Terms and Conditions

1. Content

All content on www.victorious.com, including but not limited to text, APIs, graphics, photographs, trademarks, logos, sounds, artwork, computer codes and also the design, structure, selection, coordination, and arrangement of such content is owned by Victorious, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws. Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property. No part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted or distributed in any way to any other computer, server, website or other medium for publication, without Victorious’s express prior written consent. You may use information on Victorious products and services (such as data sheets, help center articles, and similar materials) purposely made available by Victorious for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

2. Prohibited Activities

Victorious reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the site or to any Victorious’ servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Victorious, including any Victorious account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site.

Any activity not defined above but judged by Victorious to be harmful to other customers or general operations of the network will be assessed at the sole discretion of Victorious. Violation of any of these policies may result in tracking information being stored to identify the offending party and permanent restriction from use.

3. Privacy

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to www.victorious.com may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Please refer to the privacy policy for more information.

4. Links to Other Sites and to the Victorious Site

This marketing website may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Victorious’ control, and Victorious is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

5. Advertising Use

Victorious may use customer websites as samples in advertising and other promotions. Additionally, Victorious may provide links to other approved vendors for which it may receive compensation as a result of traffic and/or transactions that ensue.

6. Copyright Information

All portions of the Victorious website, including images, text, and scripts where ownership is not held by third parties are copyrighted by Victorious. No portion of this website or the Content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of Victorious. Nothing herein shall be construed to grant you any right, title, or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property. Violations of the copyright held by Victorious, on any material from this website may be reported to [email protected].

7. Indemnity

You agree to indemnify and hold Victorious and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of use of or connection to violation of these terms, or violation of any rights of another.

8. Violation of These Terms

You acknowledge and agree that Victorious may preserve any transmittal or communication by you with Victorious through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Victorious determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Victorious, its employees, users of or visitors to the Site, and the public.

You agree that Victorious may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Victorious, for which monetary damages would be inadequate, and you consent to Victorious obtaining any injunctive or equitable relief that Victorious deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Victorious may have at law or in equity.

You agree that Victorious may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Victorious does take any legal action against you as a result of your violation of these Terms of Use, Victorious will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Victorious You agree that Victorious will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

You agree to abide by Victorious’s copyright infringement claims policy. You also agree that Victorious may, in its sole discretion and without prior notice, disable or deactivate all, or relevant portions of, your Site alleged to be in violation of the Victorious copyright infringement claims policy. All Victorious customers whose content is disabled or deactivated will receive a notice of copyright infringement, and may provide Counter Notification by emailing [email protected] and including the following: a) an electronic signature of the Customer; b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and c) a statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and stating the reasons for this belief. Upon receipt of a Counter Notification, as described above, Victorious shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Complaining Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Victorious will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Victorious first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Victorious system or network.

9. Limitation of Liability

Victorious will not be liable 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 victorious, 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 client’s transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Our aggregate liability for all claims relating to the service shall not exceed the amounts paid by client to for the past three months of the service in question.

10. Disclaimer of Warranties

Your use of the websites, and all website code, platform code, APIs, applications, services, third party software, and content (including third party content), are at your sole responsibility and risk. The websites, and all website code, platform code, applications, services, third-party software, and content (including third-party content) are provided on an “as is” and “as available” basis. Victorious, and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

Victorious and its successors, affiliates, contractors, officers, directors, employees, suppliers, licensors, partners, and agents disclaim any warranty that the websites or any website code, platform code, apis, applications, services, third party software, or content (including third party content) will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects, will be corrected, or that the websites, or the server that makes the websites, available is free of viruses or other harmful components. Victorious, makes no guarantee regarding (a) the amount, timing and delivery of any clicks or impressions with respect to any content (including third party content) or advertising on the websites, or client website; (b) the volume and quality of any traffic to client’s website; or (c) the compatibility of client’s code or any other code with any victorious, technology. Any material downloaded or otherwise obtained through the use of the services, and all website code, platform code, apis, applications, services, third party software, and content (including third party content), is done at client’s own discretion and risk and client will be solely responsible for any damage to client’s computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by client from victorious, or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, or through or from the websites, shall create any warranty not expressly stated in these terms. Victorious is not responsible for the conduct of any user or application developer on the websites, platform, applications or websites.

11. Void Where Prohibited

Victorious administers and operates victorious.com from its locations in the USA. Although these Sites are accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations. Victorious reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited.