Victoria’s Victory Foundation
TERMS OF USE FOR WEBSITE & COMMUNITY MAP
Victoria’s Victory Foundation (collectively, “VVF,” “we,” “us,” or “our”) owns or licenses all rights, title, and interest in and to the website located at www. https://victoriasvictory.org/.com (the “Website”), its subdomains and affiliated websites, and any related software, service, feature, and/or application available thereon (collectively with the Website, the “Service”). These Terms also apply to the community map linked to the Website and located at https://map.victoriasvictory.org/ and made available to you as part of the Service. We have established the following terms and conditions (the “Terms”) with which you must comply when you access or use the Service. All references to “you” or “your” refer to you and the entity on behalf of which you use the Service.
BY ACCESSING THE SERVICE OR SUBMITTING USER CONTENT (AS DEFINED BELOW), YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE OR ACCESS, OR SUBMIT CONTENT TO, THE SERVICE.
From time to time, VVF may without advance notice: (a) supplement or make changes to these Terms and other rules or access and use procedures, documentation, security procedures and standards for equipment related to the Service, or (b) modify or withdraw any Service. All changes to these Terms will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review these Terms. Your use of the Service after a modification to these Terms constitutes your acceptance of the modification.
You should also review our Privacy Policy, the terms of which are incorporated herein by reference and made a part of these Terms.
1. ELIGIBILITY
The Service is available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18 (or the legal age of majority where you reside if that jurisdiction has an older age of majority), then you agree to review these Terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms. You agree to have your parent or guardian review and accept these Terms on your behalf and to link your parent or guardian to your account for use of the Service (if applicable). If you are a parent or guardian agreeing to these Terms for the benefit of a minor, then you agree to and accept full responsibility for that minor’s use of our Service, including all financial charges and/or legal liability that the minor may incur.
2. OWNERSHIP
VVF and its licensors own all information, text, reports, analyses, data, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content (except User Content) contained in the Service, as well as the collection, design, production, selection and arrangement thereof (collectively, the “VVF Material”). We may incorporate third party software (including open source software) as part of the Service, and all such third party software is subject to additional terms (if any) provided by the third party licensor. The names, marks, and logos appearing in the Service (collectively, the “Trademarks”) are owned by or licensed to VVF. The VVF Materials are protected by trademark, copyright, and other intellectual property laws.
You acknowledge VVF’s proprietary rights in the Service and associated VVF Material and shall protect the proprietary nature thereof. If you suggest any improvements, new features, functionality or performance for the Service or VVF Material (“Feedback”), you hereby acknowledges that (i) VVF shall own, and has all rights to use, the Feedback and (ii) all such Feedback is free from any confidentiality restrictions that might otherwise be imposed upon VVF. You hereby assign to VVF all right, title, and interest in, and VVF is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although VVF is not required to use any Feedback.
3. LICENSE
VVF hereby grants you a limited, non-exclusive, revocable, non-sublicenseable, non-transferable license to view and use the Service in accordance with these Terms. If you are a merchant subscriber to our fee-based services provided by VVF via the Service, then this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. You agree to retain all proprietary notices on any copy you make of the VVF Material. This license does not give you any ownership or intellectual property interest in any VVF Material or the Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any VVF Material. All rights not expressly granted to you under these Terms are reserved by VVF.
4. USER IDS.
In order to create an account to use the Service, you may be required to create a unique identification name and password for access to and use of the Service (“User ID”). You shall be solely responsible for ensuring the security and confidentiality of your User ID. You acknowledge that you will be fully responsible for all liabilities incurred through use of your User ID and that any transactions under your User ID will be deemed to have been performed by you. Use of any User ID other than as provided in these Terms shall be considered a breach of these Terms by you.
5. PERSONAL INFORMATION
You may be required to submit information that is personal or which identifies you such as your name, physical address, e-mail address, telephone numbers and other personal information (“Personal Information”) to use the Service. Your Personal Information will be handled in accordance with our Privacy Policy.
6. USER CONTENT
You may submit photographs, images, videos, information, comments, suggestions, graphics, drawings, designs, or other similar materials, including, without limitation, merchants who advertise through the Service (collectively, “User Content”) to VVF via the Service. By uploading or submitting any User Content to VVF, you represent and warrant that you are the original author, owner, or licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. When you submit User Content to VVF, you grant VVF a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free, freely transferable right and license to use, copy, modify, create derivative works of, delete, transmit, publish, display, perform, translate, sell, and distribute the User Content, and to incorporate such User Content into any form or medium now known or hereinafter invented, without compensation to you. No User Content will be subject to any obligation of confidence on the part of VVF.
You agree that disputes arising from an alleged violation of intellectual property rights may result in VVF suffering irreparable harm and that, in the event of such a dispute, VVF may obtain a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
ALL USER CONTENT IS PROVIDED “AS-IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.
7. DELETING YOUR CONTENT
You can delete User Content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. Account deletion does not automatically delete content that you create collectively with other users. It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request.
8. SITE IS A FORUM.
The Service is a communications platform for enabling the connection between individuals who are seeking to make connections with peers with similar lived experiences navigating health and mobility challenges. The Service is merely a forum through which VVF’s users make connections among themselves and, as such, VVF does not have any control over the substance of any communications between users through VVF’s Service. Users agree to make their own decisions and assessments about whether to communicate or interact with any other user. In no way is VVF involved in connections between users and VVF does not independently verify any user.
9. CHILDREN’S PRIVACY
The Service is not designed for or targeted to children under the age of 13, and VVF will never knowingly solicit or collect the Personal Information of a child under the age of 13. If we discover that Personal Information of a child under the age of 13 has been submitted without verifiable parental consent, we will immediately delete such Personal Information.
10. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
VVF is under no obligation to, and does not, scan third party content used in connection with the Service for the inclusion of illegal or impermissible content. However, VVF respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another party’s copyright. It is VVF’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.
Counter-Notification. If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to VVF's designated agent containing the following:
• Your physical or electronic signature;
• 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;
• A statement under penalty of perjury that you have 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
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you are located outside the United States, that you consent to the jurisdiction of any judicial district in which VVF may be found), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Upon receipt of a valid counter-notification, VVF will forward it to the party who submitted the original claim of copyright infringement. The original complaining party will then have ten (10) business days to notify VVF that it has filed a legal action relating to the allegedly infringing material. If VVF does not receive any such notification within ten (10) business days, VVF may restore the material to the Service.
All DMCA notices should be sent to VVF’s designated agent as follows:
Victoria’s Victory Foundation
20 Portsmouth Ave #98
Stratham, NH 03885
Attention: Legal Team
11. PROHIBITED ACTS
The following is a non-exhaustive list of activities that are prohibited in connection with the Service:
criminal or tortious activity, committing fraud or conspiracy, sending sexually-explicit images or obscene materials, gambling, harassment, threatening, stalking, spamming, sending of viruses or other harmful files, intellectual property infringement or trade secret theft, or sending hateful, insulting or discriminatory materials, messages or content;
using any information contained in the Service for purposes of constructing a competing service or otherwise diminishing the value of the Service;
web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Trademarks, VVF Material or other proprietary information of VVF or its licensors and suppliers;
any automated use of the Service or User Content, such as using scripts to add subscribers or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Service;
removing copyright, trademark or other proprietary rights notices contained in or on the Service;
using robots, spiders, or other automated devices to retrieve or index any portion of the Service;
attempting to impersonate another person or entity;
using any information obtained from the Service to harass, abuse, discriminate against or harm another person; or
using the Service in a manner inconsistent with applicable laws and regulations.
VVF reserves the right to investigate and take appropriate legal action against anyone who, in VVF’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities.
12. TERMINATION
VVF may, in its sole discretion, terminate these Terms by discontinuing operation of the Service. VVF reserves the right to terminate your account and prevent you from accessing the Service at any time and for any reason, including, but not limited to, your violation of these Terms or the law. The violation of any of these Terms may result in the immediate termination of your right and license to use the VVF Material and obligates you to immediately destroy any copies of the VVF Material in your possession.
13. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE SET FORTH HEREIN, THE SERVICE and THE VVF MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VVF DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICE, VVF MATERIAL AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. VVF MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.
VVF Material and User Content may contain inaccurate or out-of-date information or typographical or spelling errors. VVF does not make any representations or warranties regarding: (i) the truth, accuracy, completeness, timeliness, legality, or reliability of any VVF Material and User Content; or (ii) any results to be obtained from using the Service or relying on the VVF Material and/or the User Content.
VVF shall not be in default or otherwise liable for any delay in or failure of its performance under these Terms where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond VVF’s control. User acknowledges that the performance of certain of VVF’s obligations may require the cooperation of third parties designated by User and outside the control of VVF In the event such third parties fail to cooperate with VVF in a manner that reasonably permits VVF to perform its obligations, such failures shall be consider as causes beyond the control of the VVF for the purposes of this Section and shall not be the basis for a determination that VVF is in breach of any of its obligations under these Terms or is otherwise liable.
14. LIMITATION OF LIABILITY
YOU USE THE SERVICE AND THE VVF MATERIAL IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VVF SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THE SERVICE, VVF MATERIAL AND USER CONTENT, EVEN IF VVF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT THAT THE FOREGOING DISCLAIMER FAILS ITS ESSENTIAL PURPOSE, VVF’S MAXIMUM LIABILITY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THE SERVICE, VVF MATERIAL AND USER CONTENT WILL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100).
VVF ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. VVF IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
16. ADDITIONAL TERMS
Occasionally, VVF may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Service (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of these Terms.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless VVF and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, and Independent Contractors from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (i) your use of the Service or the VVF Material; (ii) any conduct by you that violates these Terms; or (iii) your infringement of the intellectual property rights of third parties.
18. GENERAL PROVISIONS
These Terms are governed by the laws of State of New Hampshire without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in New Hampshire, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Service.
VVF’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
VVF may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under these Terms. You may not assign your rights or delegate your duties under these Terms without the prior written consent of VVF.
If any provision of these Terms is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of these Terms.
Except as expressly provided elsewhere on the Service, these Terms constitutes the entire agreement between you and VVF with respect to your use of the Service.