User Agreement
IMPORTANT: READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PROJECT VICTORIES REGARDING THE PROJECT VICTORIES WEB SITE (THE “WEB SITE”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THE WEB SITE. BY REGISTERING AS A USER OF WWW.PROJECTVICTORIES.COM, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. YOU ARE PERMITTED TO USE, REPRODUCE, AND DISPLAY MATERIALS ON THE WEB SITE AS SET FORTH BELOW ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS USER AGREEMENT (THE “AGREEMENT”). PLEASE READ THE AGREEMENT CAREFULLY. THE USE, REPRODUCTION, OR DISPLAY OF ANY MATERIALS ON THE WEB SITE BY YOU OR A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
USE OF MATERIALS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, templates, and services (“Materials”), are provided either by Project Victories and/or by its respective third party sponsors, manufacturers, authors, developers, and vendors (“Third Party Providers”) and are the copyrighted work of Project Victories and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Project Victories and/or the appropriate Third Party Provider. Also, you may not “mirror” any Materials contained on this Web Site on any other server without Project Victories’ prior written consent.
Except as expressly provided otherwise by Project Victories, nothing on this Web Site shall be construed to confer any license to any of Project Victories’ or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Project Victories. Project Victories does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Project Victories.
Project Victories hereby grants you permission to use, reproduce, and display Project Victories’ Materials on this Web Site provided that (1) the copyright notice identified in the following paragraph appears on the Materials and reproduced portions of the Materials in footnote or other form; (2) the use, reproduction, and display of such Materials is solely for your own informational use and will not be distributed, provided, or displayed to third parties other than Project Victories users, posted on any networked computer or publicly broadcast in any media; (3) such use, reproduction, and display is only in accordance with the documentation, instructions, and other restrictions regarding the Materials; and (4) the Materials are not in any way commercially sold, transferred, or reproduced. This permission terminates automatically without notice immediately upon breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf. Upon termination, you must immediately destroy any downloaded or printed Materials.
Copyright (c) 2010 Project Victories. Reproduced by permission of Project Victories. The following uses of the reproduced materials are prohibited: (1) use, reproduction, and display other than to Project Victories registered users, (2) posting on any networked computer or public broadcast in any media, (3) use, reproduction, or display other than in accordance with the Project Victories user agreement, and (4) commercial sale, transfer, or reproduction.
In the event you download software from this Web Site, the software, including any files, images incorporated or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Project Victories and/or its Third Party Providers. Project Victories and/or its Third Party Providers do not transfer title to the Software to you. You own the medium on which the Software is recorded, but Project Victories and/or its Third Party Providers retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Any unauthorized use of any Materials contained in this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web Site may contain links to web sites controlled by parties other than Project Victories. Project Victories is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. Project Victories is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Project Victories of the linked web site, notwithstanding the inclusion on such site of the trademarks of Project Victories and/or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use is sufficient for your purposes and is free of viruses or other items of a destructive nature.
FORUMS AND PUBLIC COMMUNICATION
“Forums” means a chat area, bulletin board, or e-mail function offered as part of Project Victories. You shall not upload to, distribute through, or otherwise publish through Project Victories any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without the express written consent of Project Victories, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
Project Victories shall have the right, but not the obligation, to monitor the contents of the Forums to determine compliance with this Agreement and any operating rules of Project Victories to satisfy any law, regulation, or authorized government request. Project Victories shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted or posted on Project Victories. Without limiting the foregoing, Project Victories shall have the right to remove any material that Project Victories, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Any opinions, advice, statements, services, offers, or other information or content expressed in Forums are those of the respective author(s) and not of Project Victories. Project Victories does not endorse, guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for a particular purpose. Under no circumstance shall Project Victories be liable for any loss or damage caused by any information obtained through or posted on Project Victories. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Project Victories.
By uploading materials to any Forum or submitting materials to Project Victories, you automatically grant (or warrant that the owner of such rights has expressly granted) Project Victories, whether in your name or not, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, transfer, and distribute such materials or incorporate such materials in any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that so-called “moral rights” in those materials have been waived.
ADDITIONAL BENEFITS OF MEMBERSHIP
By registering for membership on Project Victories in the United States, you are also requesting a free subscription to Project Victories magazine/newsletter. This subscription includes all issues published, including advertising supplements. You may cancel your free subscription at any time by email or updating your user profile on Project Victories to indicate that you do not wish to receive Project Victories magazine/newsletter. Project Victories reserves the right to cancel this subscription at any time or to require a subscription fee for the continued receipt of Project Victories magazine/newsletter.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER PROJECT VICTORIES, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEB SITE.
B. THE MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OR CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PROJECT VICTORIES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHER CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES, INCLUDING THEIR BREACH OF THIS USER AGREEMENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL PROJECT VICTORIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEB SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE. PROJECT VICTORIES OR ITS AFFILIATES OR THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEB SITE.
JURISDICTIONAL ISSUES
This Web Site is controlled and operated by Project Victories from its offices within the State of Texas, United States of America. Project Victories makes no representation that materials in the Web Site are appropriate or available for use in other locations. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical/biological weapons or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Project Victories, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
PRIVACY
Project Victories respects your privacy. Please read our Privacy Policy at https://projectvictories.com/Privacy-Policy/, which terms are incorporated herein by reference. By agreeing to this User Agreement, you are agreeing that your Personal Information may be used and disclosed as set forth in the Privacy Policy and consenting to the receipt of Materials from Project Victories and/or its Third Party Providers as set forth in the policy.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to William H. Volpé III, PMP, Project Victories, 18510 Venture Drive, Point Venture, TX, 78645; (512) 632-5172; email wvolpe3@projectvictories.com.
GENERAL
This Web Site may include inaccuracies or typographical errors. Project Victories and/or its Third Party Providers may make improvements and/or changes in the Materials and Services offered in this Web Site at any time without notice. Project Victories may periodically make changes to the Web Site. The terms of this Agreement shall be governed and construed in accordance with the laws of the State of Texas. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Travis County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire understanding relating to the use of the Web Site and prevails over any prior or contemporaneous, conflicting, or additional communications, including but not limited to statements on the Web Site. Project Victories has the right to revise this Agreement at any time without notice by updating the Agreement posted to the Web Site. Any rights not expressly granted herein are reserved by Project Victories.
COPYRIGHT AND TRADEMARK INFORMATION
All contents of this Web Site are Copyright (c) 2010-2011 Project Victories. All Rights Reserved. The Project Victories logo is a trademark and service mark of Project Victories. All other trademarks, service marks, and logos used in this Web Site are the property of their respective owners.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact Project Victories Customer Support at (512) 632-5172 or Project Victories, 18510 Venture Drive, Point Venture, Texas 78645.
last updated: 12/13/2010