1. Acceptance of Terms of Service
Transon Media LLC dba Victorious (“Victorious”) provides search engine optimization, content writing, and website development services (“Service” or “Services”). To protect the interests of all customers and to ensure optimal service levels, Victorious provides the following Terms of Service (“TOS”) for customers as a guide to customer rights and responsibilities when utilizing Services offered by Victorious. Use of any Service offered by Victorious by any customer will constitute acknowledgment of and agreement to the TOS outlined in this document. These Terms and Conditions of Use also apply to the Victorious website located at www.victoriousseo.com, and all other sites linked to www.victoriousseo.com. Those sites are the property of Victorious. Victorious, may revise this TOS in part or in full at any time without notice to the customer. If you, the customer, do not agree to these TOS, do not use the Service. You agree to these terms, in addition to those listed in the contract upon acceptance and payment of services is rendered.
3. Prohibited Activities
The following is a partial list of the kind of Content and activity that is prohibited on any website and through the use of the Services. Victorious, reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by the customer, or to restrict, suspend, or terminate customer’s access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe customer is in violation of this provision. Victorious, further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities.
Customer agrees to not:
- Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable
- Impersonate any person or entity, including, but not limited to, a Victorious, official, forum leader, guide or host, or falsely state or otherwise misrepresent any affiliation with a person or entity
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
- Upload, post or otherwise transmit any Content that customer does not have a right to transmit under any law or under contractual or fiduciary relationships
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party
- Upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”
- Upload, post 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
- Misuse system resources with activities designed to cause harm to or monopolize the resources or capacity of any server or hardware component of the Victorious, network. This includes, but is not limited to, the use of programs that consume excessive CPU time
- Intentionally or unintentionally violate any applicable local, state, national or international law
- Offer for sale or sell any item, good or service that violates any applicable federal, state, or local law or regulation, or customer does not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations
- Solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes
- Use a Victorious, website solely as a remote storage server and allow another website or hosting server to link to Content files stored on Victorious, servers
- Upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context
- Send unsolicited email (spam) from a Victorious server or reference a domain hosted by Victorious in any spam, whether originating from the Victorious network or not, Victorious maintains an excellent reputation as a zero-tolerance provider due to swift action on spam complaints.
Complaints regarding spamming are investigated thoroughly by Victorious. Should abuses be found, Victorious reserves the right to immediately and without notice terminate the offending account and/or modify our services as a whole to ensure compliance with reasonable and acceptable email practices.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the site or to any Victorious’ servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Victorious, including any Victorious account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site.Any activity not defined above but judged by Victorious, to be harmful to other customers or general operations of the network will be addressed on a case-by-case basis.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of Victorious Violation of any of these policies may result in tracking information being stored to identify the offending customer and permanent restriction from holding an account on the Service.
4. International Use
Recognizing the global nature of the Internet, customers agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, customers agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the customer resides.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to www.victoriousseo.com may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
6. Links to Other Sites and to the Victorious Site
This marketing websites and products may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Victorious control, and Victorious is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
7. Service and Reporting
Victorious reserves the right to refuse, cancel, or suspend Service at its sole discretion. All customers, direct or indirect via resold account and all sub-networks and subsidiaries are subject to this TOS.
Any violations of the TOS may be reported via email to firstname.lastname@example.org or via postal mail to:
550 15th St.
San Francisco, CA 94103
8. Advertising Use
Victorious may use customer websites as samples in advertising and other promotions. Additionally, Victorious may provide links to other approved vendors for which it may receive compensation as a result of traffic and/or transactions that ensue.
9. Copyright Information
This document and all portions of the Victorious, website, including images, text, and scripts where ownership is not held by third parties are copyrighted by Victorious,. No portion of this website or the Content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of Victorious Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property. Violations of the copyright held by Victorious, on any material from this website may be reported to email@example.com
The customer takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased. Victorious, shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the customer or through the Service.
Client agrees to indemnify and hold Victorious and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Customer’s Content, use of or connection to the Service, violation of these TOS, or violation of any rights of another.
You agree that Victorious may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
You agree to abide by Victorious’s copyright infringement claims policy. You also agree that Victorious may, in its sole discretion and without prior notice, disable or deactivate all, or relevant portions of, your Site alleged to be in violation of the Victorious copyright infringement claims policy. All Victorious customers whose content is disabled or deactivated will receive a notice of copyright infringement, and may provide Counter Notification by emailing firstname.lastname@example.org and including the following: a) an electronic signature of the Customer; b) 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; and c) a statement under penalty of perjury that the Customer has 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 stating the reasons for this belief. Upon receipt of a Counter Notification, as described above, Victorious shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Complaining Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Victorious will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Victorious first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Victorious system or network.
13. Limitation of Liability
Victorious, WILL NOT 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 Victorious, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
14. DISCLAIMER OF WARRANTIES
CLIENT’S USE OF THE WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT CLIENTS SOLE RESPONSIBILITY AND RISK. THE WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Victorious, AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
Victorious, AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE WEBSITES OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET CLIENTS REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS, WILL BE CORRECTED, OR THAT THE WEBSITES, OR THE SERVER THAT MAKES THE WEBSITES, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Victorious, MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE WEBSITES, OR CLIENT WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO CLIENT’S WEBSITE; OR (C) THE COMPATIBILITY OF CLIENT’S CODE OR ANY OTHER CODE WITH ANY Victorious, TECHNOLOGY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT CLIENT’S OWN DISCRETION AND RISK AND CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM Victorious, OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE WEBSITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. Victorious IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE WEBSITES, PLATFORM, APPLICATIONS OR WEBSITES.
15. Law and Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning the Services, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration with ADR Services, Inc., in San Francisco, California or such similar service if ADR Services, Inc., is no longer in business. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of the Services.
16. Void Where Prohibited
Victorious administers and operates the www.victoriousseo.com, sites from its locations in the USA. Although these Sites are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Victorious reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
17. Feedback and Information
Any feedback you provide shall be deemed to be non-confidential. Victorious shall be free to use such information on an unrestricted basis.