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LeoAdventures,
LLC
User Agreement For www.leoadventures.com
Welcome to Leoadventures.com (“Site”),
a LeoAdventures, LLC Web Site. These are the terms
and conditions (“User Agreement”
or “Agreement”) under which we offer
you access to our Site.
BEFORE JOINING MEMBERSHIP OF LEOADVENTURES.COM,
YOU MUST READ AND AGREE TO BE BOUND BY THIS USER
AGREEMENT AS WELL AS THE ATTACHED PRIVACY
POLICY AND MEMBERSHIP
AGREEMENT (COLLECTIVELY REFERRED TO AS “LEOADVENTURES
AGREEMENTS”) WHICH ARE HEREBY INCORPORATED
BY REFERENCE. YOUR USE OF THIS SITE SIGNIFIES
YOUR ACCEPTANCE OF THE LEOADVENTURES AGREEMENTS. LEOADVENTURES
RESERVES THE RIGHT TO REVISE THE LEOADVENTURES AGREEMENTS
WITHOUT NOTICE AND BY USING THIS SITE SUBSEQUENT
TO THE REVISIONS; YOU AGREE TO BE BOUND BY SUCH
CHANGES. IF YOU FIND ANY PROVISION IN ANY OF
THE LEOADVENTURES AGREEMENTS UNACCEPTABLE, YOU MUST
IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
Terms and Conditions of Use
1. Age Restriction.
Our services are only available to those individuals
who can form legally binding contracts under
applicable law. As stated in our Membership Agreement
and without limiting the foregoing, our services
are not available to persons under the age of
18. If you are a under the age of 18, you can
use this service only in conjunction with, and
under the supervision of, your parent, legal
guardian, or other responsible adult. IF YOU
DO NOT QUALIFY, YOU ARE NOT AUTHORIZED TO USE
OUR SITE. Further, your Leoadventures.com account
(including feedback) and Member Identification
Number may not be transferred or sold to another
party.
2. Ownership.
This Site is owned and operated by LeoAdventures.
All right, title and interest (including all
copyrights, trademarks, and other intellectual
property rights) in this Site belong to LeoAdventures.
In addition, the names, images, and other indicia
identifying our products and services are our
proprietary marks. A list of all trademark owned
by us is set forth in Section 10 of this Agreement.
All other copyrights, trademarks, and other intellectual
property rights referred to in this Site belong
to their respective owners.
3. License.
3.1 Except as expressly provided in section 3.2
herein, nothing contained in this Site shall
be construed as conferring any license or right,
expressly, by implication, by estoppel or otherwise,
under any of our intellectual property rights,
or under any third party’s intellectual
property rights, and no part of this Site may
be reproduced, republished, copied, transmitted,
or distributed in any form or by any means. This
prohibition extends to the use of any such material
on nay other Site or computer network environment.
It also means that you may not use any “robot,”
“spider,” or other automatic device,
or a program, algorithm or methodology having
similar processes or functionality, or any manual
process, to monitor or copy any of the material
found on this Site, without the prior written
authorization of LeoAdventures.
3.2 You are hereby granted a nonexclusive, nontransferable,
limited license to view, reproduce, print, and
distribute materials from this Site, and/or download
one copy of materials from this Site onto any
single computer provided (a) such materials are
used only for informational, non-commercial purposes,
and (b) you do not remove or obscure the copyright
and other proprietary notices.
4. No Representation or Warranty.
4.1 WITH RESPECT TO VENDOR PRODUCTS, YOU ARE
REMINDED THAT LEOADVENTURES DOES NOT WARRANT ANY OF
THE VENDOR PRODUCTS OFFERED FOR SALE ON THE SITE.
EACH VENDOR HAS ITS OWN RETURN/EXCHANGE/WARRANTY
POLICY WHICH IS POSTED ON THE SITE. ANY INQUIRIES
REGARDING PRODUCT RETURNS, EXCHANGES, AND/OR
WARRANTIES MUST BE HANDLED WITH THE VENDOR DIRECTLY.
If you proclaim to have a dispute with a vendor,
LeoAdventures will, for resolution purposes, assist
in providing the member with any customer service
information regarding that particular vendor.
4.2 Leoadventures makes every effort to display
as accurately as possible the colors of the products
that appear at this Site. However, a user’s
monitor will govern the color appearance of our
products. Therefore, we cannot guarantee that
your monitor’s display of any color will
be accurate. Furthermore, we do not warranty
or make any representations regarding the use
or the results of the use of the materials on
this Site in terms of their correctness, accuracy,
reliability, appropriateness, or otherwise. You
assume the entire cost of all necessary servicing,
repair, and correction.
4.3 The documents, graphics, and images published
at this Site could include inaccuracies or typographical
errors. Additionally, we reserve the right to
modify the information contained in this Site
without notice. We make no commitment, however,
to update the information contained in this Site.
We further do not accept responsibility for the
function or malfunction of any software downloaded
from this Site. Consequently,
4.4 TO THE EXTENT PERMITTED BY LAW, THIS SITE
IS PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4.5 This Site may contain links to other Web
sites which are completely independent of this
Site. If you elect to access these other Web
sites, you do so AT YOUR OWN RISK. We make no
representation or warranty as to the accuracy,
completeness or authenticity of the information
or opinions contained in any such linked Web
site, and any link to another Web site shall
not in any manner by construed as an endorsement
by us of that Web site, or of the products or
services described therein. LeoAdventures is not liable
for any loss or damages related to the content,
products or services available through those
sites. If you have any problems or concerns regarding
other sites, you must contact their site administrator
or Web master directly.
4.6 You should not rely on opinion expressed
at this Site when making business, financial,
personal or other decisions. Additionally, we
do not endorse the opinions of third parties
expressed on linked Web sites.
4.7 LeoAdventures does not warrant that your use of
this Site will be available for use in other
locations, uninterrupted or error-free, that
defects will be corrected, or that this Site
or the server that makes it available are free
of viruses or other harmful components.
5. Limitation of Liability.
5.1 IN NO EVENT, INCLUDING BY NOT LIMITED TO
NEGLIGENCE, WILLFUL MISCONDUCT, OR STRICT LIABILITY,
SHALL LeoAdventures, OUR EMPLOYEES, SUBSIDIARIES,
OFFICERS, DIRECTORS, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS OR
ASSIGNS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH OUR SITE, ANY OTHER
LINKED WEBSITE, OUR SERVICES OR THIS AGREEMENT,
EVEN IF WE ARE EXPRESSLY ADVSED OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW.
5.2 THE TERM “DAMAGES” INCLUDES WITHOUT
LIMITATION, ATTORNEY FEES, LOST PROFITS, BUSINESS
INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA
ON YOUR INFORMATION HANDLING SYSTEM. OUR LIABILITY,
AND THE LIABILITY OF OUR EMPLOYEES, SUBSIDIARIES,
OFFICERS, DIRECTORS, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS OR
ASSIGNS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE AMOUNT OF MEMBERSHIP FEES YOU
PAY TO US IN THE 12 (TWELVE) MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY.
6. Your Limitations on Use of Site.
You shall not post or transmit on or through
this Site any material that:
- Is unlawful, threatening, abusive, libelous,
defamatory, obscene, indecent, inflammatory,
pornographic, or profane;
- Could constitute or encourage criminal conduct,
give rise to civil liability or otherwise
violate any law;
- Infringes the copyright or other intellectual
property rights of any third party;
- Advertises or offers to sell any goods or
services;
- Interferes with the proper working of this
Site;
- Would impose an abnormal burden or load
on the Site’s infrastructure; and/or
- Contains a bug, virus, or other potentially
harmful and/or destructive item.
7. Your Comments, Feedback, Submissions,
and Other Non-Personal Information (“Communications”)
to the Site.
7.1 You are solely responsible for your own Communications
and the consequences of posting or otherwise
transmitting those Communications on the Leoadventures.com
Site. As discussed in section 4 above, you are
reminded that LeoAdventures does not represent or
guarantee the truthfulness, accuracy, or reliability
of any material posted or otherwise transmitted
by Leoadventures.com Site users and LeoAdventures
does not endorse any opinions expressed by such
users.
7.2 LeoAdventures does not screen, monitor or approve
Communications from our Web Site users in advance.
If we receive notification about a user regarding
Communications which allegedly do not conform
to this Agreement, LeoAdventures has the right, but
not the obligation, to investigate the allegations
and determine in good faith and at its sole discretion
whether to remove or request the removal of the
Communication. Furthermore, LeoAdventures is not liable
or responsible to users for performance or nonperformance
of such activities. LeoAdventures reserves the right
to expel users and prevent their further access
to the Leoadventures.com Web Site for violating
this Agreement or violating the law. LeoAdventures
has the right, but is not obligated to remove
Communications that violate section 6 above.
8. Assignment of Communications.
8.1 Excluding personal information and any notifications
submitted pursuant to section 9 below, all Communications
disclosed, submitted or offered to Leoadventures.com
on or by this Site or otherwise disclosed, submitted
or offered in connection with your use of this
Site shall be and remain the property of LeoAdventures.
Such disclosure, submission or offer of any Communications
shall constitute an assignment to LeoAdventures of
all worldwide rights, titles and interests in
all copyrights and other intellectual properties
in the Communications. Thus, LeoAdventures will own
exclusively, and shall not be limited in any
way in its use, all such rights, titles and interests,
commercial or otherwise, of any Communications.
LeoAdventures is and shall be under no obligation
(1) to maintain any Communications in confidence;
(2) to pay user any compensation for any Communications;
or (3) respond to any user Communications.
8.2 LeoAdventures will be entitled to use, reproduce,
disclose, publish and distribute any Communications
you submit, without restriction and without compensating
you in any way. For this reason, we ask that
you not send us any comments that you do not
wish to assign to us, including any original
creative materials such as stories, product ideas,
computer code or original artwork.
8.3 You represent and warrant that no Communications
submitted by you to the Site will violate section
6 above. You are and shall remain solely responsible
for the content of any Communications you make
and shall indemnify LeoAdventures accordingly.
9. Claims of Copyright Infringement.
9.1 LeoAdventures respects the intellectual property
of others. If you believe that any material on
this Site infringes any copyright you own or
control, or that any link on this Site directs
you to another Site that contains material that
infringes on any copyright you own or control,
you may file a notification of such infringement
with our designated agent to have the material
removed or otherwise blocked from access.
9.2 LeoAdventures’ Copyright Agent for notices
of claims and copyright infringement on its Site
can be reached as follows:
LeoAdventures, LLC.
PO Box 13802
Mill Creek, WA 98082
Fax: 866-334-7840
Email: info@LeoAdventures.com
This contact information is provided exclusively
for notifying LeoAdventures that copyrighted material
may have been infringed. Unrelated inquiries
will NOT receive a response through this process.
Contact information for other matters is provided
elsewhere on this Site and throughout the LeoAdventures
Agreements.
9.3 Information pertaining to LeoAdventures’
Designated Agent also can be found at http://www.loc.gov/copyright/onlinesp.
9.4 Pursuant to Title 17, United States Code,
Section 512(c)(2), notification of claimed copyright
infringement sent to LeoAdventures’ Designated
Agent must include the following information
in order to be effective:
- A physical or electronic signature of a person
authorized to act on behalf of the owner of
the copyright interest;
- A description of the copyrighted work that
you claim has been infringed;
- Identification of the material that is claimed
to be infringed and information reasonably
sufficient to permit LeoAdventures to locate the
material;
- Your address, telephone number, and, if
available, your email address;
- A statement by you that you have a good
faith belief that use of the material in the
manner complained of is not authorized by
the copyright owner, its agent, or the law;
and
- A statement by you, made under penalty of
perjury, that the information in your notification
is accurate and that you are the copyright
owner or are authorized to act on the copyright
owner’s behalf.
10. Trademarks.
The following is a partial list of trademarks
owned by us. For a complete and current list,
please send an email to info@LeoAdventures.com.
LEONIDAS
LEOADVENTURES
ADVENTURES IN PUBLIC SERVICE
11. Indemnification.
You agree to defend, indemnify and hold LeoAdventures
harmless from and against any and all claims,
damages, costs and expenses, including attorneys’
fees, arising from or related to your use of
this Site.
12. Termination.
You may terminate this Agreement at any time.
Termination of one of the LeoAdventures Agreements
is termination of all of the LeoAdventures Agreements.
If LeoAdventures suspects a member of violating this
Agreement or any LeoAdventures Agreements, it reserves
the right, at its sole discretion, to suspend,
terminate or modify the member’s access
to this Site without notice or refund. If LeoAdventures
solely determines that a serious violation has
occurred by a member (such as, but not limited
to: fraud, abuse of the Site, resale of goods)
LeoAdventures may also file suit against you seek
legal remedies available at law. Upon termination
of this Agreement or any LeoAdventures Agreement by
either you or LeoAdventures you must promptly destroy
all materials downloaded or otherwise obtained
from this Site, as well as all copies of such
materials, whether made under the terms of use
or otherwise.
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