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Organic Legion Terms of Service Agreement

Last Revision: April 02, 2010

This Agreement includes Organic Legion's policy for acceptable use of the Organic Legion Services and Content posted on the Organic Legion Website, your rights, obligations and restrictions regarding your use of the Organic Legion Services and Organic Legion's Privacy Policy. Organic Legion  is a socially enabled website community hosted by the Spruz Social Website Platform. The services offered by Organic Legion  include your access to the Organic Legion website, and any other features, content, or applications offered from time to time by Organic Legion .

Terms of Service

This Terms of Service Agreement ("Agreement") is a legally binding agreement between site users and the company for your use of  Organic Legion Services. By using the Organic Legion Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Organic Legion Website) or you are a "Member" (which means that you have registered with Organic Legion). You are only authorized to use the Organic Legion Services if you agree to abide by all applicable laws both federal and of the State of Tennessee and to this Agreement. If you do not agree with it, you should leave the Organic Legion Website and discontinue use of the Organic Legion Services immediately. If you register for full use of this site, you must read this Agreement and you have indicated your acceptance during the Registration process.

Organic Legion may modify this Agreement from time to time and any change in this agreement shall be effective upon posting on the Organic Legion Website without prior notice. You agree to be bound to any changes to this Agreement when you use the Organic Legion  website after any modification is posted. You are required to check this agreement regularly to ensure you are updated as to any changes.

Special Personal Profile Restrictions

Please choose carefully the information you post on Organic Legion and that you provide to other Users. Your Organic Legion  may not post publicly the following items to your personal page unless it is required by a design component of the Organic Legion website: telephone numbers, street addresses, last names, and any photographs excessively violent, harassing, containing nudity, or obscene, lewd, sexually explicit or otherwise inappropriate subject matter. Despite this prohibition, information provided by other Organic Legion Members (for instance, in their Profile) may contain inaccurate, inappropriate, products or services, offensive or sexually explicit material,  and Organic Legion assumes no responsibility or liability for this material. If you become aware of misuse of the Organic Legion Services by any person, please contact Organic Legion or click on the "The Report User" link located on every profile page.

Organic Legion reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Organic Legion Services at any time, for any reason, without prior notice, and without liability.

1. Eligibility. Use of and Membership in the Organic Legion Services is void where prohibited. By using the Organic Legion Services, you represent and warrant that;
   1. All registration information you submit is truthful and accurate.
   2. You will maintain the accuracy of such information.
   3. You are 13 years of age or older; born on or before 7/22/1997.
   4. Your use of the Organic Legion Services does not violate any applicable federal or state law and/or regulation.
   5. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Organic Legion Services or are a member. Organic Legion may terminate your membership or site access at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-15.
3. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Organic Legion Services. Organic Legion reserves the right to investigate and take appropriate legal action against anyone submitting, posting, linking or in any way displays prohibited content on Organic Legion Services.

   Restricted/Prohibited Content:

   1. Harasses or advocates harassment of another person;
   2. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. provides any telephone numbers, street addresses, last names, or email addresses;
   7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
   13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   14. includes a photograph of another person that you have posted without that person's consent; or
   15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic a profile or website.

   The following is a partial list of the kind of activity that is illegal or prohibited on the Organic Legion Website and through your use of the Organic Legion Services. Organic Legion reserves the right to investigate and take appropriate legal action against anyone who, in Organic Legion's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

   1. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Organic Legion Services without the purchase of Organic Legion upgraded services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Organic Legion Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Organic Legion reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Organic Legion deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Organic Legion Services, you acknowledge that you will have caused substantial harm to Organic Legion, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Organic Legion $50 for each such unsolicited email or other unsolicited communication you send through the Organic Legion Services;
   3. covering or obscuring the banner advertisements on your personal profile page, your Organic Legion powered website or any Organic Legion page via HTML/CSS or any other means;
   4. any automated use of the system, such as using scripts to post comments or messages;
   5. attempting to impersonate another Member or person;
   6. interfering with, disrupting, or creating an undue burden on the Organic Legion Services or the networks or services connected to the Organic Legion Services;
   7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
   8. using any information obtained from the Organic Legion Services in order to harass, abuse, or harm another person;
   9. displaying an advertisement on your profile or non-upgraded website; or
   10. using the Organic Legion Services in a manner inconsistent with any and all applicable laws and regulations.
4. Password. When you create your account, you will  be asked to choose a password. Your password is designed for only you to know. You agree not to use the account, username, or password of another registered member at any time. You agree to notify Organic Legion immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account.
5. Commercial use. Organic Legion Services are for the registered members only and may not be used in connection with any commercial endeavors except those that are specifically approved or provided by Organic Legion
6. Proprietary Rights in Content on Organic Legion.
   1. Organic Legion does not have any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials  that is submitted, uploaded or posted by any member, user or visitor of Organic Legion Services. After posting you continue to maintain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Organic Legion Services, you hereby grant to Organic Legion a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the Organic Legion Services.
   2. You represent and warrant that: (i) you own the content sent by you on or through the Organic Legion Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Organic Legion Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other money owing any person by reason of any Content posted by you to or through the Organic Legion Services.
   3. The Organic Legion Services contain Content of Organic Legion ("Organic Legion Content"). Organic Legion Content is protected by copyright, trademark, patent, trade secret and other laws, and Organic Legion owns and retains all rights in the Organic Legion Content and the Organic Legion Services. Organic Legion hereby grants you a limited, revocable, license to reproduce and display the Organic Legion Content (excluding any software code) solely for your personal use in connection with viewing the Organic Legion Website and using the Organic Legion Services.
   4. The Organic Legion Services contain Content of Users and other Organic Legion licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Organic Legion Services.
7. Content Posted.
   1. Organic Legion may delete any Content that in the sole judgment of Organic Legion violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Spruz Inc. assumes no responsibility for monitoring the Organic Legion Services for inappropriate Content or conduct.
   2. You are solely responsible for the Content that you post to or on any of the Organic Legion Services. Organic Legion does not endorse and has no control over the Content. Content is not necessarily reviewed by Organic Legion prior to posting and does not necessarily reflect the opinions or policies of Organic Legion. Organic Legion makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Organic Legion, members or posted Organic Legion hosted sites without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Organic Legion to terminate access privileges of any one who repeatedly infringes the copyright rights of others upon receipt of proper notification to Organic Legion by the copyright owner or the copyright owner's legal agent.
9. Member Disputes. You are solely responsible for your interactions with other Organic Legion Members. Organic Legion reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Privacy. Use of the Organic Legion Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
11. Email Notices. All site owners that create websites automatically opt-in for all email notices that directly reference your created websites. These emails may contain updates, information, promotions, etc. that directly pertain to your created website. If you want to opt-out of our email notices you can remove your website by going to your Website Account page and clicking on delete.
12. Disclaimers. Organic Legion is not responsible for any incorrect or inaccurate Content posted on the Organic Legion Website or in connection with the Organic Legion Services, whether caused by Users of the Organic Legion Services or by any of the equipment or programming associated with or utilized in the Organic Legion Services. Profiles created and posted by Members on the Organic Legion Website may contain links to other websites. Organic Legion is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Organic Legion. Inclusion of any linked website on the Organic Legion Services does not imply approval or endorsement of the linked website by Organic Legion. When you access these third-party sites, you do so at your own risk. Organic Legion takes no responsibility for third party advertisements which are posted on this Organic Legion Website or through the Organic Legion Services, nor does it take any responsibility for the goods or services provided by its advertisers. Organic Legion is not responsible for the conduct, whether online or offline, of any User of the Organic Legion Services. Organic Legion assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Organic Legion is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Organic Legion Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Organic Legion Services. Under no circumstances shall Organic Legion be responsible for any loss or damage, including personal injury or death, resulting from use of the Organic Legion Services, attendance at a Organic Legion event, from any Content posted on or through the Organic Legion Services, or from the conduct of any Users of the Organic Legion Services, whether online or offline. The Organic Legion Services are provided "AS-IS" and as available and Organic Legion expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Organic Legion cannot guarantee and does not promise any specific results from use of the Organic Legion Services.
13. Disputes. If there is any dispute about or involving the Organic Legion Services, you agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Tennessee, City of Knoxville.
14. Copyright infringement. If you believe that your work has been copied and posted on the Organic Legion  Website in a way that constitutes copyright infringement, please provide the Copyright Agent of the Spruz Social Website Platform with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Organic Legion Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Organic Legion's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Organic Legion, Inc., 319 Blue Peacock Way, Seymour, TN 37865; Facsimile: (865) 609-2698; Attn: Copyright Agent; and email: copyright@spruz.com.
15. Limitation on Liability. IN NO EVENT SHALL Organic Legion  OR SPRUZ INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Organic Legion HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Organic Legion'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Organic Legion FOR THE Organic Legion SERVICES DURING THE TERM OF MEMBERSHIP.
16. Indemnity. You agree to indemnify and hold Spruz Inc, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Organic Legion Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Organic Legion Website or through the Organic Legion Services causes Organic Legion to be liable to another.
17. Other. This Agreement is accepted upon your use of the Organic Legion Website or any of the Organic Legion Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Organic Legion regarding the use of the Organic Legion Services. The failure of Organic Legion to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Organic Legion is a trademark of Organic Legion, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: info@organiclegion.org with any questions regarding this Agreement.

BY READING THIS AGREEMENT OR REGISTERING A MEMBER ACCOUNT YOU AUTOMATICALLY ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS HEREIN.