Terms of Service / Terms of Use / Terms and Conditions

Last Updated: November 16, 2022

Introduction

The Terms and Conditions, Terms of Service, and Terms of Use (“Terms”) describe how Victory Lap Creative LLC in Tennessee (“Company”, “we”, “us”, and “our”) regulates your use of this website https://www.VictoryLapCreative.com (the “Website”, “Site”). The following Terms of Service cover your use of the website and/or sub-domains collectively and the services that Victory Lap Creative LLC and its subsidiaries and affiliates provide throughout the Site or information or content provided as part of these services (hereinafter referred to as “Services”). Please read the following information carefully to understand our practices and policies regarding your use of the website. The Company may change the Terms at any time without notice. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the website frequently to see the actual version of the Terms and their previous versions.

 

By accessing the website at https://www.victorylapcreative.com, or https://victorylapcreative.com, you are agreeing to be bound by these Terms of Service, applicable laws and regulations. By signing up to our Site and/or Services, you agree to be bound by these Terms and to review and accept our Privacy Policy as well. If you do not agree with these terms, you will be prohibited from accessing or using the site.

Privacy Policy

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the website you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

Your Account and Eligibility

When using the website, you shall be responsible for ensuring the confidentiality of your account, password, and other credentials, and for secure access to your device. You shall not assign your account to anyone other than yourself. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content at any time if it is in violation of our terms.

 

The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the website and services and may not enter into the Terms under any circumstances. By accepting these Terms of Service, you represent and warrant that you have the authority, right, and capacity to agree to and follow these Terms of Service.

 

When you create or login to an account on the site, you will create a unique user account for you on our site. The content and information you provide on the site will become additional Content and Information on the site that you own, and you approve the use of that Content and Information to us in the same accordance with our Terms and Privacy Policy. “Content” and “Information” includes but is not limited to text, graphics, images, photos, documents, and any other information that you communicate, transmit, upload, link to, participate, or record to any third party in any manner through the use of the site and/or services.

 

You agree to:

  1. Keep your password secure and confidential
  2. Use our site and/or services only for the authorized purposes, and not for any other individual or entity
  3. Not use someone else’s account
  4. Not share accounts
  5. Not create an account under a false/fake identity (one that is not yourself)
  6. Not permit others to use your account or the site using your account
  7. Not sell, transfer, or trade your account to another party or entity
  8. Not charge anyone for access to any part of the site, services, or any information or content therein
  9. Follow all the applicable rules and regulations stated in these Terms
  10. Notify us immediately if any breach of security or unauthorized access occurs or is associated with your account.

Products and Services

The website allows you to use Services available on the website. You shall not use the services for any illegal aims.

We may, at our sole discretion, set fees for using the website for you. All prices are published separately on relevant pages on the website. We may, at our sole discretion, at any time change any fees, cancel recurring subscriptions, or cancel services without prior notification.

We may use certified payment systems, which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.

Some of the services and products we offer include but are not limited to:

  • Marketing services
  • Digital marketing services
  • Consulting services
  • Maintenance and manged hosting services
  • Premium Membership, Tools, and Features
  • Web Design
  • SEO
  • Copywriting
  • Email Marketing
  • Reputation Management
  • Listings Management

Premium Features, Memberships, and Services

Some features and tools on the site are only available to premium members who pay a monthly recurring subscription fee. Access to these premium features are based on different pricing tiers.

New features, services, and tools to the Premium Features and Services may be added at any time. Changes to the features, services, and associated fees may be changed at any time without prior notice. For Premium Members, you agree to pay all the applicable fees (including taxes) and provide us with the necessary payment information in order to access and take advantage of the premium features. You also agree to pay any default, late fees, or cancellation fees as a result of the termination of your Premium Membership.

 

There are multiple subscription pricing plans and tiers that are available to users/members which will alter the features, tools, and services that you have access to on the site. Premium Members will be billed monthly. Users and Premium Members are expected to cancel or update their subscription plan(s) in their account settings portal on the site. Victory Lap Creative LLC is not responsible for recurring subscriptions that are not cancelled when a user forgets to cancel, suspend, or deactivate their monthly subscription on their account. It is the customer’s sole responsibility to confirm the cancellation of the recurring subscription. We retain the right to cancel and/or deactivate monthly subscriptions if services or site features are altered with no prior notice.

Some services, projects, and products offered from the Company will be based off an agreed upon proposals and contracts which may have more information detailing the scope of work, fee structure, completion timeline, and more. The terms of the agreements for those services, projects, and products will have additional information that the client or customer is responsible for reading and approving.

 

Billing, Invoices, and Payment Processing

We use Hello Bonsai as our online payment handler, invoicing tool, and processer. We store all of our orders with Hello Bonsai. You can read their Privacy policy and Terms of Service on their website.

 

Victory Lap Creative LLC will never store your private payment information on our platform. The only information we store is data as it relates to accounting and order records. This information will remain in our care in the event that your account is deleted, or removed from the site for our own taxation and accounting purposes. When prompted to input billing or payment information, we send automated invoices with Hello Bonsai to be processed.

Any subscription, order, or billing change will be reflected on the next month’s billing plan, in addition, to that month’s planned charges.

 

Refund Policy

We do not offer refunds. All sales are final. The reason that we do not offer refunds to our customers is due to the fact that we offer a revision period for most products offered. After the one week revision period has passed, no revisions on the delivered product will be allowed and the order will be marked as Complete. Subscription and premium membership plans will not be eligible for refunds as there is no trial or grace period after purchasing and subscribing to those premium membership plans.

 

Third-Party Services

The website may include links to other websites, applications, and platforms (hereinafter the “Linked Sites”).

The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the website.

 

Prohibited Uses and Intellectual Property

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the website from one device in accordance with the Terms. You shall not use the website for any unlawful or prohibited purpose. You may not use the website in a way that may disable, damage, or interfere with the website.

 

All content present on the website includes text, code, graphics, logos, images, compilations, proprietary software, proprietary technology, software used on the website (hereinafter and hereinbefore the “Content”). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, claim ownership of, or in any way use any of the Content. Your enjoyment and use of the website shall not entitle you to make any illegal and disallowed use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

 

Modification of Terms

We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. It is not our responsibility to keep you informed of changes to these Terms. We may choose to notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact, user, and profile information current. Any changes to these Terms or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

 

Some of the modifications that might become effective include but are not limited to site enhancements, upgrades, product and/or service offering changes, discontinuation of features and/or services.

 

Acceptable Use Policy

Your permission to use the Site is conditioned upon the following Acceptable Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
  • knowingly introduce or upload viruses, worms, malware, trojans, or other material which would be technologically harmful to the Site;
  • attempt to gain unauthorized or illegal access to the Site, servers on which the website is stored, or any server/computer/virtual machine/database connected to or used by the Site;
  • request contact to an email address or provide contact information that is not your own;
  • copy, sell, duplicate, modify, alter, or display materials or services we offer;
  • attempt to redistribute, encumber, rent, sell, lease, loan, license, assign, or transfer rights to the Software or Services;
  • modify or create derivate works based on the Software or Services;
  • attempt to probe, scan, or identify vulnerabilities of the Software or any associated system, services, network, or breach any authentication and security measures in place to protect the Site and Software;
  • attempt to circumvent blocks or countermeasures by the Company;
  • purposefully or intentionally place or create orders on behalf of someone else or with someone else’s contact or billing information that is not your own.

Victory Lap Creative software, technology (“Software”), products, and services include the Site and/or Services that are hosted by and accessed over the internet. Victory Lap Creative agrees to provide you with a non-exclusive, limited, non-transferable, personal license to use the Software and Site as explicitly intended by Victory Lap Creative. You may not use the Software or technology in any other fashion.

 

Unauthorized Use Policy

Victory Lap Creative LLC authorizes users to view and gain access to a single copy of the content available on the Site for their personal use. Any and all recommendations, guidance, or advice provided by the Company on the Site and/or Products/Services is for informational purposes and personal use only, and Victory Lap Creative LLC excludes any liability for any action taken by a customer/user based on such recommendations, guidance, or advice.

 

As stated above, individuals are only allowed to access the website with one account using the same email or password. Victory Lap Creative LLC reserves the right to immediately revoke, suspend access, and/or seek legal remedies available for the unauthorized use, misuse, misappropriation, and copying of copyrighted text, software, or site content that has been taken, including but not limited to use on third-party competitor sites, mirrored sites, or illegal duplicates.

 

Usage of Site Content Policy

The contents of the Site such as text, images, graphics, logos, buttons, icons, proprietary technology, proprietary software, and other content deemed “Site Content” is protected under the United States and foreign copyright, in addition to other laws. All such Site Content is the property of Victory Lap Creative LLC, its clients, or the content suppliers. Unauthorized use of the Site Content is strictly prohibited. Users may not sell or modify Site Content to reproduce, perform, distribute, display, or otherwise use the Site Content or products/services for any public or commercial purpose that is likely to cause confusion amongst customers and consumers, discredits or harms the reputation of Victory Lap Creative LLC, its licensors, property, or intellectual rights. Users may not at any time misuse the Site Content.

 

Intellectual Property Policy

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and business names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

 

Customized Content Policy

You acknowledge that the Company may use information and data that you provide to create recommendations or identify content and features or tools that may be useful to use when developing future products, services, and/or content.

 

Posting and Conduct Restrictions Policy

When you create your own personalized account and profile, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service and Site features. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content, Data, and Information. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false or inaccurate;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc. unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  • You understand that all data, suggestions, information, text, documents, software, photographs, artwork, graphics, messages, and any other materials of any nature that are transmitted to or via the Site are the sole responsibility of the person or user from which the information originated;
  • You acknowledge that you are entirely responsible for all the materials and information you transmit through the site and services/products;
  • You shall not upload or publish any materials or content that could be considered indecent, defamatory, libelous, obscene, an invasion of privacy, an invasion of public rights, abusive, harassing, pornographic, threatening, racist, or objectional content that would constitute or encourage criminal offense(s)
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.

 

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

 

Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the law.

If you become aware of misuse of our Service, please contact us at: https://www.victorylapcreative.co/contact-us

 

Links To Other Sites and/or Materials

As part of the Service, the Company may provide you with convenient links to third party web site(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content.

 

Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content.

 

Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or third-party software/applications/content to which you navigate from the Site or relating to any applications you use or install from the site. Victory Lap Creative is not responsible for content on such sites and is provided solely as a convenience to users and customers.

 

Users and customers are solely responsible for both reading and agreeing (or disagreeing) with each of the terms and conditions and/or privacy policies of all third-parties.

 

Links From Other Sites and/or Materials

In the event that a third-party site or material links to the Site or Company, it is not an indication of an endorsement, sponsorship, affiliation, authorization, joint venture, or partnership by or with the Company. Third-websites may link to but not replicate the Company’s content, may not create a browser window with the intent to confuse or deceive users or consumers, may not imply that the Company is endorsing it or its products and/or services, may not misrepresent a relationship with the Company, may not present misleading information about the Company or its Services, may not include content that could be considered distasteful, and should be appropriate for all ages.

 

Copyright Complaints and Copyright Agent

(a) Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service or Site infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company’s designated copyright agent at Victory Lap Creative LLC:

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the laws of Tennessee and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

 

License Grant

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

 

Email May Not Be Used To Provide Notice

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

 

User Consent To Receive Communications and Product Deliverables In Electronic Form

For contractual purposes, you (a) consent to receive communications and product/service deliverables from the Company in an electronic form via the email address you have submitted and used to create your account/profile; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt-out of such email by changing your account settings or sending an email to Victory Lap Creative LLC.

Opting out may prevent you from receiving messages regarding the Company or Special Offers.

 

International Use Policy

The Site is controlled and operated by the Company from its offices in the United States of America. The company makes no representation that the Site, Products, and/or Services offered by the Company are appropriate or available in other locations. Those who use or access the site from within the European Union (EU) are protected by the GDPR, and our Privacy Policy. Users who choose to access the site from other locations outside of the United States do so of their own initiative and are responsible for complying with local laws. You agree to comply with all export laws and regulations.

 

Submission of Materials, Information, and Feedback

The Company does not claim ownership in Materials or Information you submit through the site and/or services to the Company. In addition to other provisions in these Terms, you automatically grant and provide the Company a royalty-free, irrevocable, worldwide, assignable, non-exclusive right and license to use, reproduce, copy, modify, adapt, edit, translate, publish, create derivative works from, distribute, transmit, publicly display, or publicly perform such materials for the purpose of displaying or promoting the Materials and Information on the Site operated by and/or related to marketing materials produced by the Company and its affiliates.

 

In addition to other provisions in these terms, you grant the Company permission to create a royalty-free, worldwide, assignable, non-exclusive right and license to use, reproduce, copy, modify, adapt, edit, translate, publish, create derivative works from, distribute, or transmit the materials to employees of the Company, third-party freelancers, third-party contractors, and/or third-party clients to appropriately render services or draft products and goods on behalf of the Company and its affiliates.

 

Upon your payment of fees as outlined above in these Terms, the Company grants you a non-exclusive, non-sublicensable right, and non-exclusive right under the Company’s intellectual property to use any materials that have been drafted by the Company specifically for you and your order. This license is strictly limited to non-commercial and/or personal use by you.

We hold all of the rights to use all feedback comments or ratings about our services and/or products for marketing or promotional purposes. In the event that any feedback or ratings are used in promotional or marketing campaigns, we hold the right to use user first names and individual feedback comments. We will keep all other personal information and order information confidential in marketing and promotional materials.

 

The Company Materials

By posting, uploading, inputting, providing or submitting your Content and Information you are granting the Company to use your Content and Information in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content and Information; and to publish your name in connection with your Content and Information.

 

No compensation shall be paid with regard to the use of your Content and Information that you provide. The Company shall have no obligation to publish or use any Content and Information you may send us and may remove your Content and Information at any time.

 

By posting, uploading, inputting, providing or submitting your Content and Information you warrant and represent that you own all of the rights to your Content and Information.

 

Warranty

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR UPLOADING OF FILES, INFORMATION, CONTENT TO THE SERVICE/SITE, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. THE COMPANY MAKES NO GUARANTEE OR GIVES NO WARRANTIES REGARDING THE EFFECTIVENESS OR TIMELINESS OF OUR PRODUCTS/SERVICES IN MEETING YOUR PROFESSIONAL OR EMPLOYMENT NEEDS. THE COMPANY DOES NOT GUARANTEE THAT THE PRODUCTS AND/OR SERVICES WILL RESULT IN YOU BEING HIRED OR INTERVIEWED, POSITIONS BEING FILLED, OR BECOMING EMPLOYED. THE COMPANY IS NOT RESPONSIBLE FOR ANY EMPLOYMENT, INTERVIEW, BUSINESS, HIRING, SALARY, AND/OR COMPENSATION DECISIONS THAT YOU MAKE.

 

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. YOU AGREE THAT USE OF THE SITE, PRODUCTS, AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.

VICTORY LAP CREATIVE LLC MAKES NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY FO THE CONTENT ON THE SITE, PRODUCTS, AND/OR SERVICES OR THIRD-PARTY SITES LINKED TO THE SITE. VICTORY LAP CREATIVE LLC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS, INACCURACIES OF CONTENT, MISTAKES, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS, AND/OR SERVICES. VICTORY LAP CREATIVE LLC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURED SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. VICTORY LAP CREATIVE LLC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CESSATION OF SERVICES OR PRODUCT OFFERINGS DUE TO POTENTIAL BUGS, TROJAN HORSES, MALWARE, BUGS, MALICIOUS ATTACKS, OR SIMILAR WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE AND/OR SERVICE BY ANY THIRD-PARTY. VICTORY LAP CREATIVE LLC ASSUMES NO RESPONSIBILITY OR LIABILITY DUE TO LOSS OR DAMAGE TO CONTENT, DATA, PRODUCTS AND/OR SERVICES (WHETHER STORED THROUGH THE SITE’S PERSONAL DATABASES OR OTHERWISE), OR ANY LOSS OR DAMAGE OF ANY KIND THAT IS INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, EMAILED, OR MADE AVAILABLE ON THE SITE, PRODUCTS, AND/OR SERVICES.

 

If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

Disclaimer of Certain Liabilities

The information available via the website may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

 

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the website. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

 

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the website in the context of the inability or delay to enjoy the website or its services, or for any Content of the website, or otherwise arising out of the enjoyment of the website, based on contract and non-contract liability or other reason.

 

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

 

Indemnification

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the website or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.

 

At no point or event shall Victory Lap Creative LLC or its suppliers be liable for any damages (including without limitation, damages for loss of data or profit, or due to interruptions) arising out of the use or the inability to use the materials on Victory Lap Creative’s website.

 

Termination and Access Restriction

The Company may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms. The Company may terminate your accounts and access to the website or any part at any time in the event that the Company is requested or required to do so by any court with competent jurisdiction or appropriate government authority in any country. You agree that the Site, Services, and/or Products offered by Victory Lap Creative are not an indefinite information repository and therefore Victory Lap Creative may deactivate or delete your user account along with any associated or related data, information, files, content, and prevent further access to such data, information, files, and content. This action might include the discontinued use of or access to the site without refund(s) or compensation.

 

Miscellaneous and Dispute Resolution

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the website in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the website.

 

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the website.

 

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

 

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.

 

Dispute Resolution and Agreement to Arbitrate

Most issues or disputes that occur between the Company and the users can be quickly resolved by contacting us through our contact form or contact methods on the Site. You and the Company agree that any and all disputes, controversies, claims, or demands relating to the website, related issues, or the Terms shall be resolved exclusively through final and binding arbitration, rather than in court.

 

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the website or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good-faith negotiation, and in case of failure of such negotiation, exclusively through the use of arbitration.

 

Complaints

We are committed to resolving any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us through our website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

 

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

 

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the laws of Tennessee, without regard to conflict of law provisions.

 

The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you are void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE/SERVICE/CONDITIONS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://www.VictoryLapCreative.com REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

Contact Information

We welcome your comments or questions about our Terms. If you find or report a violation of these Terms, please get in touch with us. You may contact us through the contact information and contact us form available on our website.