Terms of Use for the Victorious Club Website
Terms of Use
Welcome to the Victorious Club website (the "Site"). The products and services on the Site are offered to you by Lucci Club Inc. ("Lucci Club") subject to the following terms and conditions. By using the Site and the products and services offered through it, you signify that you have read, understand and agree to be bound by these terms and conditions of use and all related rules, policies, conditions and guidelines (the "Terms of Use"). We reserve the right to, at our sole discretion, change, modify, add or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to the Terms of Use on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms of Use.
Use of Materials on Site
You may download, store, display on your computer, view, listen to, play and print any data, messages, text, images, photographs, graphics, logos, icons, audio and video clips, digital downloads, data compilations, and documents such as press releases, papers and programs (the "Materials") that Lucci Club publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
Copyright and Trade-Marks
You agree that all content included on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, textual downloads and software, is the property of Lucci Club and is protected by Canadian and international trade-mark and copyright law.
You agree that all of Lucci Club's trademarks, trade names, service marks and other Lucci Club logos and brand features, and product and service names are the property of Lucci Club (the "Lucci Club Marks"). You agree not to display or use the Lucci Club Marks in any manner without Lucci Club's prior written consent.
Privacy
No user of this Site will ever be able to gain access to your personal information. Lucci Club will not share any personal information and your contact information will only be used for Lucci Club communications and Lucci Club notifications. Please refer to the Lucci Club Privacy Policy for further information.
Passwords
You are responsible for safeguarding the password that you use to access Lucci Club and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Lucci Club shall not be liable for any loss or damage arising from your failure to comply with the above requirements.
Site Communication
Lucci Club reserves the right to delete or remove comments or messages communicated between users on the Site, and to suspend or terminate Lucci Club accounts, that do not conform to the following Lucci Club guidelines (the "Guidelines") at the discretion of the Lucci Club page administrators.
The Guidelines include but are not limited to the following: The use of advertising, profanity and/or any abusive, threatening, defamatory, racist, obscene or patently false statements are prohibited. The Site is not a gambling website and, accordingly, any comments, messages or communication relating to gambling, betting, wagering or the facilitation thereof are strictly prohibited. Any comments used on the Site may not contain spam. Comments of disagreement should be respectful of others' opinions. Where applicable, commenters must disclose conflicts of interest. Comments may not contain links to content that is in violation of the above.
Activities Prohibited on the Site
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Lucci Club reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to, the following:
Using the Site for any purpose in violation of local, provincial, federal, or international laws;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Breaching any of the Guidelines contained herein;
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Lucci Club exposes Lucci Clubr or any of its users to any liability or detriment of any type.
Lucci Club reserves the right to terminate a user's access to the Site upon any breach of these Terms of Use.
Usernames
Your username for Lucci Club is unique to you, and will be how people will identify you on the Site. Usernames must be appropriate and cannot contain any sort of profanity.
Disclaimer of Warranties and Limitation of Liability
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. Lucci Club EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
IN NO EVENT WILL Lucci Club BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATE OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
Applicable Law
You agree that these Terms of Use and the relationship between you and Lucci Club shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and Lucci Club agree to submit to the exclusive jurisdiction of the courts located within the province of Ontario.
Waiver and Severability of Terms of Use
The failure of Lucci Club to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Indemnification
You agree to indemnify, defend, and hold Lucci Club, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees and expenses, resulting from, or alleged to result from, your violation of these Terms of Use.
Termination
Lucci Club has the right to terminate your account and access to the Site for any reason, including, without limitation, if Lucci Club in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use (either directly or through breach of any other terms and conditions or operating rules applicable to you). Lucci Club may but shall be under no obligation to provide you a warning prior to termination of your use of the Site.
Notice
Lucci Club may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Site or by written communication delivered by first class mail to your address on record in your Lucci Club account.
We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any rights under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
