to work more closely with advertisers. We do not include any personally identifiable information of our users in these reports.

We use personal information so that we may display or send custom, personalized content to our Website visitors and send newsletters, mail, e-mails, features, promotional material, surveys and other updates, information or offers to our users and subscribers. From time to time, we may also establish business relationships with other persons or entities that we believe to be trustworthy and whose privacy policies are generally consistent with our privacy policy (“Choice Partners”). In such cases we might share and cross-reference information, including personal information about you that will enable our Choice Partners to contact you regarding products and services that you might find of interest.

To serve you better, we may also combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information which we receive from our Choice Partners or other third parties. We use the total mix of information to enhance and personalize your shopping experience with us, communicate with you about our products and events that may be of interest to you, and for other promotional purposes as we determine from time to time.

A user may, at any time, opt out of receiving such information by linking to HYPERLINK "http://community.dcshoes.com/delete-account/" http://community.dcshoes.com/delete-account/ and following the instructions on those pages. We also use collected information to evaluate and administer our products and services, fulfill customer requests, announce sweepstakes/contest winners, respond to any future problems, such as difficulties in navigating the DC Website or accessing certain features, and to gauge user trends to determine what products and services are most popular with users.

We allow users of the Website to send articles or links by e-mail to other parties who may be interested in them. We do not retain any e-mail addresses (unless you are a member who has already voluntarily provided your e-mail address) of either the sender or recipient of such articles or links after they are sent, and we do not share "send a friend" e-mail addresses with third parties. Of course, we use personal information to allow you to subscribe online or to make product purchases on our Website. We and our technical and fulfillment agents, partners and consultants follow carefully proscribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements.

HOW DO WE SHARE PERSONAL INFORMATION?
Personal information is available to DC and the technical and fulfillment agents, partners and consultants who make our Website, products and services available to you. Anonymous information is available to our advertisers, sponsors and promotional and business partners. We share your personal information with third parties only as described below.

DC and Its Agents.
DC may access anonymous, aggregate demographic data and any personal information you provide for internal marketing purposes, including sending you notices of sweepstakes winners, new websites, services or products we offer and any other orders. To facilitate subscriptions, catalog requests and orders, DC will cache your order information, and create an authorization with a merchant account (e.g., your credit card company). Website hosting firms, technical and database consultants, advertising agencies, order processing partners, customer service partners and fulfillment firms, including firms assisting us in offering contests, sweepstakes and promotions, may have access to personally identifiable information in the course of making our products and services available. All companies working for and with DC must comply with our privacy policies, and are not permitted to sell your information to third parties or to use it except as authorized by us and you, or as permitted or required by law.

Participating Vendors.
We may offer opportunities to make purchases online from special participating vendors. If we do so, we will also give participating manufacturers, retailers, wholesalers or distributors the order information and authorization for the merchant bank. Any time you order from a participating vendor, that vendor will automatically have all the information related to the order. Participating vendors have their own privacy polices, and they may use that information to advise you directly of other products and offerings that they provide. DC is not responsible for these third parties' respective privacy policies, and we urge you to inquire about their information collection and use practices. In addition, all vendors will receive the same anonymous, aggregate data that our advertisers receive.

Credit Card Companies.
As in any transaction, your credit card company will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction. DC will not otherwise provide any personal data to your credit card company without your permission.

Advertisers, Sponsors and Promotional and Business Partners.
We share anonymous, aggregate demographic information (such as gender, age, income, hobbies, interests, etc.), and anonymous information obtained from cookies and similar technologies, with our advertisers, sponsors, promotional and business partners, and participating vendors. No personally identifiable information is disclosed to any of these third parties in providing these reports. Credit card numbers, bank account numbers and passwords are not shared with advertisers, sponsors or promotional partners, and are only shared with the specific vendors with whom you place an online order.

Information which we obtain in non-Internet transactions or sweepstakes is handled differently. We may share offline contact information with third parties, who may send you offers or information about their products or services. You must opt-out if you do not wish to receive information from third parties or us by mail.

Your e-mail address is not shared with third parties unless you agree to receive information, by opting-in, from third parties. In other words, we may extend e-mail offers to users or subscribers on behalf of our business partners about a particular product or service that may be of interest to you, but only if you have indicated that you would like to receive these offers. If you wish to receive such offers, we will not share or disclose your name or e-mail address to those business partners, but will send you the information or offers on their behalf. As a result, although DC may receive a fee from our business partners for this service, DC sends the offers so that your personal information is never shared with any outside third party. Of course, you may opt out of receiving these offers at any time.

Sometimes we will give you the opportunity to opt in to receive e-mail offers from third parties not affiliated with DC. If you decide to accept these offers, we will provide, with your consent, your contact information to the third party. On our Website, visitors will also have opportunities to sign up directly with certain advertisers and sponsors to enter contests or sweepstakes or to receive e-mail updates and other information directly from them. Third party vendors and advertisers will also use technical and other consultants. We urge visitors to review carefully the privacy policies of these firms. DC is not responsible for the privacy policies and procedures of any third party.

You should be aware that if you voluntarily disclose information, personal or otherwise, online in any community area (whether through DC's Website or any other service available online), that information can be collected and used by others. For example, if you use chat, forums, bulletin boards, blogs or message boards, or if you post personal information online (such as your e-mail address), you may receive unsolicited messages from others. DC has no control over this use of your personal information.

Important Note
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.

HOW DO WE USE COOKIES?
Your Web browser offers so-called "cookies" which, if you allow their use, store small amounts of data on your computer when you visit a Website. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best and make it easier to use our sites. We use a cookie in order to retain the contents of your shopping cart while you browse the site. Cookies also enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser. Although our Website is viewable even if you disable the cookie function on your browser, if you disable cookies, some advanced and customized features or offerings will not be available to you. Our third party advertisers may also use cookies.

HOW DO WE USE WEB BEACONS?
Some of our Web pages may contain electronic images known as Web beacons, which are also called "single-pixel gifs". These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include Web beacons in promotional e-mail messages or newsletters in order to count how many messages have been opened and acted upon. Web beacons are not used to access your personally identifiable information but they are a technique we use to compile aggregated statistics about our Website usage. Web beacons collect only a limited range of information, including the time and date of page view, cookie number and description of the page on which the Web beacon resides. Some of our Web pages may also contain Web beacons placed there by our advertising partners to help us determine the effectiveness of our advertising campaigns.

WHAT ABOUT THIRD PARTY ADVERTISERS?
Some of the third party content displayed in our Website is provided by outside companies. This content may contain cookies and may also contain Web beacons. Unlike cookies and Web beacons used by DC in content we control on our Website, we do not have access to information collected from cookies or Web beacons received in connection with third party content. While we use third parties which we believe are reputable to serve some or all of the content placed within our Website, third parties may use information (not including personally identifiable information) about your visits to our Website to assist in serving their third party content to you. They may also share anonymous information with their clients such as date/time of the content shown, the specific content shown, the IP address and other similar information.

HOW CAN YOU CONTROL YOUR PERSONAL INFORMATION?
We believe that choice in how and when you are contacted is key to customer satisfaction. Therefore, we offer several ways for you to update your contact information and/or change your preferences.

If you have an online account at our Website, you may be able to log on and update or change your contact or account information.
You may unsubscribe to any of our online e-mail updates by following the unsubscribe instructions in the body of any e-mail message.
You may write to us and update your contact information or ask that we not share your personal contact information with third parties at: DC Shoes, Inc., c/o Online Privacy Coordinator, 1333 Keystone Way, Unit A, Vista, CA 92081. In those instances, we will retain your information in a "do not promote" file in our database.
You may also contact us via email at HYPERLINK "mailto:privacypolicy@dcshoes.com" privacypolicy@dcshoes.com.

We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 days for e-mail. You may also continue to receive information from those third parties to whom your information was previously disclosed pursuant to their respective privacy policies.

SECURITY OF YOUR PERSONAL INFORMATION
We use commonly accepted technology to encrypt important information, such as your credit card data, in an effort to prevent unauthorized access during transmission of your orders over the Internet. We incorporate standard industry practices internally and with our service providers, which we believe suits the degree of sensitivity of the information involved to maintain the security of your personal information and to avoid its disclosure except as described in this Privacy Policy. Your personal information may also be protected by the password you created when you registered at our Website. The confidentiality of any password is yours to protect. You may change it at anytime by following the instructions on the Website where you registered.

Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to personal data to those DC employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis. Remember, however, that any personal information you post in chat rooms, blogs or message boards is available to anyone.

CHILDREN'S PRIVACY
The DC Website may include features or material that may be appealing to children under the age of 13. DC is strongly committed to protecting the safety and privacy of children who visit our Website. We do not knowingly collect personal information online from children under 13 and have adopted techniques to age-screen users on our Website to ensure compliance with this Privacy Policy and the Children's Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations under United States federal law protect the privacy of children using the Internet. Our Website include chat rooms, bulletin boards and other features that we believe to be unsuitable for children under 13 and which are not necessarily monitored. We encourage all parents to talk to their children about online safety and to monitor their children's use of the Internet.

CHANGES IN CORPORATE STRUCTURE
In developing our business, we may engage in the sale of certain assets and the company itself, or parts of it, may be sold, merged or otherwise transferred. In such transactions and changes in ownership, user information, whether personally identifiable or otherwise, may constitute one of the transferred assets. DC will notify affected users in accordance with the procedure for changing this Privacy Policy described below.

VISITORS AND SUBSCRIBERS OUTSIDE THE UNITED STATES
Our Website and the servers that make the Website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to the DC Website. Any information you provide in subscribing to our Website or registering or ordering at our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing and use. We adhere to the US-EU Safe Harbor Privacy Principles (“EU Safe Harbor”) with respect to certain personally identifiable information that we receive from customers and employees in the European Union. DC has various other business units, service offerings and data collections which are not covered by this Privacy Policy, nor by DC’s participation in the EU Safe Harbor, and DC makes no EU Safe Harbor representations with respect to any data collected or used in these business units, service offerings or data collections. For further background about the EU Safe Harbor, please refer to the U.S. Department of Commerce’s Website at http://www.export.gov/safeharbor.

CHANGES TO OUR PRIVACY POLICY
We will occasionally update this Privacy Policy as necessary to protect our users and to comply with a changing environment. We recommend that you check the Privacy Policy when you visit our Website to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will e-mail registered Website visitors information on material changes to this Privacy Policy.

CONTACT INFORMATION
If you have any questions about this Privacy Policy or our privacy practices, please e-mail us at privacypolicy@dcshoes.com. Please include the URL of the Website involved in your request.

Or you can contact us by mail at:
DC Shoes, Inc.
15202 Graham Street
Huntington Beach, CA 92649
Attn: Privacy Coordinator

Or you can fax us at (760) 599-6398, Attn: Privacy Coordinator

Last Revised July 2010

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