The Athlete's Foot Web Site Terms of Use Agreement This Taf InMyShoes site (the "Service") is an online information and communications service provided by The Athlete's Foot ("The Athlete's Foot"), subject to your compliance with the terms and conditions of use set forth in this Terms of Use Agreement (this "TOU Agreement"). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. THE ATHLETE'S FOOT PROVIDES THE SERVICE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. THE ATHLETE'S FOOT MAY TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME FOR ANY REASON, INCLUDING YOUR VIOLATING THE TERMS OF THIS TOU AGREEMENT. Copyright All images, text, programs, and other materials and content (collectively, the "Content") found within the Service are protected by United States and international copyright laws and other laws relating to the protection of intellectual and proprietary property. The Athlete's Foot owns the copyright and intellectual property rights in and to the Content. Except as expressly provided within the software license agreements applicable to your downloading of The Athlete's Foot software elsewhere within the Service, any commercial use of the Content is strictly prohibited, without the express written consent of The Athlete's Foot. You agree not to change or delete any proprietary notices from materials downloaded from the Service. Trademarks The names, logos, taglines and other marks identifying The Athlete's Foot and its products and services are proprietary marks of The Athlete's Foot. All other trademarks and service marks are the property of their respective owners. Modifications of TOU Agreement The Athlete's Foot reserves the right, at its sole discretion, to change, modify, add or remove any portion of this TOU Agreement, in whole or in part, at any time. You agree to review this TOU Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified TOU Agreement. Discontinuance of Service The Athlete's Foot may change, suspend or discontinue any aspect of the Service at any time, including the availability of any feature, database, or Content. The Athlete's Foot may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Indemnification You hereby agree to indemnify, defend and hold The Athlete's Foot, NexCen Brands, Inc., NexCen Franchise Management, Inc., and all its officers, directors, owners, agents, employees, information providers, affiliates, franchisors, franchisees, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, attorneys fees and costs, in connection with any claim arising out of any violation by you of this TOU Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. The Athlete's Foot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of The Athlete's Foot. Each of the Indemnified Parties shall have the right to assert and enforce these provisions directly against you on its own behalf. Links The Service contains links and pointers to the other World Wide Web Internet sites and resources. Links to and from the Service to other third party sites, maintained by third parties, do not constitute an endorsement by The Athlete's Foot of any third party resources, or their contents. The Athlete's Foot is not responsible in any way for such third party sites and related content.