VICTORIA SONG TERMS OF SERVICE
Welcome to VictoriaSong.com (the “Site”). These Terms of Service (the or this “Agreement”) apply to any access to or use of the Site. The Site is owned and operated by Alchemist Ventures, Inc. (“Alchemist Ventures”, “we” or “us”). Please carefully read Agreement, which governs your use of the Site and the services (the “Service”) operated by Alchemist Ventures, Inc. and constitute a binding agreement between you and Alchemist Ventures, Inc.
BY USING OR ACCESSING THE SITE, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ASSENT TO THIS AGREEMENT OR ANY PART OF THIS AGREEMENT, PLEASE DO NOT USE OR VIEW THE SITE.
Your access to and use of the Site and/or its Service is conditioned upon your acceptance of and compliance with the terms of this Agreement. These terms apply to all visitors, users, and others who wish to access or use the Site in any manner.
CHANGES TO AGREEMENT
Alchemist Ventures may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Site after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.
CHANGES TO SITE AND SERVICES
Alchemist Ventures may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Site and any content, services or material offered on or through out the Site, for any or no reason, and with or without notice.
INTELLECTUAL PROPERTY OWNERSHIP
All information, materials, images, software, photographs, articles, functions, text and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Alchemist Ventures, its licensors or content providers or other third parties. The Site and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Alchemist Ventures under the copyright laws of the United States and other countries. Alchemist Ventures may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. Alchemist Ventures reserves all rights not expressly granted in and to the Site and the Content.
Unless otherwise noted, Alchemist Ventures and all other trademarks, service marks, trade names, and logos displayed on the Site are the trademarks, servicemarks, trade names, and logos of Alchemist Ventures. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Site without the owner’s prior written permission. Unauthorized use of Victoria Song, Alchemist Ventures and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited.
When you create an account with Alchemist Ventures or use the service, you represent and warrant that: (i) you have the legal capacity and agree to comply with this Agreement and its terms; (ii) you are above the age of twenty-one (21) years; (iii) you will not use the Site or Service for any illegal or unauthorized purpose; and (iii) that the information you provide Alchemist Ventures is accurate, complete, and current at all times. Inaccurate, incomplete, fraudulent or obsolete information may result in the immediate termination of your account on the service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to any necessary restriction of access to your computer (or mobile or other device) and/or account. You agree to accept responsibility for any and all activities or actions that occur through your account and/or password, whether your password is with our service or a third-party service. You must notify Alchemist Ventures immediately if you suspect or become aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, a name that is not lawfully available for use, or any name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
Alchemist Ventures reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
USE OF THE SITE
Content may not be copied, reproduced, republished, uploaded, posted, shared, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Alchemist Venture’s prior written permission; provided however, that users may download one copy of any Content on any single device and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site.
When you visit the Site or send emails to Alchemist Ventures, you are communicating with Alchemist Ventures electronically. You consent to receive communications from Alchemist Ventures electronically. Alchemist Ventures will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Alchemist Ventures provides to you electronically satisfy any legal requirement that such communications be in writing.
The Site may offer users the opportunity to post articles, comments, photographs, videos, artwork, and other content or materials on the Site (collectively, the “User Submissions”). By making a User Submission, you grant to Alchemist Ventures an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You further agree that Alchemist Ventures is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Alchemist Ventures without any monetary or other obligation to you.
You agree not to post on or transmit to the Site any User Submission or other material that:
- is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that had not been approved in advance in writing by Alchemist Ventures;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
- infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; and/or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by Alchemist Ventures. Alchemist Ventures shall have no obligation to store, keep copies of or return any User Submissions. Alchemist Ventures further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete or remove any User Submission from the Site that it deems to be in violation of the foregoing requirements or for any other reason in Alchemist Ventures’ sole discretion.
You will be solely responsible and liable for, and will indemnify Alchemist Ventures and its officers, directors, employees, representatives, and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your User Submission, including, but not limited to, any Claim arising out of breach of this Agreement or any Claim for infringement of copyright, trademark, patent or other proprietary rights.
If you wish to terminate your account, you may simply discontinue using the Site. You are free to stop using the Site at any time.
All provisions of the terms of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
NO MEDICAL ADVICE
THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALCHEMIST VENTURES IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SITE.
By reading this Site and accessing the information contained herein, you hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site, and that Alchemist Ventures is not responsible for any decisions that you make in your life regarding the Information herein, or communicated by telephone, email, letter, facsimile or other form of communication.
The statements regarding any health issue or treatment found in this Site have not been evaluated by the Food and Drug Administration. Any information provided or product mentioned is not intended to diagnose, treat, cure, or prevent any disease. Results may vary.
THIRD PARTY CONTENT
Alchemist Ventures may from time to time post content supplied by third parties and users (collectively “Third-Party Content”). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Alchemist Ventures. Alchemist Ventures does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
Establishing and maintaining the trust of our audience is at the core of Alchemist Venture’s content policy. For that reason, it’s important that we establish clear guidelines to ensure our audience knows where our information comes from, and that it can be trusted.
Some articles on Alchemist Ventures contain links and discount codes for products available from third parties. These links will signal to the retailer that Alchemist Ventures has referred you. Should you choose to purchase a product, we may receive a commission on the sale.
We apply the same standards of objectivity to these articles as we do to the rest of our content. Alchemist Ventures’ writers and editors are instructed not to alter coverage because of this program, and they are never incentivized to do so. Posts with affiliate links will always include an individual disclaimer located at the top of any relevant article, and all opinions expressed therein are our own.
DISCLAIMERS/LIMITATION OF LIABILITY
While Alchemist Ventures uses reasonable efforts to include accurate and up to date information on the Site, Alchemist Ventures makes no warranties or representations as to its accuracy. Alchemist Ventures assumes no liability or responsibility for any errors or omissions in the Content of the Site.
THE MATERIALS ON, OR ACCESSIBLE FROM, THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALCHEMIST VENTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALCHEMIST VENTURES DOES NOT WARRANT THAT THE ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALCHEMIST VENTURES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE CONTENT, USER SUBMISSIONS AND OTHER MATERIALS ON, OR ACCESSED THROUGH, THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ALCHEMIST VENTURES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION OR CONTENT, EVEN IF ALCHEMIST VENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Site, you agree to indemnify, hold harmless and defend the Released Parties from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim and/or Claims by a third party that is based on your use of the Site.
Any controversy, dispute or claim arising out of, or relating in any way to this Agreement or your use of the Site or Service will be resolved by binding arbitration rather than in court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. Your claims cannot be brought as a class action. However, an arbitrator can award on an individual basis the same damages and relief as a court. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
To begin an arbitration proceeding, you must first send a written letter to Alchemist Ventures concerning your claim. The letter should be addressed to: Alchemist Ventures. If Alchemist Ventures elects to begin an arbitration proceeding, it will send you a written letter to the most recent address we have on file or in our records for you. A letter, whether sent by you or by Alchemist Ventures, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Alchemist Ventures and you do not reach an agreement to resolve the claim within thirty (30) days after the letter is received, you or Alchemist Ventures may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Alchemist Ventures or you prior to the arbitration shall not be disclosed to the arbitrator. To initiate arbitration, you may download a “demand for arbitration” form from the American Arbitration Association at www.adr.org.
Alchemist Ventures and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. If for any reason a claim proceeds in court rather than in arbitration, Alchemist Ventures and you each waive any right to a jury trial. Notwithstanding anything to the contrary herein, Alchemist Ventures and you agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights of the other party.
THIRD PARTY SITES
Certain links on this Site may lead to Web sites, Web pages, and resources (“Third-Party Sites”) maintained by third parties over whom Alchemist Ventures has no control. Alchemist Ventures accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. Alchemist Ventures makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to its conflicts of law principles.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between Alchemist Ventures and users of the Site relating to the subject matter contained herein, except in the case of those individuals or organizations that have purchased access to a product or service provided by Alchemist Ventures and have executed a separate agreement and/or release; in such case, the separate agreement and/or release executed in conjunction with the purchase of the product or service shall supersede this Agreement. No delay or failure by Alchemist Ventures to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by Alchemist Ventures. No single waiver will constitute a continuing or subsequent waiver.
You agree that any cause of action arising out of or related to the Site or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed using the contact information provided on wwww.victoriasong.me/engage.