Terms & Conditions

Website Terms of Service

November 9, 2018

These Terms of Service (“Terms”) govern your use of the Legends Access website, including but not limited to Legends Access ShoutOuts and e-commerce platform (“Site”) and any Legends Access mobile application and other services offered by Legends Access, LLC. (“Services”).  Legends Access, LLC (“we,” “us,” or “Legends Access”) provides the Site and Services. “You” refers to you as a user of the Site or Services.

BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.

1.  Acceptance of Terms.

By accessing or using the  website (including, but not limited to any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, posting, any forum, wiki, blog, or services provided on it) (this “Website”), you accept and agree to abide by these Terms of Use. Additionally, your use of this Website, which is provided by Legends Access, LLC and/or its affiliates (collectively, “Legends Access”), may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (collectively, “Additional Legal Terms”), which may be posted on this Website where applicable. These Terms of Use and the applicable Additional Legal Terms form a legally binding agreement between you and Legends Access. By using this Website, you are signifying your assent to these Terms of Use and the applicable Additional Legal Terms. Any services used through this Websites are also governed by these Terms of Use and the applicable Additional Legal Terms. Whenever there is a conflict between the terms in these Terms of Use and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are accessing and/or using this Website on behalf of your employer or as a consultant or agent of a third party (collectively “your company”), you represent and warrant that you have the authority to act on behalf of and bind your company to these Terms of Use and everywhere in these Terms of Use that refers to “you” or “your” shall also include your company.

2.  ShoutOut Videos.

Through the Site and Services, you have the opportunity to purchase personalized videos (“ShoutOuts”) from sports talent (“Legends”).  You will submit a request for a ShoutOut for a Legend through the Legends Access website.  The Legends has 48 hours to accept or decline your request. Once your request is accepted, your payment account will be charged and there will be no returns or refunds issued.

Upon receipt of full payment for your ShoutOut, you are granted a non-exclusive, worldwide license to use the ShoutOut for your own personal, non-commercial, and non-promotional purposes.  The ShoutOuts are licensed and not sold. You may not re-sell your rights in the ShoutOut video. You may only sublicense your rights as needed for you to use the ShoutOut video as permitted in these Terms. You may only use the ShoutOut video in accordance with these Terms, including the Acceptable Use Restrictions in Section 5 below.  If you breach any of the provisions of the Terms, your license to the ShoutOut Video is terminated.

3.  Permissible Use of this Website.

Subject to and conditioned upon your compliance with these Terms of Use and any applicable Additional Legal Terms, grants you a non-exclusive, non-transferable, limited right and license (without right of sublicense) to access and use this Website and its content solely as made available by Legends Access and solely for your personal, informational, non-commercial purposes.

4.  Restrictions.

You may NOT: (a) reproduce, duplicate, copy, sell, resell, reverse-engineer, distribute, alter, modify, disassemble, decompile, transmit or publicly display any portion of this Website or create derivative works of any portion of this Website; (b) circumvent, disable or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any content or enforce limitations on use of this Website or the content therein; (c) access this Website content through any technology or any unauthorized means other than user interaction expressly invited on this Website itself; (d) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses this Website in a manner that sends more request messages to this Website’s 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, Legends Access grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; however, Legends Access reserves the right to revoke these exceptions either generally or in specific cases); (e) collect or harvest any personally identifiable information, including account names, from this Website, nor to use the communication systems provided by this Website (e.g. comments, email) for any commercial solicitation purposes; (f) solicit, for commercial purposes, any users of this Website with respect to their submissions; or (g) use or otherwise exploit this Website for any commercial use, where prohibited commercial use includes any of the following actions taken without Legends Access’ express written approval: (i) sale of access to this Website or its related services on another website; (ii) use of this Website or its related services for the primary purpose of gaining advertising or subscription revenue; (iii) the sale of advertising, on this Website or any third-party website, targeted to the content of web site content; and (iv) any use of this Website or its related services that Legends Access finds, in its sole discretion, to use Legends Access’ resources or user submissions with the effect of competing with or displacing the market for this Website content or any products or services featured on this Website, or its user submissions.

You also agree to NOT use this Website to:
  • publish, upload, post, email, transmit or otherwise make available any content that (a) you do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any intellectual property rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
  • defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
  • impersonate any person or entity, including, but not limited to, a Legends Access official, Legends Access employee, or any other third party, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content;
  • violate any applicable local, state, national or international law or regulations;
  • harvest, collect, or store personal information or data of other users of this Website.

5.  Third-Party Websites.

This Website may contain links to third-party websites that are not owned or controlled by Legends Access. Legends Access has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Legends Access shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of any such linked third-party website or your reliance on any content, goods or services available on or through any such linked third-party website.

6.  Accounts.

In order to access some features of this Website, you will have to create an account. You may never sign on under another user’s account without permission. 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. Legends Access will not be liable for any losses caused to you by any unauthorized use of your account. However, you may be liable for the losses of Legends Access or other parties due to such unauthorized use.

7.  Confidential Information.

You agree not to provide Legends Access or other users of this Website with any confidential or proprietary information that you or the owner of the information do not intend to become public information. Any content that you send or upload to this Website will be deemed NOT to be confidential or proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such uploaded content.

8.  Privacy Notice.

You understand and agree to the terms of the Privacy Notice found by clicking on “Privacy Notice” at the bottom this Website’s home page.  That Privacy Notice is incorporated herein by reference.

9.  Intellectual Property.

Legends Access® is a registered service mark of Legends Access. “CIO RightHire” is a service mark of Legends Access. The absence of a trademark notice or legend indicating the registration or ownership by Legends Access anywhere in the text of the Website does not constitute a waiver of Legends Access’ trademark or other intellectual property rights concerning that service mark used or referenced on the Website. The trade names, trademarks and service marks owned by Legends Access, whether registered or unregistered, may not be used in connection with any product or service that is not Legends Access’ without Legends Access’ express prior written consent. Nothing contained on this Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Legends Access’ trade names, trademarks or service marks without Legends Access’ express prior written consent. Legends Access reserves all rights not expressly granted in and to the content of this Website. You are also advised that Legends Access and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. By transmitting or uploading content to this Website, you grant Legends Access a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the content; to make, have made, offer to sell, sell, lease, or otherwise distribute any content or product; and to practice any method, embodying such content (including the right to sublicense any of the foregoing). You further represent and warrant to Legends Access that you have the right, title, and/or authority to grant such license to Legends Access.

10. Termination and Accountability.

In the event you are in material breach of these Terms of Use or Additional Legal Terms, Legends Access may, at its sole discretion and in addition to any other rights or remedies Legends Access may have, immediately terminate your access to and use of this Website. Legends Access may remove any content posted on this Website at Legends Access’ sole discretion. Legends Access shall not be liable to you or any third party for any termination or change to this Website. If you send or upload content that is confidential or proprietary of a third party without that third party’s permission, or, if you transmit or upload content that is intended to infect, corrupt or otherwise disrupt the operation of this Website or any other user’s computer system, Legends Access may report you to the relevant authorities to ensure you are held accountable to the fullest extent of applicable laws.

11. Policy for Idea Submission.

By submitting through this Website ideas or suggestions for products or services to be used at Legends Access, either independently of, or in conjunction with, our internally developed concepts, you irrevocably assign any intellectual property rights in such ideas or suggestions to Legends Access and such ideas or suggestions will be owned by Legends Access. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.

12. Warranty Disclaimer.

This Website and its content are being provided to you AS IS AND YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Legends Access, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEB SITE AND YOUR USE THEREOF. WITHOUT LIMITING THE FOREGOING, Legends Access MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY USER GENERATED 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 WEBSITE, (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 WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. Legends Access DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Legends Access WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. Limitation on Liability.

IN NO EVENT SHALL Legends Access, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO ANY USER OF THIS WEBSITE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Legends Access HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (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 WEB 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 ABILITY TO USE, OR TRANSMISSION TO OR FROM, THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

14. Indemnity.

You agree to defend, indemnify and hold harmless Legends Access, and its affiliates, subsidiaries, 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 or access to this Website; (ii) your violation of any term of these Terms of Use or Additional Legal Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Web site.

15. Amendment.

Legends Access reserves the right to amend these Terms of Use, and to modify, change or discontinue any part or all of this Website, at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of this Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

16. Assignment.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Legends Access without restriction.

17. General.

This Website is operated and offered in the United States of America. Legends Access makes no representations that this Website is appropriate or available for use in other locations. Those who access or use this Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree that: (i) this Website shall be deemed solely based in Georgia, U.S.A; and (ii) this Website shall be deemed a passive website that does not give rise to personal jurisdiction over Legends Access, either specific or general, in jurisdictions other than Georgia, U.S.A. These Terms of Use and all matters related to access and use of this Website shall be governed by U.S. federal law and the internal substantive laws of Georgia, U.S.A., without respect to its conflict of laws principles. Any claim or dispute between you and Legends Access that arises in whole or in part from, or that relates to, this Website shall be decided exclusively by a court of competent jurisdiction located in Georgia. If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified in such a manner so as to make these Terms of Use, as modified, legal and enforceable under applicable laws, and the balance of the provisions of these Terms of Use shall not be affected thereby. The failure of Legends Access to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver by Legends Access of any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

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