Terms & Conditions – kentucky15.com
Terms of Site
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.kentucky15.com website (the “Site”) operated by Big Blue Legacy, LLC., (“us”, “we”, or “our”). Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Site.
“Goods” shall mean products sold or offered for sale on the Site.
“Intellectual Property” shall mean any patent, copyright, trademark, trade name, service mark, service name, brand mark, brand name, logo, corporate name, Internet domain name or industrial design, any registrations thereof and pending applications therefor (to the extent applicable), any other intellectual property right (including, without limitation, any know-how, trade secret, trade right, formula, conditional or proprietary report or information, customer or membership list, any marketing data, and any computer program, software, database or data right), and license or other contract.
“Name Image and Likeness” shall mean independent or collectively identifiable aspects of a person that make them unique, including but not limited to, their name, image, likeness, nickname, signature, social media account, any symbol, name, or design.
“Seller” shall mean the entity providing Products or performing Services under the Contract.
The Site and its original content, features and functionality are and will remain the exclusive property of Big Blue Legacy, LLC., and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Big Blue Legacy, LLC.
You acknowledge that all Agreements, Contracts, Processes, and Operations are property of Big Blue Legacy, LLC., and you shall not, nor permit any party to, distribute, publish, copy, or transmit any document or agreement without first obtaining written notice from Big Blue Legacy, LLC.
Links to Other Websites
Our Site may contain links to third party web sites or services that are not owned or controlled by Big Blue Legacy, LLC. Big Blue Legacy, LLC., has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Big Blue Legacy, LLC., shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Warranties and Disclaimer of Warranties
We warrant Goods sold are be free from material defects in material and workmanship, except: (a) when Goods have been modified following delivery and/or subject to improper handling, storage, installation, operation, or maintenance; (b) when an item is purchased by Big Blue Legacy as a component part of the Goods, except to the extent to which such item or items are covered by the warranty, if any, of the original manufacturer; (c) when an item which is a component part of the Goods has been furnished by Buyer; (d) no Warranty of a component part shall extend beyond the warranty period of the device in which such component part is incorporated.
HERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THERE ARE NO WARRANTIES OF ANY NATURE EXCEPT THOSE SET FORTH IN THE PARAGRAPH ABOVE . Any claim by Buyer made pursuant to Big Blue Legacy’s Warranty must be made in writing. Big Blue Legacy shall have the right to inspect the Goods claimed to be defective and shall have the right to determine the cause of such alleged defect.
User Submissions and Interactive Areas
Our Site may provide interactive activities such as article and blog comment posting areas, reader photo upload, reader ratings and reviews, saving favorite restaurants or fashion looks, bulletin boards (also known as message boards), SMS text messaging and mobile alerts (collectively, “Interactive Areas”) for the enjoyment of our visitors. You must be thirteen (13) years of age or older to participate in the Sites’ Interactive Areas. General members of the Sites’ online communities may have the opportunity to register for participation in the Interactive Areas when they first apply for membership and may be required to select a member name and password for the Interactive Areas. Interactive Areas not conducted, operated and/or managed by the Sites may require a different registration process.
Any User Submissions or postings by visitors to certain parts of the Sites, including, without limitation, Interactive Areas, will be public and posted in public areas on our Sites. The Sites, their parents, partners, affiliates, subsidiaries, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Sites’ Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded, or transmitted in these Interactive Areas.
We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit for display or distribution to others through the Sites, including any such materials that you submit through Interactive Areas (collectively, “User Submissions”). As between you and us, you own all rights to your User Submissions. However, you grant (and confirm and promise to us that you have the right to grant) to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free and fully-paid, license (sublicensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Notice. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attributions with respect to your User Submissions. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Sites. In consideration for us granting you access and use of the Sites, you agree that we may place such advertisements throughout our Sites. We do not pre-screen all User Submissions, and you agree that you are solely responsible for all of your User Submissions. By participating in any of the aforementioned activities, all visitors and members agree to follow the Sites’ standards of conduct. Postings to public areas may or may not be reviewed by the Sites prior to appearing on the Sites. Nonetheless, the Sites reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Sites. The Sites will also cooperate with local, state and/or federal authorities to comply with applicable law.
We are not required to backup, host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). Your User Submissions must not violate our policies. You may not represent or imply to others that your User Submissions are in any way provided, sponsored, or endorsed by us. Please consider the risks of revealing personal information (such as name, phone number or street address) about yourself or others in Interactive Areas, including when connecting to the Sites through a third-party service. You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Site, such as your home address or the home address of others.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Sites that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this section 2 will survive the termination of these Terms.
All content and materials provided on the Sites are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. The content is provided “as is,” and your use or reliance on such materials are solely at your own risk.
Our Sites contains facts, views, opinions, and statements of third parties, visitors, and other organizations. The Sites, their parents, affiliates, and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through our Sites. You acknowledge that any reliance upon any such advice, opinions, statement, or other information shall be at your sole risk, and you agree that the Sites, their parents, affiliates, and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Sites.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, email, transmit, upload, or otherwise make available through our Sites. You agree not to use the Interactive Areas or the Sites to make available any content that:
is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; infringes any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any person; contains unauthorized advertising or solicits other visitors; or is intended by the visitor to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on this website. The Sites may allow you to post reviews of events, movies, restaurants, and other businesses (“Reviews”). Such Reviews are governed by the terms of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas. Reviews do not reflect the views of the Sites, their parents, affiliates or subsidiaries, operational providers, or their respective employees, officers, directors, or shareholders. The Sites do not assume responsibility or liability for any Reviews or for any claims, damages or losses resulting from the use of this service or the Materials contained therein. Reviews that are submitted to the Sites shall be owned exclusively and in perpetuity by the Sites. Such exclusive ownership means that the Sites, their parents, subsidiaries, or affiliates have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, distribute, or otherwise exploit any and all materials and communications. There shall be no obligation to give credit or pay any consideration to you for any Reviews. The Sites reserve the right to delete or modify any review that we determine to violate the terms of this Agreement or general standards of good taste at any time and at our sole discretion. We strive to maintain a high level of integrity with our user-submitted Reviews, and any submission that is determined to be disingenuous in any way, and could diminish the overall quality of our Reviews, will be removed.
The Sites may allow a visitor to post photograph(s) on-line (“Photo”). The submission of a Photo is governed by the terms of this Agreement, including without limitation, your agreement regarding your use of Interactive Areas. In submitting a Photo and clicking the “I agree” box on the submission form, you represent and warrant that: (1) you are the person in the Photo or are the owner of the Photo and consent to the Uses of the Photo by the Sites; (2) you are thirteen (13) years of age or over; (3) you have submitted the Photo using your legal name and accurate personal information and consent to the Uses; (4) you are either the holder of the copyright in the Photo or are an authorized licensee of the copyright in the Photo and grant to the Sites, their licensees, successors and assigns, the right to publish and display the Photo in connection with the Uses; and (5) you have the legal right and power to agree to the use of Photo and grant the Sites the right to use the Photo. In addition, you expressly release the Sites and their licensees, successors and assigns from any privacy, defamation, and any other claims you may have for the use of any Photo submitted to the Sites. If you see an objectionable Photo or have any questions about this Agreement, please contact us.
The Sites strive to make their Interactive Areas enjoyable. Our chat venues welcome people of all races, religions, genders, national origins, sexual orientations, and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor’s registration and access to the Sites, at the Sites’ sole discretion, in addition to any other remedies. The Sites may provide interactive activities on a number of topics, but our staff or volunteer hosts participating in these activities do not offer professional advice of any kind and are speaking from their own experience or opinion as is helpful for the facilitation of the dialogue. These hosts claim no professional expertise or authority. We may also post additional guidelines and/or a code of conduct for certain Interactive Areas or events. Any additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules of a specific event and this Agreement, the rules of the specific event will govern. If you see objectionable content or have any questions about this Agreement, please contact us.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
We use the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Big Blue Legacy account.
Any purchasing, paying, or processing of payment is conducted through Stripe. You are, therefore, agreeing to be bound by Stripe’s Terms of Service.
You expressly understand and agree that Big Blue Legacy shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Big Blue Legacy shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Big Blue Legacy is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is Your responsibility to verify that the transaction was successfully processed.
You understand that Big Blue Legacy uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Big Blue Legacy liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your Big Blue Legacy account, or Your business.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or Your Big Blue Legacy account.
Cancellation or Returns
Buyer may cancel its order only with the prior written consent of Big Blue Legacy, which Big Blue Legacy may withhold in its sole discretion. All cancellations will be subject to payment to the Seller of reasonable and proper cancellation charges. Buyer may return Products only at its sole cost and only with the prior written authorization of Seller, subject to a restocking fee as agreed by the parties. No returns of special, custom, or made-to-order Products will be permitted. No returns will be permitted more than sixty (60) days after delivery.
We may terminate or suspend your access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify, and hold harmless Big Blue Legacy, LLC., and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from, or arising out of a) your use and access of the Site, or b) a breach of these Terms.
Limitation of Liability
In no event shall Big Blue Legacy, LLC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Big Blue Legacy, LLC., its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Kentucky, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30)days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
If you have any questions about these Terms, please contact us here @ https://www.kentucky15.com