You need to be at least 13 years old and a resident of the United States to register for and use the Software. If you are a user who signs up for the Software, you will need to create a personalized account which includes a unique username and a password to access the Software and to receive messages from Legendary Tookit. You agree to notify us immediately of any unauthorized use of your password and/or account. Legendary Tookit will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Software is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
Opinions, advice, statements, offers, or other information or content made available through the Software, but not directly by Legendary Tookit, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Legendary Tookit does not guarantee the accuracy, completeness, or usefulness of any information on the Software and neither does Legendary Tookit adopt nor endorse, nor is Legendary Tookit responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Legendary Tookit. Legendary Tookit takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Software. Under no circumstances will Legendary Tookit be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Software or transmitted to users or the lack of information on the Software.
As part of the Software, Legendary Tookit may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to you. Legendary Tookit has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Legendary Tookit, and Software is not responsible for any Third Party Sites accessed through the Software or any Third Party Applications, Software or Content posted on, available through or installed from the Software, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Software. If you decide to leave the Software and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Software or relating to any applications you use or install from the Legendary Tookit website.
(a) Termination of Repeat Infringer Accounts. Legendary Tookit respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Legendary Tookit has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Software who are repeat infringers. Legendary Tookit may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA TakeDown Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Software infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to the Legendary Tookit's agent at Customer Support Contact Email:
(c) Counter-Notices. If you believe that your User Content that has been removed from the Software is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by Legendary Tookit's agent, Legendary Tookit may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Legendary Tookit's discretion) be reinstated on the Software in 10 to 14 business days or more after receipt of the counter-notice.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Software, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Software may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
The Software operates by accessing and compiling information that is owned by third parties. If Legendary Tookit’s access to such information is restricted or terminated, the Software may be unable to function or may experience a reduction in the quality of Service. As such, Legendary Tookit cannot guarantee the continuation or quality of Service when such access to information is restricted or terminated by third party action. By using our Service, you acknowledge that you understand and agree to assume these risks.
Communications made through the Software's email and messaging system, will not constitute legal notice to Legendary Tookit or any of its officers, employees, agents or representatives in any situation where notice to Legendary Tookit is required by contract or any law or regulation.
Opting out may prevent you from receiving messages regarding Legendary Tookit or special offers.
THE SOFTWARE, IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Legendary Tookit EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Legendary Tookit MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO, AVAILABILITY OF OR OPERATION OF THE SOFTWARE WILL BE PERPETUAL, UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SOFTWARE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. LIMITATION OF DAMAGES RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Legendary Tookit, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT (B) YOUR USE OR INABILITY TO USE THE SOFTWARE (C) THE SOFTWARE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SOFTWARE AVAILABLE (D) THE SUSPENSION OR TERMINATION OF SERVICE OR (E) ANY OTHER INTERACTIONS WITH Legendary Tookit OR ANY OTHER USER OF THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Legendary Tookit HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, or a merchant of a product or service relating to the Software, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code &1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Legendary Tookit to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Legendary Tookit must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.