- ACCEPTANCE OF TERMS OF SERVICE
- CHANGE IN THE TERMS OF SERVICE
- OWNERSHIP OF THE LEGIONFARM SERVICES
- USING THE LEGIONFARM SERVICES
- LIMITATION OF LIABILITY
- INDEMNIFICATION AND RELEASE
- TERMINATION
- NON-CIRCUMVENTION
- END USER LICENSE GRANT
- YOUR RELATIONSHIP WITH LEGIONFARM
- GOVERNING LAW AND JURISDICTION
- COMPLAINTS ABOUT COPYRIGHTED CONTENT ON THE SITE
- MISCELLANEOUS
Please read carefully the following provisions of these Terms of Service (this “Agreement” or “Terms of Service”). This is a legal agreement between you and Legionfarm, Inc. with the registered address at 910 Foulk Road, Suite 201, Wilmington, County of New Castle, USA and its affiliates and Embily OU, registered address Pärnu mnt 41a, Tallinn, Estonia (hereinafter “Legionfarm”, “Legionfarm Entities”, “Legionfarm Parties”, “we” or “us”) regarding the use of the website located at www.legionfarm.com, all affiliated websites, including mobile websites and applications, owned and operated by us, or our predecessors or successors in interest (collectively, the “Site”), all services, applications and products that are accessible through the Site and all our mobile applications that link to or reference this Agreement (collectively, the “Platform” or “Legionfarm Services”).
Legionfarm Services provides an online marketplace where the individuals (the “Clients”) who seek to acquire in-game training and assistance (the “Services”) and professional players and experts (the “Service Providers”) who seek to offer such Services can identify each other and engage with each other for the provision of the Services. Through the Legionfarm Services, Legionfarm facilitates the provision of Services to the Clients and Service Providers (collectively, the “Users”), but does not act as a party to the provision of the Services or the Contract (as defined below). If Clients agree on terms for the Services, a service contract (a “Contract”) is formed directly between such Clients, subject to the provisions set forth in Section 4 of this agreement.
By using the Legionfarm Services you agree to these Terms of Service, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any portion of the Legionfarm Services, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY STOP ACCESSING OR USING THE LEGIONFARM SERVICES.
By registering for an account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and these Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement and any amendments.
We reserve the right at all times to discontinue or modify any part of these Terms of Service as we deem necessary or desirable. We suggest that you revisit our Terms of Service from time to time to ensure that you stay informed of any such changes to the Legionfarm Services. We will provide reasonable notice before of any amendment to these Terms of Service that includes a material change to these Terms of Service. Your continued use of the Legionfarm Services after we update these Terms of Service will constitute acceptance of the modified Terms of Service. We also reserve the right to change or discontinue any aspect or feature of the Legionfarm Services including, but not limited to, requirements for access or use. Any revisions to the Terms of Service will take effect on the noted effective date.
As between you and us, you own User Content (as defined below). We own Legionfarm Services content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, mobile applications, aggregate user review ratings, and all other elements and components of the Legionfarm Services excluding User Content and any other content posted on the Legionfarm Services (collectively, “Content” or “Legionfarm Content”). We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with our Content and the Legionfarm Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Legionfarm Services are retained by us.
4.1 We provide Services according to subscription plans that allow our clients to access Services over the Internet. Subscription plans are subject to unilateral change at the sole discretion of Legionfarm, all currently available subscription plans stipulated at https://legionfarm.com/subscribe.
4.2 Eligibility
To access or use the Legionfarm Services and to create an Account, as a Client, you must be, and hereby represent that you are, an individual 13 years or older who can form legally binding contracts. If you are between ages of 13 and the age of majority where you live, you must review these Terms of Service with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. In certain jurisdictions for the purposes of this Agreement, such adult shall be construed as party to this Agreement on your behalf until you attain 18 years of age.
To register as a Service Provider you must be at least 18 years old. Please contact us at help@legionfarm.com if you are under the age of 18 but still would like to use the Platform or provide Training Services.
You may not access or use the Legionfarm Services if we have previously banned you from the Legionfarm Services or closed your Account.
The Legionfarm Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Legionfarm to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. You agree that you are not a citizen or resident of a geographic area in which access or use of the Site is prohibited by applicable law, decree, regulation, treaty, or administrative act.
We reserve the right to limit the availability of the Legionfarm Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
By registering for an Account, you agree to: (a) be financially responsible for your use of the Site and the purchase and/or delivery of the Services; and (c) perform your obligations as specified by any Contract that you accept, unless such obligations are prohibited by applicable law or this Agreement. Legionfarm reserves the right, in our sole discretion, to refuse, suspend, or terminate your access to the Site and Legionfarm Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or otherwise violates this Agreement, or for any other reason or no reason in Legionfarm's sole discretion.
4.2 Site Availability
The Legionfarm Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
4.3 User Accounts
You may be required to create an Account and provide certain information about yourself in order to use the Legionfarm Services. If you are a Service Provider, you represent and warrant that you use your Account to market your services to others for the purpose of entering into independent contractor relationships with other Users of the Legionfarm Services. You agree to provide true, accurate, and complete information on your Account and all registration and other forms you access through the Legionfarm Services or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You may not impersonate any other person or use a name that is not your own.
You may only have one Account for use of the Legionfarm Services. You may not create or use more than one account, and you may not share your Account or any of the Legionfarm Services with others.
We reserve the right, in our sole discretion, to refuse, suspend, or revoke your access to the Legionfarm Services if we learn that any information you provided on any form or posted through the Legionfarm Services is not true, accurate, or complete, or such information or other conduct otherwise violates the Legionfarm Terms of Service, or for any other reason or no reason in our sole discretion. When you create an Account and from time to time thereafter, your Account may be subject to verification of your identity and any information that you had provided to us, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity; and you authorize Legionfarm, directly or through third parties, to make any inquiries necessary to validate the foregoing, subject to applicable law.
Each User is responsible for maintaining the confidentiality of such User’s Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. You agree not to use the Account, username, or password of another User of Legionfarm Services, nor to disclose your password to any third party.
The Legionfarm Services may be made available through Facebook, Twitter, Google and other services, which requires an active account with the applicable service, and you hereby represent and warrant that you have read and agreed to be bound by all applicable policies governing the use of such service and will act in accordance with those policies, in addition to your obligations under these Terms of Service. If you sign into Legionfarm Services through Facebook, Twitter, Google and other service, you will provide your account credentials with such service to Legionfarm, and you are consenting to have the information in that account transmitted into your Legionfarm Account, and you agree that you shall only use the accounts owned by you, and not by any other person or entity.
4.4 Feedback and Ratings
Legionfarm encourages Clients to leave objective balanced feedback about Service Providers with whom they have transacted. As a Service Provider you acknowledge and agree that the Site contains public feedback from Clients with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by your Clients and that Legionfarm may calculate a composite feedback number based on these individual ratings. Service Providers agree to be rated by their Clients along several criteria, as determined by Legionfarm. Legionfarm provides its feedback and rating system as a means through which Clients can express their opinions publicly, and Legionfarm does not monitor or censor these opinions or investigate any remarks posted by Clients for accuracy or reliability unless a User brings the posting to Legionfarm's attention. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. By law, Legionfarm is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
4.5 Relationship between Service Provider and Client
Subject to the terms of this Agreement, Legionfarm provides the Legionfarm Services to Clients and Service Providers, including hosting and maintaining the Site, enabling the formation of Contracts, and managing disputes related to those Contracts.
You acknowledge and agree that the formation of a Contract between Client and Service Provider does not, under any circumstance, create an employment relationship between Legionfarm and the Service Provider or a principal-agent relationship between the Client and Legionfarm.
a. Contract. Service Provider and Client enter into a Contract to perform specific Services when they agree on the terms of the Services or Client accepts Service Provider’s offer through the Legionfarm Services (a “Contract”). You acknowledge and agree that Legionfarm is not a party to any Contract, and that the formation of a Contract between the Users will not, under any circumstance, create an employment or other service relationship between Legionfarm and any User.
b. Provision of Services. Service Provider will perform the Services in a timely, professional and workmanlike manner. Service Provider will comply with all laws and regulations applicable to Service Provider’s obligations under the Contract.
The manner and means of performing the Services will be determined and controlled solely by Service Provider, which is engaged by Client as an independent contractor.
c. Termination of Contract. Once Client’s balance has been charged for the Services provided under the Contract, absent a full refund to Client by Service Provider, the Contract does not terminate until the Services are completed. However, either Client or Service Provider has the right to terminate a Contract at any time with the consent of the other party or in the event of a material breach by the other party. If Client buys a Legionfarm Services subscription, the subscription refund is available only for the price of the subscription with the deduction of the already rendered to Client Legionfarm Services cost.
4.6 Payment Terms
a. Payment through the Platform. Upon paying for the use of the Legionfarm Services, Client agrees to pay using the payment methods indicated and grant authorization to Legionfarm and/or the applicable third party payment-processor to charge Client’s payment methods indicated. Legionfarm and/or the applicable third-party payment processor shall charge and Client shall be responsible for payment of all taxes, tariffs, levies, or duties applicable to Client’s payment. Client is responsible for: (a) the accuracy of all credit and debit card information that Client provides to Legionfarm; and (b) maintaining the confidentiality and security of Client’s account information. Client is responsible for all transactions on Client’s account, including unauthorized transactions.
b. Loading of Funds. The Platform may require Client to load a monetary value to Client’s account using Client’s credit or debit card on file in order to make payments for Legionfarm Services through the Platform. Any value that Client loads to Client’s account is a prepayment for the goods and services Client may purchase through the Platform. Any monetary value Client has previously loaded to Client’s account will be refunded back to Client’s payment method on file if Client terminates Client’s account. The value Client loads to Client’s account is not insured by the Federal Deposit Insurance Corporation (FDIC) and does not earn interest. Legionfarm may impose limits on the amount of value that Client may load to Client’s account in its discretion. Legionfarm may require that Client loads a minimum amount to Client’s account in order to use the Legionfarm Services. There may be a delay from the time Client loads value to when the value is available for use through the Platform.
c. Termination of Contract. Once Client has been charged for the Services provided under the Contract, absent a full refund to Client by Service Provider, the Contract does not terminate until the Services are completed. However, either Client or Service Provider has the right to terminate a Contract at any time with the consent of the other party or in the event of a material breach by the other party. If Client buys a Legionfarm Services subscription, the subscription refund is available only for the price of the subscription with the deduction of the already rendered to Client Legionfarm Services cost.
d. Non-payment by Client. Service Provider is entitled to charge a fee for each instance of completed Training Services provided to a User that are obtained via the Platform (“Contract Fee”). If Client fails to pay the Contract Fees, whether by initiating an improper chargeback, or any other means, we may suspend or close Client’s Account and revoke Client’s access to the Legionfarm Services, and to seek all available remedies under the law. If Legionfarm is required to pursue legal action against a User, Legionfarm shall also be entitled to reimbursement of attorneys’ fees and other costs of collection to the extent permitted by applicable law.
e. Taxes. Service Provider acknowledges and agrees that Service Provider is solely responsible (a) for all tax liability associated with payments received from Clients and through Legionfarm, and that Legionfarm will not withhold any taxes from payments to Service Provider; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Service Provider is not covered by or eligible for any insurance from Legionfarm; (c) for determining whether Service Provider is required by applicable law to issue any particular invoices for the Contract Fees and for issuing any invoices so required; (d) for determining whether Service Provider is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Contract Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Legionfarm is required by applicable law to withhold any amount of the Contract Fees and for notifying Legionfarm of any such requirement and indemnifying Legionfarm for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Legionfarm, Service Provider agrees to promptly cooperate with Legionfarm and provide copies of Service Provider’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Service Provider is engaging in an independent business as represented to Legionfarm. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
f. Service Fees. The fees to use the Legionfarm Services are paid solely by the Service Providers. When a Client pays a Service Provider, or when funds related to a Contract are otherwise released to a Service Provider, Legionfarm will automatically deduct the Legionfarm service fee from Contract Fees (the “Service Fee”). Service Provider agrees that when a Client pays a Service Provider or funds related to a Contract are otherwise released to a Service Provider, Legionfarm will first deduct service fee for creating, hosting, maintaining, and providing the Legionfarm Services and then credit the balance into the Service Provider’s Account. Client and a Service Provider are obligated to use the Site to pay and receive payment for the Services if they identified each other through the Site.
g. Payout methods. Legionfarm may use various payout methods when transferring funds to Service Providers. In particular, Legionfarm uses the following methods: wire transfer, ACH, eCheque, Visa and Mastercard direct debit.
h. You may receive gratuities from Users through the Legionfarm Services. Any such gratuities are provided at the sole discretion of a User, and we do not guarantee that you will receive gratuities from Users. Gratuities paid to you by a User are your property and shall be remitted to you along with Contract Fees (collectively, “Legionnaire Funds”). Every gratitude above USD 5 is to be paid you charged with LegionFarm commission in the amount of 20 percent.
In some cases, you may have entered into separate agreements that allow us to auto-deduct from your Legionnaire Funds to pay for products or services under such agreements. If you accept gratuities through the Legionfarm Services, you expressly agree that we may continue to deduct any amounts you owe from Legionnaire Funds, in accordance with those agreements (for clarity, including from any gratuities you may receive). You also agree that your Legionnaire Funds (for clarity, including any gratuities) may be used to satisfy a court order of garnishment against you.
4.7 Responsibility for User Content
You alone are responsible for User Content, and once published, it cannot always be withdrawn. You assume all risks associated with User Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in User Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by the Legionfarm.
You agree not to transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (xix) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; (ix) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) includes a photograph or video of another person that you have posted without that person’s consent.
You agree that User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any of User Content that we believe, in our sole discretion, violates these provisions. For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree that you will not use your access to the Legionfarm Services for any unfair advantage or cheating in any games you play with third parties. You agree that the Legionfarm Services are intended solely for your entertainment and education (to improve your skills as a player).
You further agree that you will not use the Legionfarm Services to collect User Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their User Content.
We take no responsibility and assume no liability for any of User Content that you or any other User or third-party posts or sends over the Legionfarm Services. You shall be solely responsible for User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of any User Content posted on the Legionfarm Services.
4.8 Our Right to Use User Content
We may use User Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use User Content for any purpose. You also irrevocably grant the users of the Legionfarm Services and any Other Media the right to access User Content in connection with their use of the Legionfarm Services and any Other Media. You agree that User Content will be treated as non-confidential and non-proprietary and will not be returned. You further agree and acknowledge that your relationship with Legionfarm is not a confidential, fiduciary, or other type of special relationship and that none of User Content will be subject to any obligation of confidence on the part of Legionfarm. Finally, you irrevocably waive, and cause to be waived, against us and our Users any claims and assertions of moral rights or attribution with respect to User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of User Content.
4.9. User Content and Activities
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any information, message, image, photo, video, file, text, personal or technical data, profile data or any other type of information or material, including, without limitation, recordings of your gaming sessions or Services with a Service Provider, (collectively, “User Content”) to Legionfarm, any Legionfarm employee or contractor, or any Legionfarm website, you grant Legionfarm and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorised by Legionfarm, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in User Content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use User Content. You acknowledge that Legionfarm may record, store or distribute to third parties recordings of sessions in which you participate, either in their entirety or excerpts of the same. In addition, you acknowledge that Legionfarm may edit any of User Content you submit without your permission before making it available to third parties for viewing or other use.
In particular, you acknowledge and agree that any lessons or interactions taking place on the Platform may be live streamed for public viewing. Additionally, you acknowledge that Legionfarm may use User Content including your screen name, Account information, or other information provided by you to scrape APIs and collect data about the Services or interactions. Furthermore, you acknowledge that Legionfarm may collect this data even when you are not directly using the Platform but only to the extent that Legionfarm uses the data to enhance your Platform experience.
Note that we may create, facilitate or display social advertisements, whereby your name, profile, photo, session feedback, and other qualitative or quantitative data about you or provided by you may be used to advertise products and services on your use of the Services and your interactions with Legionfarm. You agree that Legionfarm may use your name, profile picture and similar information in connection with social ads to advertise products and services based on your use of the Services and your interactions with Legionfarm, Service Provider’s and third parties through the Services.
You further agree that Legionfarm is free to use any ideas or concepts contained in any of User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Legionfarm to publish User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any of User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Legionfarm is not required to host, display, or distribute, and may remove at any time, any of User Content. Legionfarm reserves the right to change the format, sizing, and any other display specifications of User Content as it sees fit.
You represent and warrant that (i) you own User Content submitted by you on, through or in connection with the Legionfarm Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of User Content on, through or in connection with the Legionfarm Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
Except as otherwise described in the Legionfarm’s Privacy Policy posted, or any other agreement on the Legionfarm Services presented at the time you provide User Content, you agree that User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with Legionfarm is not a confidential, fiduciary, or other type of special relationship. None of User Content will be subject to any obligation of confidence on the part of Legionfarm. You acknowledge and agree that, to the fullest extent permitted by applicable law and except as limited by the Privacy Policy, Legionfarm will not have any obligation to you with regard to User Content and that Legionfarm may or may not monitor, display or accept User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Legionfarm Services, or allowing it to be distributed through the Legionfarm Services. This includes private messages exchanged by you and any Service Provider or any other User through the Legionfarm Services. This “User Content and Activities” section shall survive any expiration or termination of your relationship with Legionfarm.4.10 Restrictions
We are under no obligation to enforce the Terms of Service on your behalf against another User. While we encourage you to let us know if you believe another User has violated this Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion
You agree not to, and will not assist, encourage, or enable others to use the Legionfarm Services to:
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Use the Legionfarm Services for commercial purposes, except as expressly permitted by these Terms of Service;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Legionfarm Services’ search results or any third-party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
- Violate the Terms of Service;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Legionfarm Services or any Content posted on the Legionfarm Services (other than User Content), except as expressly authorized by us;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Legionfarm Services or any Content posted on the Legionfarm Services;
- Reverse engineer any portion of the Legionfarm Services;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Legionfarm Services or on any materials printed or copied from the Legionfarm Services;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the Site or Legionfarm Services;
- Reformat or frame any portion of the Legionfarm Services;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Legionfarm Services;
- Attempt to gain unauthorized access to the Legionfarm Services, user accounts, computer systems or networks connected to the Legionfarm Services through hacking, password mining or any other means;
- Use the Legionfarm Services or any Content posted on the Legionfarm Services to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software or routine that interferes with the proper working of the Legionfarm Services, or otherwise attempt to interfere with the proper working of the Legionfarm Services;
- Use the Legionfarm Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Legionfarm Services or Content posted on the Legionfarm Services;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Legionfarm Services, features that prevent or restrict the use or copying of Content posted on the Legionfarm Services, or features that enforce limitations on the use of the Legionfarm Services; or
- Utilize your access to the Legionfarm Services for any unfair advantage or cheating in any games, or in violation of any applicable terms of use for any such game.
Prohibited activities include, without limitation:
- unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or the Legionfarm Services;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Site or the Legionfarm Services;
- any automated use of the Site or the Legionfarm Services, such as, but not limited to, using scripts to send messages or posts;
- interfering with, disrupting, or creating an undue burden on the Site or the Legionfarm Services or the networks or services connected to the Legionfarm Services;
- using the Legionfarm Services in a manner inconsistent with any applicable law.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LEGIONFARM AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND LICENSORS (COLLECTIVELY, THE “LEGIONFARM ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE LEGIONFARM SERVICES IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE LEGIONFARM SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE LEGIONFARM ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE LEGIONFARM SERVICES, ITS SAFETY OR SECURITY, OR THE LEGIONFARM SERVICES CONTENT. ACCORDINGLY, THE LEGIONFARM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE.
THE LEGIONFARM ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD-PARTY, SUCH AS THE SERVICE PROVIDERS LISTED ON THE LEGIONFARM SERVICES OR THE LEGIONFARM SERVICES' USERS. ACCORDINGLY, THE LEGIONFARM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE USERS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE LEGIONFARM SERVICES IS AT YOUR OWN DISCRETION AND RISK.
THE LEGIONFARM ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE LEGIONFARM SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE LEGIONFARM ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE LEGIONFARM SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE LEGIONFARM SERVICES.
THE LEGIONFARM ENTITIES' MAXIMUM AGREGGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE LEGIONFARM SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE LEGIONFARM ENTITIES IN CONNECTION WITH THE LEGIONFARM SERVICES IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE LEGIONFARM ENTITIES DISCLAIM LIABILITY AND SHALL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. IN NO EVENT SHALL LEGIONFARM ENTITIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE LEGIONFARM SERVICES OR THE CONTENT POSTED ON THE LEGIONFARM SERVICES, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE LEGIONFARM SERVICES FOR RESERVATIONS), (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY BUSINESS IN CONNECTION WITH THE SERVICES.
You agree to defend, indemnify and hold harmless Legionfarm Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Legionfarm Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of any of User Content or any that is submitted via your Account; or (vi) any other party’s access and use of the Legionfarm Services with your username, password or other appropriate security code. You will cooperate as fully required by Legionfarm Parties in the defense of any claim. Legionfarm Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Legionfarm Parties.
In addition to the recognition that Legionfarm is not a party to any contract between Users, you hereby release Legionfarm, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity.
These indemnity obligations shall survive any expiration or termination of your relationship with Legionfarm.
We may close your Account, suspend your ability to use certain portions of the Legionfarm Services, and/or ban you altogether from the Legionfarm Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Legionfarm Services, User Content,
or any other related information.
In the event of any termination, whether by you or us, these Terms of Service will
continue in full force and effect, including our right to use User Content.
Termination of this Agreement and/or closing of your Account will not relieve
Client of the requirement to pay for Services performed prior to the date of termination or thereafter for any Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes and Contract Fees.
Client hereby preauthorizes and authorizes Legionfarm to deduct from Client’s bank cards any sum of debt for the services rendered to Client under this Agreement.
You may terminate the Terms of Service at any time by closing your Account, discontinuing your use of the Legionfarm Services, and providing Legionfarm with a notice of termination.
We may close your Account, suspend your ability to use certain portions of the Legionfarm Services, and/or ban you altogether from the Legionfarm Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Legionfarm Services, User Content, or any other related information.
In the event of any termination, whether by you or us, these Terms of Service will continue in full force and effect, including our right to use User Content.
Termination of this Agreement and/or closing of your Account will not relieve Client of the requirement to pay for Services performed prior to the date of termination or thereafter for any Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes and Contract Fees, Client hereby authorizes Legionfarm to deduct from Client’s bank cards.
You acknowledge that Legionfarm has expended substantial effort to connect Clients and Service Providers through the Legionfarm Services. You agree not to circumvent or attempt to circumvent Legionfarm by procuring or offering the Services to any User that you had originally identified through the Legionfarm Services outside the Legionfarm Services or solicit Platform’s Users for off Platform services, or to join similar or competing platforms, or otherwise circumvent Legionfarm’s role as payment processor or the Legionfarm Services’ payment methods, and any violation of the foregoing restrictions is a material breach of this Agreement.
Without limiting Legionfarm's other remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed to Legionfarm or our Affiliates under this Agreement, you must pay Legionfarm for all fees owed to Legionfarm and our Affiliates and reimburse Legionfarm for all losses and costs (including any and all time of Legionfarm's employees) and reasonable expenses (including attorneys' fees) related to investigating such breach and collecting such fees. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
9.1 Legionfarm Services
Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Legionfarm Services for your personal, non-commercial use, except as otherwise permitted by these Terms of Service. You agree not to copy, or procure content of information from the Legionfarm Services by automated means, or to use other data mining technology or processes to frame or extract data or other materials from the Legionfarm Services, unless authorized in writing by Legionfarm. No materials from Legionfarm Services may be copied, reproduced, modified, republished, downloaded, posted or distributed in any form or by any means without Legionfarm prior written permission. Legionfarm reserves all rights not expressly granted herein in the Legionfarm Services and the Legionfarm Content. Legionfarm may terminate this license at any time for any reason or no reason.
9.2 Mobile Software
We may make available software to access the Legionfarm Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Legionfarm Services. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Legionfarm Account on one mobile device owned or leased solely by you, for your personal, non-commercial use, except as provided in these Terms of Service. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof)
You expressly acknowledge, agree, and understand that: (a) the Legionfarm Services serves as merely a venue where Users may act as Clients and/or Service Providers; (b) Legionfarm is not a party to any Contracts between Clients and Service Providers; (c) you are not an employee of Legionfarm, and Legionfarm does not, in any way, supervise, direct, or control the Service Providers or their Services; (d) Legionfarm will not have any liability or obligations under or related to Contracts for any acts or omissions by you or other Users; (e) Legionfarm has no control over the Service Providers or Services offered or rendered by the Service Providers; (f) Legionfarm makes no representations as to the reliability, capability, or qualifications of any Service Providers or the quality, security, or legality of any Services, and Legionfarm disclaims any and all liability relating thereto; and (g) Legionfarm makes no representation as to the ability of Clients to pay for the Services; or that a Client or Service Provider can or will actually complete a transaction.
11.1 Governing Law
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by and construed under the laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
11.2 Arbitration
The Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.
11.3 Governing Law and Jurisdiction for Users in the European Union
i. For Users in the European Union, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
ii. You and Legionfarm irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
iii. Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission's Online Dispute Resolution (ODR) Platform.
Legionfarm is committed to complying with U.S. copyright and related laws and requires all Users to comply with these laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA").
If you are a proprietary rights owner and you believe someone is using Legionfarm to infringe your proprietary rights, you may provide Legionfarm with the notice described below (the “Notice”) by email to billing@legionfarm.com. The Notice fulfills the requirements of the United States Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3) ("DMCA"). The Legal Department is Legionfarm's designated agent under the DMCA.
In response to your Notice, Legionfarm may remove or disable access to the allegedly infringing material, and take such other actions we deem appropriate in our sole discretion. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing. If we remove or disable access, we will attempt to contact the poster of the allegedly infringing material so that the poster may provide a counter notification.
13.1 User Disputes
Either Client or Service Provider may institute a request for Dispute resolution through the Legionfarm Services. Any such request must be made not later than 60 days after the last provision of Services under a Contract. “Dispute” means a dispute between a Client and Service Provider concerning a Contract.
Legionfarm will notify Client and Service Provider by providing a notice of Dispute along with a request for information and supporting documentation (if any).
If either Client and Service Provider respond to the notice of Dispute and request for information, then Legionfarm will review the documentation submitted and any information available through the Legionfarm that pertains to the Dispute. After review, Legionfarm will propose a binding resolution based on the results of the review. You agree that Legionfarm is authorized to decide the Dispute within its discretion. You agree that Legionfarm’ decision is final, that it may be entered in and enforced by any court of competent jurisdiction, you agree that Legionfarm is authorized and irrevocably instructed to immediately release any funds held by Legionfarm in accordance with its decision.
Except as provided in this Section 13A, we are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
13.2 Entire Agreement / Severability
These Terms of Service, together with any amendments and any additional agreements you may enter into with us in connection with the Legionfarm Services, shall constitute the entire agreement between you and us concerning the Legionfarm Services. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. This section shall survive any expiration or termination of your relationship with Legionfarm.
13.3 No Waiver
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
13.4 Third Party Beneficiaries and Agreements
If you downloaded the Mobile Software from any third-party web site, you acknowledge and agree such third party and its subsidiaries (“Third Parties”) are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Third Parties will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and Legionfarm Services is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Software and/or Legionfarm Services.
13.5 Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notice.
F. Special Provisions Applicable To Users Outside The United States.
The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities using the Legionfarm Services.
13.6 Third Party Links
The Legionfarm Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Legionfarm Services, such as through Facebook Connect or Twitter, you do so at your own risk, and you understand that these Terms of Service and Privacy Policy do not apply to your use of such sites. You expressly release us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers and businesses found on the Legionfarm Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
13.7 Notices
We may provide notices, whether such notices are required by law or are for marketing or other business-related purposes, to you via email notice to your registered email address, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Play Store, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service.
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms of Service that we would otherwise be required to provide to you in paper form by applicable laws. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us at billing@legionfarm.com. If you withdraw your consent to receive such records and notices electronically, we may in our discretion revoke your access to the Legionfarm Services, and you will no longer be permitted to use the Legionfarm Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective. Users are solely responsible for maintaining a current, active email address registered with Legionfarm, for checking their email and for responding to notices sent by Legionfarm to the User’s registered email address.
13.8 Sanctions
Economic and trade sanctions are administered by various governments from time to time. Certain sanction programs broadly prohibit most transactions with person located in embargoed country. These includes sanctions against countries like Belarus, Burma, Cuba, Iran, Iraq, North Korea, Syria, Sudan, Cote D’lvoire (Ivory Coast), Democratic Republic of Congo, Liberia, Venezuela and Zimbabwe. Pursuant to these sanctions, Legionfarm does not work with any Client or Service Provider from these sanctioned countries and reserves the right to refuse providing Legionfarm Services to Clients and Service Providers from such sanctioned countries.
13.9 Contact Us
Should you wish to contact us with any questions, complaints or claims with respect to the Legionfarm Services, you should visit our website at www.legionfarm.com or email help@legionfarm.com.