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Official Terms & Conditions

Welcome to Liberty Promotions, Inc.’s Liberty Legion™ (“The Legion” or “Legion”) and related services (“Services”) at LibertyPromotions.com. Liberty Promotions, Inc. (“we” or “us”) provides membership in The Legion to you subject to this Liberty Legion™ Membership Agreement (“Membership Agreement”) and the Terms and Conditions (“Site Agreement”) of our site. If there is a conflict between the provisions of the Site Agreement and this Membership Agreement, the terms of this Membership Agreement will prevail. On any area where this Agreement is silent, the terms of the Site Agreement will prevail. You should read the terms of the Site Agreement as well as this Membership Agreement before confirming your Legion membership.

It's critical that you read this Membership Agreement in its entirety before agreeing to its terms or buying any Legion products. It contains important information that addresses prohibited conduct. It outlines obligations that you agree to assume each time you participate in the Legion. It also specifies certain rights that we reserve. Once you have confirmed your membership, this Membership Agreement becomes a legally binding document.

Once you read this entire Membership Agreement, if you agree to all of its terms, then click the “I accept” check box where indicated. After you “accept” the Membership Agreement, you may proceed with your purchase of Legion “goodies”. You'll be bound by both the Site Agreement and this Membership Agreement whenever you participate in the Legion in any way, including but not limited to purchasing exclusive Legion products. It's your responsibility to read this Membership Agreement and keep apprised of any changes to it. We may update or modify this Membership Agreement at our sole discretion from time to time without prior notice to you. The updates and modifications may appear in connection with a change in Legion features. The updates and modifications will be binding on you from the time that we post them. We encourage you to review the most current version of this Membership Agreement on our site on a regular basis. Any updates or modifications that we make to this Membership Agreement will be binding on you even if you choose not to read them. If you don't accept the Site Agreement or this Membership Agreement, then you will not be able to purchase any Legion products.

1. The Liberty Legion™

The Legion includes several features, offers, products, and discounts, and they may vary from time to time at our sole discretion. To learn more about the Legion and its features, please see our Liberty Legion Membership Summary, which is incorporated herein by this reference and is a material part of this Membership Agreement. Unless we expressly tell you otherwise, all new features, offers, products, and discounts, that we provide to modify, supplement, or improve the Legion will be subject to this Membership Agreement and any other terms and conditions that we may announce. Legion benefits vary from time to time, and benefits offered at a prior time may not be provided at later times. You must obtain and maintain at your sole cost all other services and items for you to use and enjoy the Service and the Legion, including, without limitation, access to the World Wide Web.

Membership in the Legion is offered worldwide (except as provided below) to persons who are at least 18 years old on or before the date that he or she registers for the Legion. You also must have a valid American Express, Visa, Mastercard, or Discover credit or debit card at the time you sign up for the LEGION. If you are a resident of Cuba, Iran, North Korea or Sudan (“Prohibited Countries”), you are ineligible and may not become a member of the Legion. The countries included as Prohibited Countries may be modified by Liberty Promotions, Inc. in its sole discretion. By joining the Legion, you represent and warrant that you meet all eligibility requirements.

2. Membership Approval

The Legion is designed to offer membership to actual collectors (“Collectors”) of our miniature die-cast automotive products. “Collectors” means individuals who are enthusiasts for these products and are primarily interested in keeping these products for their own personal use and not in reselling the products. Membership will be granted to people who Liberty Promotions, Inc., in its sole discretion, determines meet this criterion.

3. Membership Address and Shipping

Either the billing address or shipping address that you include in your Legion registration MUST be your home address, i.e. place of primary residence, or official postal address associated with your home address, and may be anywhere in the world except the Prohibited Countries. You are responsible for any applicable taxes and duties on all items and services purchased by you. We are not responsible for lost items being shipped to countries other than the U.S.A. and Canada.

4. Membership Limitation

Membership is limited to one per person and not more than one per household. You are prohibited from becoming a member under more than one name or at more than one address. If we determine or suspect, in our sole discretion, that you have exceeded these limitations, we may, among other things, terminate your membership. Your membership is personal to you and your spouse (if applicable), and you may not sell, give, or otherwise transfer your membership to anyone else.

5. Membership Duration

Your membership in the LEGION commences on the day that you complete the LEGION confirmation process by accepting the terms of this agreement. Membership may, however, require renewal from time to time at our sole discretion. Membership will continue unless it is not renewed when required by us, or terminated earlier by us per this Membership Agreement.

6. Account Information

You must provide us with accurate, complete, and updated information (the “Account Information”) on our online “Account Details” page. If you provide us with any Account Information or other information that isn't truthful, complete, or up-to-date, or if we have grounds to suspect that any of it isn't truthful, complete, or up-to-date, then we may suspend or terminate your account. You may not: (a) select a username or email address of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other party without their authorization; or (c) use a username or email address that Liberty Promotions, Inc., in its sole discretion, deems inappropriate, vulgar, or offensive.

7. Fees and Payments

Membership does not require any initial fees or renewal fees at this time. Should any fees for renewal, or otherwise, be required in the future, you will be duly notified and not charged until and unless you agree to such fee(s). We will bill all other charges associated with your account to any credit or debit card you have entered into our system. You warrant that your use of the particular credit or debit card is authorized and legally permitted and that all information that you submit is true and accurate (including, without limitation, your credit card number, expiration date, and billing address). You are responsible for all fees and other charges that you may incur in connection with your use of the Legion.

8. Username and Password; Liability for Activities

You are responsible for maintaining the confidentiality of your username and password and are solely responsible for all activities (including purchases) that occur under your username and password. You agree to: (a) immediately notify us of any known or suspected unauthorized use of your membership account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password, and (b) ensure that you exit (log out) from the Legion at the end of each session. We reserve the right to refuse membership to the Legion to you or any third party.

9. Prohibited Use of Legion Content

Any unauthorized copying duplication or distribution of any content appearing in or in connection with the Legion, whether originating from us or any third party (“Legion Content”), including, without limitation, content that is modified, merged, or included with Legion Content, is expressly prohibited. You agree not to, in whole or in part, copy, duplicate, create derivative works based on, modify, sell, distribute, lease, loan, rent, repost, grant a security interest in, reverse engineer, or otherwise use the Legion Content; any attempt to do so may result in, among other things, the immediate termination of your membership, without refund, reimbursement, or credit of your Membership Fees.

10. Prohibition Against Advanced Selling Liberty Legion™ Products

Advanced selling (defined below) a Liberty Legion™ item (i.e. an item that Liberty Promotions, Inc. sells), including items that may be obtained with or without Liberty Promotions, Inc.'s permission, is expressly prohibited. “Advanced selling” means listing or advertising a Liberty Promotions, Inc. exclusive item prior to the date that Liberty Promotions, Inc. charges your credit card for the item. You agree not to participate in any way in such an activity; any attempt to do so may result in, among other things, the immediate termination of your membership, without refund, reimbursement, or credit of your Membership Fees.

11. Release and Indemnity

You agree to release, indemnify, and hold us and our affiliates harmless from all liabilities, losses, damages, costs, and expenses (including attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your membership in the Legion, your use of the Services, and/or your violation of this Membership Agreement.

12. Absolute Right to Suspend or Terminate Your Membership in the LEGION

You may terminate this Membership Agreement and your right to use the LEGION and its features at any time by contacting us by telephone or via the contact form at wwww.libertypromotions.com. You agree that we, in our sole discretion, may suspend or terminate your username, password, membership (or any part thereof) in the LEGION, and your use of any or all of the features of the LEGION, if we believe in our sole discretion that you have violated this Membership Agreement or the Site Agreement, all without notice or liability to you or anyone else. You agree that any termination of your access to the LEGION under any provision of this Membership Agreement may be effected without prior notice. You also agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the LEGION. Further, you agree that we will not be liable to you or any third party for any termination of your access to the LEGION. Any fraudulent, abusive, or otherwise illegal activity (including without limitation, inclusion or placement on any denied parties, specially designated nationals, blocked persons, or restricted parties list provided by any U.S. or foreign governmental entity or agency) may be grounds for termination of your membership, at our sole discretion, and you may be reported to appropriate law-enforcement agencies. If Liberty Promotions, Inc. terminates your membership for any reason, you will not be entitled to a refund, reimbursement, or credit of any Membership Fees.

13. Absolute Right to Remove or Discard User Content

All information, data, text, software, music, sound, photographs, graphics, video, messages, statements, opinions, and other information or materials that you find at the LEGION and that does not originate directly from Liberty Promotions, Inc., whether publicly posted or privately transmitted, is referred to as the “User Content.” We may, in our sole discretion and at any time, remove any User Content within the LEGION, or any part thereof, with or without notice and without any obligation to you.

14. Absolute Right to Terminate the LEGION, LEGION Features, and LEGION Content

We may, in our sole discretion, decide to not offer the LEGION after December 31 of the year that you became a member or to renew your membership. We may also, in our sole discretion and at any time, remove any LEGION feature or item of LEGION Content, or any part thereof, with or without notice and without any obligation to you, including a refund, reimbursement, or credit of any Membership Fees.

15. Liberty Promotions, Inc.'s Proprietary Rights

You acknowledge and agree that LIBERTY PROMOTIONS, INC. site (including the LEGION) and any necessary software used in connection with the LIBERTY PROMOTIONS, INC. site or the LEGION (“Software”), which is a part of the LEGION Content, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the LEGION or advertisers, which is also a part of the LEGION Content, is protected by intellectual property and other laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based in whole or in part on the LEGION Content. Liberty Promotions, Inc. grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not, and do not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the LEGION. You agree not to access the LEGION by any means other than through the interface that is provided by Liberty Promotions, Inc. for use in accessing the LEGION. If you do not comply with this provision, Liberty Promotions, Inc. reserves the right to terminate your membership in the LEGION without refund, reimbursement, or credit of any Membership Fees.

16. Limitation of Liability to Amount Paid by You

WE WON'T AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE OR INABILITY TO USE THE SERVICE INCLUDING, WITHOUT LIMITATION, SERVICE DISRUPTION ARISING FROM TECHNICAL OR ANY OTHER CAUSE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT ON THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY LIBERTY PROMOTIONS, INC.); OR (E) ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTIES. IF WE ARE ADJUDGED TO BE LIABLE BY A COURT OF COMPETENT JURISDICTION TO YOU FOR ANY REASON WHATSOEVER, YOU AGREE AND UNDERSTAND THAT YOU MAY NOT RECOVER DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES THAT YOU ACTUALLY PAID TO US DURING THE YEAR IN WHICH THE EVENT OCCURRED THAT GAVE RISE TO OUR LIABILITY. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SERVICE TO YOU.

17. Exclusions to Limitations

SOME JURISDICTIONS DON'T ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTION 16 ABOVE MAY NOT APPLY TO YOU.

18. International Members

a. Possible limits on benefits.
If you join and/or access the LEGION from a location outside the United States or Canada, you may not enjoy all or portions of the benefits of the LEGION. Those who choose to join or to access the LEGION from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the LEGION and/or the Service or any portion thereof to any person, geographic area, or jurisdiction we desire, at any time and in our sole discretion.

b. Privacy.
We remind international visitors that this site and the servers that make this site available are located in the United States and personal data you submit to us may be further transferred by us outside the U.S. or your country of residence. Most countries, including the United States, have not formally been determined to operate under specific laws deemed “adequate” by the European Union (EU) for the transfer of personal data. Liberty Promotions, Inc., however, respects your privacy, and will handle your personal data in accordance with our Privacy Policy. Please review our Privacy Policy. By accepting this Membership Agreement, you specifically acknowledge and consent to the collection, processing, transfer and use of your personal data as indicated in this Membership Agreement, and our Privacy Policy. To update your contact information and preferences on how we contact you, or access the personal information we hold about you, e-mail us using our website contact form at LibertyPromotions.com.

c. Your obligations.
The Internet spans the world. Because of this, you must comply with all applicable local laws, rules, and regulations, whether those of other countries or of the individual states within the United States, regarding online conduct, acceptable Content, and your use of the Service. In addition, you must comply with all applicable laws and regulations regarding the transmission of technical data exported from the United States or the country from which you use the Service, including, without limitation, any and all restrictions on encryption technology.

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