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Terms of Use

TERMS OF USE AND SALE

WELCOME TO WWW.LEGACYKIT.COM! PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE USING THIS SITE OR ORDERING ANY PRODUCTS OR SERVICES FROM THIS SITE.  

This Agreement was last updated on September 1, 2017.

  1. Scope of Agreement 

This Web Site Terms of Use Agreement (the “Agreement) is between you (collectively, with the entity or organization that you represent, “You” and “Your”) and LEGACY MEDIA LLC as the owner and operator of LEGACY MEDIA DIGITAL and LEGACYKIT.COM (“Company” or “We” or “Us”). This Agreement governs Your access to and use of this Web site (including without limitation, all Content (as defined herein), software, HTML and other code, and script forming a part of this Web site, and all goods, services and transactions offered through this Web site and the mobile application, the “Site”). In addition to complying with the terms and conditions of this Agreement, You agree to comply with all additional terms and conditions governing the access to and use of specific areas of this Site which are incorporated into and made a part of this Agreement: 

» Please click here to read Company’s Privacy Policy which is hereby incorporated into and made a part of this Agreement.  The Privacy Policy explains how Company collects, uses and discloses Your personal information.

  1. Binding Agreement 

(a)        BY ACCESSING OR USING THIS SITE IN ANY MANNER YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. If YOU do not understand or agree to each of the terms, conditions and notices in this AGREEMENT, YOU SHOULD not access Or use this SITE IN ANY MANNER.

(b)        A printed version of this Agreement and of any notice given in electronic form will 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. Company recommends that You print a copy of the most current version of this Agreement for Your records.

  1. Modification of Terms and Conditions

(a)        We may, at any time and in its sole discretion, modify, add or delete provisions in this Agreement. You are responsible for regularly reviewing the terms and conditions of this Agreement. If You object to any such modifications, additions or deletions, Your only recourse is to terminate this Agreement and to stop any and all use of this Site. Your continued use of this Site following such modifications, additions or deletions shall constitute Your review and acceptance of and agreement to such modifications, additions or deletions. 

(b)        Except as provided for in this Section 3, the provisions of this Agreement may not be modified, revised or amended, and none of its provisions waived, except in a written document executed by Us.

  1. Prices and Payment Terms

(a)        All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be sent out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. 

(b)      Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards & offer use of PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

  1. Modification of Site

We may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all services or transactions offered through this Site), in whole or in part, without notice or liability to You. 

  1. Right to Use Site

You represent and warrant to Us that You are at least 13 years of age. If You are below 18 years of age you must have a parent or guardian’s permission to use the Site. You must have a valid credit or debit card in order to use the Site. 

  1. Use and Protection of Password and ID

(a)        We may assign or allow you to choose a password and account ID to You so you can access and use certain areas of this Site. Each user who uses such password and ID will be deemed to be authorized to access and use this Site and We have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.

(b)        You are solely responsible for protecting the security and confidentiality of the password and ID. You shall immediately notify Us of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site’s security.

  1. Licenses

(a)        Subject to the terms and conditions of this Agreement, You are granted a limited, revocable, non-exclusive and non-transferable license, without the right to sublicense, to access and use this Site only for (i) displaying this Site on Your Internet browser; and (ii) printing or copying portions of this Site.  Your access and use of this Site is further limited to personal, internal and non-commercial purposes only.

(b)        Except as permitted in the limited license set forth in paragraph (a), above, You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site  (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site.  

(c)        You grant Us a non-exclusive, royalty-free license to make, and cause others to make reproductions of the photographs and audio-visual content You send to us (collectively, “Content”) in order to fulfill the services We provide through the Site.

(d)        We may occasionally request from You the right to use Your Content on the Site otherwise as promotional material. We will not use Your Content for any purpose except as set forth in Section 8(c) without your express written permission.

  1. Availability and Use of Site

The availability of this Site depends on many factors, including some factors that are beyond Our control, such as Your connection to the Internet and the Internet backbone. We shall not be liable to You if You cannot use this Site due to any reason.

  1. Termination

In addition to any other legal or equitable remedies, We may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement at any time by ceasing to use the Site, but any obligations You have incurred prior to such termination shall survive such termination.

  1. Intellectual Property; Compliance with Law

(a)        U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws.  We shall aggressively enforce Our intellectual and proprietary rights and the rights of third parties to the fullest extent of the law.

(b)        You warrant and represent to Us that all of Your Content is original to You or that You have the right to make copies of the Content in modified format, and to cause others to do so, and that the Content does not contain any illegal material. We have no obligation to monitor the Content, but We reserve the right to do so. We reserve the right to refuse to make copies of any Content that we believe in our sole discretion is unlicensed or otherwise illegal. If We find Content that we reasonably believe consists of child pornography or is evidence of a crime, We shall, in our discretion, hand over that Content, along with Your name and contact information, to the appropriate authorities. You agree that by submitting any Content that violates state or federal law, You waive any rights you may otherwise have under Our Privacy Policy. 

  1. Notice of and Procedure for Copyright Infringement

(a)        We respect other’s intellectual and proprietary rights. In accordance with the Digital Millennium Copyright Act, We have designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send Our Designated Agent a notice containing the following elements:

(b)        Send the notice containing the above information to the following Designated Agent:

Name of Designated Agent:     McKay Murdock

Mailing Address:                       946 West Sunset Blvd, Suite M       

                                                 St George, UT 84770

Telephone number:                  (435) 313-0087

E-mail Address:                        info@legacymediadigital.com

NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING COMPANY THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO COMPANY’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.  

  1. Links To Other Internet Sites

This Site may contain links to Internet sites owned, operated or maintained by third parties not under Company's control.  These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be Company's endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.

  1. Warranty Disclaimer; Limitation of Liability

(a)        ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. COMPANY DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. 

(b)        TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OWNER, PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. 

(c)        TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO COMPANY FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO COMPANY’S LIABILITY.

(d)        RISK OF LOSS.  ANY PURCHASES MADE THROUGH THE SITE ARE PURSUANT TO A SHIPMENT CONTRACT WITH A THIRD PARTY SUCH AS USPS, FEDEX, OR UPS. RISK OF LOSS OF YOUR CONTENT PASSES TO US ONLY WHEN THE CONTENT ARRIVES AT OUR OFFICES, AND PASSES TO YOU WHEN WE DELIVER YOUR CONTENT TO A THIRD PARTY SHIPPING CARRIER. WE ARE NOT RESPONSIBLE FOR LATE, LOST OR MISDIRECTED MAIL.

  1. Indemnity

You agree to indemnify, defend and hold harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Your access or connection to, or use of this Site, including without limitation claims arising out of any Submissions submitted to this Site by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Company’s defense of such claims. 

  1. Relationship of Parties

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between the You and Company as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of Company and Company shall not be liable for any representation, act or omission by You to the contrary.

  1. Assignment

You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Company’s successors, assigns and licensees.

  1. Injunctive Relief; Remedies

(a)        You agree that Company’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Company shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Company may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees.

(b)        All rights and remedies granted to Company under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Company at law or in equity.

  1. Governing Law and Jurisdiction; Limit on Commencing Actions

(a)        This Agreement is governed by the laws of the State of Utah, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in St. George, Utah, U.S.A. in all disputes arising out of or relating to the use of this Site.  

(b)        You must commence any cause of action or claim against Company within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.  

  1. International Access 

This Site can be accessed from countries other than the United States. This Site may contain Company products or services, or references to Company products or services, that are not available outside of the United States. Any such references do not imply that such Company products or services will be made available outside the United States. If You access and use this Site outside the United States You are responsible for complying with Your local laws and regulations.  

  1. Contact Information

 Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail to info@legacymediadigital.com or by regular mail to Legacy Kit, 946 West Sunset Blvd, Suite M, St George, UT 84770.

  1. Reservation of Rights

Company reserves to itself any and all rights not expressly granted herein.