Terms of Service
© Copyright 2021, Legends of Avantris
All Rights Reserved
Effective April 15th, 2021
Welcome to a website brought to you by the Legends of Avantris (“Legends of Avantris”). The following Terms (the “Terms”) govern the use of the website (the “Legends of Avantris Site”). By using the Legends of Avantris Site, you agree to Legends of Avantris’s Privacy Statement (to view our Privacy Statement click here) and the Terms. If you do not agree to any part of the Privacy Statement or to these Terms, please do not use the Legends of Avantris Site.
The Legends of Avantris Site is intended for use exclusively by persons 18 or older. By accessing or in any way using the Legends of Avantris Site, you affirm that you are 18 years of age or older and that you are fully able and competent to enter into these Terms. You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. And you agree to abide by and comply with these Terms.
The Legends of Avantris Site Content
Unless otherwise attributed, all materials provided by Legends of Avantris contained in the Legends of Avantris Site (“Legends of Avantris Content”) are the copyrighted or trademarked property of Legends of Avantris.
Legends of Avantris Content may be accessed, downloaded, printed, or transmitted only for personal, non-commercial use. You may not download, republish, retransmit, reproduce, or otherwise use any images on the Legends of Avantris Site as a stand-alone file. Legends of Avantris Content may not be used or redistributed for commercial purposes. You may not download, copy, reproduce, distribute, modify, display, republish, transmit, repost, upload, or otherwise use Legends of Avantris Content in any way or for any other purpose without the prior express written permission of Legends of Avantris. To request such permission you may contact us. Furthermore, under no circumstances may you add, delete, distort, or otherwise misrepresent any Legends of Avantris Content.
The trademarks used in the Legends of Avantris Site are owned by Legends of Avantris or their respective trademark owners. The names of actual companies and products mentioned may be the trademarks of their respective owners. Nothing on the Legends of Avantris Site should be construed to grant implicitly, by estoppel, or otherwise in right or license to use and of Legends of Avantris’s trade names, trademarks, or services marks with the express prior consent of Legends of Avantris. You may not use any of the previously mentioned or other trademarks displayed anywhere on the Legends of Avantris Site or in any Legends of Avantris Content. All rights are reserved.
Any and all attempts to distort, misrepresent, or modify any Legends of Avantris Content or to defeat or circumvent the Legends of Avantris Site’s technical security measures are prohibited without Legends of Avantris’s prior express written permission.
Rules of Conduct
While using the Legends of Avantris Site you agree to comply with all applicable laws. You also agree to respect other users of the Legends of Avantris Site.
Furthermore, you will not to use the Legends of Avantris Site to:
- Upload, post, email, transmit, or otherwise make available or send through, including linking to, the Legends of Avantris Site anything that:
- Is unlawful, threatening, harassing, abusive, obscene, vulgar, harmful, tortious, defamatory, libelous, false, invasive of another’s privacy, hateful racially, ethnically, or otherwise, or in any other way objectionable;
- You do not have the legal or contractual right to make available pursuant to any law, or under any contractual or fiduciary relationship (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary or property rights of any party.
- Upload, post, email, transmit, or otherwise make available any material or communications that may be deemed, within the meaning of applicable law, to be electioneering communications, intervention in a political or electoral campaign, or lobbying;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by the law or Legends of Avantris;
- Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Legends of Avantris Site or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Legends of Avantris Site;
- Launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers” that accesses the website in a manner that sends more request messages to the Legends of Avantris Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
Notwithstanding the foregoing, Legends of Avantris 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. Legends of Avantris reserves the right to revoke these exceptions either generally or in specific cases.
Violate any applicable local, state, national, or international law, intentionally or unintentionally; or
Collect or store personal data about users.
Legends of Avantris reserves the right to remove any and all content, including but not limited to: Legends of Avantris Content, user-submitted content, and/or any other content related to the Legends of Avantris Site at any time without prior notice. Further, Legends of Avantris reserves the right to deny access to any user at any time without any prior notice for violation of these Terms. Content you submit, including but not limited to remarks, suggestions, ideas, graphics, or comments, that violates these Terms, in the sole discretion of the Legends of Avantris, may be removed.
Disclaimer of Warranties
You agree that your use of the Legends of Avantris Site shall be at your sole risk. To the fullest extent permitted by law, Legends of Avantris, its affiliates, members, officers, directors, employees, and agents, disclaim all warranties, express or implied, in connection with the website and your use thereof. Legends of Avantris makes no warranties or representations about the accuracy or completeness of content of the Legends of Avantris Site or the content of any sites linked to by the Legends of Avantris Site and assumes no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Legends of Avantris Site;
- Any unauthorized access to or use of Legends of Avantris’s secure servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the Legends of Avantris Site;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Legends of Avantris Site by any third party; and/or
- 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 the Legends of Avantris Site.
Legend of Avantris does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, through any hyperlinked website, or featured in any banner or other advertising, and Legends of Avantris 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 always use your best judgment and exercise caution where appropriate.
Limitation of Liability
Neither Legends of Avantris nor any of its affiliates, directors, members, officers, employees, or consultants are responsible or liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising under any contract, negligence, strict liability, or other theory arising from or in any way relating to Legends of Avantris, the Legends of Avantris Site, materials contained therein, or any content or service linked therein and/or that result from:
- The use of, or inability to use, the Legends of Avantris Site or Legends of Avantris Content;
- The actions or conduct, whether online or offline, of any person or entity, even if Legends of Avantris has been advised of the possibility of such damages. Under no circumstance will Legends of Avantris its affiliates, directors, members, officers, employees, or consultants be responsible or liable for any failure in performance resulting directly or indirectly from an act of force majeure or causes beyond Legends of Avantris’s reasonable control.
The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Legends of Avantris will not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Legends of Avantris Site is controlled and offered by Legends of Avantris from its facilities in the United States of America. Legends of Avantris makes no representations that the Legends of Avantris Site is appropriate or available for use in other locations. Those who access or use the Legends of Avantris Site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with local law.
Certain state laws may not allow Legends of Avantris to limit or exclude liability for incidental or consequential damages. If you live in a state whose laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. But, in any event, Legends of Avantris’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the Legends of Avantris Site.
You agree to indemnify and hold harmless Legends of Avantris, its affiliates, related parties, officers, directors, members, employees, trustees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Legends of Avantris Site or service, your submission of content, your violation of any applicable law or these Terms, or any other violation of the rights of another person or party.
Submitting Content to the Site
Any content submitted to the Legends of Avantris Site, including but not limited to remarks, suggestions, ideas, graphics, or comments, becomes and remains property of Legends of Avantris, even if this agreement is later terminated. Any and all such submitted content is subject to these Terms.
If any portion of the content posted by any visitor is found by Legends of Avantris to be in violation of any the policies of the Legends of Avantris Site, including these Terms, at any time, Legends of Avantris reserves the right to modify or remove such content or delete such submissions at any time without prior notice.
Your Representations and Warranties: By submitting content to Legends of Avantris servers, you represent and warrant that all such submitted content complies with all applicable laws and website policies, including these Terms. Furthermore, by submitting content, you represent and warrant that you own the copyright and all applicable intellectual property rights in all submitted content and have all necessary permissions from any persons or places depicted therein to upload the content and to grant to Legends of Avantris an irrevocable license to use the submitted content.
Your Grant of Rights/License to Legends of Avantris:
By submitting content to the Legends of Avantris Site you grant Legends of Avantris (and its successors, assigns, licensees, agents, and affiliates) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to:
Links to Other Sites
The Legends of Avantris Site may contain hyperlinks to websites operated by other parties. You agree not to hold Legends of Avantris responsible for the content or operation of any and all such third party websites. A hyperlink from the Legends of Avantris Site to another website, or from another website to the Legends of Avantris Site, does not imply or mean that Legends of Avantris endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at any other websites to which you might link from the Legends of Avantris Site. Additionally, any link to a third-party site submitted or posted by you must not in any way represent that you have received the endorsement, sponsorship or support of Legends of Avantris or Legends of Avantris’s respective employees, agents, or directors.
Legends of Avantris or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all the Legends of Avantris Site and (b) all related documentation and all copies and installations. Legends of Avantris may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of these Terms. Upon termination, you must destroy all such materials.
Modification of the Terms
Although we may attempt to notify you when material changes are made to our Privacy Statement or these Terms, you should periodically review the most updated versions. Legends of Avantris may, in Legends of Avantris’s sole discretion, modify, or revise the Privacy Statement and these Terms at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Legends of Avantris Site indicates your acceptance of the Privacy Statement, these Terms, and any changes to the Privacy Statement and Terms.
This is the entire agreement between the parties relating to the use of the Legends of Avantris Site.
These Terms for the Legends of Avantris Site are governed by the laws of the Commonwealth of Virginia, United States of America, excluding Virginia’s conflicts of law rules. Through use of the Legends of Avantris Site, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Legends of Avantris Site shall be filed only in the state or federal courts located in the Commonwealth of Virginia.
You may not transfer or assign any rights and licenses granted in these Terms, however, any such rights and licenses may be transferred or assigned by Legends of Avantris without restriction.
You and Legends of Avantris agree that any claim or cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
If any part of these Terms is unlawful, void, or otherwise unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any possible evidence of use of the Legends of Avantris Site for illegal purposes will be provided to law enforcement authorities.