Terms And Conditions Of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Legend Films offers this web site located at http://www.ShirleyTemple.com/ (the "Site"), to you, the user, conditioned upon your acceptance of the following terms, conditions, policies and notices ("Terms and Conditions"). By using the Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Legend Films may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Site as they are binding upon you.
You must be at least 18 years of age to use the Site. You may access and use the Site for personal, non-commercial purposes only. As a condition to your continued use of the Site, you warrant to Legend Films that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Legend Films reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years of age, you may only use the Site with a parent or guardian.
All products purchased through the Site are shipped and billed directly by their respective manufacturers, distributors, or aggregate partners (collectively, "Suppliers"). As such, delivery times will vary. Available information regarding estimated delivery schedules, delivery options, and payment terms as provided by the Supplier are clearly posted on each product page. Orders are typically shipped standard ground.
Since products are shipped and billed directly by Suppliers, your Legend Films receipt will indicate where your products will ship from and an estimated delivery schedule. Please note that your credit card statement may reflect a charge from the Supplier, not Legend Films. As a reminder, each invoice will clearly indicate how much you were charged and by whom.
Product Support and Returns
If you have difficulties with your order, please contact customer service at firstname.lastname@example.org. All products sold on ShirleyTemple.com are subject to a 30-day money back guarantee.
Your security and buying confidence is one of our highest considerations. Although no company can provide absolute security on the Internet, Legend Films' Site utilizes a 128-bit SuperCert provided by Thawte, Inc. ThawteTM is an international subsidiary of VeriSign, Inc., providing a strong level of security for both US and Non-US electronic transactions. In addition the Site incorporates digital certificates, online authentication and the latest 128-bit encryption technology. At Legend Films we are committed to making your shopping experience both safe and pleasurable.
Legend Films may provide chat rooms, message boards and other community forums ("Community Forums") on the Site. If you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. Legend Films does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the Legend Films Site. Legend Films does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
Disclaimer of Warranties
Neither Legend Films nor its employees, agents, Suppliers, third party information providers, merchants, licensors or the like warrant that the Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, Legend Films is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of Legend Films. Legend Films reserves the right to change or discontinue at any time any aspect or feature of the Site.
Legend Films does not assume any liability for the contents of any material provided on the Site. Reliance on any information presented on the Site is at your own risk. Legend Films reserves the right to change or discontinue any aspect or feature of the Site at any time.
You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Legend Films. Accordingly, Legend Films assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE PRODUCTS AVAILABLE ON THE SITE AND THE ACCURACY OF THE INFORMATION CONTAINED WITHIN YOUR ACCOUNT OR WITHIN THE SITE. LEGEND FILMS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR LEGEND FILMS SERVICES.
Limitation of Liability
IN NO EVENT SHALL LEGEND FILMS OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE LEGEND FILMS SITE OR THE CONTENT OF THE SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEGEND FILMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LEGEND FILMS SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
You agree to defend, indemnify and hold Legend Films, its officers, directors, employees and agents, licensors and Suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms and Conditions. Legend Films shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
The Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Legend Films of the sites, but is for your reference and convenience only. Legend Films has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to Legend Films. Nor does Legend Films recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
The Site also contains advertisements by third parties. Unless otherwise specifically stated on the Site, Legend Films does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the home page of the Site, provided that the hyperlink accurately describes the content as it appears on the Site. Legend Films reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within Legend Films.
Legend Films retains full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code, Java applets, Active X controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Site.
You may, however make single copies of materials displayed on the Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Legend Films or the copyright owner of the copied material.
None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Legend Films.
All content of Legend Films is Copyright © 2005 Legend Films, Inc. All rights reserved.
Legend FilmsTM, the Legend Films logo, and other Legend Films trademarks, service marks, logos, or slogans used on the Site (the "Legend Films Marks") are trademarks or registered trademarks of Legend Films. You may not use the Legend Films Marks without written authorization from Legend Films. By using the Site, you acknowledge that the Legend Films Marks are valid trademarks. Third party trademarks used on the Site are the property of their respective owners.
Shirley TempleTM, the Shirley Temple logo, and other Shirley Temple trademarks, service marks, logos, or slogans used on the Site (the "Shirley Temple Marks") are trademarks or registered trademarks of Shirley Temple Black. You may not use the Shirley Temple Marks without written authorization from Shirley Temple Black. By using the Site, you acknowledge that the Shirley Temple Marks are valid trademarks. Third party trademarks used on the Site are the property of their respective owners.
You agree that Legend Films may terminate your use of the Site, if Legend Films reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of Legend Films or any third party, or for any reason with or without notice to you. You agree that Legend Films may modify or discontinue the Site, with or without notice to you. You agree that Legend Films will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," "Trademarks," and "General Provisions" will survive termination of this agreement.
You expressly agree that exclusive jurisdiction for any dispute with Legend Films, Inc., or in any way relating to your use of the Site ("Legal Action"), resides in the courts of San Diego County, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Southern District of California. These Terms and Conditions are governed by the internal substantive laws of the State of California, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Legend Films must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Legend Films may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on Legend Films, or by written communication delivered by first class U.S. mail to your address on record in Legend Films' account information. You may give notice to Legend Films at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: 5075 Shoreham Place, Suite 120, San Diego, CA 92122.