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Small Victories Terms & Conditions

Last updated May 10, 2016

Small Victories, a service offered by XXIX LLC ("XXIX", "us", or "we"), offered through the Small Victories sites, including https://www.smallvictori.es, as well as our mobile sites and native apps (together as the "Sites"), provides a light-weight content management system (a CMS) as a service (i.e. a CMSaaS) that allows its users to easily create and update websites (the "Services", as further defined below).

This Terms & Conditions ("Agreement"), including the Small Victories Privacy Policy which is hereby incorporated into this Agreement by reference as if it were fully set forth herein, is a contract between you and XXIX and sets forth the legally binding terms for your use of the Services.

If you sign up for additional features and services that are governed by additional terms and conditions, we will inform you accordingly when you sign up for these additional features and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference.

Please read this Agreement carefully before using the Services or parts thereof. This Agreement is a legally binding agreement between You (as defined below) and XXIX.

By accessing and using the Services, you will comply with and be bound by this Agreement, whether you are visiting the Sites ("Visitor") or you are a "Member" (which means that you have created an Account, as defined below). The term " User" refers to both Visitors and Members (you, together with XXIX are sometimes referred to as the "Parties"). XXIX reserves the right to change, update or modify this Agreement at any time without prior notice. Any such changes will be binding upon you immediately upon their publication to this webpage or to another webpage designated within the reasonable discretion of the company as the successor webpage to this webpage. As a result, you should review this Agreement every time you use any of the Sites. If you do not agree to the terms of this Agreement, you may not use the Sites.

Definitions

"Content" means any work of authorship or information, including Employment Information, comments, opinions, postings, messages, text, files, images, photos, videos, works of authorship, e-mail or other materials.

"You" or "Your ,"whether or not capitalized, means either you personally or the organization, whether or not incorporated and organized under the laws of any applicable jurisdiction, on behalf of which you are utilizing the Services, whether as a Visitor, Member or otherwise, as applicable.

Your Small Victories Account

In order to utilize certain parts of the Services (and to become a Member), you must create an account on the Sites (“Account”). In order to create an Account you must provide certain information to us (“Account Information”). Any Account you have created by registering on the Sites may be deleted without warning for any reason or no reason, for example, if in our sole discretion you breach any term, representation or warranty of this Agreement or any representation or warranty you make is inaccurate.

Credentials

When you sign up to become a Member, you will also be asked to use a pre-existing digital account (e.g. Dropbox, OAuth) to use with your Account. You are entirely responsible for maintaining the confidentiality of the password and other access credentials associated with this account. You may not and will not use the Account or access credentials another Member at any time. You will notify us immediately if you suspect any unauthorized use of your Account or access to or use of your credentials. You are solely responsible for any and all use of your Account including activities by other persons.

Term and Termination

This Agreement shall remain in full force and effect starting upon your first use of the Sites or Services until termination subject to the provisions of this Agreement. For information on deleting your Account please refer to the section entitled "Choices Regarding Your Information" in the Privacy Policy. If you terminate your Account but continue to use the Services as a Visitor your use of the Services is still subject to this Agreement. Unless XXIX has terminated your Account, pursuant to the provisions of this Agreement, you can create a new Account by registering and providing new Account Information. We may terminate your Account for any or no reason at any time by ceasing to provide the Services to you. You understand that termination of this Agreement and the Account you have created with us may involve deletion of your Account information from our live databases. We will not have any liability whatsoever to you for any termination of your Account nor related deletion of your information. Deletion of your Account Information, including your Personal Information (as defined in the Privacy Policy) is dictated by the Privacy Policy and will be performed at a time and manner within the sole discretion of XXIX unless otherwise required by applicable law.

Your Grant and Use of the Services Generally

We do not claim ownership in any content that you upload, provide, make available or otherwise transfer or upload ("post") on or to the Services but in order to legally provide our Users with the Services we must have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights as set forth in the section entitled XXIX Content (as defined below) to the Content that we (or our licensors) own and use to provide the Services to you and other Users. By posting any Content to the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. XXIX reserves the right to aggregate your Content with the Content of other Users and publish reports, press releases, articles or other publicly available media in any manner it may choose, which such manner may consist of inclusion of your Content in such publicly available media on an anonymized basis. No compensation will be paid or is required with respect to this grant. You should only post Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein.

XXIX Content

The Services contain Content provided by us and our licensors ("XXIX Content"). We and our licensors (including other Users) own and retain all proprietary rights in the XXIX Content and we own and retain all property rights in the Services. Provided you are a User, and subject to the terms and conditions of this Agreement, XXIX hereby grants you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print XXIX Content from the Services solely for your personal use in connection with using the Services. Nothing in this Agreement shall be interpreted to grant any licenses in any XXIX Content aside from those explicitly granted herein.

Content from Users

Content from third parties, including Users (“User Content”) and advertisers (together as “Third Party Content”) is made available to you through the Services. Because we do not control Third Party Content, (a) we are not responsible for any such Third Party Content, including advertising and information about third party products or services, provided by other Users or otherwise and (b) we make no guarantees about the accuracy, currency, suitability or quality of the information in such Third Party Content and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content made available by other Users, advertisers and third parties. XXIX cannot be held liable for User Content because, pursuant to Section 230 of the Communications Decency Act (47 USC 230), XXIX is not the “publisher” or “speaker” of such User Content. Additionally, neither the terms of this Agreement or the Privacy Policy apply to User Content.

Responsibility

Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the other User or advertiser. You acknowledge that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Services. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users. You are solely responsible for Content you post to the Services and its accuracy. XXIX takes no responsibility and assumes no liability for any Content posted to the Services by you or any third party.

XXIX Member Interaction

You will not use any information obtained from the Services in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of communications which a Member may send to other Members using the functionality of the Services. Violations of this Section may result in the termination of your Account by XXIX.

Acceptable Use and Prohibited Conduct

You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.

Prohibited Content

You will not post any Prohibited Content or use any Prohibited Content in connection with the Services. "Prohibited Content" is Content that:

  1. (i)is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is pornographic or sexually explicit in nature;
  2. (ii)bullies, harasses or advocates stalking, bullying or harassment of another person;
  3. (iii)involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
  4. (iv)is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  5. (v)promotes, copies, performs or distributes an illegal or unauthorized copy of another party or person's intellectual property, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices or providing pirated music, videos or movies or links to such pirated music, videos, or movies;
  6. (vi)is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner or solicits personal information from anyone under eighteen (18);
  7. (vii)provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses or other harmful code;
  8. (viii)solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
  9. (ix)except as expressly approved by us, involves, promotes or solicits for commercial activities provided by yours or of a third party;
  10. (x)promotes contests, sweepstakes, barters, advertising or pyramid schemes;
  11. (xi)contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or similar software;
  12. (xii)contains information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or
  13. (xiii)therwise violates the terms of this Agreement or creates liability for us or is otherwise unacceptable within our sole discretion.

Prohibited Conduct

You will not:

  1. (i)reproduce, modify, publish, transmit, distribute, publicly perform or display, sell or create derivative works based on the Services or the XXIX Content;
  2. (ii)rent, lease, loan or sell access to the Services;
  3. (iii)cover or obscure any banner advertisements on the Services or any XXIX page via HTML/CSS, scripting or any other means;
  4. (iv)introduce software or automated agents to the Services or access the Service so as to produce multiple accounts, generate automated messages or to strip or mine data from the Services;
  5. (v)interfere with, disrupt or modify any data or functionality of the Services;
  6. (vi)use the Sites to solicit the performance of any illegal activity or other activity which infringes, misappropriates or otherwise violates the rights of XXIX or others;
  7. (vii)use the Sites in any manner that could damage, disable, overburden or impair any server or the network(s) connected to any server or interfere with any other party's use and enjoyment of the Sites;
  8. (viii)attempt to gain unauthorized access to the Sites or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means;
  9. (ix)obtain or attempt to obtain any materials or information not intentionally made available to you through the Sites;
  10. (x)frame the Sites or any portion thereof without the prior written consent of XXIX;
  11. (xi)use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology or reverse-engineer or use any similar and/or manual process, to access, acquire, catalog, store, reproduce, distribute or monitor any portion of the Sites or in any way reproduce or circumvent the navigational structure or presentation of the Sites;
  12. (xii)take any action to interfere with, or disrupt the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under this Agreement;
  13. (xiii)mislead XXIX or third parties as to the origin of any Content that you or another person posts to the Sites;
  14. (xiv)impersonate another User or person, including any of our employees or use a false identity or use a false e-mail address when creating an Account; or
  15. (xv)remove any copyright, trademark or other intellectual property right notices contained in the Sites.

User Representations

You represent and warrant that:

  1. (a)all information you provide to us, through the Sites or otherwise, including registration information and Account Information, is truthful and accurate;
  2. (b)you will maintain the accuracy of such information;
  3. (c)if you are using the Services on your own behalf, you are eighteen (18) years of age or older upon registration, and if you are using the Services on behalf of a Company, you are fully authorized by such Company to enter into this Agreement on its behalf and that this Agreement is binding upon the Company;
  4. (d)your use of the Services is not and will not be defamatory, libelous or infringe the intellectual property rights, including but not limited to trademarks, copyrights patents, trade secrets, publicity rights, privacy rights and moral rights, of any third party;
  5. (e)you own or otherwise have the right to post your Content without seeking the permission of a third party, or if such permission is necessary you have obtained it;
  6. (f)you have the right to grant the licenses set forth in this Agreement;
  7. (g)your use of the Services does not and will not violate any applicable law, order or regulation or any other obligation (including contractual obligation) you might have towards third parties or imposed upon you by law, contract or otherwise; and
  8. (h)by providing or posting your Content, you do not violate any confidentiality, non-disclosure or contractual obligations you might have towards a third party.

Lawful Use

You will use the Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Services are for the use of Users only as consistent with this Agreement, the Privacy Policy and any other agreement we explicitly incorporate into this Agreement by reference. Commercial advertisements, affiliate links and other forms of solicitation not consistent with this Agreement and the Privacy Policy may be removed from your Content without notice and may result in suspension or termination of your Account.

Enforcement by XXIX

XXIX has the right, in its sole discretion, to monitor any and all use of the Sites to the extent permitted by applicable laws, rules or regulations. Any use of the Services in violation of this Agreement, as judged in the sole discretion of XXIX, may result in, among other consequences, termination or suspension of your rights to use the Services. We may disclose information about your use of the Services in accordance with our Privacy Policy. We have the right (but not the obligation) to review any Content and delete or takedown any Content that in our sole discretion violates this Agreement or which is Prohibited Content or may otherwise violate the rights, harm or threaten the safety of any User or any other person or create liability for us or any User or for any other reason within our reasonable discretion. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Services, terminating your membership and Account, reporting you to law enforcement authorities and taking legal action against you. You are solely responsible for creating backup copies of and replacing any Content you post on the Services at your sole cost and expense.

Third Party Websites and Content

The Services may contain links to third-party websites ("Third-Party Websites") (a) placed by us as a service to those interested in this information or (b) posted by other Members. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. Unless otherwise explicitly indicated, to the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website.

This Agreement and the Privacy Policy do not govern any activity outside of the Sites. We are not responsible for the content, security, availability, accuracy or practices of any Third-Party Website or Third Party Content and expressly disclaim any responsibility for malware, worms, time bombs, bots or any other harmful or deleterious programs or materials in said links or Third-Party Websites or Third Party Content. You assume all risk and responsibility if you click on a link on the Sites that leads you away from the Sites.

Disclaimer of Warranties

XXIX endeavors to secure its sites by utilizing commercially reasonable security practices but it cannot guarantee that its services will be error-free or completely secure. XXIX will attempt to provide the Services without interruption but the sites and all information, content, materials, products (including any software) and other services included on or otherwise made available to you through the Services are provided by XXIX on an "as is" and "as available" basis unless otherwise specified in writing. XXIX does not guarantee that you will be able to access the Services at any time of your choosing.

To the fullest extent permitted by applicable law, none of XXIX nor any of its employees, owners, officers, directors, members, managers, partners, spokespersons, affiliates, agents, suppliers, sub-contractors or licensors, including their predecessors, successors and assigns (together as the "XXIX Parties") make any warranties of any kind and each of the XXIX Parties disclaim all warranties, oral or written, express or implied, as to the information, content, materials, products (including any software) or other services included on or otherwise made available to you through the Sites or Services or any warranties arising from course of dealing, course of performance or otherwise including any warranties of merchantability, fitness for a particular purpose, conformity to any representation or description, warranties that the Sites or Services are completely secure, error-free or the information or content contained thereon accurate, or warranties of non-interruption, non-interference or non-infringement, unless otherwise specified in writing.

XXIX is not responsible for any of the actions or omissions of its Users, Members or Visitors, including the content of their posts to the Services.

XXIX reserves the right to terminate your access to the sites at any time without cause or notice.

Availability and Accuracy of the Sites

You acknowledge that access to the Services will be provided over various facilities and communications lines and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches and other devices (collectively, "carrier lines") owned, maintained and serviced by third-party carriers, utilities and internet service providers, all of which are beyond XXIX's control, including through Dropbox (whether through Dropbox Ireland, Dropbox Inc. or otherwise). XXIX assumes no liability for or relating to the integrity, privacy, security, confidentiality or use of any information while it is transmitted on the carrier lines or any delay, failure, interruption, interception, loss, transmission or corruption of any data or other information attributable to transmission on the carrier lines. Use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.

Except as expressly required under the Agreement to the extent permitted by law in no event will XXIX be liable for failing to provide the Sites or Services under any theory of liability, whether in contract, tort, strict liability or otherwise.

XXIX takes no responsibility for and disclaims any and all liability arising from any inaccuracies or defects in the communication lines, the internet or your internet service provider ("isp"), computer hardware or software or any other service or device that you use to access the Sites or Services.

Limitation of Liability

It is expressly agreed that in no event shall XXIX be liable for any special, indirect, consequential, or exemplary damages, including but not limited to, reputational harm and any consequential damages therefrom, loss of profits or revenues, interruption of business, loss of use, or consisting of, arising from or relating to loss of information or data whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. XXIX disclaims any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the sites. You expressly agree that your use of the Services is at your sole risk.

XXIX will not be liable for any damages of any kind arising from the use of any XXIX Services, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any of the Services, including all direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.

Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that our liability to you for any damages arising from or related to your use of the Services (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the less of your actual damages and one hundred U.S. dollars ($100).

Because some jurisdictions do not allow the exclusion or limitation of certain warranties, conditions or categories of damages, certain of the above exclusions or limitations may not apply to you. In such jurisdictions, XXIX's warranties, conditions and liability are limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless XXIX and our affiliates, subsidiaries, directors officers, members, managers, owners, spokespersons, and agents, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (a) your use or misuse of the Services; (b) any breach by you of any representations, warranties, covenants or agreements contained in this Agreement; (c) the actions of any person gaining access to the Services under a user identification or account assigned to or created by you; (d) the actions of anyone using a user identification or account, password or other unique identifier assigned to you that adversely affects the Services or any information accessed through the Services, including but not limited to a security breach; and (e) your negligent or willful misconduct.

DMCA Notice

You acknowledge that, pursuant to the Digital Millennium Copyright Act ("DMCA"), XXIX may respond in accordance with the requirements of the DMCA to "take-down" notices from third parties that allege that the inclusion in or our Services or on XXIX systems of information which you provide violates their copyrights. In so doing, XXIX may elect to remove (or require you to remove) such allegedly infringing information from the Services and/or XXIX systems unless you object to the allegation of infringement, in which case XXIX in its sole discretion may elect to maintain or restore the allegedly infringing information to the Services and/or XXIX systems pending the outcome of litigation which you may institute against the alleged copyright owner pursuant to the DMCA. You will cooperate fully with XXIX to assure compliance with the DMCA upon receipt by XXIX of any "take-down" notice issued by any third party and in so doing to promptly inform XXIX whether you object to any such "take-down" notice and, if so, whether you will institute litigation to challenge the allegations of copyright infringement.

Notice and Procedure for Making Claims of Copyright Infringement

XXIX respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide XXIX's copyright agent the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work or works that you claim have been infringed upon;

• A description of where the material that you claim is infringing is located on the site;

• Your address, telephone number and e-mail address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

XXIX's Copyright Agent for notice of claims of copyright infringement on the XXIX's Sites can be reached as follows:

XXIX LLC
411 E 9th Street
storefront east
New York, NY 10009

ATTN: DMCA Copyright Agent

Email notifications may be sent to [email protected]

Please note that this procedure is exclusively for notifying XXIX that your copyrighted material has been infringed.

Amendments

We reserve the right to update or modify this Agreement or Privacy Policy at any time without any prior notice. As a result, you should review this Agreement and Privacy Policy every time you use any of the Services. Your continued use of the site constitutes acceptance of any changes to this Agreement and the Privacy Policy. If we make material changes to the Agreement or the Privacy Policy, we may, within our sole discretion or as otherwise required by law, notify you by sending an e-mail to your e-mail address, as specified in your Account or by posting a notice of such change to the Services. When we change this Agreement or the Privacy Policy, we may post those changes to this page and the Privacy Policy webpage, respectively, as well as any other places we deem appropriate.

Force Majeure

Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

Release

To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arises from (i) the actions, including the Content of any posts, of other Users, (ii) any of your interactions with other Users, or (iii) your participation in any of our offline events.

Governing Law, Arbitration and Waiver of Class Action

This Agreement shall be governed by the internal laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. For any disputes not subject to the arbitration provisions below, you will to submit to the personal jurisdiction of the state courts located within New York County and the Federal courts in the Southern District of New York.

By entering into this agreement, you and XXIX are each waiving the right to trial by jury or to participate in a class action lawsuit. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration on an individual basis. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties.

The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; d) the arbitrator may award any remedy available under applicable law or at equity; and e) each Party shall bear their own expenses at arbitration, except that a prevailing party shall be entitled to recover reasonable legal fees, costs, and expenses incurred as part of the arbitral proceeding. You hereby affirmatively consent to the dispute resolution and arbitration process described herein and waive all defenses or objections thereto, whether based on personal jurisdiction, forum, venue, service, or otherwise. Any and all personal appearances related to arbitration will take place in New York County, New York. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or in response or anticipation to any of your breaches of this Agreement in any court of competent jurisdiction.

YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT BY AGREEING AND ACCEPTING THIS TERM, YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST XXIX.

Entire Agreement

This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings (written or oral) of the Parties in connection herewith.

No Oral Modification

This Agreement shall not be revoked, rescinded, amended, or modified as to any of its terms or conditions except by a writing signed by the Parties hereto.

Assignment

This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, administrators, executors, successors and assigns. You may not assign this Agreement without the prior written consent of XXIX and any attempt to make any assignment without such prior written consent shall be null and void ab initio. XXIX may assign this Agreement to any party. XXIX may assign this Agreement to an affiliate, parent or subsidiary or to any purchaser of substantially all the assets of equity of XXIX including subject to a company sale, merger, reorganization or similar transaction, provided that such successor entity agrees to be bound by all material terms and conditions of this Agreement. Subject to the preceding sentence, this Agreement shall bind each party and its permitted successors and assigns. No provision of this Agreement shall be deemed to restrict the absolute right of XXIX at any time to sell or dispose of all or any part of its assets, or to reconstitute the same into any one or more subsidiary entities and to merge, consolidate, sell or otherwise dispose of said subsidiary entities or any assets thereof.

No Waiver

The failure of any Party at any time or times to require performance of any provision hereunder shall in no way affect the right of such Party at a later lime to enforce the same. The rights and remedies conferred upon the Parties hereto shall be cumulative, and the exercise or waiver or any such right or remedy shall not preclude or inhibit the exercise of any additional rights or remedies. The waiver of any right or remedy hereunder shall not preclude the subsequent exercise of such right or remedy.

Counterparts

This Agreement may be executed by counterparts, including digital counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement may be executed by digital signature, or other digital process, including by any Party "clicking" the Accept button present on the a website or other digital site displaying this Agreement.

No Third Party Beneficiaries

Nothing in this Agreement shall confer any rights, either express or implied, upon any person or entity, other than the Parties hereto and their respective successors, permitted assigns, heirs, executors, personal representatives, administrators, and legal representatives.

Severability

If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability and all other terms hereof shall remain in full force and effect. To the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

Interpretation

The headings of the sections contained in this Agreement are solely for convenience or reference and shall not affect the meaning or interpretation of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Prevailing Party

In any court action at law or equity that is brought by one of the Parties to enforce or interpret the provisions of this Agreement, the prevailing Party will be entitled to reasonable attorney's fees, in addition to any other relief to which that Party may be entitled.

Notices

Any notice to be given under this Agreement shall be given, if to you, to the information provided by you when you registered your Account, and if to XXIX, to [email protected]
, or at any other notice address provided by either Party to the other Party in writing.

Copyright/Trademark Information

Copyright © 2016 XXIX LLC. All rights reserved. XXIX™ is a trademark of XXIX, Inc. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party who may own the Mark.

Privacy Policy

This Privacy Policy was last updated May 12, 2016.

This policy describes the personal information collected by XXIX LLC ("XXIX," "we" or "us") on its sites, which include but are not limited to https://www.smallvictori.es, as well as our mobile sites and native apps (together as the "Sites"), why we collect it, how we use it, and when we share it with third parties. The policy also covers the online experiences and services provided by XXIX through the Sites (the "Services"). By visiting the Sites, registering as a member, or using the Services, you acknowledge and accept the practices and policies outlined in this privacy policy ("Privacy Policy"). Unless otherwise defined herein, capitalized terms shall have the meanings assigned to them in the Small Victories Terms & Conditions, which can be found at Terms & Conditions and which incorporate this Privacy Policy by reference. If you do not agree to the terms of this Privacy Policy or the Terms & Conditions, you may not use the Sites.

"Personal Information" is information that is personally identifiable such as names, addresses, e-mail addresses, personal URLs, photographs, phone numbers and credit card numbers. We collect and use Personal Information as described in this Privacy Policy from the Users of our Services.

By using the services or submitting personal information through the services, you expressly consent to the processing of your personal information according to this Privacy Policy. Your personal information may be processed in the country where it was collected as well as other countries (including the United States) where laws regarding processing of personal information may be less stringent than the laws in your country.

Information We Collect and Opting Out of Automatic Collection

We collect the following information that you submit to us voluntarily:

• Our Member registration process to create an Account requires you to provide us with your e-mail address and a username and password of your choice.

• As you use the Services, certain information may also be collected passively, including your Internet protocol (IP) address and the browser that you use to visit the Site. XXIX may also use "cookies," "pixel tags" and other tracking technologies, to enable functionality on our websites, as well as a variety of other ways to enhance or personalize your online browsing. XXIX may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) for a variety of tasks, for instance, to store your login information (if any) and your personal preferences for the Services. Pixel tags in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. These technologies may also be used to collect information about your visit, including the pages you view, the features you use, the links you click, other actions you take in connection with the sites and our online ads.

• We also work with third-party companies that use their tracking technologies (including cookies and pixel tags) on our websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications and use this information to determine which ads you see on third-party websites and applications.

• You have the option to set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you may not be able to access your account information and certain parts of the Services may not function as effectively or at all.

• Please note that even if you opt-out, ad tracking technologies may still collect data and you will still see ads, but they will not be targeted based upon the information collected through these tracking technologies.

• We may combine the information we collect through these various technologies with other information we have collected from and about you and use it as described in this policy.

Information Collected from Other Sources

We may receive Personal Information about you from outside the Sites, for instance, from third parties that provide services for us that are related to the Services. We may add this information to the information we have already collected from you via our Services.

Use of Information We Collect

In general, information (including Personal Information) we collect is used by us to provide you and other Users with the Services, respond to requests that you make, including performing technical support, to improve the Sites and Services, to better tailor the features, performance and support of the Services, and to perform investigations consistent with this Privacy Policy.

We may also use your Personal Information to provide you with announcements, notifications related to your use of the Services and other communications such as electronic newsletters, promotional e-mails or similar messaging.

We may create anonymized information from Personal Information by excluding information (such as your name) that makes the information personally identifiable to you. We may use this anonymized information for internal purposes, such as analyzing usage patterns so that we may enhance the Services, and we also reserve the right to use and disclose such anonymized information at our discretion.

Disclosure of Personal Information

Except as otherwise stated in this Privacy Policy, we do not disclose to or share your Personal Information with third parties, unless you ask or authorize us to do so.

We may provide your Personal Information to third party service providers and suppliers who work on behalf of or with us to provide you with some of the services and features of the Services and to help us communicate with our Users, for instance, to get User feedback or conduct services and to process payments that are related to your account. However, these service providers and suppliers do not have any independent right to use this information except to help us provide the Services.

We may share some or all of your Personal Information with any parent company, subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.

In the event XXIX goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, including pursuant to bankruptcy, you acknowledge that your Personal Information may be among the assets transferred.

We may (and you authorize us to) disclose or retain, for as long as is reasonably necessary to accomplish the below, information we have collected from and about you (including Personal Information) if we believe in good faith that such disclosure or retention is necessary to:

  1. (a)comply with relevant laws or to respond to valid subpoenas or warrants served on us or to other government requests;
  2. (b)to enforce our XXIX Terms & Conditions and Privacy Policy; or
  3. (c)to protect and defend the rights or property of us, the users of our Services, or third parties.

Choices Regarding Your Information

You may change your Personal Information (e.g. password and/or username) by logging into the service and editing your account information from within the Settings area of your profile.

We may provide you with the opportunity to 'opt-out' of having your Personal Information used for certain purposes, when we ask for this information.

We may send newsletters, promotional communications or other similar messaging to our users on our behalf and on behalf of our partners. You may opt-out of receiving such messaging by following the instructions included in each message. We may also offer you an opportunity to opt-out of certain communications by logging into the service and editing your account information from within Settings.

We may send you service-related announcements when we believe it is necessary to do so. Generally, you may not opt-out of these announcements, which are not primarily promotional in nature. If you do not wish to receive these announcements, you have the option to deactivate your Account.

We may notify you when your Personal Information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

You may terminate your account by discontinuing your use of the Sites and providing us with a notice of termination by email to [email protected]. After we receive this notice we will delete your account within a commercially reasonable amount of time, however, we reserve the right not to delete your Account and to retain your Account, including any Personal Information therein, to establish or defend a legal claim, pursuant to a government order or for other purposes permitted by law. Any termination of your account may involve deletion of your Account information from our live databases and all the information and data stored for such Account in the Services. XXIX will not have any liability whatsoever to you for any termination of your account or related deletion of you information.

If and when we delete Personal Information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives unless otherwise required by law.

Other Web Sites

The Services may contain links to other web sites that are not owned or controlled by XXIX. The provision of such links is for your convenience and does not signify our endorsement of such web sites or location or its contents. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other web sites. Our Privacy Policy does not apply to any outside web sites.

Additionally, third parties may host their own sites through functionality provided through the Services (“User Sites”). We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such User Sites and Our Privacy Policy does not apply to these User Sites.

Advertising

We may allow advertisers to place advertisements on the Sites (but not the User Sites). Clicking on such advertisements will direct you to the website of a third party. These websites may use tracking technologies in connection with these advertisements and may collect information from you, which may include Personal Information. This Privacy Policy does not cover the collection of information by these third-party websites. For information about our advertising partners, please visit their websites through the links included in the presentation of the advertisements.

Additionally, users of the services may choose to place advertisements on the User Sites. The User Websites and the ads placed thereon by may use tracking technologies and may collect information from you, which information may include Personal Information. This Privacy Policy does not cover the collection of information by these User Sites. Please visit individual User Sites to view their privacy policies, as applicable.

Privacy of Minors and Children

We do not intentionally collect or maintain information in the Services from those visitors and Users of the Services who are under 18 years old. Pursuant to the Children's Online Privacy Act (COPPA), we do not knowingly contact or collect personal information from children under thirteen (13). In fact, our website is not intended for children under thirteen (13) or to solicit information of any kind from children under thirteen (13).

However, it is possible that we may inadvertently receive information pertaining to children under thirteen (13). If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen (13) we will delete the information from our records. If you believe that we have received information about your child that is under the age of thirteen (13), please do not hesitate to notify us using the information below. When we receive your notification, we will delete such information permanently. Such notifications can be sent to: [email protected]

Security Safeguards

XXIX has put in place commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, no company, including XXIX, can fully eliminate security risks associated with Personal Information. Your use of the Sites and Services is at your own risk.

Public Postings

One of the purposes of the Services is for Members to share information with other Users. Therefore, you should assume that any information that you post to the publicly available areas of the Sites will be made available to other Users of the Services and the public at large.

Feedback

If you provide feedback about the Services to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy.

Changes to this Statement

Notice of any changes to this Privacy Policy will be made as described in Terms and

Conditions

We reserve the right to modify this statement at any time, so please review it frequently. If we make material changes to this policy, we may notify you here, by email, by means of a notice on our home page, or by another method we so choose.

Your California Privacy Rights

California Civil Code Section 1798.83 permits Members of the Sites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Under California law, California residents are entitled to ask us for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and provide contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to:

XXIX LLC
411 E 9th Street
storefront east
New York, NY 10009

ATTN: California Privacy Requests

[email protected]

Do Not Track

While many current browsers permit you to send a signal to us about your Do Not Track ("DNT") preferences, we do not respond to DNT signals sent from your browser.

International Users

XXIX makes no claims that user content uploaded may be appropriately protected pursuant to privacy and data protection laws outside of the United States. Users from outside the United States, including the European Union, are advised that XXIX stores personal information on servers within the United States, and they are further advised that personal information uploaded to the Sites may not be protected in accordance with their local laws and regulations. If you upload personal information to the Sites from outside the United States, you do so at your own risk. XXIX is not responsible for compliance with the laws of your jurisdiction and makes no representations, warranties or guarantees that it complies with privacy, data protection or cyber security laws and regulations outside the United States.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy please contact us by sending us an e-mail to [email protected].

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