Small Victories, a service offered by Small Victories, Inc. LLC ("Small Victories, Inc.", "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).
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 Small Victories, Inc..
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 Small Victories, Inc. are sometimes referred to as the "Parties"). Small Victories, Inc. 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.
"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.
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.
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.
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 Small Victories, Inc. 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. Small Victories, Inc. 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.
The Services contain Content provided by us and our licensors ("Small Victories, Inc. Content"). We and our licensors (including other Users) own and retain all proprietary rights in the Small Victories, Inc. 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, Small Victories, Inc. hereby grants you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Small Victories, Inc. 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 Small Victories, Inc. Content aside from those explicitly granted herein.
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. Small Victories, Inc. takes no responsibility and assumes no liability for any Content posted to the Services by you or any third party.
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 Small Victories, Inc..
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.
You will not post any Prohibited Content or use any Prohibited Content in connection with the Services. "Prohibited Content" is Content that:
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.
Small Victories, Inc. 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. Small Victories, Inc. 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 Small Victories, Inc. on an "as is" and "as available" basis unless otherwise specified in writing. Small Victories, Inc. 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 Small Victories, Inc. 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 "Small Victories, Inc. Parties") make any warranties of any kind and each of the Small Victories, Inc. 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.
Small Victories, Inc. 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.
Small Victories, Inc. reserves the right to terminate your access to the sites at any time without cause or notice.
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 Small Victories, Inc.'s control, including through Dropbox (whether through Dropbox Ireland, Dropbox Inc. or otherwise). Small Victories, Inc. 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 Small Victories, Inc. be liable for failing to provide the Sites or Services under any theory of liability, whether in contract, tort, strict liability or otherwise.
Small Victories, Inc. 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.
It is expressly agreed that in no event shall Small Victories, Inc. 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. Small Victories, Inc. 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.
Small Victories, Inc. will not be liable for any damages of any kind arising from the use of any Small Victories, Inc. 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, Small Victories, Inc.'s warranties, conditions and liability are limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Small Victories, Inc. 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.
You acknowledge that, pursuant to the Digital Millennium Copyright Act ("DMCA"), Small Victories, Inc. 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 Small Victories, Inc. systems of information which you provide violates their copyrights. In so doing, Small Victories, Inc. may elect to remove (or require you to remove) such allegedly infringing information from the Services and/or Small Victories, Inc. systems unless you object to the allegation of infringement, in which case Small Victories, Inc. in its sole discretion may elect to maintain or restore the allegedly infringing information to the Services and/or Small Victories, Inc. systems pending the outcome of litigation which you may institute against the alleged copyright owner pursuant to the DMCA. You will cooperate fully with Small Victories, Inc. to assure compliance with the DMCA upon receipt by Small Victories, Inc. of any "take-down" notice issued by any third party and in so doing to promptly inform Small Victories, Inc. whether you object to any such "take-down" notice and, if so, whether you will institute litigation to challenge the allegations of copyright infringement.
Small Victories, Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Small Victories, Inc.'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.
Small Victories's Copyright Agent for notice of claims of copyright infringement on the Small Victories's Sites can be reached as follows:
Small Victories, Inc.
411 E 9th Street
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 Small Victories that your copyrighted material has been infringed.
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.
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.
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 Small Victories 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 Small Victories, Inc..
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.
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.
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 Small Victories, Inc. and any attempt to make any assignment without such prior written consent shall be null and void ab initio. Small Victories, Inc. may assign this Agreement to any party. Small Victories, Inc. may assign this Agreement to an affiliate, parent or subsidiary or to any purchaser of substantially all the assets of equity of Small Victories, Inc. 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 Small Victories, Inc. 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.
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.
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.
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.
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.
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.
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.
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 Small Victories, Inc., to [email protected] Victories, Inc..co
, or at any other notice address provided by either Party to the other Party in writing.
Copyright © 2018 Small Victories, Inc. LLC. All rights reserved. Small Victories, Inc.™ is a trademark of Small Victories, Inc., 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.