Terms of Service

 

Terms of Service

Last Updated: JAN 01, 2017

PLEASE READ THIS DOCUMENT CAREFULLY. TRIUMPHANT ONE Inc. (“TRIUMPHANT 1,” “we,” or “us”) offers an online platform and community through its website located at TRIUMPHAN1.org, and otherTRIUMPHANT ONE-operated sites (collectively, the “TRIUMPHANT ONE! eMagazine Service”) and related mobile and and online services (collectively and including the TRIUMPHANT ONE Site, the “TRIUMPHANT ONE! eMagazine Service”). By registering as a member or by using the TRIUMPHANT ONE! eMagazine Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and TRIUMPHANT ONE. If you do not wish to be bound by this Agreement, do not use the TRIUMPHANT ONE! eMagazine Service.

 

Content

Who May Use the TRIUMPHANT ONE! eMagazine Service

License to Use the TRIUMPHANT ONE! eMagazine Service

Privacy

Membership

Subscriptions and Purchases

Term and Termination; Account Deletion

Content Restrictions

Code of Conduct

Licenses Granted by You

Your Representations and Warranties

Indemnification

Third Party Copyrights and Other Rights

Disclaimers

Limitation of Liability

Compliance

Notice Pursuant to 18 U.S.C. � 2257

General Provisions

 

1. Who May Use the TRIUMPHANT ONE! eMagazine Service

AGE REQUIREMENT: You must be at least 13 years old to use the TRIUMPHANT ONE! eMagazine Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the TRIUMPHANT ONE! eMagazine Service. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the TRIUMPHANT ONE! eMagazine Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the TRIUMPHANT ONE Service.

If your child is using the TRIUMPHANT ONE Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the TRIUMPHANT ONE! eMagazine Service is appropriate for your child, please review our Frequently Asked Questions or contact us.

WARNING: Even if you are old enough to use the TRIUMPHANT ONE! eMagazine Service and/or have your parent’s or guardian’s permission, some of the content available within the TRIUMPHANT ONE! eMagazine Service may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content.

 

2. License to Use the TRIUMPHANT ONE! eMagazine Service

LICENSE:TRIUMPHANT ONE grants you a limited, non-exclusive license to access and use the TRIUMPHANT ONE! eMagazine Service for your own personal, non-commercial purposes. This includes the right to view content available on the TRIUMPHANT ONE! eMagazine Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

COMMERCIAL USE: You may not use the TRIUMPHANT ONE! eMagazine Service for commercial purposes.

RESTRICTIONS: Except as expressly permitted by TRIUMPHANT ONE! in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the TRIUMPHANT ONE! eMagazine Service. Nor will you take any measures to interfere with or damage the TRIUMPHANT ONE! eMagazine Service. All rights not expressly granted by TRIUMPHANT ONE are reserved.

MOBILE APP: Your use of the TRIUMPHANT ONE! eMagazine Service through one of our mobile applications is also subject to our Mobile App Addendum.

 

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

������ What information we may collect about you;

������ What we use that information for; and

������ With whom we share that information.

 

4. Membership

REGISTRATION: To fully use the TRIUMPHANT ONE! eMagazine Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to TRIUMPHANT1 and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the TRIUMPHANT ONE! eMagazine Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

 

5. Subscriptions and Purchases

TRIUMPHANT ONE PLUS: In addition to offering Basic (free) TRIUMPHANT ONE memberships, we offer TRIUMPHANT ONE Plus subscriptions. Please see our subscription pages for current Plus features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We may also offer add-on features and packages. All fees may be subject to taxes.

CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by TRIUMPHANT ONE. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. TRIUMPHANT ONE reserves the right to deny subscriptions, renewals, and other purchases for any reason.

END OF SUBSCRIPTION: When a TRIUMPHANT ONE Plus subscription ends, the account automatically becomes a Basic (free) account and TRIUMPHANT ONE may disable access to or delete any content to comply with Basic account limits. When a custom subscription ends, the account and its content will be deleted if the subscription is not renewed.

OTHER PURCHASES: Purchases of other products and services through the TRIUMPHANT ONE! eMagazine Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.

 

6. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the TRIUMPHANT ONE! eMagazine Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the TRIUMPHANT ONE! eMagazine Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

TERMINATION FOR BREACH: TRIUMPHANT ONE may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if TRIUMPHANT ONE determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage TRIUMPHANT ONE’s reputation and goodwill. If TRIUMPHANT ONE deletes your account for the foregoing reasons, you may not re-register for the TRIUMPHANT ONE! eMagazine Service. TRIUMPHANT ONE may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by TRIUMPHANT ONE will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. TRIUMPHANT ONE shall not be responsible for the loss of such content.

 

7. Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

 

������ Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

������ Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);

������ Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

������ Exploits minors;

������ Depicts unlawful acts or extreme violence;

������ Depicts animal cruelty or extreme violence towards animals;

������ Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or

������ Violates any law.

������ All videos you submit must also comply with the TRIUMPHANT ONE Guidelines, which are incorporated into this Agreement.

 

8. Code of Conduct

In using the TRIUMPHANT ONE! eMagazine Service, you must behave in a civil and respectful manner at all times. Further, you will not:

������ Act in a deceptive manner by, among other things, impersonating any person;

������ Harass or stalk any other person;

������ Harm or exploit minors;

������ Distribute “spam”;

������ Collect information about others; or

������ Advertise or solicit others to purchase any product or service within the TRIUMPHANT ONE! eMagazine Service (unless you are an official TRIUMPHANT ONE partner or advertiser and have a written agreement with TRIUMPHANT ONE content submitted to the TRIUMPHANT ONE! eMagazine Service.

 

9. Licenses Granted by You

9.1 Videos

LICENSE TO TRIUMPHANT ONE: As between you and TRIUMPHANT ONE, you own the video content (“videos”) that you submit to the TRIUMPHANT ONE! eMagazine Service. By submitting a video, you grant TRIUMPHANT ONE and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the TRIUMPHANT ONE! eMagazine Services; (ii) displaying the video on third party websites and applications through a video embed or TRIUMPHANT ONE’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the TRIUMPHANT ONE! eMagazine Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.

LICENSE TO OTHER USERS: You further grant all users of the TRIUMPHANT ONE! eMagazine Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).

DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the TRIUMPHANT ONE! eMagazine Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that TRIUMPHANT ONE has no control over such caching.

 

9.2 Non-video Content

As between you and TRIUMPHANT ONE, you own all non-video content that you submit to the TRIUMPHANT ONE! eMagazine Service. You grant TRIUMPHANT ONE and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the TRIUMPHANT ONE! eMagazine Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to TRIUMPHANT ONE on improving or adding new features to the TRIUMPHANT ONE! eMagazine Service, TRIUMPHANT ONE shall have the right to use your suggestions without any compensation to you.

 

10. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to TRIUMPHANT ONE and grant the licenses set forth above; (ii) TRIUMPHANT ONE will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

 

11. Indemnification

You will indemnify, defend, and hold harmless TRIUMPHANT ONE and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the TRIUMPHANT ONE! eMagazine Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to TRIUMPHANT ONE violates any law or infringes any third party right, including any intellectual property or privacy right.

 

12. Third Party Copyrights and Other Rights

TRIUMPHANT ONE respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at info[at] TRIUMPHANT1[dot]org.

 

13. Disclaimers

TRIUMPHANT ONE reserves the right to modify the TRIUMPHANT ONE! eMagazine Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the TRIUMPHANT ONE! eMagazine Service. TRIUMPHANT ONE has no obligation to screen or monitor any content and does not guarantee that any content available on the TRIUMPHANT ONE! eMagazine Service complies with this Agreement or is suitable for all users.

TRIUMPHANT ONE provides the TRIUMPHANT ONE! eMagazine Service on an “as is” and “as available” basis. You therefore use the TRIUMPHANT ONE! eMagazine Service at your own risk. TRIUMPHANT ONE expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, TRIUMPHANT ONE makes no representations or warranties:

������ That the TRIUMPHANT ONE! eMagazine Service will be permitted in your jurisdiction;

������ That the TRIUMPHANT ONE! eMagazine Service will be uninterrupted or error-free;

������ Concerning any content submitted by any member;

������ Concerning any third party’s use of content that you submit;

������ That any content you submit will be made available on TRIUMPHANT ONE! eMagazine Service or will be stored by TRIUMPHANT ONE;

������ That the TRIUMPHANT ONE! eMagazine Service will meet your business or professional needs;

������ That TRIUMPHANT ONE will continue to support any particular feature of the TRIUMPHANT ONE! eMagazine Service; or

������ Concerning sites and resources outside of the TRIUMPHANT ONE! eMagazine Service, even if linked to from the TRIUMPHANT ONE! eMagazine Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the TRIUMPHANT ONE! eMagazine Service, and no warranties shall apply after such period.

 

14. Limitation of Liability

To the fullest extent permitted by law: (i) TRIUMPHANT ONE shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) TRIUMPHANT ONE’s total liability to you shall not exceed the amounts paid by you to TRIUMPHANT ONE over the twelve (12) months preceding your claim(s).

 

15. Compliance Notice Pursuant to 18 U.S.C. � 2257

All pictures, graphics, videos, and other visual media displayed on the TRIUMPHANT ONE! eMagazine Service are exempt from 18 U.S.C. � 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. � 2256 (2) (A) – (D).� TRIUMPHANT ONE is not the primary producer of the visual content contained in the TRIUMPHANT ONE! eMagazine Service .

 

16. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of GEORGIA, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the TRIUMPHANT ONE! eMagazine Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, TRIUMPHANT ONE and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by TRIUMPHANT ONE in exercising any right hereunder will waive any further exercise of that right. TRIUMPHANT ONE’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without TRIUMPHANT ONE’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from TRIUMPHANT ONE electronically. TRIUMPHANT ONE may provide all such communications by email or by posting them on the TRIUMPHANT ONE! eMagazine Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to TRIUMPHANT ONE at info[at]triumphant1[dot]org or the following address:

 

TRIUMPHANT ONE! eMagazine Service Inc.

Attention: CEO/President

11137 Tara Blvd.

Suite # 64

Atlanta, GA 30228

 

Nothing herein shall limit Roho’s right to object to subpoenas, claims, or other demands.

 

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by TRIUMPHANT ONE on the TRIUMPHANT1 Site or a written amendment signed by an authorized representative of TRIUMPHANT ONE. A revised Terms of Service will be effective as of the date it is posted on the TRIUMPHANT1 Site.

 

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

 

Privacy Policy

Copyright and DMCA Policy

This Agreement constitutes the entire understanding between TRIUMPHANT ONE and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of TRIUMPHANT ONE’s application protocol interface (API), which is governed by our API Agreement.

 

END OF DOCUMENT.