The following terms and conditions (the “Terms and Conditions”), which are effective as of October 21, 2013, cover and govern your use of the website(s) and all applications and features of the Site, including RSS, API, software and downloads (collectively, called the “Site”) owned or operated by Victory Journal LLC. By accessing the Site, you accept these Terms and Conditions in effect at the time of your use and we grant you access to the Site in accordance with these Terms and Conditions. “You” means any user or visitor of the Site and “we,” “us” or “Victory” means Victory Journal LLC and its affiliates.
1. USE OF THE SITE
Your use of the Site is voluntary and personal and is subject to all applicable laws and regulations. Either we or third-parties own the information, materials and content on or available through the Site (“Content”) and all trademarks, logos, copyrights, trade dress and service marks (collectively, “Marks”) displayed on the Site. You cannot use the Marks for any purpose. You can only use the Site and Content for personal use as and to the extent permitted under these Terms and Conditions. You may not modify, copy, distribute, transmit, display, publish, create derivative works of, sell or license any Content. We may, in our sole discretion, immediately terminate your access, without notice, to the Site in the event you violate these Terms and Conditions.
2. COMPLIANCE NOTICE PURSUANT TO 18 U.S.C. §2257
All pictures, graphics, videos, and other visual media displayed on the Site are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
3. CODE OF CONDUCT
(1) You must be 18 years of age or older to register with or use the Site.
(2) Only registered users may access the registration-required portions of the Site.
(3) You will not copy, modify, distribute, download, display, post, publish, license, create derivative works of or otherwise transmit Submissions in any form except to and through the Site as expressly permitted hereunder.
(4) You will not use the Site to solicit or advertise any commercial product or activity without our consent.
(5) You will not post or transmit any materials that are threatening, offensive, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane (even if it is masked), racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.
(6) You will not upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site any Submissions that: (i) restrict or inhibit any other User from using the Site or contains a virus or other harmful component(s); (ii) violate any laws; (iii) violate or infringe any rights of third parties; (iv) violate these Terms and Conditions; or (v) impose an unreasonable or disproportionately large load on the Site or otherwise interfere with the operation of the Site.
(7) You will not use any Marks without Victory’s written consent, and, if applicable, the third party that owns the Marks.
(8) You will not use the Site for any unlawful purpose or activity including, without limitation. (i) chain letters, junk mail, spamming or similar activities; (ii) “spoofing,” (which means to disguise your online identity when sending e-mails or posting messages to the Site, or impersonating us or our personnel, another user, or the Site Moderator); (iii) using or possessing programs to hack passwords, restricted access sections on the Site, or other Internet security tools. (iv) attempting to circumvent established Internet security measures; or (v) posting or transmitting any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
(9) You will not interfere with another user’s use and enjoyment of the Site.
(10) You will not upload, store, process, post, transmit, distribute, publish or otherwise submit any photos, hyperlinks, materials or other Submissions on or through the Site that do not comply with these Terms and Conditions.
(12) Please be respectful when engaged in discussions arising out of the Contents of the Site. We will not tolerate any attempts to harass or threaten other users based on differing opinions;
(13) Please do not post the same message more than once in the same thread or another thread. Reposting messages multiple times is considered spamming and is not permitted.
(14) Occasionally you will see a message with only the word “bump” in it. This is a vehicle for moving a thread to the top of the menu. Bumps are not permitted.
(15) Please do not give out or post any of your personally identifiable information (for example, your email address, your full legal name, your mailing address and your phone number).
4. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
(1) All purchases made through the Site or any other transactions for the sale of goods or services made through the Site or as a result of visits made by you to the Site are governed by our Terms of Sale, which are hereby incorporated into these Terms and Conditions. Additional terms may also apply to specific portions of the sale. All such additional terms are also hereby incorporated by reference herein.
Unless otherwise expressly agreed with Victory, you must pay for all purchases at the time of your order. This includes all taxes and shipping and handling charges. Victory will not be responsible: (i) for any charges that your card issuer or other payment method provider may apply to you as a result of our processing your order, (ii) if your card issuer or other payment method provider refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of goods that may arise due to any validation checks that may be carried out regarding your payment or identification.
(3) Order Acceptance: Please note that there may be certain orders that Victory is unable to accept and must cancel. Victory reserves the right, at its sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized. If your order is canceled after your credit or debit card or other payment method has been charged, Victory will issue a credit to your card or such other method in the amount of the charge.
Your order may be cancelled due to, for example and without limitation, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, product or ingredient restrictions mandated by local, state, national, or international regulations, problems related to credit and fraud avoidance, and others. Victory may also require additional verifications or information before accepting any order. Victory will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
5. INFORMATION: PRODUCTS AND ORDERS
All features, specifications, products and prices of products and services described on the Site are subject to change from time-to-time without notice. Although we endeavor to make the information on the Site complete, accurate and current, mistakes happen and, therefore, we do not make any representations as to the completeness, accuracy, or currency of any information on the Site. If any information on the Site or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors and features of the products available for online purchase on the Site; however, the actual color or specifications you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet on a consistent basis.
6. USER SUBMISSIONS
The Site and Features may provide you and others with the opportunity to participate in message boards, chat rooms and other public areas and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to, including, without limitation, comments, ideas, review, suggestions and other content such as text, photographs, illustrations, audio and video (collectively, the “Submissions”). Except as otherwise described in the Victory Privacy Statement, all Submissions are non-confidential, non-proprietary and Victory will not return them to you.
We respect your right to own Submissions and, therefore, you will remain the owner of your Submissions. However, we also need to have certain rights in your Submissions necessary to operate the Site, the Features and our business generally. By making a Submission, therefore, you grant to Victory and its affiliates a worldwide, irrevocable, perpetual, sub-licensable and royalty-free license to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), market, promote and exploit all Submissions in any form or media now known or hereinafter developed. You understand that in exercising these rights in Submissions, Victory, among other things, may edit, reformat, alter, remove or delete any Submission for any reason it deems appropriate
We ask that you also respect the rights of others and ask that you do not make Submissions unless you own or have the right to the items included in your Submission. Upon request, you will furnish Victory any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You are responsible for all Submissions that you upload, post, e-mail, transmit or otherwise make available, including the accuracy and appropriateness of the Submission. For that reason, Victory is not obligated to review, monitor, display, accept or exploit any Submissions and Victory is not liable for any of Submissions or for any loss or damage incurred as a result of Submissions.
Except as required by law and in accordance with the “Victory Privacy Statement,” which is available on the Site, we will maintain the confidentiality of all User communications that contain your personally identifiable information and which are transmitted directly to us. We do not have to keep confidential your transmissions and communications to the Site that do not contain the personally identifiable information. We may further use and provide information contained in any such transmissions and communications (including any Submissions) to any of our subsidiaries, affiliates or other third parties for any purpose.
The site may provide a link to other websites by allowing you to leave the site to access third-party material or by bringing the third-party material into the site via “inverse” hyperlinks and framing technology (a “linked site”). We have no authority or responsibility to alter, update, or control the content on a linked site. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the internet, and we encourage you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site. We permit users to add hypertext links to the site, provided the content of such linked site complies with these terms and conditions. We, however, reserve the right to disable and remove any such links and specifically disclaim any responsibility for the content available on any other websites linked to the site (including all linked sites). We prohibit the framing of any content available through the site. Access to any other websites linked to the site (including all linked sites) is at your own risk. You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions and other provisions that are different from the provisions provided on the site and our policies. We are not responsible for such provisions and expressly disclaim any and all liability related to such provisions.
9. NO WARRANTIES
All content, products and third party services on the site, or obtained from a linked site are provided to you “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Neither we, nor our affiliates, endorse or are responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site; (b) any content provided on the site and on any linked sites; or (c) the capabilities or reliability of any product or service obtained from the site or a linked site. Other than as required under applicable consumer protection law, under no circumstance will we or our affiliates be liable for any loss or damage caused by your reliance on information obtained through the site or a linked site, or your reliance on any product or service obtained from the site or a linked site. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
10. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
The information, software, products and descriptions of services published on the site or a linked site may include inaccuracies or typographical errors, and we specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent that the content on the site is complete or up-to-date and we are under no obligation to update any content on the site. We may change the content on the site at any time without notice to you. You agree that we and our affiliates, and any of our collective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. We cannot and do not guarantee continuous, uninterrupted or secure access to the site.
11. LIMITATION OF LIABILITY FOR GOODS OR SERVICES ARRANGED OR SOLD THROUGH THE SITE
Except as otherwise expressly provided, all products and services provided or sold through the site are provided on an ‘as is’ basis. We and our affiliates disclaim all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Any and all claims regarding any failure or breach with respect to goods and services offered or sold through the site are limited to claims against any and all such providers of goods and services. We, along with our affiliates, hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including, without limitation, liability for any direct, punitive, special, consequential, incidental our indirect damages, in connection with the goods or services provided by any carrier or other supplier through the site, including, without limitation, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such carrier or supplier and you hereby exonerate our affiliates and us from any liability with respect to the same.
You agree to indemnify and hold us, our agencies and their parents, subsidiaries, affiliates, members, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms and Conditions by you, or the infringement by you, or other User of the Site, of any intellectual property or other right of any person or entity.
13. MODIFICATIONS TO SITE
We reserve the right to modify the current version of the Site without notice. We are not liable to you or any third party if we modify any operation of any version of the Site.
14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
You may correspond with, or participate in promotions of, advertisers, if any, that advertise their products and services on our Site. Any such correspondence or promotions, including the delivery of and the payment for goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding or participating User and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. USE OF “COOKIE” FILE FEATURES
16. REPORTING INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), we have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Site violate your rights other than copyrights, please provide us with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Notice of claims of copyright or other intellectual property infringement must be sent to us at: Email: firstname.lastname@example.org and/or 85 Metropolitan Avenue, Brooklyn, New York 11249, Attn: Copyright Agent.
Please note that this procedure is exclusively for notifying us of claims that your copyrighted material or other intellectual property has been infringed. We have a policy of terminating the accounts of Users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
17. OTHER FORMS OF CONTENT DELIVERY AND COMMUNICATION
The Site may offer you features, services, applications, downloads and APIs to enhance your use or the Site and Content, which may allow for, without limitation, the ability to upload content to the Site, receive messages from the Site, establish RSS feeds, downloads for use with your computer or mobile device, or interact with social media/networking sites (collectively, the “Features”). We may add new Features and modify or remove existing Features from time-to-time to reflect, among other things, new technologies or methods by which we want you to be able to interact with us. In addition to these Terms and Conditions, each Feature will be governed by the specific terms and conditions, if any, that relate to such Feature and that we disclose to you in connection with the Feature.
We may charge for Features and these charges will be disclosed prior to completion of registration for the Feature. As applicable, instructions regarding how to opt-out of Features will be disclosed in connection with the Feature. You agree that the Features for which you are registered may send communications to your mobile device regarding us, our affiliates and other items. Further, we may collect information related to your use of the Features. If you have registered for Features that use your mobile device, you agree to notify us of any changes to your mobile number and update your account(s) on the Site to reflect this change. Also, for any such Feature, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. For mobile device Features, your carrier may prohibit or restrict certain Features and certain Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
18. CERTAIN LIMITED RIGHTS TO DISTRIBUTE CONTENT
We may allow you in writing to make certain uses of Content, including the ability to share Content with others (“Viral Distribution”). For example, the Site may allow you to send Content to friends, display Content on your personal web site or post Content on a third party web site. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to comply with any terms we post in connection the Viral Distribution of Content. Similarly, the Site may provide Content that you may choose, with our permission, to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Content and subject to the limited, revocable license described above for Content, if any that we agree to grant to you. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Content made available via any Widget. You will not embed or otherwise make available a Widget on a web page or web site containing content that (i) is threatening, abusive, harassing, hateful, or racially, ethnically or otherwise objectionable (in our sole opinion). We make no specific warranties about Widgets. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in the Widget or any component of the Widget (including any video player) that are designed to prevent users from copying, manipulating or retaining the Content made available via the Widget. You also agree to not use (or attempt to use) the Widget or any component of the Widget to display content other than the Content provided or intended by us to be displayed via a particular Widget. Any Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Content upon notice.
These Terms and Conditions are governed by New York law, excluding its conflict of law provisions. You and Victory agree to submit to the exclusive jurisdiction of the courts of the State of New York. If any provision herein is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions herein shall remain in full force and effect. Our failure to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You acknowledge and agree that you will not litigate any claims against us or our affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You and we agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
20. ENTIRE AGREEMENT
These Terms and Conditions, including any other polices or terms referenced herein, shall, as the same are amended from time to time, constitute the entire agreement that governs your use of the Site and supersedes any prior agreements between you and Victory with respect to the subject matter of these Terms and Conditions. We may modify or add to these Terms and Conditions at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site or by notifying you in another manner, such as e-mail, so that they are accessible via a link on the home page, and that your use of a Site after we have posted or notified you of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Conditions before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward. By using the Site, you agree to the Terms and Conditions and any modifications thereto.