TERMS OF SERVICE: (Current as of 12/08)

The following basic terms shall govern your use of our Website. Your use of our Website constitutes your agreement to follow and be bound by these terms (the "Agreement"). By using the Website, you agree to comply with this Agreement and to indemnify ElbowFriend.com against any claims by third parties arising from your violation of this Agreement.

You may only use the Website for lawful purposes and may not use the Website to harm others. Without limiting the generality of the foregoing, you may not:
Use the Website in violation of any law or regulation governing ElbowFriend.com's business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
Use the Website in a manner that presents a security risk or that may interfere with the operation of the Website.
Use the Website in a manner that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity, including ElbowFriend.com.
Use the Website to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information.
Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Introduce viruses, trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.
Use the Website to gain illegal or unauthorized access to other computers or networks through hacking or other means.
Assist or permit any person to engage in any of the activities described above.

WEBSITE CONTENT AND COPYRIGHTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, testimonials, menus, and other materials that appear as part of this Website (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by ElbowFriend.com, and/or its subsidiaries and their affiliates (collectively, "ElbowFriend"). The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by The Legacy Mill, LLC.

The Contents of our Website, and the Website as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our website) use by the users of our Website. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software.

You may not republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through ElbowFriend.com, not to insert any code or product or manipulate the content of ElbowFriend.com, and not to use any data mining, data gathering or extraction method. You agree to not create, re-create, promote, or run or administer any web site based on the same general concepts and principals of ElbowFriend.com.

POSTINGS ON/TO WEBSITE
ElbowFriend.com may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, and postings on our Website; however, ElbowFriend.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Website. ElbowFriend.com will cooperate with law enforcement or a court order requesting or directing ElbowFriend.com to disclose the identity of anyone posting any information or material prohibited by this Agreement. ElbowFriend.com may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of ElbowFriend.com, its clients, or the public.

USER CONTENT REPRESENTATIONS AND WARRANTIES:
By placing material on ElbowFriend.com, including but not limited to posting content or communications to any ElbowFriend.com bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files or other audio-visual content to the website ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited.

USER CONTENT LICENSE:
For all User Content you post, upload, or otherwise make available ("Provide") to ElbowFriend.com, you grant ElbowFriend.com, its affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize ElbowFriend.com to share the User Content across all Web sites, newspapers, and broadcast stations affiliated with ElbowFriend.com, to include the User Content in a searchable format accessible by users of ElbowFriend.com, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to ElbowFriend.com. All rights in this paragraph are granted without the need for compensation of any sort to you.

USER FEEDBACK, COMMENTS, AND ANY OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to ElbowFriend.com on or by this Website or otherwise disclosed, submitted, or offered in connection with your use of this Website or otherwise (collectively, "Comments") shall be and remain ElbowFriend.com's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to ElbowFriend.com of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, ElbowFriend.com will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. ElbowFriend.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.

You agree that ElbowFriend.com may use and/or disclose information about your demographics and use of the Website in any manner that does not reveal your identity. By participating in Website contests, promotions, and/or requesting promotional information or product updates, you agree that ElbowFriend.com may use your information for marketing and promotional purposes.

ELBOWFRIEND.COM'S COMMUNICATIONS TO USER
You agree that ElbowFriend.com may send electronic mail to you if you have chosen to ‘opt-in’ by signing up to accept email correspondence from ElbowFriend.com, for the purpose of advising you of changes or additions to this Website, about any of ElbowFriend.com's products or services, or for such other purpose(s) as ElbowFriend.com deems appropriate.

OTHER WEBSITE LINKS
For your convenience and enjoyment, our Website may provide links to web sites that are not operated by ElbowFriend.com. These links do not mean that ElbowFriend.com endorses, approves, or sponsors the linked site or any information, products, or services contained in such site, nor is ElbowFriend.com liable for any damage that might result from your use of such information, products, or services.

DISCLAIMER
This website and all contents of the website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the website, that your use of the website is at your sole risk, that you assume full responsibility for all costs associated with all servicing or repairs of any equipment you use in connection with your use of our website, and that elbowfriend.com shall not be liable for any damages of any kind related to your use of this website.

From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice.

TERMINATION OF THIS AGREEMENT
This Agreement is effective unless and until terminated by either you or ElbowFriend.com. You may terminate this Agreement at any time. ElbowFriend.com may terminate this Agreement at any time without notice and deny you access to the Website, if in ElbowFriend.com's sole discretion you fail to comply with any term or provision of this Agreement. A termination by ElbowFriend.com under the previous sentence shall not limit ElbowFriend.com’s other rights and remedies available under law or equity. Upon any termination of this Agreement by either you or ElbowFriend.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under this Agreement or otherwise.

SEVERABILITY
If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

NO WAIVER
A failure on the part of ElbowFriend.com to enforce any part of this Agreement shall not constitute a waiver of any of ElbowFriend.com’s rights under this Agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of ElbowFriend.com shall have legal effect.

MISCELLANEOUS
We may change, move, or delete portions of, or may add to, our Website from time to time and without notice. Your use of our Website following any such change constitutes your agreement to follow and be bound by the terms as changed.

Unless otherwise specified and except to the extent ElbowFriend.com products or services are offered for sale in the United States through this Website, this Website and the Contents thereof are displayed solely for the purpose of promoting ElbowFriend.com's products and services available in the United States and select foreign markets.

This Agreement shall be governed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Los Angeles County, California.