Welcome to Victory Views, LLC’s victoryviews.com website (“Victory Views” or “Website”). The following Terms and Conditions apply when you view or use the Website or other websites owned and operated by Victory Views as a guest or as a registered user. These Terms and Conditions also govern the sale of services that may be offered on our Website, including all content associated therewith (the “Merchandise or Services”). By using, visiting, or browsing the Website, or by purchasing any of our Merchandise or Services, you accept and agree to be bound by these Terms and Conditions (“Terms”).
Changes to Terms and Conditions
Information about Us
This Website is operated by Victory Views, LLC. If you would like information on how to contact us, e-mail us at [email protected]
Accessing Our Website
Access to our Website via the Internet is “as available,” and we reserve the right to withdraw or amend the services on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website. We have the right to terminate your access to the Website if we determine that you have failed to comply with any of the provisions of these Terms. You are solely responsible for keeping confidential any password or usernames that you use to access our Website. We advise you not to share your password or any other information associated with our Website or your account with anyone.
Use of Our Website
By accessing our Website you agree to use our Website, including all features and functionalities, content and software associated with Website in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or types of content. In addition, the following restrictions apply to your use of our Website:
Use of Our Streaming Service
We provide digital image downloads over the Internet to certain devices (streaming and non-streaming digital downloads are hereinafter collectively referred to as “Download Service”). Currently, Download Service is only available on computers and certain mobile devices. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate Download Service. Any description of how Download Service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to Download Service, and often these adjustments are not completely captured within these Terms.
(a) Availability of Download Service:
The availability of Download Service will change from time to time. The quality of Download Services may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. We will send a small amount of data to your device as a buffer each time you start Download Service. Frequently starting and stopping Download Service will result in a minor increase to the amount of data Victory Views sends to you per hour. You are responsible for ensuring that you have Internet access and for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Victory Views makes no representations or warranties about the quality of Download Service.
Download Service may be unavailable to you from time to time in connection with maintenance or for other technical or non-technical reasons, and, as a result, without prior notice to you, some or all services ordinarily available via Download Service may cease to be available.
(b) Initiation of Download Service:
The amount of time it takes to initiate Download Service on a device will vary based on a number of factors, including your location, available bandwidth at the time, the particular Product or Service you have selected and the configuration of your device. In addition, you must be connected to the Internet throughout the period in which you are accessing Download Service.
(c) Geographic Limitations:
You may access Download Service only in geographic locations where we offer Download Service. In addition, the content that may be available to watch may vary by geographic location.
User Created Content
We permit you to post or send us comments, information, views and other material relating to the services.
(a) Restrictions on User Created Content:
You are not permitted to post User Created Content (defined below) that contains: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or other personal information; misleading information regarding the origin of the User Created Content; or a discussion of Victory Views’ policies or services. You understand and agree that we may, but are not obligated to, review User Created Content. We do not regularly review the User Created Content posted on our Website; however, we reserve the right in our sole discretion to reject, remove or edit any such User Created Content at any time without notice to you. In addition, we may use User Created Content for the purposes set forth under the “Use of User Created Content: License Grant” section below.
(b) Use of User Created Content: License Grant:
Victory Views is free to use any comments, information, ideas, views, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “User Created Content”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and creating, modifying or improving the Website or the services. Furthermore, by posting any User Created Content on our Website, submitting User Created Content to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the User Created Content submitted in any media, software or technology of any kind now existing or developed in the future.
By submitting User Created Content, you understand and agree that you are consenting to the release of all information provided in your User Created Content, including your rating of a product or service, to a public forum, including other users of our site. If you do not want your User Created Content to be shared in a public forum, do not submit such content to our Website.
Consent to Cross-border Transfers
Linking to and Links from Our Website
Grant of Limited License to Use the Services
Unless otherwise specified, the services, including any content viewed through or obtained via our Download Service, are for your personal and non-commercial use only and we grant you a revocable, limited, non-exclusive, non-transferable, license for that purpose. Except for the foregoing limited license, no right, title or interest in downloaded content shall be transferred to you. You may not (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), copy, modify, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website, without our express written consent. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections, including, without limitation, any affixed or displayed copyright notices on our services. Any unauthorized use of the Download Service or its contents will terminate the limited license granted by us and will result in the cancellation of your use of the services.
Ordering Products or Services
(a) Restrictions on Age of Purchaser
You must be the age of majority or older to place an order on our Website. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to make a purchase on this Website. Individuals under the age of 18 may only place an order on our Website with the consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
(b) Product Orders for Shipment:
When you place an order to purchase a Product from our Website, we will send a confirmatory email that will contain details of the Product(s) you have ordered along with any delivery charges. When you place an order to purchase any downloadable Merchandise, such as digital images or videos, we will send you a confirmatory email that will contain details of what you have ordered, any delivery charges, as well as details regarding how you can download them.
You must check that the details in the confirmatory email are correct as soon as possible and should print out and keep a copy of it for your records.
(c) State Sales Tax:
Orders may be subject to local and state sales taxes. You will be responsible for payment of any such taxes. Please note that we have no control over these charges and cannot predict their amount.
(d) Please also note that it is your responsibility to understand and comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
(e) Pricing: the price of any services will be as quoted (plus any applicable tax) on our Website from time to time, except in cases of obvious error. Prices are liable to change at any time.
Payment for all services must be by credit or debit card. Our shopping cart ISP accepts payment with Visa, MasterCard, Discover, JCB and American Express.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Website are the registered and/or unregistered Trademarks of Victory Views, LLC or such third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of Victory Views or such third party that may own the displayed Trademarks.
Website Contents and Copyright.
The text, Trademarks, logos, digital images, graphics, photos, video files, application functionality, or any other digital media, the services available through our Website and their arrangement on this Website (“Victory Views Intellectual Property”) are all subject to patent, copyright, trademark and other intellectual property protection. Victory Views Intellectual Property may not be copied for commercial use or distribution, nor may Victory Views Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our written permission. Access is granted to this Website solely for your use of Victory Views services for personal entertainment, information, and communication with Victory Views. You may download, copy, or print the content of this Website for your personal non-commercial use only. No right, title or interest in any of the Website content is transferred or conveyed to you as a result of any downloading, copying, printing or use of this Website. All such rights in Victory Views Intellectual Property not expressly granted by Victory Views are reserved.
You are not permitted to modify the paper or digital copies of Victory Views Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy, download or otherwise use any part of our Website or services in breach of these Terms, your right to use our Website and services will cease immediately and you must, upon our request, return or destroy any copies of the materials you have made.
Copyrights and Digital Millennium Copyright Agents
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Website. Our copyright agent is Ryan Schweet. The agent can be reached via email at: [email protected], or via U.S. Mail at: 405 W. Superior #5, Chicago, IL 60654.
DMCA Infringement Notification.
To be effective, your infringement notification must include the following:
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Victory Views, the alleged infringer will have the opportunity to respond to Victory Views with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Victory Views’ designated copyright agent, and must include the following:
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
User Created Content posted on our Website is not intended to amount to advice on which reliance should be placed. Victory Views disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Our liability for losses you suffer as a result of us breaching this agreement, including deliberate breaches, is strictly limited to the purchase price of the Product you purchased.
(a) Disclaimers of Warranties and Limitations on Liability:
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VICTORY VIEWS’, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Victory Views, any parent corporation, its affiliates, and its and their officers, directors, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms, and your use of the Website.
Transfer of Rights and Obligations
These Terms and any contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, change, or otherwise dispose of these Terms or a contract, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under them, at any time.
If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract or these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
Notice and Consent to Electronic Communications
When you visit this Website or send e-mails to us, you are communicating with us electronically. By using this Website, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages. We will communicate with you by email, text messaging or by posting notices to your account on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.
Law and Jurisdiction
Contracts for the purchase of Merchandise or Services through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by governed by and construed in accordance with the laws of the state of Illinois, without regard to conflict of law provisions, and shall be subject to the non-exclusive jurisdiction of the courts of Cook County, Illinois.
These Terms and any document expressly referred to in them represent the entire agreement between the parties in relation to the subject matter of the Website and supersede any prior agreement, understanding, or arrangement between the parties, whether oral or in writing.