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Terms & Conditions

This policy is effective as of October 6, 2023.

AGREEMENT BETWEEN USER AND Legacy Creative Arts Studio, LLC

"Legacy" is comprised of web pages operated by Legacy Creative Arts Studio, LLC located at https://www.legacycas.com.

Legacy is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Legacy constitutes your agreement to all such terms, conditions, and notices. When you create an account at Legacy, you accept these terms and conditions.

LINKS TO THIRD PARTY SITES

Legacy may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Legacy Creative Arts Studio, LLC and Legacy Creative Arts Studio, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Legacy Creative Arts Studio, LLC is not responsible for any other form of transmission received from any Linked Site. Legacy Creative Arts Studio, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Legacy Creative Arts Studio, LLC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Legacy Creative Arts Studio Web Site, you warrant to Legacy Creative Arts Studio, LLC that you will not use Legacy Creative Arts Studio for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Legacy Creative Arts Studio in any manner which could damage, disable, overburden, or impair Legacy Creative Arts Studio, LLC or interfere with any other party's use and enjoyment of Legacy Creative Arts Studio. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Legacy Creative Arts Studio.

USER CONDUCT

Legacy Creative Arts Studio reserves the right, but does not assume the responsibility, to monitor or review your conduct on Legacy Creative Arts Studio. Your use of Legacy Creative Arts Studio is subject to all applicable local, state, national and international laws and regulations.

In using Legacy Creative Arts Studio you agree not to:

Post, transmit, or otherwise make available, through or in connection with Legacy Creative Arts Studio:

  • Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."

  • Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

  • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).

  • Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;

  • Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

  • Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.

  • Interfere with or disrupt the operation of Legacy Creative Arts Studio or the servers or networks used to make Legacy Creative Arts Studio available; or violate any requirements, procedures, policies or regulations of such networks.

  • Use Legacy Creative Arts Studio to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use Legacy Creative Arts Studio in a commercial manner.

  • Attempt to gain unauthorized access to Legacy Creative Arts Studio, other accounts, computer systems or networks connected to Legacy Creative Arts Studio, through password mining or any other means.

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from Legacy Creative Arts Studio or reproduce or circumvent the navigational structure or presentation of Legacy Creative Arts Studio.

  • Engage in any other conduct which, in Legacy Creative Arts Studio's sole discretion, is considered inappropriate, unauthorized or objectionable.

NO SPAMMING

You agree not use any feature of Legacy Creative Arts Studio for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Legacy Creative Arts Studio . If you use any feature of Legacy Creative Arts Studio for the purpose of sending Spam, your right to use Legacy Creative Arts Studio immediately terminates and Legacy Creative Arts Studio reserves the right to seek appropriate legal recourse, as necessary. You agree that Legacy Creative Arts Studio may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that others are using Legacy Creative Arts Studio for spam purposes, please notify us by emailing Legacy Creative Arts Studio at help@Legacy Creative Arts Studio.com. Please note that by posting a public event you are consenting to receive, and authorizing Legacy Creative Arts Studio to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

USE OF COMMUNICATION SERVICES

Legacy Creative Arts Studio may contain message board services, chat areas, news groups, forums, communities, personal web pages, one-to-one messaging, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Legacy Creative Arts Studio, LLC has no obligation to monitor the Communication Services. However, Legacy Creative Arts Studio, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Legacy Creative Arts Studio, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Legacy Creative Arts Studio, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Legacy Creative Arts Studio, LLC's sole discretion.

MATERIALS PROVIDED TO Legacy Creative Arts Studio, LLC OR POSTED AT ANY Legacy Creative Arts Studio, LLC WEB SITE

Legacy Creative Arts Studio, LLC does not claim ownership of the materials you provide to Legacy Creative Arts Studio, LLC (including feedback and suggestions) or post, upload, input or submit to Legacy Creative Arts Studio or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Legacy Creative Arts Studio, LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Legacy Creative Arts Studio, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Legacy Creative Arts Studio, LLC's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

PAID MEMBERSHIPS

Extra, Advanced, Preferred, Plus, Premium, Platinum, and Business memberships are paid versions of Legacy Creative Arts Studio. When purchasing a paid membership you can choose to be billed according to the subscription period selected. You are responsible for any applicable sales tax or other government fees owed in connection with your paid membership. Your membership will renew based on the subscription period selected at purchase. The amount billed for your paid membership may vary with each subscription period due to changes in applicable sales tax or governmental fees. Your membership will auto-renew every period unless canceled prior to the next billing date. It is your responsibility to promptly provide Legacy Creative Arts Studio, LLC with any contact or billing information changes or updates (including, address, credit card number, etc). New features will be added to the paid versions of Legacy Creative Arts Studio on a regular basis. Some features may become free at the sole discretion of Legacy Creative Arts Studio, LLC

VENDOR CONNECT

The Legacy Creative Arts Studio Vendor Connect service allows a user to list their Business on Legacy Creative Arts Studio.com. Vendor Connect users acknowledge the following: Legacy Creative Arts Studio.com will not endorse you or your products or services. We are not responsible for assisting you in reaching potential customers. Any transaction you enter into with your customer is strictly between you and the customer, and Legacy Creative Arts Studio is not a party to this transaction. You agree to not use the Service to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) impersonate any person or entity, including, but not limited to, a Legacy Creative Arts Studio employee or administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity; and (c) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

If Legacy Creative Arts Studio has reasonable grounds to suspect that your Vendor listing is in violation of these terms, Legacy Creative Arts Studio has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Payments made for a Professional listing are a one-time payment that activates your enhanced listing on Legacy Creative Arts Studio. If you're not completely satisfied with your Vendor Connect enhanced listing, contact us within the first 30 days and we will refund your activation payment.

GIFT CARDS

Gift Cards and related Products, whether they are physical or electronic, may be selected and purchased on the Site ("Gift Card Products"). When you have completed and paid for your order, Legacy Creative Arts Studio, LLC will produce the Gift Card Products you have selected and send them to the recipients specified by you. The pricing for Gift Card Products is stated in U.S. dollars. Please note that prices and processing fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order. Please place and complete your order carefully. Once purchased, there are no returns, refunds or cancellations of Gift Card Products. Once your order has been placed, any and all processing fees are not refundable. If you have any questions or problems with your order or the order has not been received within the expected timeframe, please contact us immediately at info@legacycas.com. Please include your order confirmation number in all communications.

PAYMENT

Payment for services is made by credit card in US Dollars and is non-refundable. Legacy Creative Arts Studio, LLC reserves the right to cancel your membership or Gift Card Product in the case of non-payment or invalid credit card. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Legacy Creative Arts Studio, LLC may immediately cease to provide any and all Deliverables to the Member. You must notify Legacy Creative Arts Studio, LLC about any billing problems or discrepancies within 90 days after charges first appear on your statement. If it is not brought to the attention of Legacy Creative Arts Studio, LLC within 90 days, you agree to waive your right to dispute such problems or discrepancies.

TEXT MESSAGING SERVICES

The following are the SMS Terms for the Legacy Creative Arts Studio SMS program:

  • As part of the Services, you are able to send and receive short message service (“SMS”) related to an Invitation and/or Greeting Card. You must have permission from each Recipient before you send any Messages to such Recipient through the Services. If you do not have permission to send Messages to a Recipient, you must not send any Messages through the Services to such Recipient.

  • Once you are registered, we may send you notifications via SMS about an Invitation and/or Greeting Card that you have sent or received. Message frequency will vary.

  • You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

  • If you experience issues with the messaging program, you can get help directly at info@legacycas.com.

  • Carriers are not liable for delayed or undelivered messages.

  • Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

  • If you have any questions regarding privacy, please read our Privacy Policy.

INDEMNITY

You agree to indemnify and hold harmless Legacy Creative Arts Studio, LLC, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to Legacy Creative Arts Studio, your violation of the TOS, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

APPLICABLE LAW

By visiting https://www.legacycas.com you agree to submit to the personal and exclusive jurisdiction of the courts of San Diego County, California. 

MERGER OR ACQUISITION

It is possible that the services and/or related assets of Legacy Creative Arts Studio, LLC might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Legacy Creative Arts Studio, LLC may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.

LIABILITY DISCLAIMER

Legacy Creative Arts Studio AND THE Legacy Creative Arts Studio, LLC COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Legacy Creative Arts Studio MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Legacy Creative Arts Studio, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO Legacy Creative Arts Studio AT ANY TIME.

Legacy Creative Arts Studio, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON Legacy Creative Arts Studio FOR ANY PURPOSE. Legacy Creative Arts Studio, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Legacy Creative Arts Studio, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Legacy Creative Arts Studio, WITH THE DELAY OR INABILITY TO USE Legacy Creative Arts Studio OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Legacy Creative Arts Studio, OR OTHERWISE ARISING OUT OF THE USE OF Legacy Creative Arts Studio, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Legacy Creative Arts Studio, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Legacy Creative Arts Studio, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Legacy Creative Arts Studio.

TERMINATION/ACCESS RESTRICTION

Legacy Creative Arts Studio, LLC reserves the right, in its sole discretion, to terminate your access to Legacy Creative Arts Studio and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions. You agree any action at law, or in equity arising out of, or relating to these Terms and Conditions shall be filed only in the state or federal courts in Suffolk County, Boston, Massachusetts, United States of America in all disputes arising out of or relating to the use of Legacy Creative Arts Studio.

Use of Legacy Creative Arts Studio is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Legacy Creative Arts Studio, LLC as a result of this agreement or use of Legacy Creative Arts Studio. Legacy Creative Arts Studio, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Legacy Creative Arts Studio, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Legacy Creative Arts Studio or information provided to or gathered by Legacy Creative Arts Studio, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Legacy Creative Arts Studio, LLC with respect to Legacy Creative Arts Studio and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Legacy Creative Arts Studio, LLC with respect to Legacy Creative Arts Studio. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of Legacy Creative Arts Studio are copyright 2023, Legacy Creative Arts Studio, LLC and/or its suppliers. All rights reserved. The names of actual companies and products mentioned on Legacy Creative Arts Studio may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Unless otherwise noted, all materials, including, but not limited to names, logos, images, text, illustrations, designs, icons, photographs, characters, video clips and written and other materials that appear on this site (collectively, the “Contents”) are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Legacy Creative Arts Studio, one of its affiliates or by third parties who have licensed their materials to Legacy Creative Arts Studio, and are protected by U.S. and international copyright laws. You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale or exploit in any manner, in whole or in part, any of the Contents.

MODIFICATION OF THESE TERMS OF USE

Legacy Creative Arts Studio, LLC reserves the right to change the terms, conditions, and notices under which Legacy Creative Arts Studio is offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement.

 

CONTACT

info@legacycas.com

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