1) Acceptance of Terms
Welcome to Bix7Store.com, a VictoryStore.com company.
As VictoryStore.com provides its website and related services to you,
you are subject to the following User Agreement
which may be updated from time to time without notice
to you. Your continued use of the Gifts-For-Valentines.com Site after any
such changes constitutes your acceptance of the new terms. If you
have any questions about the Agreement, you may contact us at
user_info@VictoryStore.com.
BY CONTINUING TO USE THE SITE,
YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS
AGREEMENT AND ALL REVISIONS THEREOF.
2) User Conduct
In using this Site, you agree to not:
a) upload, download, post,
email or otherwise transmit any materials including but not limited
to text, data, photos, graphics, or any of these elements in
combination as a design for products available on this Site or
otherwise ("Content") that are unlawful, harmful, threatening,
abusive, vulgar, harassing, defamatory, obscene, pornographic,
indecent, inflammatory, libelous, tortuous, hateful, or racially,
ethnically or otherwise objectionable, or invasive of another's
rights including but not limited to rights of celebrity, privacy and
intellectual property.
b) impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
c) upload, download, post, email or otherwise transmit any Content
that may infringe any patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any party. By uploading
or downloading any Content, you represent and warrant that you have
the lawful right to reproduce and distribute such Content and that
the Content complies with all applicable federal, state and local
laws, regulations and ordinances;
d) upload, download, post, email or otherwise transmit any Content
that would constitute or encourage a criminal offense, violate the
rights of any party, or that would otherwise create liability or
violate any local, state, national, or international law;
e) upload, download, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, junk
mail, spam, chain letters, or any other form of solicitation;
f) upload, download, post, email or otherwise transmit any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
g) upload, download, post, email or otherwise transmit false or
misleading information;
h) disrupt or interfere with the security of, or otherwise abuse,
the Site, or any services, system resources, accounts, servers, or
networks connected to or accessible through the Site or affiliated
or linked websites.
i) access, tamper with or use non-public areas of the Site.
Unauthorized individuals attempting to access these areas of the
Site may be subject to prosecution;
j) disrupt or interfere with any other user's enjoyment of the Site
or affiliated or linked websites.
k) frame or link to the Site except as permitted in writing by
VictoryStore.com
You acknowledge that
VictoryStore.com does not pre-screen submitted Content, but that
VictoryStore.com and its designees shall have the right (but not the
obligation) in their sole discretion to reject or remove any Content
that is available via the Site. Upon placing your order, you
acknowledge that VictoryStore.com may review your order, and the
Content it contains, for adherence to our guidelines and compliance
with the terms and conditions set forth in this User Agreement.
Without limiting the foregoing, VictoryStore.com and its designees
shall have the right to remove any Content that violates the
Agreement or is otherwise objectionable to VictoryStore.com. You
agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content, created by or
submitted to, VictoryStore.com. You acknowledge and agree that you
are responsible for the creation and compilation of your Content,
and that neither VictoryStore.com nor any other party involved with
the production of any product incorporating such Content, including
but not limited to, stamps, assumes that responsibility.
VictoryStore.com's production of any product depicting your Content,
including but not limited to stamps, does not indicate that
VictoryStore.com approves of the Content, that the Content obeys all
applicable laws, or that you are absolved of any liability or harm
arising from the use of the Content.
You acknowledge and agree that
VictoryStore.com may preserve Content and may also disclose Content
if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (i) comply
with legal process; (ii) enforce the Agreement; (iii) respond to
claims that any Content violates the rights of third-parties; or
(iv) protect the rights, property, or personal safety of
VictoryStore.com, its users and the public.
You understand that the
technical processing and operation of the Site, including your
Content, may involve (i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements of
connection networks or devices.
In addition, you agree that
you are solely responsible for actions and communications undertaken
or transmitted under your account. VictoryStore.com takes no
responsibility and assumes no liability for any Content uploaded or
otherwise transmitted by or to you or by or to any third-party, or
for any mistakes, defamation, slander, libel, omissions, falsehoods,
infringement, obscenity, pornography or profanity you or a third
party may encounter. VictoryStore.com reserves the right but not the
obligation to remove any materials it deems objectionable. You
hereby agree to waive any claims against VictoryStore.com and its
affiliates, contractors, agents and employees for losses, damages
and injuries which are based on or relate to communications or
materials made available to the Site or posted on the Site by
persons other than VictoryStore.com or its affiliates. You hereby
agree to indemnify VictoryStore.com and its affiliates from all
claims and expenses, including reasonable attorney's fees, which
claims are based on or arise from your violation of any of the
provisions of this User Agreement.
No royalty will be owed or
paid on the sale of any items containing an image which is in
violation of any of the provisions of this User Agreement, including
but not limited to no royalty on any images that contain
objectionable content or are posted in violation of the intellectual
property, privacy or celebrity rights of any person or entity.
You acknowledge and agree that
you will use this Site and any products, including without
limitation, stamps, ordered on this Site at all times in accordance
with all applicable United States federal, state and local laws,
statutes, regulations and ordinances and will not take any action
that harms or violates the rights of any person or entity.
4) Privacy Policy
Your privacy is very important
to VictoryStore.com. Users of this Site should refer to our privacy
policy for information about how VictoryStore.com collects and uses
personal information. By accepting this Agreement you expressly
consent to VictoryStore.com's disclosure and use of your personal
information (including using email to communicate with you) as
described in the privacy policy, which is incorporated herein by
reference.
5) Proprietary Rights
You acknowledge and agree that
any Content, including but not limited to text, data, photos,
graphics, etc. or other material contained or distributed on or
through the Site, by VictoryStore.com, its advertisers or other
third parties, is protected by trademarks, service marks, patents,
copyrights, or other proprietary rights and laws. You may not use or
distribute any Content received through the site without the
authorization of the Content owner, except for uses permitted by
law. You agree not to publish, reproduce, copy, in whole or in part,
nor upload, download, post, email, sell, or otherwise distribute
Content available through the Site including code and software, in
violation of applicable copyright and other intellectual property
laws.
You retain all ownership
rights to your Content. However, by submitting Content to
VictoryStore.com, you grant VictoryStore.com a nonexclusive,
worldwide, transferable license to copy, crop, reproduce, publicly
display, and distribute your Content. If your Content is uploaded as
a design for products available on this Site, you grant the
additional rights set forth in the Non-Exclusive License Agreement.
You acknowledge and agree that
the Site and any software used in connection with the Site
("Software") contains proprietary and confidential information that
is protected by applicable intellectual property and other laws. You
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Site or the Software, in whole or in
part.
The intellectual property
rights in or relating to the content of any notes, messages,
e-mails, postings, letters, ideas, suggestions, concepts or other
written materials which you submit or communicate to
VictoryStore.com(excluding the Content) will automatically be deemed
to be assigned, granted and transferred by you to VictoryStore.com
upon their submission or communication to VictoryStore.com, and you
agree that the same will automatically become the property of
VictoryStore.com and that VictoryStore.com shall be entitled to use,
exploit, copy, publish, implement, transfer and in all other ways
deal with such materials and all of the intellectual property rights
therein in any way and for any purpose VictoryStore.com may elect,
forever.
6) Copyright and Trademark Policy
VictoryStore.com respects the
intellectual property rights of others. We ask our users to do the
same. VictoryStore.com may terminate the accounts of users who
appear to infringe the copyright or other intellectual property
rights of others.
If you believe that your
Content has been copied in a way that constitutes copyright and/or
trademark infringement, please notify VictoryStore.com's Copyright
Agent, and provide the following information ("Notice"):
a) an electronic or physical
signature of the person authorized to act on behalf of the owner of
the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to
have been infringed;
c) a description of where the claimed infringing Content is located
on our Site;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright/trademark owner, its
agent, or the law;
f) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are authorized
to act on behalf of the owner of the copyright/trademark interest
involved.
VictoryStore.com's Copyright
Agent can be reached at: info@VictoryStore.com or by telephone at:
866-241-2294
7) WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT
YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE
CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL
PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF
OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN
CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR
OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
8) Indemnity
You agree to defend, indemnify
and hold VictoryStore.com and VictoryStore.com's officers,
directors, employees, agents and licensors harmless from all
judgments, awards, losses, liabilities, costs and expenses,
including but not limited to reasonable attorney's fees, expert
witness fees, and costs of litigation arising out of or based on (a)
content you submit, post to or transmit through the Site, (b) your
use of the Site, (c) your connection to the Site, (d) your violation
of the Agreement or (e) your violation of any rights of a third
party.
9) No Resale
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site or access to the
Site without VictoryStore.com's express written consent.
10) Termination
You agree that
VictoryStore.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Site, and
remove and discard any Content you may have contributed to the Site,
at any time for any reason or no reason. VictoryStore.com may also
in its sole discretion and at any time discontinue providing the
Site, or any part thereof, with or without notice. You agree that
any termination of your access to the Site under any provision of
this Agreement may be effected without prior notice, and acknowledge
and agree that VictoryStore.com may immediately deactivate or delete
your account and all related information and files in your account
and/or bar any further access to such files of the Site. Further,
you agree that VictoryStore.com shall not be liable to you or any
third-party for any termination of your access to the Site. Should
you object to any terms and conditions of the Agreement or become
dissatisfied with the Site in any way, your only recourse is to
immediately discontinue your use of the Site and/or terminate your
account.
11) Links
The Site may provide, or third
parties may provide, links to other websites or resources. Because
VictoryStore.com has no control of such sites and resources, you
acknowledge and agree that VictoryStore.com is not responsible for
the availability of such sites or resources, and does not endorse
and is not responsible or liable for any content, advertising,
products or other materials on or available from such sites or
resources. You further acknowledge and agree that VictoryStore.com
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on or through any such site or resource.
12) Public Reputation
You acknowledge and agree that
you will not use any product ordered from VictoryStore.com,
including without limitation any stamp, in a way that would be
damaging to VictoryStore.com's public reputation or that of its
employees, board members, shareholders, licensor's, or solution
partners. Additionally, you acknowledge that if you choose to
display any product ordered from VictoryStore.com, including without
limitation any stamp, in a public setting, including on the
Internet, in a way which disparages VictoryStore.com,
VictoryStore.com's board members, employees, shareholders or
partners, or the United States Postal Service, VictoryStore.com
reserves the right to demand immediate return of the product, to
furthermore pursue all recourses and remedies available under the
law, and, in the case of stamps, to invalidate your stamps via
cancellation of the bar code. If your stamps are invalidated,
VictoryStore.com's sole and exclusive obligation and your sole and
exclusive remedy shall be a full refund of all fees paid by you.
13) Pricing
Prices for products on
VictoryStore.com are described on our website and are incorporated
into this Agreement by reference. All prices are in US dollars.
Prices and products may change at VictoryStore.com's discretion.
14) Age and Geographic Restrictions
You must be at least 13 years
of age to use VictoryStore.com. Please contact us if you have any
concerns or questions about this restriction.
VictoryStore.com only accepts
orders for VictoryStore.com Custom products that are shipped to
locations within the United States of America and its territories.
15) Shipping
Title and risk of loss for all
Products ordered by you shall pass to you on VictoryStore.com's
shipment to the shipping carrier.
16) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, VictoryStore.com AND ITS
AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VictoryStore.com DOES NOT MAKE
ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR
REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT
DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT VictoryStore.com
SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN
CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING
BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF
CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT
OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE
INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF VictoryStore.com, ITS
AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY AGREE THAT USE
OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED
BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR
SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA
AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT
VictoryStore.com DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS
SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, VictoryStore.com AND
ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,
RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE
AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT
VictoryStore.com MAKES NO WARRANTY OR REPRESENTATION THAT
CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE
MAINTAINED.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VictoryStore.com OR
THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE AGREEMENT.
17) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS
OWN NEGLIGENCE, SHALL VictoryStore.com OR ITS PARENTS, SUBSIDIARIES,
OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR
DISTRIBUTING VictoryStore.com OR RELATED SERVICES 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
VictoryStore.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE;
(B) 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 SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY
NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
18) SEVERABILITY
If any provision of this
Agreement is invalid, illegal or unenforceable under any applicable
statute or rule of law, such provision shall be deemed amended to
achieve as nearly as possible the same economic effect as the
original provision and the remaining provisions of this Agreement
shall in no way be affected or impaired.
21) GENERAL
These terms and conditions
shall be governed by and construed in accordance with the laws of
the state of Iowa, without resort to its conflict of law provisions.
Any dispute with regard to this Agreement shall be submitted to one
arbitrator for arbitration in Davenport, Iowa in accordance with the
Commercial Arbitration Rules of the American Arbitration Association
then in effect. The award rendered by the arbitrator shall be
binding as between the parties and judgment on such award shall be
entered in any court having jurisdiction thereof. The Arbitrator may
award attorney's fees and costs to the prevailing party. No agency,
partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by this
Agreement. VictoryStore.com may assign its rights and
responsibilities hereunder without notice to you. The failure of a
party to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of the right or provision.
VictoryStore.com's failure to act with respect to a breach by you or
others does not waive VictoryStore.com's right to act with respect
to subsequent or similar breaches. This Agreement constitutes the
entire agreement between you and VictoryStore.com, and supercedes
all other communications, written or oral, with regard to the
services provided by VictoryStore.com.
