Terms Of Service

January, 2007

Conditions of Use

Times of Legend and Lore and its affiliates provide their services to you subject to the following Terms of Service which may be updated from time to time without notice to you. If you visit this Web site (the "Site"), you accept these conditions and those of our Privacy Policy. Please read them carefully. In addition, when you use any current or future Times of Legend and Lore service, you also will be subject to the guidelines and conditions applicable to such service or business. If you do not agree with any of these terms, please exit this Site. Times of Legend and Lore owns all right, title and interest in this Site and reserves the right to terminate Membership or deny access to the Site to any person who violates these Terms of Service.

Intellectual Property

All software, design, structure, layout, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and any other copyrightable material that is contained on this Site, including the selection, coordination and arrangement thereof, along with all trademarks, service marks and trade names (the "Material") on this Site, is owned by Times of Legend and Lore and its affiliated companies, licensors and suppliers and are protected, without limitation, by U.S. and foreign copyright, trademark and other applicable laws. You may use the Material online only, and solely for your personal, non-commercial use. If you operate a Web site and wish to link to this Site, you may do so provided you agree to cease such link upon request from Times of Legend and Lore. No other use is permitted without prior written permission of Times of Legend and Lore. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.

You may not, for example, republish any portion of the Material on any Internet, Intranet or extranet site or incorporate the Material in any database, compilation, archive or cache. You may not distribute any Material to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Material. You may not scrape or otherwise copy our Material without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through this Site, not to insert any code or product or manipulate the content of this Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. The foregoing prohibition includes, but is not limited to, the practice of embedding the Site pages in "frames" running from other sites, and "mirroring" content from the Site on a server other than that operated by Times of Legend and Lore. Any unauthorized or prohibited use or use in violation of these Terms of Service may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Trademarks not owned by Times of Legend and Lore that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Times of Legend and Lore.

Your Account

If you have registered with Times of Legend and Lore, 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.

Times of Legend and Lore and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Links

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Because Times of Legend and Lore has no control over such sites and resources, you acknowledge and agree that Times of Legend and Lore is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Times of Legend and Lore 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 site or resource.

Communication

If you post content or submit material, and unless we indicate otherwise, you grant Times of Legend and Lore and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Times of Legend and Lore and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this site's policies and will not cause injury to any person or entity; and that you will indemnify Times of Legend and Lore or its affiliates for all claims resulting from content you supply. Times of Legend and Lore has the right but not the obligation to monitor and edit or remove any activity or content. Times of Legend and Lore takes no responsibility and assumes no liability for any content posted by you or any third party.

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties and Limitation of Liability

While Times of Legend and Lore uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Material and assume no liability or responsibility for any error or omission in the Material. Times of Legend and Lore does not represent or warrant that use of any Material will not infringe rights of third parties. Times of Legend and Lore has no responsibility for actions of third parties or for content provided or posted by others.

THIS SITE IS PROVIDED BY TIMES OF LEGEND AND LORE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIMES OF LEGEND AND LORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TIMES OF LEGEND AND LORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS; (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE INFORMATION ACCESSIBLE VIA THIS SITE WILL BE ACCURATE, COMPLETE, CURRENT OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; (v) ANY DEFECTS IN WILL BE CORRECTED; AND (vi) THIS SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIMES OF LEGEND AND LORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TIMES OF LEGEND AND LORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

BECAUSE CERTAIN STATE LAWS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THE EVENT APPLICABLE STATE OR FEDERAL LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, TIMES OF LEGEND AND LORE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Governing Law

By visiting this Site, you agree the laws of the state of South Carolina, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Times of Legend and Lore or its affiliates.

Disputes

Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Greenville, South Carolina except that, to the extent you have in any manner violated or threatened to violate Times of Legend and Lore's intellectual property rights, Times of Legend and Lore may seek injunctive or other appropriate relief in any state or federal court in the state of South Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Changes To This Policy

Times of Legend and Lore reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

Modification Of Service

Times of Legend and Lore may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Material at any time, with or without notice or liability. Times of Legend and Lore may deny access to any person or user at any time for any reason.