REGISTRATION, ACCOUNT CREATION and MEMBERSHIP
Before you are allowed to post any content to this Website, you must register an account (“Account”) by providing a valid email address, postal address, password and other information to obtain a user name (“User Name”). Some areas of this Website and some Website content may only be available to you through membership. All membership fees must be paid in advance and are non-refundable. You can find out more about Lasting Legacy’s membership plans and fees here.
You agree to provide and maintain true, complete and current information for your Account. You agree to register only a single User Name in connection with this Website. Each Account and User Name is for a single user only. You are not allowed to share your Account or User Name or give your login credentials to anyone else. If you need to change your password or delete your account, you can send an email request to firstname.lastname@example.org.
User Names may not contain inappropriate or obscene words, phrases, or combinations of graphics, or any other content that reasonably would be construed as offensive, vulgar, obscene, hateful, racist, inappropriate or objectionable. Lasting Legacy is the sole judge of whether a User Name is inappropriate or objectionable. “Inappropriate” and “objectionable” language includes, but is not limited to, obscene, defamatory, racial or profane words, phrases or combinations of characters. Your User Name may not contain words, phrases or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any third party with which you are not, in fact, affiliated. Although your User Name need not reveal your identity, you are required to provide truthful and complete disclosure of your name and the address and phone number where you can be reached, if requested, in connection with your Account. Failure to provide this required information or providing false information will result in termination of your Account.
You are solely responsible for all activities that occur under your Account and ensuring that you exit or log-off from your Account at the end of each session of use. Your password is confidential and you agree not to communicate it to any third-party individual or website. Notwithstanding the foregoing, you may share your User Name and password with family and friends with whom you want to share access to your Account.
OWNERSHIP AND USE OF CONTENT
Lasting Legacy and/or our respective third party licensors, authors or vendors own all right, title and interest in and to the content and materials provided on or through this Website, including but not limited to all the LASTING LEGACY ONLINE™ trademark and all text, photographs, videos, articles, music, audio clips, images, illustrations, graphics and other works of authorship displayed on this Website (“Content”), except for User Content (as defined below) and other third-party resources. All Content is protected by copyright, trademark and other laws. You may not copy, publish, redistribute or sell any Content and you acquire no rights in or license to the Content.
You agree not to modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer or sell any Content, any portion of this Website, use of this Website or access to this Website. By using this Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Lasting Legacy be liable in any way for any Content, including, but not limited to, for 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, e-mailed or otherwise transmitted via this Website.
Lasting Legacy does not claim ownership of the trademarks, service marks, logos, brands, company names, images, content, commentary, photographs, videos, information or materials that you or other Website users may post or upload to this Website or through public posts (“User Content”). Notwithstanding the foregoing, for any User Content that has been made public or shared on or through the Website, you (and all other Website users) grant Lasting Legacy a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers license) right and license to copy, transmit, distribute, publicly perform and display through the Website, Lasting Legacy’s social media platforms (and in any other media now known or not currently known) and prepare derivative works of your User Content for the purpose of (i) publicly displaying your User Content on or in the Lasting Legacy Website, newsletter, advertising materials and any of Lasting Legacy’s social media platforms such as Facebook, Twitter and Instagram; and (ii) displaying your User Content on third-party websites. You also agree that Lasting Legacy may archive and preserve User Content for disputes, legal proceedings, investigations or the like. Lasting Legacy’s use of any User Content should not be considered an endorsement, sponsorship or approval of the Website user.
RESTRICTIONS ON USE OF WEBSITE
You are prohibited from using this Website to do any of the following:
- upload, post, e-mail or otherwise transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or other information transmitted through this Website;
- upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes;” or
- “stalk” or otherwise harass another Website user or collect or store personal data about other Website users.
You are solely responsible for your own User Content and the consequences of posting or publishing User Content. When you transmit, publish, post or upload any User Content to or through this Website, you represent and warrant for all such User Content that: (i) you have all necessary distribution and publication rights; (ii) if any third party has any right, title or interest in such User Content, that you have either (a) received permission from such third party to make the User Content available on this Website or (b) secured from the third party a waiver as to all rights necessary in or to the User Content; (iii) you have fully complied with any third-party licenses; (iv) it does not contain or install any viruses, worms, Trojan horses or any other harmful or destructive code; (v) it is not and does not contain spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing78); (vi) it is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (vii) is not of a pornographic or obscene nature; (viii) it does not infringe or violate any patent, copyright, trade secret, trademark or other intellectual property right of any third party; and (ix) it does not violate any applicable international, federal, state or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.
Although Lasting Legacy may from time to time monitor or review User Content, Lasting Legacy is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within any User Content. Lasting Legacy does, however, reserve the right to remove any User Content if a user brings to Lasting Legacy’s attention the possibility that such User Content may result in Lasting Legacy’s liability, is an infringement of the rights of a third party or is offensive to any third party. Lasting Legacy will terminate your access to this Website if Lasting Legacy determines that, in its sole discretion, you are a repeat infringer.
You agree that Lasting Legacy, in its sole discretion, may terminate your Account and use of and access to this Website or any part thereof with or without notice. You agree that any termination of your access to this Website under any provision of this Agreement may be affected without prior notice. Further, you agree that Lasting Legacy shall not be liable to you or any third party for any termination of your access to this Website.
This Website and Content contain hyperlinks to other resources and businesses on the Internet. Those links are provided for your convenience to help you identify and locate other products, services and Internet resources that may be of interest, and are not intended to represent or imply that Lasting Legacy sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the hyperlinks.
DISCLAIMER OF WARRANTIES
Lasting Legacy makes no express or implied warranties, representations or endorsements whatsoever with respect to this Website or any Content. Lasting Legacy expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to this Website or any Content. Lasting Legacy does not warrant that the functions performed by this Website will be uninterrupted, timely, secure or error-free, or that defects in this Website will be corrected. Lasting Legacy does not warrant the accuracy or completeness of this Website or Content, or that any errors in the Content will be corrected. This Website and Content are provided on an “as is” and “as available” basis.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LASTING LEGACY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF LASTING LEGACY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS WEBSITE AND ANY INFORMATION OR CONTENT AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Lasting Legacy controls and operates this Website from Topeka, Kansas. Any claim relating to this Website shall be governed by the substantive laws of the State of Kansas, without regard to its conflict of law provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Shawnee County, Kansas or the United States District Court for the District of Kansas located in Kansas City, Wyandotte County, Kansas. You agree to the exclusive jurisdiction of the federal and state courts located in the State of Kansas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
COMPLIANCE WITH LASTING LEGACY’S PRIVACY AND INTELLECTUAL PROPERTY POLICIES
INTELLECTUAL PROPERTY POLICY
Lasting Legacy has adopted the following general policy for copyright infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Pursuant to the DMCA, notices of claimed copyright infringement must be submitted to Lasting Legacy Designated Agent for this Website as described below.
Lasting Legacy Online, LLC
4120 SW Lincolnshire Road
Topeka, Kansas 66610
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that any content on this Website is infringing your intellectual property rights, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether the Content or User Content infringes upon your intellectual property, please contact an attorney before contacting Lasting Legacy.
If you believe that any content residing on or accessible through this Website infringes a copyright or other intellectual property right, to provide Lasting Legacy of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above (“Infringement Notification”). Your notice must specify the type of infringement and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed;
- Identification in sufficient detail of the material being infringed, including the relevant copyright registration number;
- Identification of the content that is claimed to be infringing the identified intellectual property right. Include information regarding the location of the infringing content with sufficient detail so that Lasting Legacy is capable of finding and verifying its existence;
- Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Lasting Legacy on the owner’s behalf, the address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the content is not authorized by the intellectual property or copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
B. Removal of Allegedly Infringing Material
Once a proper Infringement Notification is received by Lasting Legacy’s Designated Agent, Lasting Legacy may respond to a proper notice claimed of copyright infringement by (i) removing or disabling access to any content claimed to be subject of infringing activity; and (ii) terminating the Account and Website Access of repeat offenders. If Lasting Legacy removes or disables access in response to such a notice, Lasting Legacy will make a good-faith attempt to contact the allegedly infringing user so that the user may submit a counter notification. Whether to reinstate the objected to content is solely within the discretion of Lasting Legacy.
C. Procedure to Submit a Copyright Counter-Notice to the Designated Agent
If you materially misrepresent that your User Content is not infringing the intellectual property identified in the Infringement Notification, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not your User Content infringes the identified intellectual property, please contact an attorney before contacting Lasting Legacy.
If a Website user believes that his or her User Content that was removed or to which access was disabled is not infringing a third party’s intellectual property right, you must send a counter-notice, pursuant to §512(g)(2) and (3) of the DMCA. Please do not re-post your User Content at issue yourself. The counter-notice must contain the following information to the Designated Agent listed below.
- Your physical or electronic signature;
- Identification of your User Content that has been removed or to which access has been disabled and the location at which your User Content appeared before it was removed or disabled;
- A statement, under penalty of perjury, that the you have a good faith belief that your User Content was removed or disabled as a result of mistake or misidentification of such User Content;
- Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the complaining user’s address is located, or if your address is located outside the United States, for any judicial district in which Lasting Legacy is located, and that you will accept service of process from the complaining user who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, Lasting Legacy may send a copy of the counter-notice to the original complaining party informing that person that Lasting Legacy may replace the removed content or cease disabling it in ten (10) business days. Unless the intellectual property owner files an action seeking a court order against the allegedly infringing Website user, the removed content may be replaced or access to it restored in ten (10) to fourteen (14) business days after receipt of the counter-notice, at Lasting Legacy’s discretion.
Please contact Lasting Legacy’s Designated Agent to submit Infringement Notifications and Copyright Counter-Notices at the following address:
Lasting Legacy Online, LLC
4120 SW Lincolnshire Road
Topeka, Kansas 66610