Terms & Conditions
TERMS OF USE
Effective as of Oct 20th, 2021
TABLE OF CONTENTS
I. THESE TERMS
A. INTRODUCTION
I. USER’S ACCEPTANCE.
II. LEGACY’S MODIFICATION, SUSPENSION, & TERMINATION.
B. LEGAL
I. DEFINITIONS.
II. GOVERNING LAW & JURISDICTION.
III. WAIVER & SEVERABILITY.
IV. ASSIGNMENT.
V. FORCE MAJEURE.
VI. ENTIRE AGREEMENT.
II. LEGACY’S…
A. PROPRIETARY & INTELLECTUAL RIGHTS
B. SERVICES, CONTENT, & PRODUCTS
I. THE WEBSITE.
II. THIRD-PARTY MATERIALS.
C. TRANSACTIONS
D. COMMUNICATIONS
E. DISCLAIMER OF WARRANTIES
F. LIMITATION OF LIABILITY
III. USER’S…
A. ACCESS & USE
I. LIMITED LICENSE.
II. RULES, RESPONSIBILITIES, & RESTRICTIONS.
B. CONTENT
I. SCOPE OF RIGHTS & RESPONSIBILITIES.
II. RESTRICTIONS.
III. LEGACY’S LICENSE.
IV. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
C. REGISTRATION / ACCOUNT
D. INDEMNITY & RELEASE
I. THESE TERMS
A. INTRODUCTION.
User’s access to and use of the Website, regardless of the registration status, and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, and Products, is governed by and subject to full, continued compliance with these terms of use (these “Terms”), the terms and conditions of the Privacy Policy and Shipping, Delivery, & Return Policy (which are incorporated by reference and, together with these Terms, collectively constitute the “Agreement” by and between User and Legacy) and any and all applicable local, state, federal, and foreign rules, regulations and laws, including, but not limited to, copyrights, trademarks, patents, and other intellectual property protections.
All capitalized and material terms in these Terms not otherwise defined in-line have the meanings set forth in the Definitions. All uses of “including” shall mean “without limitation”, “and” as well as “or” shall mean “and/or”, and all references to examples or instances are construed as illustrative and never as the complete parameters of the applicable subject matter.
I. USER’S ACCEPTANCE.
BY ACCESSING AND USING THE WEBSITE, USER REPRESENTS, WARRANTS, COVENANTS, AND AFFIRMS THAT USER: (I) HAS READ, COMPREHENDS, AND AGREES TO BE BOUND AND TO ABIDE BY THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THESE TERMS; (II) ARE THIRTEEN (13) YEARS OR OLDER OR HAVE A LEGAL GUARDIAN’S PERMISSION TO ACCESS AND OTHERWISE USE THIS WEBSITE AND ANY AND ALL PORTIONS THEREON AND THEREFROM; AND (III) ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL OTHERS WHO USE OR OTHERWISE ACCESS THE WEBSITE THROUGH ANY DEVICES, AND THIRD-PARTY PROVIDERS PAID FOR BY USER OR FOR WHICH USER IS OTHERWISE RESPONSIBLE, SATISFY THE REQUIREMENTS SET FORTH IN THIS PARAGRAPH AT ALL TIMES.
If, at any time, User does not fully, completely, and totally satisfy or agree with any of the foregoing requirements, adherence to these Terms, or those elsewhere in the Agreement, including, but not limited to, any subsequent modifications, updates, or alterations to any of the foregoing, User is required, and hereby agrees, to immediately cease and discontinue any access to and use of the Website and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, and Products.
II. MODIFICATION, SUSPENSION, & TERMINATION.
Legacy reserves the express right and ability, but undertakes no duty whatsoever, to amend, terminate, discontinue, restrict, or withdraw, any portions or the entirety of, periodically or permanently, without notice to User, at any time, in Legacy’s sole discretion, for any reason or none whatsoever, these Terms, those elsewhere in the Agreement, the Website (and all portions thereon and therefrom), the Services, Content, Transactions, and Products, including, but not limited to, Users’ account, UGC, and Registration Materials..
User hereby acknowledges that User alone is responsible for periodically reviewing these Terms and those elsewhere in the Agreement, and any updates, modifications, and changes are immediately effective and applicable to User once posted to the Website, thereby superseding any previous terms. User’s non-compliance with the scope and parameters specified in these Terms, those elsewhere in the Agreement, or in any other written communication by Legacy, shall automatically constitute not only a breach of these Terms and those elsewhere in the Agreement, but may also simultaneously infringe upon and violate applicable local, state, federal, and foreign rules, regulations, and laws, including, but not limited to, Legacy’s and our Affiliated Entities’, Licensed Parties’, and Third-Party Providers’ proprietary and intellectual property rights. Legacy hereby reserves, in all instances, the full, unrestricted right to seek all remedies and modes of recourse, regardless of whether made explicit in these Terms or elsewhere in the Agreement. Notwithstanding the preceding sentence or anything to the contrary herein, in addition to Legacy’s right to terminate, suspend, and otherwise restrict Users’ account (including, for the avoidance of doubt, username, password, Registration Materials, Personal Information, and Payment Information) and Users’ access to and use of the Website and all portions thereon and therefrom, Legacy reserves the unrestricted, unilateral right to terminate these Terms, the Agreement, and any and all of Legacy’s purported obligations to User therein in addition to taking all legal and technological steps necessary in Legacy’s sole discretion.
B. LEGAL.
I. DEFINITIONS. As used in these Terms, the following words have the following meanings:
“Affiliated Entities” means Licensed Parties’ respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers.
“Agreement” means all terms, conditions, obligations, rights, limitations, and restrictions in these Terms, the Privacy Policy, the Shipping, Delivery, &Return Policy, and otherwise communicated in writing by Legacy referring and applicable to, expressly or implicitly, or otherwise in connection with the Website and all portions thereon and therefrom, including, but not limited to, the Services, Content, Destination Links, Transactions, and Products, as well as Users’ account, UGC, Registration Materials, and Personal Information.
“Content” means any and all information, materials, features, functionality, software, text, ideas, concepts, words, displays, images, videos, applications, artwork, successor websites, audio, designs, selections, copyrights, trademarks, patents, research, registries, data, algorithms, service marks, brand identifiers, creative selections and arrangements available on or in connection with the Website and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, and Products, whether posted or otherwise transmitted by Legacy or any of our Affiliated Entities, Licensed Parties, and Third-Party Providers or by you, other Users, or other Third-Party Providers.
“Devices” means any and all internet-capable apparatuses, machines, appliances, and hardware, now known or hereinafter devised and created, regardless of the particular underlying technology and mechanism and manner of connection (i.e., wireless access protocols, mobile networks, etc.), including, but not limited to, so-called “Smart TVs,” computers, laptops, desktops, tablets, iPads, and mobile phones.
“Legacy”, “we”, “us”, and “our” means LEGACY.WORLD LLC d/b/a “LEGACY.WORLD” on behalf of itself and its Licensed Parties and Affiliated Entities.
“Licensed Parties” means Legacy’s employees, affiliates, agents, licensees, assigns, designees, partners, successors, assigns, third-party service providers and their respective brand partners, marketing/public relations, or other third-party entities and individuals engaged or otherwise used by Legacy in connection with the functionality, organization, or development of the Website and any and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, and Products.
“Payment Information” means Users’ data in connection with or otherwise regarding User’s shipping and billing addresses, telephone and mobile numbers, dates of birth, credit and debit card expiration dates and numbers (including CVVs), third-party account numbers (i.e., PayPal, Venmo, and the like), and all corresponding authorizations.
“Personal Information” means data which defines, identifies, relates to, is actually associated with or is reasonably capable of being associated or otherwise connected, directly or indirectly, with a particular User, User’s Device, or User’s Third-Party Service Providers, regardless of whether directly furnished or otherwise intentionally provided by User and Third-Party Providers or automatically, passively learned of, collected, and otherwise gathered by Legacy, including legal names, telephone and mobile numbers, physical and shipping addresses, e-mail addresses, dates of birth, IP addresses and corresponding geo-location data, Payment Information, technical specifications, ISPs, and details of Users’ activity on and from the Website and all portions thereon and therefrom.
“Products” means any and all tangible goods, items, merchandise, articles, and objects made available on and through the Website, whether by Legacy or our Licensed Parties, Affiliated Entities, and Third-Party Providers (including, but not limited to, Destination Links), as well as the Services and Content associated with, related to, in connection with, or otherwise concerning such Products, including, but not limited to, listings, descriptions, specifications, images, text, audio, video, pricing, availability, and functionality.
“Services” means all communications, publications, functionality, features, arrangements, organization, codes, software, opportunities, interactions, and activities made available on or through the Website, including associated with, related to, in connection with, or otherwise concerning the Content, Transactions, Products, Registration, and UGC.
“Third-Party Providers” means any and all unaffiliated individuals, entities, services, manufacturers, organizations, carriers, contributors, technicians, and providers involved with, or otherwise connected to, Users’ access to or use of the Website and all portions thereon and therefrom, including the Services, Content, Transactions, and Products, Device manufacturers, as well as third parties engaged by Legacy to contribute to, administer, and otherwise facilitate the Website and all portions thereon and therefrom, including Service coders and technicians, Content contributors and partners (including Destination Links), Transaction software (including Shopify) and Product vendors and exhibitors.
“Transactions” means all portions and aspects of the process involved and otherwise in connection with Users’ attempt to, facilitation of, and purchase of Products on and through the Website, including all data and information provided, exchanged, communicated, or otherwise transmitted, affirmatively or automatically, in connection therewith, including Registration Materials, Personal Information, and Payment Information.
“Website” means the URL www.legacy.world together with Services, Content, Transactions, and Products made available thereon and therefrom, as branded, owned, or operated by Legacy, Licensed Parties, Affiliated Entities, Users, or Third-Party Providers.
“User”, “you”, or “your” means, whether capitalized or not, individual(s) associated with a unique IP address who access or use the Website and any and all portions thereon and therefrom, regardless of the registration status, Device, and Third-Party Provider, including, but not limited to, browsers, vendors, customers, merchants, and contributors.
II. GOVERNING LAW & JURISDICTION.
Legacy does not, expressly nor impliedly, represent, guarantee, or warrant that the Website is accurate, available, legal, compliant with, endorsed by, or other otherwise appropriate to any specific geographic location or any particular local, state, federal, and foreign rules, regulations, and laws. User’s access to and use of the Website are at User’s own initiative, risk, and liability and User alone is responsible and liable for ascertaining and ensuring compliance with all applicable local, state, federal, and foreign rules, regulations, and laws.
These Terms, those elsewhere in the Agreement, and all matters, actions, allegations, and claims relating thereto, in connection therewith or arising therefrom are governed by the laws of the United States and the State of New York, without regard to its principles of conflicts of law and irrespective of User’s physical location. User’s access to and use of the Website is User’s affirmative representation of User’s informed consent to waive any and all objections to our exercise of jurisdiction and selection of venue pursuant to this paragraph. Notwithstanding anything to the contrary in these Terms or those elsewhere in the Agreement, Legacy, on behalf of our self and our Affiliated Entities, Licensed Parties, and Third-Party Providers, expressly reserves the right to initiate, bring, undertake, file, conduct, partake, and litigate, or to refrain therefrom, in User’s country, state, county, city, town, or other locale of residence any suit, action, proceeding, claim, or settlement associated with, related to, in connection with, or otherwise concerning User’s breach, violation, infringement, or non-compliance with these Terms, those elsewhere in the Agreement, and any applicable local, state, federal, and foreign rules, regulations, and laws.
III. WAIVER & SEVERABILITY.
No waiver by Legacy, whether intentional or inadvertent, of any term, condition, or provision in these Terms and elsewhere in the Agreement shall be deemed a further or continuing waiver of such term, condition, or provision nor a waiver of any other term, condition, or provision. Furthermore, any failure by Legacy to assert a term, condition, or provision in these Terms and elsewhere in the Agreement shall not constitute a waiver, limitation, nor restriction and such term, condition, or provision shall remain in full force and effect unless expressly communicated otherwise in writing by Legacy.
If, for any reason, any term, condition, or provision in these Terms and elsewhere in the Agreement is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, void, or unenforceable, such term, condition, or provision shall be restricted, limited, or excised solely to the extent necessary, such that the remaining terms, conditions, and provisions in these Terms and elsewhere in the Agreement shall continue in full force and effect. Any claim arising from, under, pursuant to, or otherwise in connection with these Terms and those elsewhere in the Agreement must be brought within one (1) year after such claim or cause of action arose or shall be forever barred.
IV. ASSIGNMENT.
These Terms, those elsewhere in the Agreement, and all rights and licenses granted thereunder and therefrom may not be transferred nor assigned by User and any such attempted transfer or assignment in violation hereof shall be automatically null and void.
V. FORCE MAJEURE.
Legacy and our Affiliated Entities, Licensed Parties, and Third-Party Providers are not now, and shall not at any time be liable for any delay or failure of any performance associated with, related to, in connection with, or otherwise concerning these Terms, those elsewhere in the Agreement, and the Website and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, and Products, caused by any circumstances beyond any of the foregoing parties’ respective reasonable control.
VI. ENTIRE AGREEMENT.
All terms, conditions, limitation, obligations, responsibilities, rules, obligations, rights, and restrictions, whether presently enumerated or subsequently enacted, in these Terms, elsewhere in the Agreement, and otherwise expressly communicated in writing by Legacy which are associated with, related to, in connection with, or otherwise concerning the Website and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, and Products, constitutes the sole and entire understanding between Legacy and User, superseding and supplanting any and all prior and contemporaneous discussions, understandings, representations, warranties, covenants, obligations, and agreements, whether oral or written and explicit or implicit, with respect to the subject matter hereof and shall not be construed, in any event nor for any reason, against Legacy and our Affiliated Entities, Licensed Parties, and Third-Party Providers.
II. LEGACY’S…
A. PROPRIETARY & INTELLECTUAL OWNERSHIP.
All right, title, and interest in and to, associated with, related to, in connection with, or otherwise concerning the Website and all portions thereon and therefrom, are and shall remain, exclusively owned or licensed by Legacy or our Affiliated Entities, Licensed Parties, or Third- Party Providers, legally protected under applicable local, state, federal, and foreign rules, regulations, and laws, including, but not limited to, all intellectual property and other proprietary protections, regardless of registration status, including, but not limited to, copyrights, trademarks, logos, service marks, patents, authorship, trade names, and branding. Unless otherwise expressly set forth in these Terms or elsewhere in the Agreement, no right, title, interest, or entitlement, whatsoever, in and to, associated with, related to, in connection with, or otherwise concerning the Website and all portions thereon and therefrom are granted, afforded, authorized, permitted, transferred, nor otherwise given to User and are, and shall remain, exclusively reserved by and to Legacy. Absent Legacy’s prior written consent, User is expressly and strictly prohibited, regardless of the means, manner and mechanism, from attempting to, facilitating, and in fact distributing, reproducing, creating, and authorizing derivative works from or based upon, adapting, editing, modifying, repurposing, selling, reposting, merchandising, downloading, exploiting, and otherwise violating the Website and all portions thereon and therefrom.
B. SERVICES, CONTENT, & PRODUCTS.
User’s access to and use of the Website and all portions thereon and therefrom are expressly conditioned upon and subject to User’s compliance and full assumption of risk associated with, related to, in connection with, or otherwise concerning the Website and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, Products, UGC, and Destination Links. While Legacy endeavors to maintain the accuracy, functionality, safety, and security of the Website and all portions thereon and therefrom, Legacy disclaims all responsibility and liability associated with, related to, in connection with, or otherwise concerning User’s access to and use of the Website and all portions thereon and therefrom, including, but not limited to, User’s non-compliance with these Terms, those elsewhere in the Agreement, or otherwise communicated in writing by Legacy, as well as User’s violation of any and all applicable local, state, federal, and foreign rules, regulations, and laws, and any and all injury, damage, and loss incurred or otherwise suffered, experienced, or alleged associated with, related to, in connection with, or otherwise concerning any and all of the foregoing.
I. THE WEBSITE.
Legacy makes no warranties or representations with respect to the Website and all portions thereon and therefrom, including, the Services, Content, and Products, including associated with, related to, in connection with, or otherwise concerning any and all of the foregoing’s completeness, reliability, accuracy, relevancy, utility, and compliance with applicable rules, regulations, and laws to which User is or may be subject to. Legacy may, from time-to-time and at any time, in our sole discretion, alter, restrict, suspend, or remove the Website and any and all portions thereon and therefrom for indefinite periods without notice to User. Legacy is not, nor shall ever be, responsible or liable for or in connection with User’s inability, limited, or restricted access to and use of the Website and all portions thereon and therefrom. User alone assumes any and all such risks, damages, and losses.
The Website and all portions thereon and therefrom may include, offer, feature, exhibit, broadcast, transmit, or otherwise provide or facilitate access to a wide variety and general range of Content and Products, none of which User should rely on in any manner nor capacity, whatsoever. All Content and Products offered on or through the Website and all portions thereon and therefrom are not intended to, nor shall be construed as, professional, accurate, reliable, trustworthy, current, safe, functional, relevant, true, useful, or necessarily compliant with any particular applicable local, state, federal, and foreign rules, regulations, and laws. For the avoidance of doubt, the Website and all portions thereon and therefrom, including, but not limited to, all Content, Products, Destination Links, and UGC, are not, and shall never be interpreted, construed, nor other applied as financial, legal, or medical/health recommendations, opinions, advice, strategies, diagnosis, cures, protocols, treatments, or suggestions. User alone is responsible and liable for any attempt to, facilitation of, and evaluation and use of the Website and all portions thereon and therefrom, including all Services, Content, Services, Products, Destination Links, and UGC, as well as any repercussions associated with, related to, or otherwise concerning and in connection therewith, including legally, financially, and equitably.
IN ADDITION TO LEGACY’S OTHER RIGHTS AND REMEDIES, REGARDLESS OF WHETHER EXPRESSLY STATED IN THESE TERMS OR ELSWHERE IN THE AGREEMENT, LEGACY, ON BEHALF OF OURSELF AND OUR AFFILIATED ENTITIES, LICENSED PARTIES, AND THIRD-PARTY PROVIDERS, HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, AND DAMAGES FOR AND TO, ASSOCIATED WITH, RELATED TO, IN CONNECTION WITH, OR OTHERWISE CONCERNING THE WEBSITE AND ANY AND ALL PORTIONS THEREON AND THEREFROM, INCLUDING, BUT NOT LIMITED TO, ALL SERVICES, CONTENT, TRANSACTIONS, PRODUCTS, DESTINATION LINKS, AND UGC, REGARDLESS OF OWNERSHIP, CONTROL, OR REGISTRATION.
Notwithstanding anything to the contrary in these Terms or elsewhere in the Agreement, Legacy reserves the right, but undertakes no such duty, to, in our sole discretion, monitor, screen, edit, remove, restrict, delete, suspend, redact, transmit, terminate, and report to applicable authorities any and all Content, including UGC and associated User accounts, which infringe upon, violate, or is necessary to enforce or comply with these Terms, those elsewhere in the Agreement, other User’s or the public-at-large’s rights and interests, and applicable local, state, federal, and foreign rules, regulations, and laws and legal processes.
II. THIRD-PARTY MATERIALS.
Legacy does not necessarily, in any manner, to any extent, neither explicitly nor implicitly, review, moderate, verify, sanction, adopt, support, endorse, agree, and align with any of the Content, Products, Destination Links, and UGC available on and through the Website, regardless of such access and any such ownership interests and registration statuses. All Services, Content, and Products on and through the Website, including, but not limited to, from and to any Third-Party Providers’ websites, social media platforms, advertisements, offers, deals, shops, or otherwise external destinations not branded nor otherwise expressly identified as Legacy’s (collectively, the “Destination Links”), are provided solely as a matter of convenience to User and cannot, and shall never, be construed or otherwise interpreted as any representation, guarantee, warranty, covenant, endorsement, support, or promise by nor on behalf of Legacy for, of, and with regard to the functionality, views, policies, politics, accessibility, propriety, safety, security, reliability, legality, accuracy, relevance, utility, and efficacy of such Destination Links and the services, content, products, data, information, code, host, and any other element, style, function, or system in and to, associated with, related to, in connection with, or otherwise concerning such Third-Party Providers and Destination Links. User’s attempt to, facilitation of, and in fact access to and use of, association with, relation to, in connection with, and otherwise concerning all such Destination Links is governed exclusively and directly by and between you and the applicable Third-Party Provider. User alone is responsible and liable for ascertaining, abiding, and complying with all Third-Party Providers’ terms and conditions which are applicable to Users’ access to and use of all such Destination Links on and through the Website and all portions thereon and therefrom.
C. TRANSACTIONS.
All Transactions and Products, as well as all Services and Content associated therewith, related thereto, in connection therewith, or otherwise thereby concerning, whether on or through the Website, are subject to, and governed by, the Shipping, Delivery, & Return Policy, which is incorporated by reference into the Agreement, and provided solely for User’s convenience and is, in no event, necessarily accurate, reliable, or complete, whether by reason of User’s Device or Legacy’s express disclaimer in connection therewith. No information, text, audio, visual, Services, Content, Transactions, Products, Destination Links, or UGC, on or through the Website nor any other communication from Legacy is intended to, nor shall, constitute or be construed as a binding offer to make available, provide, sell, facilitate, or otherwise give any Products and compensation, monetary or otherwise, to User. Notwithstanding anything to the contrary in these Terms or elsewhere in the Agreement, any and all Services, Content, and Products associated with, related to, in connection with, or otherwise concerning all Transactions, whether on or through the Website, is subject to, and governed by, Sections II(B)(i)-(ii) hereof.
All Transactions are expressly conditioned on User’s understanding and consent, represented and guaranteed by User’s access to and use of the Website, that Legacy does not make any representations, warranties, covenants, or guarantees that any of the Products on or through the Website (nor any portion thereof) shall meet User’s expectations, standards, or other metrics of approval, nor that User’s Transactions shall be accurate, correct, timely, or cured. User alone assumes all risks and liabilities associated with, related to, in connection with, or otherwise concerning all Transactions, including all Personal Information, Payment Information, Registration Materials, the entirety of the process of purchasing and receiving, and any and all access to and use of the Products upon User’s receipt thereof thereafter. Notwithstanding the foregoing, User represents and guarantees that any and all Transactions and Products shall be initiated, conducted, undertaken, and otherwise used in a lawful manner in compliance with these Terms, those elsewhere in the Agreement, and pursuant to applicable local, state, federal, and foreign rules, regulations, and laws. Legacy reserves the right to, in our sole discretion, at any time (including, but not limited to, receipt of User’s Payment Information, User’s receipt of our confirmation for such Transaction, and that User’s Payment Information has been utilized) and for any reason or none whatsoever, to accept, modify, or decline any and all Transactions and any portion thereof, as well as any discount, coupon, or promotion associated with, related to, in connection with, or otherwise concerning such Transaction or Product. If User’s Payment Information reflects a documented charge in connection with a Transaction and Legacy thereafter exercises any of our foregoing rights, we expressly reserve the right to adjust any amount to cover any price differential, including issuing a credit or placing a second charge.
D. COMMUNICATIONS.
User’s provision of an e-mail address to Legacy, whether on or through the Website or otherwise, including, but not limited to, directly contacting us by e-mail, is User’s: (i) consent to communicate with Legacy electronically, including, but not limited to, receiving notices, specials, deals, announcements, and offers which we may determine, in our sole discretion, for any reason or none whatsoever, to send to you; and (ii) affirmation and waiver that such electronic communication by Legacy to you of any agreements, disclosures, and notices (and modifications thereof) shall automatically satisfy any legal requirement that such information be in writing and any right to receive hard copies by postal mail.
E. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LOCAL, STATE, FEDERAL, AND FOREIGN RULES, REGULATIONS, AND LAWS: THE WEBSITE AND ALL PORTIONS THEREON AND THEREFROM, INCLUDING SERVICES, CONTENT, TRANSACTIONS, PRODUCTS, DESTINATION LINKS, AND UGC, ARE MADE AVAILABLE TO USER “AS IS” AND ALL WARRANTIES—WHETHER EXPRESS, IMPLIED, OR STATUTORY—ARE ENTIRELY DISCLAIMED BY LEGACY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, UTILITY, NON-INFRINGEMENT, AND TITLE. ALL PRODUCTS ON AND THROUGH THE WEBSITE ARE NOT INTENDED NOR DESIGNED FOR COMMERCIAL USE OR ANY USE OUTSIDE OF A PRIVATE RESIDENTIAL SETTING FOR PERSONAL ENJOYMENT. WITHOUT LIMITATION TO ANY OTHER DISCLAIMER HEREIN, THESE TERMS OR THOSE ELSEWHERE IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LOCAL, STATE, FEDERAL, AND FOREIGN RULES, REGULATIONS, AND LAWS, LEGACY, ON BEHALF OF OURSELF AND OUR LICENSED PARTIES, AFFILIATED ENTITIES, AND THIRD-PARTY PROVIDERS, DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR, ASSOCIATED WITH, RELATED TO, IN CONNECTION WITH, OR OTHERWISE CONCERNING USER’S NON-COMPLIANCE WITH THESE TERMS, THOSE ELSEWHERE IN THE AGREEMENT, AND APPLICABLE LOCAL, STATE, FEDERAL, AND FOREIGN RULES, REGULATIONS, AND LAWS, INCLUDING ANY AND ALL COMMERCIAL USE. THIS SECTION II(B)(E) DOES NOT AFFECT WHATSOEVER ANY EXPRESS WARRANTIES THAT LEGACY MAY COMMUNICATE, FURNISH, OR OTHERWISE PROVIDE DIRECTLY TO USER IN WRITING WITH RESPECT TO ANY PARTICULAR TRANSACTION OR PRODUCT. ALL DISCLAIMERS OF ANY KIND, INCLUDING IN THIS SECTION II(B)(E), THE REMAINDER OF THESE TERMS, OR ELSEWHERE IN THE AGREEMENT, ARE MADE FOR THE BENEFIT OF LEGACY AND OUR LICENSED PARTIES, AFFILIATED ENTITIES, AND THIRD-PARTY PROVIDERS, AND LEGACY AND EACH OF THE FOREGOING PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, WHETHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, IRRESPECTIVE OF THE BASIS OF SUCH LIABILITY, INCLUDING CONTRACTUAL, TORT (NEGLIGENCE OR OTHERWISE), PRODUCTS LIABILITY, AGENCY, WARRANTY, OR STATUTUTORY, REGARDLES OF ANY ADVICE OR INFORMATION USER MAY BE PROVIDED OR OTHERWISE LEARN OF OR BELIEVE TO THE CONTRARY.
F. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LOCAL, STATE, FEDERAL, AND FOREIGN RULES, REGULATIONS, AND LAWS, LEGACY AND OUR LICENSED PARTIES, AFFILIATED ENTITIES, AND THIRD-PARTY PROVIDERS ARE NOT, AND SHALL NEVER BE, RESPONSIBLE NOR OTHERWISE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PROFITS, DEVICES, DATA, INFORMATION, OTHER INTANGIBLES AND FINANCES) UNDER ANY BASIS, INCLUDING, BUT NOT LIMITED TO, CONTRACTUAL, TORT (NEGLIGENCE OR OTHERWISE), PRODUCTS LIABILITY, AGENCY, WARRANTY, OR STATUTUTORY, IRRESPECTIVE OF ANY ADVICE OR INFORMATION USER MAY BE PROVIDED OR OTHERWISE LEARN OF OR BELIEVE TO THE CONTRARY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LOCAL, STATE, FEDERAL, AND FOREIGN RULES, REGULATIONS, AND LAWS: (I) LEGACY AND OUR LICENSED PARTIES, AFFILIATED ENTITIES, AND THIRD-PARTY PROVIDERS ARE NOTM AND SHALL NEVER BE, LIABLE NOR OTHERWISE RESPONSIBLE FOR ANY LOSSES OR DAMAGES OF ANY KIND RESULTING FROM, ASSOCIATED WITH, RELATED TO, IN CONNECTION WITH, OR OTHERWISE CONCERNING USER’S ACCESS TO AND USE OF (NOR INABILITY TO DO EITHER) THE WEBSITE AND ALL PORTIONS THEREON AND THEREFROM, INCLUDING THE SERVICES, CONTENT, TRANSACTIONS, PRODUCTS, DESTINATION LINKS, AND UGC; (II) USER’S SOLE AND EXCLUSIVE REMEDY AND RECOURSE WITH REGARD TO ANY AND ALL OF THE FOREGOING PROVISIONS IS TO IMMEDIATELY CEASE ACCESS TO AND USE THE WEBSITE AND ALL PORTIONS THEREON AND THEREFROM, INCLUDING THE SERVICES, CONTENT, TRANSACTION, PRODUCTS, DESTINATION LINKS, AND UGC; AND (III) IN THE EVENT A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION AND AUTHORITY SEEKS TO OR IN FACT IMPOSES ANY RESPONSIBILITY OR LIABILITY TO LEGACY OR OUR LICENSED PARTIES, AFFILIATED ENTITIES, OR THIRD-PARTY PROVIDERS, THE MAXIMUM AGGREGATE AMOUNT FOR ASSOCIATED WITH, RELATED TO, IN CONNECTION WITH, OR OTHERWISE CONCERNING ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF THE LEGAL BASIS OR THEORY, SHALL BE THE GREATER OF: (A) THE TOTAL U.S. DOLLAR AMOUNT, IF ANY, PAID BY USER TO LEGACY FOR ACCESS TO AND USE OF THE WEBSITE; AND (B) ONE U.S. DOLLAR ($1.00 USD). IN JURISDICTIONS WHICH PRECLUDE THE EXCLUSION OF OR IMPOSE RESTRICTIONS ON LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH AMOUNTS SHALL BE LIMITED TO THE MAXIMUM EXTENT SPECIFIED UNDER AND PURSUANT TO THE APPLICABLE JURISDICTIONAL AUTHORITY. ALL LIMITATIONS OF LIABILITY OF ANY KIND, INCLUDING IN THIS SECTION II(F), THE REMAINDER OF THESE TERMS, AND ELSEWHERE IN THE AGREEMENT, ARE MADE FOR THE BENEFIT OF LEGACY AND OUR LICENSED PARTIES, AFFILIATED ENTITIES, OR THIRD-PARTY PROVIDERS.
III. USER’S…
A. ACCESS & USE.
I. LIMITED LICENSE.
Legacy expressly grants to User a revocable, non-exclusive, limited license solely for User’s individual, personal, non-commercial purpose in accordance with, and subject to User’s full compliance with, these Terms, those elsewhere in the Agreement, and all applicable local, state, federal, and foreign rules, regulations, and laws. Legacy specifically grants User a license to: (1) access and use via User’s Third-Party Providers and on User’s Devices the Website and all portions thereon and therefrom, including, but not limited to, the Services, Content, Products, Destination Links, and UGC; (2) make one (1) copy or print of any portion of the Website; provided, however, that such copy or print: (a) also contains express, clear attribution to Legacy, including, but not limited to, any applicable corresponding intellectual and proprietary rights and restrictions, (b) is not modified, edited, warped, or altered in any manner other than as originally exhibited or otherwise displayed on the Website in its entirety, (c) is not attempted to nor in fact provided, furnished, accessed, exploited, repurposed, transmitted, or otherwise used by any other individual, outlet, or entity other than User, whether digitally or otherwise in- print, including other websites and social media platforms and accounts, and (d) is destroyed and otherwise disposed of immediately upon Legacy’s written request or User’s completion of individual, personal, non-commercial use; (3) contribute relevant, respectful, legal, and otherwise compliant UGC; and (4) initiate, undertake, place, and otherwise partake in Transactions of and for Products available on and through the Website. Any rights not expressly granted to User in these Terms (including, but not limited to, this Section III(A)), elsewhere in the Agreement, our otherwise expressly communicated by Legacy in writing, are exclusively reserved and retained by and to Legacy. No other interests, rights, licenses, or relationship of any nature (including, but not limited to, partnership, agency, joint-ventureship, and employment) are contemplated, intended, created, nor established, whether by estoppel, implication or otherwise, through User’s access to and use of the Website and any and all portions thereon and therefrom, including, but not limited to, the Services, Content, Products, Destination Links, and UGC. The limited license granted by Legacy to User in this section III(A) shall automatically terminate contemporaneously with User’s non-compliance with any and all of these Terms, those elsewhere in our Agreement, and applicable local, state, federal, and foreign rules, regulations, and laws.
II. RULES, RESPONSIBILITIES, & RESTRICTIONS.
In addition to and to the same extent and in the same manner as the remainder of these Terms and those elsewhere in the Agreement, as a condition to User’s access to and use of the Website (and all portions thereon and therefrom), User hereby acknowledges, represents, covenants, warrants, affirms, and guarantees to be bound by, to abide by, comply with, and be solely responsible and liable for the following rules, as well as ensuring, enforcing, and restricting all of the foregoing and following rules by other individuals, entities, and organizations under User’s supervision or control, whether indirectly or indirectly, including all, regardless of registration status, who access, utilize, or otherwise exploit any Third-Party Providers or Devices User is associated with, related to, connection to, pays or is otherwise responsible for, shall, in fact, at all times:
1. Ascertain and comply with these Terms, those elsewhere in the Agreement, and all applicable local, state, federal, and foreign rules, regulations, and laws in accessing and using the Website and all portions thereon and therefrom, including those applicable to rights, responsibilities, obligations, and protections with respect to the Services, Content, Transactions, Product, Destination Links, and UGC;
2. Access and use the Website and all portions thereon and therefrom in a manner and by mechanisms which are legal and compliant with these Terms, those elsewhere Agreement, and all applicable local, state, federal, and foreign rules, regulations, and laws, and which do not, and could not, in any way damage, interfere, impair, disable, disturb, infringe, violate, or otherwise adversely affect the privacy, security, safety, use, rights, and enjoyment of Legacy and our Licensed Parties, Affiliated Entities, and Third-Party Providers, other Users, or the public at large;
3. Ensure that, given the Website and all portions thereon and therefrom are intended only for individuals over the age of thirteen (13), no individual under the age of thirteen (13), including User, shall attempt to, facilitate, or access or otherwise use, in any manner, the Website and all portions thereon and therefrom, including the Services, Content, Transactions, Products, Destination Links, and UGC;
4. Obtain and maintain, at User’s sole cost and expense, any Devices and Third- Party Providers necessary to access and use the Website and all portions thereon and therefrom in a manner and by mechanisms which are compliant with these Terms and all applicable local, state, federal, and foreign rules, regulations, and laws;
5. Confirm, warrant, and guarantee that User and User’s UGC, Devices, and Third- Party Providers do not attempt to, facilitate, nor in fact possess, contain, post, upload, facilitate, transmit, or otherwise make available through, or in connection with, manually or automatically, any virus, worm, Trojan horse, Easter egg, time bomb, worms, bugs, spyware, software, adware, malware, auto-responder, time bomb, keystroke log, or other malicious computer code, file, bot, macros, scripts, mail-list, listserv, or other programs, codes, or processes designed or intended to achieve through deployment any interference, annoyance, disturbance, hack, tamper, hijack, alteration, damage, infringement, unauthorized access, disabling, cache, meta-search, archive, duplication, circumvention of any security protocols or protections, or impediment of or to the Website and any and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, Products, Destination Links, and UGC. ANY ATTEMPT TO, FACILITATION OF, OR IN FACT UNDERTAKING OF OR PARTAKING IN ANY OF THE FOREGOING BY USER, THOSE UNDER USER’S CONTROL OR SUPERVISION, OR THOSE BY WAY OF USER’S DEVICES OR THIRD- PARTY PROVIDERS, SHALL BE SUBJECT TO BOTH CIVIL AND CRIMINAL STATE, FEDERAL, AND FOREIGN RULES, REGULATIONS, AND LAWS, AND, IN ADDITION TO LEGACY’S OTHER RIGHTS AND REMEDIES, LEGACY HEREBY RESERVES THE RIGHT TO, UNDER THE FULLEST EXTENT PERMITTED BY ANY AND ALL APPLICABLE RULES, REGULATIONS, AND LAWS, CRIMINALLY PROSECUTE USER, AS WELL AS TO SEEK AND RECOVER ANY AND ALL MONETARY, ACTUAL, INCIDENTAL, CONSEQUENTIAL, OR EXPECTATION DAMAGES (INCLUDING, ATTORNEYS’ FEES AND RELATED LEGAL EXPENSES);
6. Secure access to and use of User’s account, Registration Materials, Personal Information, and Payment Information, as well as refrain from attempting to, facilitating, and in fact accessing or using any other User’s, individual’s, entity’s, or organization’s (including Legacy’s and our Licensed Parties’, Affiliated Entities’, and Third-Party Providers’) account, Registration Materials, Personal Information, Payment Information, proprietary and/or private material, username, password, security protocols and systems, content, data, and/or databases;
7. Read and comply with the United States Export Administration Laws and Regulations which governs all access to and use of the Website (and all portions thereon and therefrom), including not accessing, acquiring, shipping, transmitting, downloading, uploading, transmitting, exporting, or re-exporting the Website (and any and all portions thereon and therefrom), indirectly or directly, to any embargoed or otherwise prohibited countries, nationals, and public-at-large nor in connection with any other unlawful or prohibited purposes, gains, or means;
8. Represent and confirm that all Registration Materials, Personal Information, and Payment Information provided by, associated with, related to, in connection with, or otherwise concerning User, including User’s Devices, is, and shall remain, current and legally accurate, truthful, and owned or authorized;
9. Certify that all information, content, data, text, audio, software, files, and other User-Generated Content by User or associated with, related to, in connection with, or otherwise concerning User, User’s account, User’s Devices, and User’s Personal Information shall not be posted, re-posted, uploaded, broadcasted, or otherwise transmitted, whether intentional or not, in violation of these Terms, those elsewhere in the Agreement, and any rule, regulation, or law (including, without limitation, copyright and other intellectual property protections, whether domestic or foreign) nor is illegal, libelous, confidential information, obscene, invasive, defamatory, vulgar, harassment, slanderous, violent, harmful, obscene, false, misleading threatening, or unauthorized advertising or spam; AND
10. Refrain and restrict, restrain, and prevent others from, absent Legacy’s express prior written consent, duplicating, “scraping,” harvesting, compiling, copying, editing, remixing, altering, revising, adapting, enhancing, reformatting, creating derivative works of/from, deleting, reverse-engineering, licensing, re-creating, mimicking, imitating, copying, selling, repurposing, reproducing, broadcasting, selling, trading, exchanging, publishing, downloading, uploading, decrypting, distributing, and erasing, whether manually and automatically, any elements, styles, text, audio, visual media, files, code, assets, databases, trademarks, copyrights, ideas, words, arrangements, offers, verbiage, promotions, trademarks, copyrights, intellectual property, concepts, terms, and information, in whole or in part, on or through the Website and all portions thereon and therefrom, whether front-facing or otherwise protected, including the Services, Content, Transactions, Products, Destination Links, as well as other Users’, regardless of registration status, Registration Materials, Personal Information, and Payment Information.
B. CONTENT.
I. SCOPE OF RIGHTS, RESPONSIBILITIES.
At various locations on the Website, Legacy may permit Users to upload, download, display, perform, transmit, broadcast, post, or otherwise exhibit reviews, comments, information, data, text, pictures, graphics, files (including audio, visual, and audio- visual), and other content in a non-repetitive, singular, and otherwise compliant manner in accordance with these Terms, those elsewhere in the Agreement, and applicable local, state, federal, and foreign rules, regulations, and law (“User-Generated Content” or “UGC”). Legacy is not the author, moderator, nor publisher of any UGC and merely provides a passive Website and Service for Users individual personal use and convenience. Notwithstanding the preceding sentence, Legacy expressly reserves the right to refuse and restrict access to and use of the Website and any and all portions thereon and therefrom, including such UGC and related Services, of any User, regardless of registration status, at any time, for any reason or for none, in our sole discretion, without notice to you. By accessing or using the Website and all portions thereon and therefrom, User represents, acknowledges, warrants, covenants, and affirms that all of User’s materials, activities, information, data, and codes, including UGC, which are associated with, related to, in connection with, or otherwise concerning User’s account, Devices, Registration Materials, or Personal Information, whether publicly transmitted, posted, or exhibited by User or privately provided on or through the Website by us, are, and shall remain, the sole and exclusive responsibility and liability of User alone, including the legality, accuracy, originality, and reliability of all of the foregoing. For the avoidance of doubt, absent Legacy’s express prior written consent, in no event shall User post, upload, transmit, send, or otherwise make available on or through the Website UGC more than one (1) time.
Legacy is not, and shall never be, responsible nor liable for User’s attempt to, facilitation of, and in fact access to and use of UGC and related Services, whether on or through the Website, regardless of such UGC, objectively or subjectively, being inaccurate, offensive, erroneous, disrespectful, defamatory, obscene, or otherwise objectionable. Notwithstanding the preceding sentence, in no event shall User post, enable, authorize, encourage, assist, suggest, inform, promote, or provide access to any other content, information, data, software, or services (including, but not limited to, via User’s own UGC) which is, in Legacy’s sole discretion and determination: (1) libelous, invasive of privacy, confidential, fraudulent, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, lewd, illicit, offensive, obscene, sexually explicit, or otherwise unlawful or non-compliant with these Terms, those elsewhere in the Agreement, or applicable local, state, federal, and foreign rules, regulations, and laws; (2) spam, junk mail, spam, multi-level marketing schemes, phishing, marketing, solicitous, advertising, or commercial; and (3) instructs, assists, encourages, authorizes, or otherwise promotes unlawful behavior or activities, whether civilly or criminally. User alone is responsible and liable for not violating nor otherwise infringing the rights and interests (including intellectual, proprietary, and personality) of Legacy and our Affiliated Entities, Licensed Parties, and Third-Party Providers, as well as other Users, regardless of registration status, and the public at large, including associated with, related to, in connection with, or otherwise concerning any requisite licenses, permissions, and authorizations to and for any Services, Content, Products, Destination Links, and UGC on or through the Website, as well as other User’s or the public-at-large’s information, data, and property.
II. RESTRICTIONS.
In addition to and to the same extent and in the same manner as the remainder of these Terms and those elsewhere in the Agreement, as a condition to User’s access to and use of the Website and all portions thereon and therefrom, User hereby acknowledges, represents, covenants, warrants, affirms, and guarantees to be bound by, to abide by, comply with, and be solely responsible and liable for the following restrictions, as well as ensuring, enforcing, and restricting all of the foregoing and following rules by other individuals, entities, and organizations under User’s supervision or control, whether indirectly or indirectly, including all who access, utilize, or otherwise exploit any Third- Party Providers or Devices that User is associated with, related to, connection to, pays or is otherwise responsible for, shall, in fact, at all times, never attempt, facilitate, nor in fact:
1. Access and use any proprietary and otherwise private materials, information, data, systems, and databases not publicly available or otherwise front-facing on or through the Website, including, but not limited to, any and all of the foregoing associated with, related to, in connection with, or otherwise concerning Legacy and our Licensed Partners, Associated Entitles, and Third-Party Providers; the Website and all portions thereon and therefrom, including, but not limited to, the Services, the Content, the Transactions, the Products, Destination Links, and other User’s (regardless of registration status) Registration Materials, Payment Information, Personal Information, and UGC; and the public-at-large;
2. Post, upload, exploit transmit, exhibit, publish, broadcast, distribute, or otherwise transmit any intellectual property, content, information, copyrights, trademarks, patents, data, databases, code, or systems that may infringe upon or violate any rights or interests of Legacy or our Affiliated Entities, Licensed Parties, and Third-Party Providers nor that of any other User, individual, entity, or organization; AND
3. Employ, engage, deploy, partake, undertake, initiate, endorse, activate, or participate in any commercial, promotional, unlawful, or otherwise exploitative purposes, endeavors, schemes, strategies or plans associated with, related to, in connection with, or otherwise concerning the Website and any and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, Products, Destination Links, UGC, and any and all other proprietary or intellectual property, whether registered, owned, licensed, posted, transmitted, or otherwise exhibited by Legacy or our Licensed Partners, Affiliated Entitles, or Third-Party Providers, other Users, or the public-at-large.
III. LEGACY’S LICENSE.
By uploading, posting, transmitting, providing, broadcasting, publishing, exhibiting, or otherwise making available, regardless of the manner and mechanism, whether publicly or privately, any UGC, User grants to Legacy and to our Affiliated Entities, Licensed Parties, and Third-Party Providers, as well as to other Users, a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right and license, for as long as such UGC remains on the Website, to use such UGC in any manner and method in compliance with these Terms, those elsewhere in the Agreement, and pursuant to applicable local, state, federal, and foreign rules, regulations, and laws or as Legacy may determine in our sole discretion (including, reproducing, modifying, creating derivative works of/from, distributing, broadcasting, publicly displaying, transmitting, and otherwise exhibiting such UGC however and whenever). User represents and warrants that any and all of the foregoing shall not infringe upon nor violate any and all rights and interests of other Users (regardless of registration status), individuals, entities, rules, regulations, and laws. In no event shall Legacy nor our Affiliated Entities, Licensed Parties, and Third-Party Providers, be under any obligation or duty to maintain the confidentiality of, to provide any compensation for, nor to moderate, verify, and respond to, any UGC.
IV. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
In the event User in fact believes that any of the Services, Content, Products, Destination Links, or UGC made available on or through the Website infringes on or otherwise violates User’s own intellectual or other proprietary rights and interests, User may notify Legacy in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act and e-mail us at ____________________ with the following requisite information: (1) a signature (electronic or physical) of the authorized individual or owner of the right or interest; (2) a description of, and link to, the material complained of; (3) User’s mailing address, telephone number, and email address; (4) an express statement by User that User has a good faith belief that the use is not authorized by the legal owner, agent, or otherwise under the law; AND (5) an express statement by User that the foregoing information and such complaint is made under penalty of perjury, is accurate and truthful, and that User is either the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
C. REGISTRATION & ACCOUNT.
To access portions of the Website (including initiating and partaking in Transactions, UGC, and other Services), User may be required to create a new, or log-in to an existing, account (“Registration”). During Registration, User may be provided with or may affirmatively choose a username and password, and may be required to disclose other Personal Information and Payment Information (collectively, “Registration Materials”). Although certain Registration Materials are processed in accordance with our Privacy Policy, User alone is responsible and liable for the continued security, confidentiality, and access to User’s Registration Materials, including all activities associated with, related to, in connection with, concerning, or otherwise traceable to User’s account, Personal Information, or Devices. Legacy is not, and shall never be, responsible nor liable, in any event, for nor in connection with, any theft and fraudulent use of User’s Registration Material and account, nor for any and all damages and losses associated with, related to, in connection with, or otherwise concerning User’s account, activity, and Registration Materials. In the event that User suspects your Registration Materials are no longer secure or otherwise solely under your control, User must promptly inform Legacy so that we may disable or otherwise restrict access to User’s account by emailing us at friends@legacy.world. For the avoidance of doubt, regardless of Legacy’s receipt of any such notice from User, User alone remains responsible and liable for, at all times and to the fullest legal extent, all obligations, responsibilities, liabilities, repercussions, and damages pursuant to this Section III(C).
As a condition to User’s access to and use of the Website, all conduct, activities, and information associated with, related to, in connection with, or otherwise concerning User’s account, Devices, Personal Information, and Registration Materials, whether affirmatively posted, initiated, published, provided, broadcast, or transmitted by User, those under User’s supervision or control or by way of User’s Devices and Third-Party Providers, are User’s exclusive responsibility and liability, as well as User’s affirmative representation, guarantee, and warranty that all such access to and use of the Website and all portions thereon and therefrom is, and will remain, legally truthful, accurate, complete, current, and owned, or authorized to be used by User in accordance with these Terms, those elsewhere in the Agreement, and any and all applicable local, state, federal, and foreign rules, regulations, and laws. By providing and otherwise submitting any and all Registration Materials, User acknowledges and consents to Legacy’s sharing (including potentially by unencrypted transmission over various Devices and Third-Party Providers which we have no control over and disclaim all responsibility and liability associated therewith, related thereto, in connection therewith, or otherwise thereby concerning) such Registration Materials to Third-Party Providers for, among other purposes, facilitating and completing Transactions. Legacy reserves the right, but undertakes no such duty, to deny, verify, restrict, and disable any User’s account and Registration Material, at any time, in our sole discretion, for any or no reason whatsoever, including for User’s violation of these Terms, those elsewhere in the Agreement, or any and all applicable local, state, federal, and foreign rules, regulations, and laws
D. INDEMNITY & RELEASE.
To the fullest extent permitted under applicable local, state, federal, and foreign rules, regulations, and laws, User indemnifies, defends, and hold harmless Legacy and our Affiliated Entities, Licensed Parties, and Third-Party Providers from and against all claims, judgements, settlements, actions, damages, awards, losses, demands, costs, and expenses (including, but not limited to, reasonable outside attorneys’ fees and actual, documented court costs) associated with, related to, in connection with, or otherwise concerning User’s access to or use of the Website and any and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, Products, Destination Links, UGC, as well as User’s breach (whether actual or alleged) of these Terms, those elsewhere in the Agreement, or of any applicable local, state, federal, and foreign rules, regulations, and laws.
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