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Terms of Use
1. Acceptance by You
1.1 By visiting or using our Site (including all content and features available through the Legendseekers.com, Legendseekers.org, Legendseekers.net, Legendseekers.co.uk, and Legendseekers.eu, domain names, the "Legend Seekers Site", or "Site"), you register your agreement to: (1) these terms and conditions (the "Terms of Site Use and Service" or “Terms”), (2) Legendseekers.com Privacy Statement and Notice, (3) Legendseekers.com authorization and general release agreement, and (4) Legendseekers.com Guidelines. If you do not agree to any of these Terms, the Legendseekers.com Privacy Statement and Notice, the Authorization and General Release Agreement, or the Upload Guidelines, please do not use the Legendseekers.com Site.
1.2 While, we may attempt to notify you when changes are made to these Terms, Legendseekers.com may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer third-party benefits or rights.
2. Legendseekers.com Accounts
2.1 In order to access some features of the Site, you will have to register to create a Legendseekers.com account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may never use another's account without permission. You must notify Legendseekers.com immediately of any security breach or unauthorized use of your account.
2.2 Legendseekers.com will not be liable for your losses caused by any unauthorized use of your account; however you may be liable for the losses of Legendseekers.com or others due to unauthorized use.
3. Legendseekers.com Site
3.1 These Terms of Site Use apply to all users of the Legendseekers.com Site, including users who are also contributors of video content, written information, and/or services on the Site. The Legendseekers.com Site includes all aspects of Legendseekers.com, including but not limited to all products and services offered via the Site.
3.2 The Legendseekers.com Site may link to third party Sites that are not owned or controlled by Legendseekers.com. Legendseekers.com assumes no responsibility for, the practices, privacy policies, or content, of third party Sites. By using the Site, you expressly release Legendseekers.com from any and all liability arising from your use of any third-party Site.
3.3 Be then aware of leaving the Legendseekers.com Site and to familiarize yourself of the privacy policies, terms, conditions and guidelines of other third-party Sites that you visit.
4. General Use of the Site—Permissions and Restrictions
4.1 Legendseekers.com hereby grants you permission to access and use the Site as set forth in these Terms of Site Use, provided that:
4.11 You agree not to distribute in any medium any part of the Site, including but not limited to User Uploads, without Legendseekers.com prior written authorization.
4.12 You agree not to access User Uploads or Legendseekers.com Content through any technology or means other than the video playback pages of the Site itself, or other explicitly authorized means by Legendseekers.com.
4.13 You agree not to use the Site for any commercial use, without the prior written authorization of Legendseekers.com. Prohibited commercial uses include any of the following actions taken without the express written approval of Legendseekers.com:
- use of the Site or its related services for the primary purpose of commercial gain or advertising revenue;
- the sale of advertising, targeted to the content of specific User Uploads on the Legendseekers.com Site;
- sale of access to the Site or related services.
- And any competitive use of the Site or its related services that is that is determined by Legendseekers.com, at its sole discretion, to be harming or displacing the market for Legendseekers.com and Legendseekers.com content.
4.14 You agree not to alter or modify any part of the Site.
4.15 You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to the Legendseekers.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Legendseekers.com permits the use of public search engines to use technology to copy materials from the site for the sole purpose of creating publicly available searchable indices, but not archives or caches of such materials. Legendseekers.com reserves the right to revoke these exceptions at its discretion. You agree not to copy or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, commercially, any users of the Site with respect to their User Uploads.
4.16 Legendseekers.com reserves the right to modify and/or discontinue any aspect of the Legendseekers.com Site at any time.
5. Use of Content on the Site
5.1 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the content of the Legendseekers.com Site.
5.2 The content on the Legendseekers.com Site, except all User Uploads (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Legendseekers.com, subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Legendseekers.com reserves all rights not expressly granted in and to the Site and the Content.
5.3 You may access User Uploads solely for your information and personal use; as intended through the normal features of Legendseekers.com; for real-time viewing; and is specifically not intended to be copied, stored, permanently downloaded, or redistributed by the user except through the sharing functions provided on the Site.
5.4 User Comments are made available to you for your information and personal use solely as intended through the normal features of Legendseekers.com. User Comments appear as provided, and may not be used, copied, reproduced, broadcast, displayed, sold, downloaded, or otherwise exploited in a manner not intended by the normal features of Legendseekers.com or otherwise as prohibited under this Agreement.
5.5 You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Uploads of third parties obtained through the Site for any commercial purposes.
5.6 You agree not to interrupt, disable or interfere with the security features of the Legendseekers.com Site or features that prevent or restrict use or copying of any Content.
5.7 You understand that User Uploads may be opinionated personal versions of a family story that, as such, may not be construed to be a violation of your or any other third-parties’ privacy.
5.8 You understand that in using the Legendseekers.com Site, you will be exposed to User Uploads from a variety of sources, and that Legendseekers.com is not responsible for the accuracy, opinions, usefulness, or intellectual property rights of or relating to such User Uploads. You further understand and acknowledge that you may be exposed to User Uploads that are inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal rights or remedies you have or may have against Legendseekers.com with respect thereto, and agree to indemnify and hold Legendseekers.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
6. User Uploads
6.1 As a Legendseekers.com account holder you may submit video content ("User Video Legends") and textual content (“User Written Legends” and/or "User Comments"). User Video Legends, User Written Legends and User Comments are collectively referred to as "User Uploads." You understand that whether or not such User Uploads are published, Legendseekers.com does not guarantee any confidentiality with respect to any User Uploads.
6.2 You shall be solely responsible for your own User Uploads and the consequences of posting or publishing them. In connection with User Uploads, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Legendseekers.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Uploads to enable inclusion and use of the User Uploads in the manner contemplated by the Site and these Terms of Service.
6.3 By submitting User Uploads to Legendseekers.com, you hereby grant Legendseekers.com a worldwide, non-exclusive, royalty-free, license to use, distribute, reproduce, prepare derivative works of, display, and perform the User Uploads in connection with the Legendseekers.com Site and Legendseekers.com (and its owner’s, successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Legendseekers.com Site (and derivative works thereof) in and through any media. You also hereby grant each user of the Legendseekers.com Site a non-exclusive license to access your User Uploads through the Site, and to use, reproduce, distribute, display and perform such User Uploads as permitted through the features of the Site and under these Terms. You understand and agree, however, that Legendseekers.com may retain, but not display, distribute, or perform, server copies of User Uploads that have been deleted. The licenses granted by you in User Comments are perpetual and irrevocable.
6.4 In connection with User Uploads, you further agree that you will not submit material that is copyrighted, or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from their owner to post the material and to grant Legendseekers.com all of the license rights granted herein.
6.5 You further agree that you will not, in connection with User Uploads, submit material that is contrary to Legendseekers.com guidelines.
7. Production Authorization and General Release Agreement
7.1 This Agreement (“Agreement”) is made between Parthenia Group, LLC (“Parthenia”), an Illinois limited liability company, and the registered user of Legendseekers.com, for the purpose of authorizing Parthenia to include you and/or your family legend in film, television or video production.
7.2 Rights Granted. You hereby irrevocably consent and agree that Parthenia, its successors, licensees and assigns, shall exclusively have the perpetual worldwide right, in any media now known or to be developed, to use, fictionalize and/or exploit, in whole or in part, your life story, your recollections of family members and others, personal experiences in connection with a specific event, name, likeness, statements, writings, photographs, anecdotes, appearances, signature and voice, in connection with development, production, exploitation, distribution and advertisement of Parthenia’s television productions, including all motion picture rights, all television rights, remake and sequel rights, novelization rights, and all allied, ancillary, corollary rights, subsidiary, merchandising rights in any and all languages. You understand and agree that Parthenia may portray you, your life story and your ancestors in any manner and with any actor(s) and that you may be shown onscreen. You understand Parthenia will have the right to add to, subtract from, arrange, alter, and revise your contributions and all materials relating thereto in any manner and to combine such materials with materials relating thereto in any manner. You waive any rights of “droit moral” that you may have in your life story and any contributions made to Parthenia’s production(s). All rights, licenses and privileges granted to Parthenia shall be cumulative and may be exercised or used separately from, simultaneously with, or in connection with any other such rights, licenses, and privileges. Notwithstanding the foregoing, Parthenia has no obligation whatsoever to use any of the rights granted here or produce any works based on them.
7.3 Representations. You have not previously granted, assigned, licensed, sold or transferred any of the rights described above to any other third party and have not written an autobiography or authorized anyone to write a biography about you. Because this is an exclusive grant of rights you acknowledge that with your Agreement you will not sign any transfer of rights, property or privileges similar to or competing with or diminishing the value of any of the rights you have granted to Parthenia.
7.4 Release. For the consideration stated below, You hereby release and discharge Parenthia, any parent, subsidiary and affiliated companies and their respective past, present and future officers, agents, employees, managers, members, attorneys, successors, assigns and licensees and each of them (collectively “Released Parties”), of and from each and every past, present and future claims, demands, causes of action, suits, debts, losses, liabilities, damages of any kind, whether now known or unknown, which have arisen or are based in whole or in part upon any use of the rights granted above. Without limiting the foregoing, this release is intended to include any and all past, present and future claims based on any civil rights statute, libel, defamation, invasion of privacy or right of publicity, copyright infringement or violation of any other right arising out of this Agreement.
7.5 Consideration. As full and complete consideration for granting the rights in this Agreement, Parthenia will, subject to Legendseekers.com Terms, electronically publish your video or written legend and/or story on its Site to assess its public popularity and evaluate it by additional professional criteria for possible use in future produced media. You understand that there is no further consideration and there are no further payments of any sort due to you whatsoever.
7.6 Further Covenants. You further covenant and agree not to sue or bring or join in any type of claim, action, proceeding or investigation against any Released Party based upon or related to any matters covered by Section 7.5 above.
7.7 Assignment. This Agreement and all rights granted herein shall inure to the benefit of Parthenia and its parent, subsidiaries and affiliated companies, successors, assigns and licensees. Parthenia is free to assign the Agreement and/or any of its rights hereunder to any person or entity. You understand that because of the personal nature of this Agreement, You cannot assign it to any person or entity.
7.8 Miscellaneous. This Production Authorization and General Release Agreement shall be governed by the laws of the State of Illinois, excluding the conflict of laws provisions. Any action brought related to this Agreement shall be filed in the Circuit Court for the Eighteenth Judicial Circuit of Illinois in Wheaton, Illinois. This Agreement constitutes the entire understanding between the parties with respect to its subject matter and supercedes any prior oral or written representations with respect to its subject matter. Any amendment to this Agreement must be in writing and signed by both parties. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be unenforceable or invalid only to the extent necessary to bring it within the legal requirements and all other provisions shall remain in full force and effect.
8. Account Termination
8.1 Legendseekers.com will terminate a User's access to its Site if, under appropriate circumstances, they are determined to be a repeat infringer.
8.2 Legendseekers.com reserves the right to decide whether content or a User Upload is appropriate and complies with these Terms for violations other than copyright infringement, such as, but not limited to, gross inaccuracies, pornography, obscene or defamatory material, or excessive length. Legendseekers.com may remove such User Uploads and/or terminate a User's access for uploading such material in violation of these Terms of Site Use without notice and at its sole discretion.
9. Disclaimer
9.1 YOU AGREE THAT YOUR USE OF THE LEGENDSEEKERS.COM SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LEGENDSEEKERS.COM, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. LEGENDSEEKERS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS OR VIRUSES, THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE LEGENDSEEKERS.COM SITE. LEGENDSEEKERS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LEGENDSEEKERS.COM SITE OR ANY HYPERLINKED SITE, AND LEGENDSEEKERS.COM WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10. Limit of Liability
10.1 IN NO EVENT SHALL LEGENDSEEKERS.COM, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS OR VIRUSES, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE LEGENDSEEKERS.COM SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LEGENDSEEKERS.COM SHALL NOT BE LIABLE FOR USER UPLOADS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE RESTS SOLEY WITH YOU.
11. Indemnity
11.1 You agree to defend, indemnify and hold harmless Legendseekers.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Legendseekers.com Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Uploads caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Legendseekers.com Site.
12. Ability to Accept Terms of Site Use
12.1 You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Site Use, and to abide by and comply with these Terms of Site Use.
13. General
13.1 You agree that: (i) the Legendseekers.com Site shall be deemed solely based in the state of Illinois; and (ii) the Legendseekers.com Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Legendseekers.com, either specific or general, in jurisdictions other than Illinois. These Terms of Site Use shall be governed by the laws of the State of Illinois, excluding the conflict of laws provisions. Any action brought related to this Agreement shall be filed in the Circuit Court for the Eighteenth Judicial Circuit of Illinois in Wheaton, Illinois.
13.2 These Terms of Site Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Legendseekers.com without restriction.
13. 2 These Terms of Site Use, together with the Privacy Notice and any other legal notices published by Legendseekers.com on the Site, shall comprise the entire agreement between you and Legendseekers.com concerning the Legendseekers.com Site. If any aspect of these Terms of Site Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provision of these Terms of Site Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Site Use shall be deemed a further or continuing waiver of such term or any other term, and Legendseekers.com failure to assert any right or provision under these Terms of Site Use shall not constitute a waiver of such right or provision. Legendseekers.com reserves the right to amend these Terms of Site Use without notice, and it is your responsibility to review these Terms of Site Use for any changes. Your use of the Legendseekers.com Site following any amendment of these Terms of Site Use will signify your assent to and acceptance of its revised terms. You and Legendseekers.com agree that any cause of action arising out of the Legendseekers.com site must commence within nine (9) months after the cause accrues. Otherwise such cause of action is permanently barred.
13.3 The Site is controlled and offered by Legendseekers.com from its facilities in the United States of America. Those who access or use the Legendseekers.com Site from other jurisdictions are responsible for compliance with local law.
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