Victory Records / Victory Merch Terms Of Service
This is a legal agreement between you and Victory Records, Inc ("Victory").
1. Definition of the Victory Merch Web Store. Victory is the provider of the online shopping experience (the "Web Store") that permits you to purchase merchandise - such as sound recordings and videos - under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Web Store. This Web Store is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. Objectionable Material. You understand that by using the Web Store, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Web Store at your sole risk and that Victory shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
4. System Requirements. Use of the Web Store requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Web Store involves hardware, software, and Internet access, your ability to use the Web Store may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Web Store is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Web Store.
5. Policies and Rules. Your use of the Web Store and purchases made through it are subject to Victory's Terms of Sale at http://www.victoryrecords.com/returnpolicy, which can be readily viewed on the Web Store, and any end-user agreements or other terms and conditions required for use of the Web Store, all of which are hereby made a part of this Agreement. If you have not already read Victory's Terms of Sale, you should do so now.
7. Your Information. You agree to provide accurate, current, and complete information required to register with the Web Store and at other points as may be required in the course of using the Web Store ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Victory may terminate your rights to any or all of the Web Store if any information you provide is false, inaccurate or incomplete. You agree that Victory may store and use the Registration Data you provide (not including credit card account information) for use in maintaining your accounts and billing fees to your credit card account.
8. User Account and Security.
a. Account and Password. As a registered user of the Web Store, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Victory of any unauthorized use of your Account or any other breach of security. Victory shall not be responsible for any losses arising out of the unauthorized use of your Account.
Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
You shall be authorized to use the Products only for personal, noncommercial use.
Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Victory reserves the right to modify the Usage Rules at any time.
Victory reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
9. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Victory may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Victory WITH A VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the checkout process.
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
10. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Victory.
11. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Victory and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Web Store in compliance with the terms of this Agreement. No portion of the Web Store may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Web Store, in any manner, and you shall not exploit the Web Store in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Victory Content or Other Materials. Notwithstanding any other provision of this Agreement, Victory and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Web Store at any time without notice. In no event will Victory be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Victory may also impose limits on the use of or access to certain features or portions of the Web Store, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Web Store and website are owned by Victory and/or its licensors. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. Victory, the Victory logo, VicTorV, and other Victory trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Victory RECORDS, INC. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
a. Termination by Victory. If you fail, or Victory suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Victory with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Victory, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. Victory reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Victory will not be liable to you or to any third party should it exercise such rights.
13. General Compliance with Laws. The Service is controlled and operated by Victory from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
14. Enforcement of These Terms. Victory reserves the right to takes steps Victory believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Victory's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Victory has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Victory believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Victory's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
15. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Victory may provide links to certain third party Web sites. You acknowledge and agree that Victory is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Victory does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Victory is not in any way responsible for any such use by you.
16. Disclaimer of Warranties; Liability Limitations.
a. Victory DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Web Store WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Victory MAY REMOVE THE Web Store FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE Web Store AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE Web Store IS AT YOUR SOLE RISK. THE Web Store AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE Web Store ARE (EXCEPT AS EXPRESSLY STATED BY Victory) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL Victory, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Web Store, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Victory'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. Victory SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Victory HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. Victory DOES NOT REPRESENT OR GUARANTEE THAT THE Web Store WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Victory DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE ONLINE SHOPPING SERVICE THAT ARE STORED IN YOUR SYSTEM.
17. Waiver and Indemnity. BY USING THE Web Store, YOU AGREE TO INDEMNIFY AND HOLD Victory, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE Web Store, OR ANY ACTION TAKEN BY Victory AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Victory, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Victory'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
18. Changes. Victory reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Web Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
19. Notices. Victory may send you notice with respect to the Web Store by sending an email message to the email address listed in your Victory Account contact information, by sending a letter via postal mail to the contact address listed in your Victory Account contact information, or by a posting on the Web Store. Notices shall become effective immediately.
20. Governing Law. The laws of the State of Illinois, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Victory or relating in any way to your use of the Service resides in the courts of the State of Illinois.
21. Miscellaneous. These Terms of Service constitute the entire agreement between you and Victory and govern your use of the Service, superseding any prior agreements between you and Victory. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Victory's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Victory will not be responsible for failures to fulfill any obligations due to causes beyond its control.