THE USE OF THIS SITE IS INTENDED FOR LAWFUL PURPOSES ONLY. BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, INCLUDING REGISTERING AND LICENSING THE LEGITMIX SOFTWARE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS APPEARING ON THIS SITE (THIS AGREEMENT) AND ACKNOWLEDGE THAT LEGITMIX IS RELYING ON YOUR CONSENT TO THIS AGREEMENT IN ALLOWING YOU TO USE LEGITMIX.COM. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE LEGITMIX’S PERMISSION TO ACCESS, VIEW, USE OR LINK TO ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES LEGITMIX’S RIGHTS IN THE SITE AND IS STRICTLY PROHIBITED.
1. Site Description
- Description. The Site is proprietary to Legitmix and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to You. Subject to the terms and limitations set forth in this Agreement, Legitmix agrees to provide You with a personal, non-transferable and non-exclusive right to access, view, use and link to the Site.
- Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Legitmix may undertake from time to time; and/or (iii) causes beyond the control of Legitmix, whether or not foreseeable.
- Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
- Reserved Rights Legitmix reserves the rights, in its sole and absolute discretion, at any time, without notice and from time to time:
- to change, modify, add or remove any portion of this Agreement and/or the Site, in whole or in part.
- for any reason, to: (i) remove or disable access to all or any portion of the Site; (ii) suspend your access to or use of all or any portion of the Site; and/or (iii) terminate, in whole or in part, this Agreement and/or this Site without liability.
- to remove or refuse any information and/or Submission (defined in Section 2.j below) for any reason. Notwithstanding these rights, You remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Legitmix nor any third party that provides Content to Legitmix will assume or have any liability for any action or inaction by Legitmix or such third party with respect to any Submission.
- to disclose any information Legitmix has about You (including your identity) if Legitmix determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Legitmix’s rights or property, or the rights or property of visitors to or users of the Site, including Legitmix’s licensees.
- Nature of Site Content. Legitmix makes content available on this Site as a service to the public generally and specifically to our licensees and other friends only under the terms and conditions of this Agreement and any separately agreed to license entered into by You on this Site (the “Content”). In the absence of Your expressly agreeing to a separate license and becoming a licensee of the Legitmix software, the materials on this Site are not intended to create any relationship between Legitmix and You or anyone else. Any relationship not based on Your having agreed to the Legitmix software license on this Site must be expressly created between Legitmix and You by means of direct, interpersonal contact between You and Legitmix. You should not act (or refrain from acting) based upon information in this Site without obtaining professional advice regarding Your particular facts and circumstances. Legitmix makes no representation, claim or guarantee whatsoever regarding any result, outcome or effect from access to or use of the Site, the accuracy of the identification of and/or effectiveness of any linked to audio sources, of otherwise. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Legitmix. You should use the Content in the same manner as any other publicly available and/or educational medium and should not rely on the Content to the exclusion of Your own judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to Your goals and/or purposes. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Legitmix does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, timely, accurate or complete.
- Confidentiality of Information Transmitted to Legitmix. You also should be aware that if You send messages to Legitmix (or any of its staff, employees, agents or representatives) through Internet electronic mail or through the Legitmix Site, such means are not secure, and Legitmix does not guarantee the confidentiality of such communications. Consequently, You understand, agree, and assume the risk that Internet transmissions are never completely private or secure and that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Legitmix does not agree to accept and/or maintain the secrecy of any unsolicited information You send to Legitmix except if a written relationship of confidentiality currently exists between us. No such confidentiality relationship is created unilaterally by Your sending to Legitmix any information You consider to be confidential. The creation of a confidential relationship is only by means of Legitmix’s licensing procedures on this Site. However, notwithstanding any confidentiality relationship that may exist between us, Legitmix cannot guarantee the confidentiality of correspondence through Internet electronic mail or through the Legitmix Site.
- Legitmix’s Products and/or Services. Legitmix’s obligations, if any, with regard to its products and services are governed solely by the terms and conditions pursuant to which they are provided, and nothing on this Site should be construed to alter such terms and conditions. Legitmix reserves the right to change any software, products or services offered on the Site, or to the applicable payments and prices, if any, for any such software, products or services, at any time, without notice. The materials on the Site with respect to Legitmix software, products and services may be out of date, and Legitmix makes no commitment to update the materials on the Site with respect to such software, products and services.
- Notice Specific to Documents available on this Site. Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Site (Legitmix.com) or any other Legitmix owned, operated, licensed or controlled site. Elements of Legitmix Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Legitmix site, including, without limitation, this Site may be copied or retransmitted unless expressly permitted by Legitmix. LEGITMIX AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LEGITMIX AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL LEGITMIX AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEGITMIX AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES, PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED ON THIS SITE AT ANY TIME.
- Notice Specific to Software Available on this Site. Any software that is made available to download from this server ("Software") is the copyrighted work of Legitmix and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, LEGITMIX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, LEGITMIX MAY MAKE AVAILABLE ON THIS SITE OR IN ITS SOFTWARE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. LEGITMIX DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN LEGITMIX SOFTWARE.
- Changes. Changes in this Agreement will be posted on this Site. Your continued use of this Site, after any changes are made, shall constitute Your acceptance of the changes and Your agreement to be bound by any such changes. Notwithstanding the foregoing, Legitmix will use commercially reasonable efforts to notify You if You have registered using this Site and are a software licensee of any changes to these terms within a reasonable time after their posting on the Site. Legitmix may modify, suspend, discontinue or restrict the use of any portion of Legitmix.com, including the availability of any portion of the Content at any time, without notice or liability. You acknowledge that Legitmix may update this Site and its Content from time to time and that Legitmix is under no duty to notify You of such updates (including link updates) nor does Legitmix have any obligations or liability to You with respect to such updates.
- Disclaimer. You understand that Legitmix cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Legitmix does not assume any responsibility or risk for Your use of the Internet and/or this Site.
- Not Intended for Use by Children. This Site is not intended for, nor do we believe it is appealing to, children under the age of 13. Legitmix will not knowingly collect information from Site visitors in this age group and does not knowingly permit Site visitors in this age group to register as licensees of Legitmix on this Site.
4. Prohibited UsesThe use of this Site is intended for lawful purposes only. You are solely responsible for any and all of Your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site. Legitmix reserves the right to bar any such activity. You may not engage in any activity or post, send, submit, publish, or transmit in connection with this Site any material that:
- You do not have the right to post, including proprietary material of any third party, e.g., that is, or may be, protected by copyright or other intellectual property rights, without permission from the copyright or other intellectual property rights owner;
- downloads a file or software or includes in a message any software, files or links that You know, or have reason to believe, cannot be distributed legally over the Site or that You have a contractual obligation to keep confidential;
- would constitute political campaign activity within the meaning of the Internal Revenue Code and IRS regulations and/or policies;
- consists of unsolicited messages, chain letters or unsolicited commercial e-mail;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is abusive, harassing, excessively violent, vulgar, obscene, pornographic, indecent or otherwise objectionable material;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of privacy and/or publicity;
- violates any law or may be considered to violate any law;
- forges, impersonates or misrepresents Your connection and/or affiliation to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content of any message or transmittal You send to Legitmix on or through the Site or any service offered on or through the Site;
- uses anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Legitmix cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
- restricts or inhibits other Site visitors’ and/or registered users’ use of the Site;
- includes programs or transmits files which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- intercepts or attempts to intercept electronic mail not intended for You
- amounts to a “pyramid” or similar scheme;
- disobeys any policy, regulations, or requirements established from time to time regarding use of this Site or any networks connected to this Site;
- misrepresents or misidentifies audio sources required in Legitmix file(s);
- seeks to obtain or attempt to obtain any materials, documents or information on the Site or downloadable from the Site through any means not purposely made available through the Site;
- engages in systematic retrieval of data or other materials from this Site or any of its Content to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Legitmix by use of scrapers, robots, spiders or other automatic devices, programs, algorithms or methodologies, other tools, or programs or any similar or equivalent manual process, now existing or which may be developed;
- violates the restrictions in any robot exclusion headers on this Site or bypasses or circumvents other measures employed to prevent or limit access to this Site and/or Legitmix software, and/or Legitmix files;
- accesses, acquires, copies or monitors any portion of the Site or any Content, or in any way reproduces or circumvents the navigational structure or presentation of the Site or any Content;
- takes any action that imposes, or may impose, in Legitmix’s sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure;
- engages in hacking, password “mining” or any other illegitimate means to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Legitmix’s or any licensee’s server, or to any of the services offered on or through the Site;
- uses this Site or any Legitmix services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;
- probes, scans or tests the vulnerability of the Site or any network connected to the Site, or breaches the security or authentication measures on the Site or any network connected to the Site;
- uses reverse look-up, traces or seeks to trace any information on any other user of or visitor to the Site, or any other Legitmix registrant and/or customer, including any account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to learn any information, including personal identification or information, other than Your own information, as provided for by the Site;
- takes any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Legitmix’s systems or networks, or any systems or networks connected to the Site or to Legitmix;
- uses any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site;
- uses or exports or re-exports any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including pertinent export laws and regulations.
If You grant Site access to another person or entity to access and use this Site using Your username or password to view Your account information, it is Your responsibility to terminate Site access preferences for that person when it is no longer appropriate for them to have that access. It is recommended that You reset Your password when making this update to Your profile.
7. Disclaimer of WarrantiesTHE SITE, ITS CONTENT AND ANY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITE IS AT YOUR SOLE RISK INCLUSIVE OF ANY SOFTWARE AND/OR CONTENT DOWNLOADED FROM THIS SITE. LEGITMIX DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONS. SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES, AND CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES LEGITMIX MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, CONTENT OR SERVICES. LEGITMIX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE, SERVICES, AND/OR ITS CONTENT. THE CONTENT ON THIS SITE AND ANY SERVICES ARE PROVIDED AS GENERAL INFORMATION ONLY AND IS NOT PROMISED OR GUARANTEED TO REFLECT THE MOST CURRENT DEVELOPMENTS IN ANY FIELD. LEGITMIX DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE CONTENT IS COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS LEGITMIX RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE. ANY REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY LEGITMIX.
LEGITMIX DOES NOT (i) UNDERTAKE ANY OBLIGATION TO INDEMNIFY, (ii) WARRANT OR (iii) MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LEGITMIX MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT LEGITMIX, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. LEGITMIX MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Certain of the information on this Site is licensed by Legitmix or otherwise made available to Legitmix by third parties. Legitmix is not responsible for the content of any information provided to it by any third party. Information accessible through this Site speaks only as of the date such information was prepared. Such information may be incomplete or may have become out of date. Legitmix makes no commitment, and disclaims any duty, to update or revise such information.
8. Limitation of LiabilityUNDER NO CIRCUMSTANCES SHALL LEGITMIX BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR OTHER ECONOMIC LOSS FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE CONTENT, SERVICES OR THE INTERNET GENERALLY, INCLUDING YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR ANY DAMAGES, CLAIMS AND/OR LIABILITIES RESULTING FROM THE ACTIONS OF ANY THIRD PARTIES (E.G., HACKERS OR OTHER UNAUTHORIZED OR UNLICENSED USERS OF THE SOFTWARE AND/OR LEGITMIX FILE(S), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE INCLUDING PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LEGITMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS FOR YOU TO DISCONTINUE USE OF THE SITE.
9. IndemnificationYou agree to indemnify, hold harmless and defend Legitmix, its directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to or in connection with: (a) Your use of the Site, including any data or work transmitted or received by You; and (b) any unacceptable use of the Site, including any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Section 4 (Prohibited Uses). MOREOVER, BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS LEGITMIX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEGITMIX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LEGITMIX OR LAW ENFORCEMENT AUTHORITIES.
10. TrademarksTrademarks, service marks, and logos appearing in this Site are the property of Legitmix or the party that provided the trademarks, service marks, and logos to Legitmix. Legitmix and any party that provided trademarks, service marks, and logos to Legitmix retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site including all good will arising from any such use.
11. Digital Millennium Copyright ActYou agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. Legitmix has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If You believe any Content and/or other material in or posted on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:
Tel: 646 558 2601 x400
Fax: 646 558 2604
Please be aware that, in order to be effective, Your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending Your claim. Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the Content and/or material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content and/or material at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA. YOU WILL NOT RECEIVE A RESPONSE TO ANY INQUIRY THAT IS NOT RELEVANT TO THE FOREGOING PROCEDURE.
12. Opt-out RightsYou may be contacted by Legitmix by e-mail or other forms of direct mail or telemarketing. However, You may “opt-out” of receiving such communications by sending an e-mail to Legitmix and electing “No Direct Mail” and “No Telemarketing” options. If You do not want any notices of enhanced services or offerings from Legitmix, Legitmix will remove You from the lists used by Legitmix for e-mail, direct mail or telephone solicitations.
- Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
- Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
- Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the courts having jurisdiction in the State of New York. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the pertinent courts in the State of New York. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the pertinent courts in the State of New York and to the laying of venue of any such suit, action or proceeding brought in any such pertinent court in New York City. Notwithstanding the foregoing, Legitmix shall have the right to institute an action in any court or tribunal in the event You infringe Legitmix's proprietary rights or breach Your restricted use obligations.
- Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including service by certified or registered mail, return receipt requested. No provision of this Section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the pertinent courts of the State of New York.
- Attorney's Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
- Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
- Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
- International Use. Legitmix administers and operates the www.legitmix.com Site from its location in Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Legitmix reserves the right to limit, in its sole discretion, the provision and quantity of any feature, software, product or service to any person or geographic area. Any offer for any feature, software product or service made on the Site is void where prohibited. If You choose to access the Site from outside Canada, You do so on Your own initiative and You are solely responsible for complying with applicable local laws. Legitmix makes no representation that materials available on this Site or any or through any Legitmix service are appropriate or available for use in locations outside Canada, and accessing them from territories where their Content is illegal is prohibited. Those who access this Site or any site linked to by Legitmix from other locations are responsible for compliance with local law.
- Survival. The provisions of this Agreement which either expressly or by their respective natures survive expiration or early termination of this Agreement shall survive any termination or expiration of this Agreement until such provisions expire in accordance with their respective terms.