Privacy Policy

 

Date of starting this policy: November 02, 2017.

Welcome to Legends ("Legends," "we", "us" or "our"). Legends gives you a fast, beautiful and fun way to share multimedia content through our shared content platform. You just have to make a photo or multimedia element, add comments (if you want) and share it!, You can also share your chrome !.

• Our Privacy Policy describes how we and some of the companies we work with collect, use, share and protect information related to our mobile services, our website and any software provided or related to Legends services ( collectively, the "Service"), as well as the options you have for the collection and use of the information.

• By using our Service, you understand and agree that we provide you with a platform to publish content, such as photos, comments and other materials ("User Content") on the Service and to share User Content publicly. This means that other Users may search, view, use or share any User Content that you make public through the Service, in accordance with the terms and conditions of this Privacy Policy and our Terms of Use.

• Our Policy applies to all visitors, users and other persons accessing the Service ("Users").

 


1. INFORMATION COLLECTED

 

We collect the following types of information.

 

Information that you send us directly:

• Your username, password and email address when you sign up for a Legends account.

• Information that you provide in your user profile (for example, name and surname, photo, telephone number). This information allows us to help users "find" you or other users in Legends.

• User content (for example, photos, comments and other materials) that you post on the Service.

• Communications that you maintain with Legends. For example, we may send you emails related to the Service (such as procedures related to the verification of the account, changes or updates to the Service's functions, technical and security notices). Keep in mind that you can not give up receiving emails related to the Service.

 

Search for friends in Legends:

• If you wish, you can use our "Find friends" feature to locate other people who have a Legends account, either through (i) the contact list, (ii) third-party social media sites or (iii) ) by searching names and user names in Legends.

• If you choose to search for your friends through (i) the contact list of your device, Legends will access your contact list to determine if any of the people associated with your contact are using Legends.

• If you choose to search your friends through a (ii) third-party social media site, you will be asked to set up a link to third-party service; Likewise, you should be aware that any information provided by this service will be governed by this Privacy Policy.

• If you decide to search for your friends (iii) by searching for names or user names in Legends, just type the name of the person you want to search and we will search in our Service.

• Note on the "Invite friends" function: If you decide to invite someone to the Service through our "Invite friends" function, you can select a person directly in the contact list of the device and send a text message or email electronic from your personal account. You understand and agree that you are responsible for the charges that apply to communications sent from your device and, since this invitation comes directly from your personal account, Legends does not have access to this communication or control over it.

 

 

Analysis information:

• We use third-party analysis tools that help us measure traffic and trends in the use of the Service. These tools collect the information that your device or our Service has sent, including the web pages you visit, the add-ons and other information that helps us improve the Service. We collect and use this analysis information with analysis information from other Users, so that its use to identify any individual User in particular is prevented in the limits considered reasonable.

 

Cookies and similar technologies:

• When visiting the Service, we can use cookies and similar technologies, such as pixels, web signals and local storage to collect information about how you use Legends and offer you functions.

• We may ask advertisers or other partners to send advertisements or services to your devices, which may use cookies or similar technologies (ours or third parties).

• More information is available in the section.

 

Registry file information:

• The browser automatically facilitates the information in the log file each time you request access to a web page or application (that is, each time you visit them). You can also provide it when the content of the web page or the application is downloaded to the browser or device.

• When using our Service, our servers automatically record certain information from the registration file, including the web application, the Internet Protocol ("IP") address, the browser type, the pages and reference or exit URL, the number of clicks and the way in which you interact with the links in the Service, the domain names, the landing pages, the visited pages and other information of that type. We may also collect similar information from emails sent to our Users, which will allow us to track the emails that users open and the links that recipients click on. This information allows us to obtain more precise reports about the Service and make the most pertinent improvements in it.

 

 

Device identifiers:

• When using a mobile device, such as a tablet or phone, to access our Service, we can access, collect, control and store on the device or remotely store one or more "device identifiers". The device identifiers are small data files or similar data structures stored in or associated with a mobile device, which uniquely identify said device. A device identifier may consist of stored data that are related to the hardware of the device or that are related to the operating system of the device or other software, or data that Legends sends to the device.

• A device identifier can offer us, as well as other partners, information about how you explore and use the Service and can help us or others to provide reports or personalized content and announcements. Some features of the Service may not function properly if the use or availability of device identifiers is disabled or disabled.

 

Metadata:

• Metadata is usually technical data that is associated with User Content. For example, metadata can describe how, when and who collected a piece of User Content, and what format that content has.

• Users can add or have metadata added to their User Content, with hashtags (for example, to mark keywords when posting a photo), geo-tags (to mark the location in a photo), comments or other data. This allows your User Content to be more interactive and easier to search for other users. When you add a geotag to the photo or tag the photo using the third-party APIs, the latitude and longitude of the place you are in will be stored with the photo and it will be possible to find it (for example, using a location or map function) if you publish the photo according to your privacy settings.


2. HOW WE USE YOUR INFORMATION

 

In addition to some of the specific uses of the information we describe in this Privacy Policy, we may use the information received to:

• Help you access information effectively after logging in.

• Remember the information, so you do not have to re-enter it during your visit or the next time you visit the Service.

• Provide you and other users with personalized information and content, which can include ads on the internet and other marketing formats.

• Offer, improve, test and control the effectiveness of our Service.

• Develop and test new products and functions.

• Monitor the performance indicators, such as the total number of visitors, traffic and demographic data patterns.

• Diagnose or solve technological problems.

• Automatically update the Legends application on your device.

• Legends or other users may organize contests, special offers or other events or activities ("Events") on the Service. If you do not want to participate in an event, do not use the specific metadata (ie, hashtags or geotags) associated with that event.

 

3. SHARED USE OF YOUR INFORMATION

 

We will not proceed to rent or sell the information you provide to third parties other than Legends (or the group of companies that Legends is part of) without your consent, except in the terms stipulated in this Policy.

 

Parties with which we can share your information:

• We can share the User Content and your information (among others, information from cookies, log files, device identifiers, location data and usage data) with companies that are legally part of the same group of companies to which Legends belongs. , or that they become part of said group ("Subsidiaries"). Affiliates may use this information to help provide, understand and improve the Service (for example, by providing analysis data) and the Branches' own services (also to provide you with better and more relevant experiences). In any case, these Affiliates will respect the choices you make about who can see your photos.

• We can also share your information and tool information, such as cookies, log files and device identifiers and location data, with third parties that help us provide you with the Service ("Service Providers"). Our Service Providers will have access to your information only to the extent reasonably necessary to offer the Service in accordance with reasonable confidentiality terms.

• We may also share certain information, such as cookie data, with third-party advertising partners. This information would allow third-party ad networks, among other things, to offer targeted advertising that they believe may be of interest to you.

• We can delete the data that can identify you and share the anonymous data with other parties. We can also combine your information with other information, so that it is no longer associated with you, and share that global information.

 

Parties with which you can share your User Content:

• Any information or content that you voluntarily disclose for publication on the Service, such as User Content, is made available to the public and controlled by the privacy settings you establish. To change the privacy settings of the Service, change the settings of your profile. Once you have shared the User Content or made it public, other users may re-share that User Content.

• Depending on the configuration of the profile and the privacy that you establish, other Users can search for the User Content that you make public, which is subject to use according to the Legends API. The use of the Legends API is subject to the Terms of Use of the APIs, which include the conditions of this Privacy Policy.

• If you delete information that you have published on the Service, you can still view copies that have been cached and on archived pages of the Service; likewise, other Users or third parties that use the Legends API may have copied or saved said information.

 

 

Consequences in the case of a change of control:

• If we sell or transfer part or all of Legends or our assets to another company (for example, in the course of a transaction such as a merger, acquisition, bankruptcy, dissolution or liquidation), your information, such as the name and address of e-mail, User Content and any other information collected through the Service, may be part of the sale or transfer. In that case, you will remain the owner of your User Content. The buyer or recipient of the transfer will have to respect the commitments agreed in this Privacy Policy.

 

Response to legal requirements and how to avoid damages:

• We can access your information, keep it and share it in response to a legal requirement (such as a search warrant, court order or subpoena) if we believe in good faith that the law requires it. This may include responding to legal requirements of non-US jurisdictions if we believe in good faith that the law of that jurisdiction requires such response, affects users in that jurisdiction and is consistent with internationally recognized standards. We may also access, preserve and share information when we believe in good faith that it is necessary to detect, prevent and combat fraud and other illegal activities; protect you, other people and us, even as part of investigations; and to prevent impending death or physical harm. The information we receive about you may be accessed and processed or retained for a prolonged period of time when it is the subject of a legal requirement or obligation, a government investigation or investigations related to possible infractions of our conditions or policies, or when such action Allow to avoid damage.

 

4. HOW WE STORE YOUR INFORMATION

 

Storage and processing:

• Your property information that is collected through the Service may be stored and processed in the United States or in another country in which Legends, its Subsidiaries or Service Providers have facilities.

• Legends, its Affiliates or Service Providers may transfer the information we collect about you, including personal information that you have in other countries and in your country or jurisdiction, to other countries or jurisdictions around the world. If you are in the European Union or another region with laws that contemplate the collection and use of data and that differ from the laws of the United States, please note that we can transfer information, including personal information, to a country and a jurisdiction that do not have the same data protection laws as your jurisdiction.

• By registering for and using the Service, you consent to the transfer of information to the United States or any other country in which Legends, its Subsidiaries or Service Providers have facilities, as well as the use and disclosure of information about You under the terms provided in this Privacy Policy.

• We take reasonable business protection measures to help maintain the security of the information collected through the Service and follow the necessary and reasonable steps (such as requesting a unique password) in order to verify your identity before allowing you to access your account. However, Legends can not guarantee the security of the information you transmit to Legends, nor that the information in the Service can not be accessed, disclosed, modified or destroyed.

• Do your part to help us. You are responsible for keeping the unique password and account information secret, as well as controlling access to the emails you send or receive from Legends at all times. The privacy settings may also be affected by the changes made to your services by the social media with which you connect Legends. We are not responsible for the features or privacy and security measures applied by other companies.

 

5. ELECTIONS THAT YOU MAKE ON YOUR INFORMATION

 

Your account information and your profile / privacy settings:

• You can update your account whenever you want by logging in and changing the settings of your profile.

• You can also unsubscribe from the communications by email that we send you by clicking on the link provided for that purpose in these communications. As mentioned above, you can not renounce to receive communications related to the Service (for example, about verification procedures of the account, confirmations and reminders of purchase and billing, changes / updates of functions of the Service, technical and security notices) .

 

Period of time during which we retain your User Content:

• Upon termination or deactivation of your account, Legends, its Subsidiaries or its Service Providers may retain the information (including your profile information) and User Content for a reasonable period of time in commercial terms for backup purposes, file and / or audit.

 

6. PRIVACY OF CHILDREN

 

Legends does not knowingly collect or solicit any information from users who have not yet reached the age of 14, nor does it knowingly allow such persons to register for the Service. The Service and its content are not intended for children under 14 years of age. If we discover that we have received personal information from children under 14 years of age without parental consent, we will erase that information as soon as possible. If you believe that we can have some information about a child under 14 years of age or about this, please contact us.

 

7. OTHER WEBSITES AND SERVICES

 

We are not responsible for the practices employed by the websites or services coming from our Service or linked to it, including the information or content that they contain. Remember that, if you use a link in our Service that takes you to another website or service, our Privacy Policy does not apply to those websites or third-party services. If you browse a website or third-party service or interact with them, including those who have a link on our website, you will be subject to the rules and policies of those third parties. You also agree that we do not assume any responsibility nor exercise any control over the third parties to whom you authorize access to your User Content. If you are using a website or third-party service and you allow them to access your User Content, you do so at your own risk.

 

8. HOW TO COMMUNICATE THE DEATH OF A USER

 

In the event that a Legends User dies, please contact us. As a general rule, we will notify you by email if we need any other information and, for this, we will use the email address that you have provided in your application.

 

9. HOW TO CONTACT US

 

If you have any questions about this Privacy Policy or about the Service, look for the corresponding help channel to contact us in the helpline.

 

10. CHANGES IN OUR PRIVACY POLICY

 

Legends may modify or update this Privacy Policy periodically, so we advise you to review it from time to time. We can offer you other methods for the notification of modifications or updates, as deemed appropriate according to the circumstances. Your continued use of Legends or the Service after any modification of this Privacy Policy will imply your acceptance of such modification.

 

Terms of use

 

These Terms of Use start on November 02, 2017.

 

By accessing and using the Legends app site, or any of the services that Legends has made available to you (collectively, called the "Service"), regardless of how access is made, you agree to comply with these terms of use (" Terms of use"). The Service is owned or controlled by Legends (Sport Generation S.L.). These Terms of Use affect your legal rights and obligations. If you do not agree to comply, do not access the Service or use it.

 

We may occasionally offer a special feature with our own terms and conditions that apply along with these Terms of Use. In these cases, the specific terms of that special function are those that apply until such time as they conflict with these Terms of Use.

 

NOTICE OF ARBITRATION: EXCEPT IN THE EVENT THAT YOU WAIVE THEM OR PRODUCE CERTAIN TYPES OF CONFLICTS DESCRIBED IN THE FOLLOWING ARBITRATION SECTION, YOU ACCEPT THAT CONFLICTS THAT YOU KEEP WITH LEGENDS WILL BE RESOLVED BY INDIVIDUAL AND BINDING ARBITRATION, AND DISCLAIMERS OF THE RIGHT TO PARTICIPATE IN A GROUP CLAIM OR A COLLECTIVE ARBITRATION.

 

Basic conditions

 

1                You must be over 14 years of age to use the Service.

2                You can not post photos or other content that shows violent images, full nuances or partial, discriminatory, illegal, transgressive, tasteless, pornographic or sexual content through the Service.

3                You are responsible for the activities that are carried out through your account and you agree not to sell, transfer, grant licenses or assign your account, followers, username or the rights of your account. Except for people or companies that have express authorization to create accounts on behalf of their employers or customers, Legends prohibits the creation of an account for anyone other than yourself, and you agree not to create it. You also state that all information you provide or supply to Legends during your registration and at any other time will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its accuracy and accuracy.

4                You agree not to request, collect or use the login credentials of other Legends users.

5                You have the responsibility to keep the password secret and safe.

6                You must not defame, harass, intimidate, abuse, harass, threaten, intimidate or pose as a person or entity, and you must not publish private or confidential information through the Service, including, without limitation, credit card information. the social security numbers or the national identity document, the telephone numbers or private email addresses that belong to you or are owned by any other person.

7                You may not use the Service for any unauthorized or illegal purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (as defined below), including, without limitation, the laws of Copyright.

8                You are solely responsible for your conduct and the data, text, files, information, user names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, authorship work, applications, links and other content or materials (collectively referred to as "Content") that you submit, post or display on or through the Service.

9                You must not change, modify, adapt or alter the Service, or change, modify or alter another website so that it is wrongly inferred that you are associated with the Service or Legends.

10      You must not access Legends private API by methods other than those allowed by Legends.

11      You should not create or send emails, comments, indications that you like something or other unwanted commercial or intimidating communication methods (ie, "spam") to any Legends user.

12      You must not use domain names or web URLs in your username without the prior written consent of Legends.

13      You must not harm or interfere with the Service or the servers or networks connected to the Service, including the transmission of worms, viruses, spyware, malicious software or any other code of a destructive or harmful nature. You may not insert content or code, or alter or interfere with the manner in which any Legends page is displayed or displayed on a user's browser or device.

14      You must comply with the Community Standards of Legends.

15      You must not create accounts on the Service using unauthorized means, including, without limitation, the use of automated devices, scripts, robots, trackers, spiders or scrapers.

16      You must not try to restrict the use or enjoyment of the Service to another user and you must not encourage or facilitate infractions of these Terms of Use or any other Legends condition.

17      Violation of these Terms of Use may result in the closure of your Legends account, which is at the sole discretion of Legends. You understand and accept that Legends can not and will not be responsible for the Content posted on the Service and will use the Service at your own risk. If you violate the essence or spirit of these Terms of Use, or otherwise cause the risk of us being legally exposed, we may stop providing you with all or part of the Service.

 

 

General conditions

 

  

1                We reserve the right to modify or terminate the Service or access it for any reason, without prior notice, at any time and without any liability to you. You can deactivate your Legends account in your user profile. If we stop providing you access to the Service or use the aforementioned user profile to deactivate the account, then the photos, comments, indicators that something you like, contacts and all other data will no longer be accessible through your account (for example, users will not be able to access your username or view your photos), but such materials and data may be retained and appear on the Service (for example, if other users have in turn shared your Content).

2                Upon termination, all licenses and other rights granted to you in these Terms of Use will cease immediately.

3                It is at our sole discretion to reserve the right to change these "Terms of Use" periodically. Unless we make a change for legal or administrative reasons, we will notify you of the entry into force of the updated "Terms of Use" with reasonable notice. You agree that we may notify such updated Conditions by posting them on the Service and that your use of the Service after the effective date of the updated Terms (or participation in other conduct that we reasonably specify) constitutes your acceptance of the updated conditions. Therefore, you should review these Terms of Use and any updated Conditions before using the Service. The updated Conditions will take effect from the moment they are published, or at a later date that may be specified in the updated Conditions, and will apply to the use you make of the Service as of that moment. Conflicts that arise before the date of entry into force of the updated Conditions will be subject to these Terms of Use.

4                We reserve the right not to allow access to the Service to any person, for whatever reason and at any time.

5                We reserve the right to force the confiscation of any user name for whatever reason.

6                Although we are not obligated to do so, we may remove, edit, block and / or monitor the Content or accounts that include Content that we determine, in our sole discretion, that violates these Terms of Use.

7                You are solely responsible for the interaction you establish with other users of the Service, with or without connection. You agree that Legends is not responsible for the conduct of users. Although not required, Legends reserves the right to monitor or engage in conflicts that you maintain with other users. Act with common sense and use your best judgment when interacting with other users, even when you send or post Content or any type of personal or other information.

8                There may be links in the Service or in the communications you receive from the Service that refer you to websites or third-party functions. There may also be links to websites or third-party functions in images or comments within the Service. The Service also includes content from third parties that we do not control, maintain or endorse. The functionality in the Service may also allow interactions between the Service and a website or a third-party function, including the applications that connect the Service or your profile on the Service with a website or a third-party function. For example, the Service may include a feature that allows you to share Content from the Service or your Content with a third party, which may be made public in that service or that third-party application. The use of this functionality usually requires that you log in to your third-party service account and that you do so at your own risk. Legends does not control any of these third-party web services, nor any of its contents. You acknowledge and expressly accept that Legends is not responsible in any way for the services or functions of these third parties.

         THE CORRESPONDENCE AND COMMERCIAL AGREEMENTS WITH THIRD PARTIES THAT ARE PRODUCED THROUGH THE SERVICE ARE BETWEEN YOU AND THAT THIRD PARTY. You may, at your sole and absolute discretion and under your own responsibility, choose to use applications that connect the Service or the profile on the Service with a third party service (hereinafter, "Application") and such Application may interact with the Service profile, connect to this or collect and / or extract and enter information in that profile. If you use an Application, you agree to the following conditions: (i) if you use the Application to share information, you consent to the sharing of information about your profile in the Service; (ii) your use of it may cause personally identifiable information to be publicly disclosed or associated with you, even if Legends has not provided such information on its own, and (iii) you will use the Application in your sole discretion and responsibility, and you will prevent the Legends Parties (defined below) from suffering damages caused by the related activity.

9                You accept that you are responsible for the charges for data that you incur while using the Service.

10      Tracing, scraping, caching or access to any content on the Service is prohibited through automated means, including, without limitation, user profiles and photos (except if they may be the result of search engine protocols). standard or technologies used by a search engine with the express consent of Legends).

 

 

Rights

 

1                Legends does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant Legends a fully paid, non-copyrighted, non-exclusive, transferable license, with the possibility of being suborned and globally applicable to use the Content you post on or through the Service, in accordance with the Legends Service privacy policy, including, without limitation, sections 3 ("Sharing your information"), 4 ("How we store your information") and 5 ("Choices you make about your information"). You can choose which people can see your Content and activities, including photos, as described in the Privacy Policy.

2                Part of the Service is financed by advertising revenue and may display advertisements and promotions and, hereby, you agree that Legends may insert these advertisements and promotions into the Service or about, over or in conjunction with your Content. The manner, manner and extent of these ads and these promotions are subject to change without the need to specifically notify you.

3                You acknowledge that we can not always identify paid services, sponsored content or commercial communications as such.

 

4                You express and warrant that: (i) you are the owner of the Content that you have published on the Service or through it or that you are otherwise authorized to grant the rights and licenses stipulated in these Terms of Use; (ii) the publication and use of your Content in the Service or through it does not infringe, misuse or infringe the rights of third parties, including, without limitation, the rights of privacy, publicity, author, trademark or other Intellectual Property Rights; (iii) you agree to pay all copyrights, fees and any other amounts due as a result of Content posted on or through the Service, and (iv) you have the right and legal capacity to comply with these Terms of Use on your jurisdiction.

5                The Service includes content licensed or owned by Legends ("Legends Content"). Legends Content is protected by copyright laws, trademarks, patents, trade secrets, among others, and both you and Legends agree that Legends owns and retains all rights to the Legends Content and the Service. You will not eliminate, modify or conceal any copyright, trademark, service mark or other property right that is incorporated in the Content of Legends or that accompanies it, nor will you reproduce, modify, adapt or prepare derivative works that are based on in the realization, display, publication, distribution, transmission, retransmission, sale, license or exploitation of Legends Content.

6                The name Legends and its logo are trademarks of Legends (Sport Generation S.L.) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Legends. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and / or commercial image of Legends, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Legends.

7                Although the purpose of Legends is to make the Service as available as possible, there will be times when the Service may be interrupted, including, without limitation, for maintenance or planned updates, emergency repairs or due to a failure. of telecommunications links and / or equipment. In addition, Legends reserves the right to remove any Content from the Service for any reason, without prior notice. Legends may continue to store the Content removed from the Service, including, and without limitation, to comply with certain legal obligations, but can not be recovered without a valid court order. As a result, Legends strongly recommends that you maintain a backup copy of your Content. In other words, Legends is not a backup service and you agree that you will not use the Service for storage or backup purposes of the Content. Legends will not be responsible for the modification, suspension or interruption of the Services or the loss of any Content. You also acknowledge that the internet may be subject to security breaches and that sending Content or other information may not be secure.

8                You agree that Legends is not responsible or endorses the Content published on the Service. Legends has no obligation to protect, monitor, edit or delete any Content. If the Content violates these Terms of Use, you may have legal responsibility for such Content.

9                Unless otherwise described in the Service's Privacy Policy, as stipulated between you and Legends, no Content will be confidential or proprietary and we will not be responsible for the use or disclosure of this. You acknowledge and agree that your relationship with Legends is not confidential, fiduciary or special in any way and that your decision to send any type of Content does not cause Legends to play a special role other than that performed by other users on a general level, even as regards Regarding your Content. No part of your Content will be subject to any obligation of confidence on the part of Legends, and Legends will not be responsible for any use or disclosure of the Content you provide.

10      Legends has as a rule not to accept or take into consideration content, information, ideas, suggestions or other materials that are not specifically requested and to which specific terms, conditions and requirements may apply. This is done to avoid misunderstandings if your ideas resemble those we have developed or are developing on our own. Consequently, Legends does not accept unsolicited materials or ideas, and is not responsible for the materials or ideas so transmitted. If, in spite of what our policy stipulates, you decide to send us content, information, ideas, suggestions or other materials, you agree that Legends is free to use any content, information, ideas, suggestions or other mentioned materials for any purpose, including, Without limitation, the products and services of development and marketing without expecting any responsibility or payment of any kind on your part.

 

Reporting of copyright and other infringements of intellectual property

 

1                We respect the rights of other people and we hope you will do the same.

2                We provide you with the necessary tools to help you protect your intellectual property rights.

3                If you repeatedly infringe the intellectual property rights of another person, we will deactivate your account in case we consider it appropriate.

 

Disclaimer of guarantees

 

THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OF LEGENDS, IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". WITHIN THE SCOPE PERMITTED BY LAW, NOR LEGENDS, NOR ITS MATRIX COMPANY, NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "PARTIES OF LEGENDS") MANIFEST, NOR OFFER WARRANTY OR APPROVAL OF ANY KIND, EXPRESS OR IMPLICIT, WITH RESPECT TO THE FOLLOWING: (A) THE SERVICE; (B) THE CONTENT OF LEGENDS; (C) THE USER CONTENT; OR (D) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LEGENDS OR THROUGH THE SERVICE. FURTHERMORE, THE LEGENDS PARTIES SHALL DOWNLOAD ALL LIABILITY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TITLE, CUSTOMER, TRANSACTION, PACIFIC POSSESSION, INTEGRATION OF THE SYSTEM AND ABSENCE OF COMPUTER VIRUSES.

 

 

 

THE LEGENDS PARTIES DO NOT MANIFY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR SERVER THAT ALLOWS THAT THE SERVICE IS AVAILABLE DOES NOT CONTAIN HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, THE VIRUSES. THE PARTIES OF LEGENDS DO NOT MANIFY OR GUARANTEE THAT THE INFORMATION (INCLUDING ANY INSTRUCTION) ABOUT THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACCEPT THAT YOUR USE OF THIS SERVICE IS UNDER YOUR RESPONSIBILITY. THE LEGENDS PARTIES DO NOT WARRANT THAT THE USE OF THE SERVICE IS LEGAL IN ANY SPECIFIC JURISDICTION, AND THE PARTIES OF LEGENDS SPECIFICALLY DISCLAIM SUCH RESPONSIBILITY. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF ANY IMPLIED OR OTHER LIABILITY, SO THAT THE PREVIOUS LIABILITY DISCLAIMER IS NOT APPLIED IN YOUR CASE IF THE LAW OF SUCH JURISDICTION APPLIES TO YOUR CASE AND AFFECTS THESE CONDITIONS OF USE.

 

BY ACCESSING OR MAKING USE OF THE SERVICE, MANIFESTATIONS AND GUARANTEES THAT THE ACTIVITIES THAT YOU PERFORM ARE LEGAL IN ALL THE JURISDICTIONS IN WHICH YOU ACCESS OR USE THE SERVICE.

 

LEGENDS PARTIES DO NOT GUARANTEE THE CONTENT AND SPECIFICALLY DISCLAIM ALL RESPONSIBILITY WITH RESPECT TO ANY PERSON OR ENTITY, WHETHER THE TYPE OF LOSS, DAMAGE, (BE THIS, DERIVED, PUNITIVE OR OTHER), INJURY, DEMAND, LIABILITY OR ANY OTHER CAUSE OF ANY KIND OR NATURE BASED ON OR RESULTING FROM ANY CONTENT.

 

Limitation of liability; exemption

 

UNDER NO CIRCUMSTANCES SHALL THE LEGENDS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES) THAT KEEP RELATIONSHIPS DIRECT OR INDIRECT WITH: (A) THE SERVICE; (B) THE CONTENT OF LEGENDS; (C) THE USER CONTENT; (D) THE USE, THE INABILITY TO USE OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN WITH RESPECT TO AN INVESTIGATION PERFORMED BY THE PARTIES OF LEGENDS OR THE COMPETENT AGENCIES REGARDING THE USE THAT YOU OR ANOTHER PARTY MADE OF THE SERVICE; (F) ANY ACTION TO BE CARRIED OUT WITH RESPECT TO THE HOLDERS OF THE INTELLECTUAL PROPERTY OR AUTHOR'S RIGHT; (G) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICE; OR (H) ANY DAMAGE TO THE COMPUTER, MOBILE DEVICE, OR OTHER USER EQUIPMENT OR TECHNOLOGY, INCLUDING WITHOUT LIMITATION, DAMAGES CAUSED BY BREACH OF A SECURITY MEASURE OR BY ANY VIRUS, ERROR, HANDLING, FRAUD, OMISSION, INTERRUPTION, DEFECT , DELAY IN THE OPERATION OR TRANSMISSION, FAILURE OF THE NETWORK OR COMPUTER LINE, OR ANY OTHER FAILURE, INCLUDING WITHOUT LIMITATION, THE DAMAGES CAUSED BY LOSS OF PROFITS, OF PROFESSIONAL PRESTIGE, OF DATA, LABOR STOP, PRECISION OF THE RESULTS OR FAULT OR COMPUTER FAILURE, EVEN IF THEY ARE PREDICTABLE CASES OR IF THE LEGENDS PARTIES HAVE BEEN ADVISED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AN ACTION ARISING FROM A CONTRACT, NEGLIGENCE, STRICT LIABILITY OR HARM (INCLUDING, WITHOUT LIMITATION, THE CASES WHICH, IN ITS ENTIRETY OR PARTLY, ARE DERIVED FROM NEGLIGENCE, NATURAL CAUSES, FAILURE IN TELECOMMUNICATIONS OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT SHALL THE LEGENDS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LEGENDS PARTIES BE TOTALLY RESPONSIBLE BEFORE YOU FOR DAMAGES, LOSSES OR CAUSES, OR FOR ACTION EXCEEDING ONE HUNDRED DOLLARS (US $ 100.00).

 

YOU ACCEPT THAT IN THE EVENT THAT YOU INCUR IN A DAMAGE, LOSS OR INJURY THAT ARISES AS A RESULT OF AN ACTION OR OMISSION BY LEGENDS, THE DAMAGES CAUSED, IF ANY, ARE NOT IRREPARABLE OR SUFFICIENT TO MAKE YOU A HOLDER OF A REQUIREMENT THAT PREVENTS THE EXPLOITATION OF ANY WEB SITE, SERVICE, OWNERSHIP, PRODUCT OR OTHER CONTENT POSSESSED OR CONTROLLED BY THE PARTIES OF LEGENDS, AND YOU WILL NOT HAVE THE RIGHT TO PROHIBIT OR RESTRICT DEVELOPMENT, PRODUCTION, DISTRIBUTION, EXPOSURE OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE AND OTHER CONTENT THAT BELONGS TO THE PARTIES OF LEGENDS OR THAT YOU CONTROL.

 

BY ACCESSING THE SERVICE, YOU ACCEPT THAT YOU MAY BE WAIVING RIGHTS THAT ARE INCORPORATED UNDUE OR UNCONSCIOUSLY DEMANDED AT THAT TIME, AND, ACCORDING TO THAT WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND THAT, THEREFORE, YOU EXPRESSLY DISCLAIM THE BENEFITS OF THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH ESTABLISHES THE FOLLOWING: "A GENERAL DISPENSATION DOES NOT INCLUDE THE CLAIMS WHICH THE CREDITOR DISCUSSES OR DOES NOT SUSPECT THAT EXIST IN HIS FAVOR AT THE TIME OF THE EXECUTION OF THE RESIGNATION, WHICH, IF IT WAS KNOWN TO HIM, SHOULD HAVE MATERIALLY AFFECTED HIS RELATIONSHIP WITH THE DEBTOR”.

 

LEGENDS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES AND WE ARE ALREADY DISPENSE TO US, OUR DIRECTORS, EMPLOYEES AND AGENTS OF ANY DEMAND OR DAMAGE, KNOWN OR UNKNOWN, ARISING FROM OR IN ANY WAY WITH ANY CLAIM THAT YOU HAVE INTERPOSE AGAINST SUCH THIRD PARTIES.

 

Disclaimer

 

Both you and the third party for whom you execute an account or activity on the Service, agree to defend (at the request of Legends), indemnify and prevent the Legends Parties from suffering damages caused or arising from the demands, liabilities, losses and Expenses, including without limitation, attorneys' fees and reasonable costs, derived from any of the following assumptions or related to them in some way (including as a result of direct activities on the Service or those that you have performed on your own): (i) the Content of your property or the access or use you make of the Service; (ii) the breach or alleged breach by you of these Conditions of use; (iii) the infringement by you of the right of a third party, including without limitation the rights of intellectual property, publicity, confidentiality, property or privacy; (iv) your violation of any law, rule, regulation, code, statute, ordinance or request of any governmental or quasi-governmental authority, including without limitation all regulatory, administrative and legislative authorities, or (v) any false statement made for you You will cooperate to the extent that Legends so requires, in order to defend any claim. Legends reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification on your part and, under no circumstances, will you file any claim without the prior written consent of Legends.

 

Arbitration

 

Except in the event that you renounce or conflict with: (1) your intellectual property or that of Legends (such as trademarks, commercial image, domain names, trade secrets, copyrights and patents); (2) violation of the API Conditions; or (3) violation of provisions 13 or 15 of the Basic Conditions, above ("Conflicts excluded"), you agree that all conflicts you have with Legends (whether or not this conflict involves another party) with respect to your Relationship with Legends, including without limitation, conflicts related to these Terms of Use, your use of the Service and / or the rights of privacy and / or publicity, will be resolved through binding and individual arbitration governed by the rules of The American Arbitration Association in cases of arbitration of disputes related to the client and, hereby, both you and Legends expressly waive a jury trial. As an alternative method, you can file a lawsuit in a local court that deals with minor cases, if the rules of that court permit. You can only make demands in your name. Neither you nor Legends will participate in a collective arbitration related to the demands referred to in this agreement. You also agree not to participate in lawsuits filed as a private accusation (in the US, this is the figure of the "private attorney general") or representative, or consolidated claims involving the account of another person, if Legends It is one of the parts of this procedure. This disposition of conflict resolution will be governed by the Federal Arbitration Law. In the event that the American Arbitration Association is unwilling or unable to set a date for the hearing within a period of one hundred and sixty (160) days from the filing of the case, both Legends and yourself can opt to be Arbitration and Judicial Intermediation Services are charged with arbitration. The ruling that results from said arbitration can be presented in any court with competent jurisdiction. Notwithstanding any provision of applicable law, the arbitrator shall have no authority to repair the damages, grant reparations or indemnities that conflict with these Terms of Use.

 

You can renounce this arbitration agreement. In that case, neither you nor Legends can initiate you to participate in an arbitration procedure. To resign, you must notify Legends in writing within 30 days of the date on which this arbitration provision could be applied.

 

You must include your name and the address where you reside, the email address you use for the Legends account and clearly state that you wish to renounce this arbitration agreement.

 

If it is determined that the prohibition of collective and other lawsuits filed on behalf of third parties (mentioned above) can not be enforced, all the provisions of this section of Arbitration will be invalidated. This arbitration agreement will last after the termination of your relationship with Legends.

 

Limitation of time in claims

 

Aceptas que cualquier demanda que interpongas a raíz de una relación con Legends o en relación con esta debe presentarse en el plazo de un año a partir de que surja dicha demanda; de lo contrario, la demanda se prohibirá permanentemente.

 

 

You agree that any claim you file as a result of or in connection with a relationship with Legends must be filed within one year of the date on which said demand arises; otherwise, the claim will be permanently banned.

 

Current Legislation and jurisdiction

 

These Terms of Use WILL NOT BE SPECIFICALLY GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF APPLICABLE. In the case of any action according to law or equity related to the arbitration provision of these Terms of Use, of the Conflicts excluded or of the waiver by you of the arbitration agreement, you agree to resolve any conflict you have with Legends exclusively in one state or federal court of Santa Clara (California) and submit to the personal jurisdiction of the courts of Santa Clara County in order to resolve the litigation of such conflicts.

 

If any provision of these Terms of Use proves to be unlawful, void or unenforceable for any reason during the arbitration or by a court of competent jurisdiction, such provision may be excluded from these Terms of Use and will not affect the validity and compliance of the rest of the provisions. The inability of Legends to enforce or insist on strict compliance with any provision of these Terms of Use shall not be construed as a waiver of such provision or right. The waiver of any of these Terms of Use will not be considered an additional or continued waiver of said term or condition, nor of any other term or condition. Legends reserves the right to change this conflict resolution provision, but none of these changes will apply to conflicts that arise before the effective date of the modification. The disposition of resolution of conflicts will last after the termination of each and every one of the transactions that you make with Legends.

 

Complete agreement

 

If you use the Service on behalf of a legal entity, you state that you are authorized to sign an agreement on behalf of that legal entity. These Terms of Use constitute a complete agreement between you and Legends that governs your use of the Service, substituting any prior agreement between you and Legends. You will not assign the Terms of use or any right, nor will you delegate any obligation of this agreement, in whole or in part, either voluntarily or by law, without the prior written consent of Legends. Any claim of assignment or delegation on your part without the written consent of Legends will be declared invalid. Legends may assign these Terms of Use or any right hereby, without your consent. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or otherwise not applicable, the parties agree that such provision may be excluded from these Terms of Use and will not affect the validity and compliance with the other provisions, which will continue to have full validity and effect. Neither the pattern of conduct between the parties nor the business practice will influence the modification of the Conditions of use. These Terms of Use do not grant beneficiary rights to any third party.

 

Territorial restrictions

 

The information provided in the Service is not intended for distribution or use by a person or entity of any jurisdiction or country in which such distribution or use contravenes the law or regulations, or that subject Legends to any registration requirement within of said jurisdiction or country. We reserve the right to limit the availability of the Service or any part of the Service to any person, geographical area or jurisdiction, at any time and at our sole discretion, as well as to limit the quantities of any content, program, product, service or other feature. I provide Legends.

 

Software related to the Service or that is available through the Service will be subject to United States export controls. Accordingly, no Software of the Service can be downloaded, exported or re-exported: (a) in (or to a national or resident of) a country that is subject to a seizure of goods by the United States, or (b) to any person appearing on the SDN (Specially Designated Nationals) list of the US Department of the Treasury or on the list of denials of orders from the US Department of Commerce. By downloading any software related to the Service, you declare and guarantee that you are not in a country with these characteristics or that it appears on said lists, nor under your control, and that you are not a national or resident of one of these countries.

 

The date of entry into force of these Terms of Use is November 02, 2017. These Terms of Use have been drafted originally in Spanish. In the event that any translated version of these Terms of Use conflicts with the Spanish version, the Spanish version shall prevail.