Effective Date: November 14, 2014

Acceptance of the Terms of Use

Welcome to the website of Victory Media, Inc. (”Victory Media”, Company”, “we”, “our” or “us”). The following terms and conditions govern your access to and use of this website, as well as the websites of all of the Victory Media Brands, including: G.I. Jobs®; Military Friendly®; STEM Jobs™; STEM Friendly, Military Spouse; NaVOBA; and Buy Veteran (collectively “the Sites”).

Please read these Terms of Use and Victory Media’s Privacy Policy carefully before you start to use the Sites. By using the Sites, you acknowledge that you are 18 years of age or older, or are an emancipated minor, or possess parental or guardian permission to use the Sites and that you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not agree to these Terms of Use and our Privacy Policy, you should not access or use the Sites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter.  Your continued use of the Sites after we post any revisions to the Terms of Use means you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.  From time to time, we may restrict access to all or some Sites or some portions of the Sites.

To access some of the resources on the Sites, you may be asked to provide certain registration information. When such registration is required, your use of the Sites is conditioned on you providing correct, current and complete registration information. All such registration information that you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information that is consistent with our Privacy Policy.

If Registration for use on a Site or a portion thereof is required and you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Children and Parents

The Sites are not intended for use by children under the age of 13 and no one under 13 years of age is allowed access to the Sites or any of our public discussion areas, forums and chats or to subscribe to any newsletters.  Unless you are an emancipated minor, all minors under the age of 18 must possess parental or guardian consent to access and use the Sites or to subscribe to any of the Magazines on our Sites.

Intellectual Property Rights

The Sites and the contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Unless specifically permitted by the particular Site, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites, except as follows:

  •  Your computer may temporarily store copies of materials from the Sites in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages from the Sites for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You may not modify copies of any materials from the Sites, use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.

If you wish to make any use of material on the Sites other than that set out in this section, you may contact us and make such request via letter, e-mail or telephone at the contact information provided below.

Trademarks

The Company and Brand Names listed above, the Company and Brand logos and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and you may not use those trademarks without the written permission of the owners of those marks.

Prohibited Uses

You may use the Sites for lawful purposes only and in accordance with these Terms of Use. You agree not to use the Sites:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites or expose us or them to liability.
  • In any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
  • To use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
  • To use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent.
  • To introduce any viruses, trojan horses, worms, or other material which are malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites or otherwise attempt to interfere with the proper working of the Sites.

User Contribution

The Sites may contain message boards, blogs, forums, chat rooms, personal web pages or profiles, community bulletin boards, social networking channels and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, ”post”) content or materials (collectively, ”User Contributions”) on or through the Sites.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

All User Contributions you post to the Sites will be considered non-confidential and non-proprietary. By providing User Contributions on the Sites, you grant us, our affiliates and service providers, and each of their licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and disclose to third parties any such User Contributions.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above and that all of your User Contributions comply with these Terms of Use.

You understand and acknowledge you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions.

Monitoring and Enforcement and Termination

We cannot monitor or review all of the materials before they are posted on the Sites.  We reserve the right, however, to remove or refuse to post any User Contributions for any or no reason in our sole discretion or if we believe, in our sole discretion, that any User Contributions violate these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for the Company. Because we cannot ensure prompt removal of objectionable material, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We also have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites and to terminate or suspend your access to all or part of the Sites for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on the Sites.

Content Standards

These content standards apply to any and all User Contributions.  Such User Contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause needless anxiety or be likely to upset, embarrass or alarm any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Misrepresent that the content emanates from or is endorsed by us or any other person or entity.

Digital Millennium Copyright Act

We respect the intellectual property of others.  In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that any content on the Sites infringes on your copyright, please provide the following information to our designated agent:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit Victory Media to locate the material;
  • Your contact information, including your address, telephone number and e-mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate and, under the pains and penalty of perjury, that you are authorized to act on behalf of the copyright owner.

The designated copyright agent who will receive notification of any claimed infringement is:

Brian Samuel Malkin
U.S. Patent Attorney
www.ferencelaw.com
409 Broad Street
Pittsburgh, PA 15143
(412) 741 8400 ext. 216

Links from the Sites

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

SMS/Text Messages and E-Mail Messages to Your Mobile Device

If you send us a text message requesting information through our SMS Service, you are consenting to receive an automated text message from us in response to your request. You understand that message and data rates may apply and that you opt-out of receipt of any further text messages from us at any time. If you provide us with an e-mail address to your mobile device, you agree to receive e-mail messages from us at that e-mail address.  All such e-mails from us will contain a link that allows you to unsubscribe from receipt of further e-mails to that address or to modify what e-mails you would like to receive at that e-mail address.

Disclaimer of Warranties

USE OF THE SITES, ITS CONTENT AND SERVICES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.  THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE THAT RELATE IN ANY WAY TO USE OF THE SITES.

Limitation on Liability

THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AND INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OF DATA, WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification and Release

You agree to release, acquit, discharge, covenant not to sue and to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions or any use of the content, services and products on the Sites.

Governing Law, Jurisdiction and Venue

All matters relating to the Sites, these Terms of Use and our Privacy Policy and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.

Jurisdiction and Venue over any suit, action or proceeding arising out of, or related to, the Sites, these Terms of Use or our Privacy Policy shall exist solely in the state courts located in Allegheny County, Pennsylvania. You waive any and all objections to the exercise of jurisdiction and venue over you by such court.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use and our Privacy Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use and our Privacy Policy shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use and our Privacy Policy are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use and our Privacy Policy will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Victory Media, Inc. with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

How to Contact Us

If you have any questions or comments on these Terms of Use, you may contact us at: Victory Media, ATTN JoAnn Conner, Victory Media, Inc., P.O. Box 26, Sewickley, PA 15143 / (412) 269-1663 / This email address is being protected from spambots. You need JavaScript enabled to view it.

© Copyright 2014 Victory Media, Inc.

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