Terms and Conditions

AGREEMENT

Welcome to Victorious Christians!

These Terms of Service (“Terms”), together with our Privacy Policy, constitute a legally binding agreement (“Agreement”) between you (“You” or “Your”) and VICTORIOUS CHRISTIANS LLC (“VICTORIOUS CHRISTIANS”, “we” or “us”) governing your use of our website located at VictoriousChristians.com (“Website”), mobile application, and/or any website or software where these terms appear or are linked (collectively, “Services”).

By accessing the Website, creating an account, or using the Services, you agree to be bound by the Agreement.

If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you must immediately leave the Website and cease using the Services.

These terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. See Section 22 for full details.

As used in this Agreement, “Member” means a registered user of the Website and Services.

PRIVACY POLICY

We take your privacy very seriously. As such, our Privacy Policy is an important part of and incorporated by reference into this Agreement.

The Privacy Policy explains how we collect information from you and how we use and share that information to provide our Services. By using the Website or Services, you consent to the collection and use of certain information about you, as specified in the Privacy Policy.

VICTORIOUS CHRISTIANS encourages users of the Website to frequently check VICTORIOUS CHRISTIANS’s Privacy Policy for changes.

CHANGES TO TERMS AND PRIVACY POLICY

Internet and wireless technology and the applicable laws, rules, and regulations change frequently. Accordingly, VICTORIOUS CHRISTIANS reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you, to be given by the posting of a new version or a change notice on the Website.

It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either unacceptable, you must immediately leave the Website and cease using the Services.

ELIGIBILITY

You must be at least 18 years old to create an Account and use the Services.

By creating an Account and using the Services, you represent and warrant that:

  • You are at least 18 years of age.
  • You can enter into and form a binding contract with VICTORIOUS CHRISTIANS.
  • You are single, divorced, widowed, or legally separated.
  • You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country.
  • You are not on any list of individuals prohibited from conducting business with the United States.
  • You are not prohibited by law from using our Services.
  • You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence.
  • You are not required to register as a sex offender with any state, federal, or local sex offender registry.
  • You do not have more than one account on our Services.
  • You have not previously been removed from our Services by us unless you have our express written permission to create a new account.
  • You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

If at any time you cease to meet these requirements, you must immediately cease use of the Services and delete your Account. This Agreement is void where prohibited.

LICENSE

Subject to your compliance with the terms and conditions of this Agreement, VICTORIOUS CHRISTIANS grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of VICTORIOUS CHRISTIANS. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of VICTORIOUS CHRISTIANS or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.

ACCOUNT INFORMATION; PASSWORD PROTECTION; ACCOUNT SECURITY

To participate in the Services, you must create an account and profile (collectively, your “Account”). You represent and warrant that all information you provide in connection with your Account and your use of the Services on the registration form is current, complete, and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal and/or public profiles. For additional information, see the section concerning “User Ability to Access, Update, and Correct Personal Information” in VICTORIOUS CHRISTIANS’s Privacy Policy.

You will also be asked to provide, or may be given, a username and password in connection with your Account. You are entirely responsible for maintaining the confidentiality of your username and password. You may not use your Account, username, or password of any other Member at any time. You agree to notify VICTORIOUS CHRISTIANS immediately of any unauthorized use of your Account, username, or password. VICTORIOUS CHRISTIANS shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

In certain instances, VICTORIOUS CHRISTIANS may send you a unique access code via text message or email to authenticate you before you may gain access to your Account. Such access code is intended to be used only by you and you must not share it with anyone.

You may be held liable for any losses incurred by VICTORIOUS CHRISTIANS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.

PUBLIC PROFILES; MEMBER CONTENT; LICENSE TO DISPLAY CONTENT

As a Member, you will have the ability to post personal information (such as your age, height, body type, ethnicity, sex, hair color, and eye color), images, and photos to your profile; you will have the ability to transmit messages and communicate with other Members both privately and publicly through Member forums (collectively, your “Content”). You agree that you are solely responsible for your Content and represent and warrant that all Content posted by you is current, complete, and accurate, and that you have not misstated or embellished any statement of fact therein. You are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of “spam” messages, or otherwise violates our Prohibited Conduct section. You understand and agree that we may monitor or review any Content, but under no circumstances will VICTORIOUS CHRISTIANS be liable in any way for your Content. If you post inappropriate Content or otherwise violate the Prohibited Conduct section, we may, in our sole discretion, remove your Content.

You are always the owner of your Content. However, to display your Content on our Services, we require a license from you. By posting your Content on our Services, you grant VICTORIOUS CHRISTIANS an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your Content in any media now existing or in the future created. Additionally, you grant VICTORIOUS CHRISTIANS the right to use your name, likeness, and image for any purpose, including commercial or advertising, in connection with VICTORIOUS CHRISTIANS or the promotion thereof.

You represent and warrant that you have all rights and permissions necessary to grant the license described above. You are responsible for your Content and agree to defend, indemnify, and hold VICTORIOUS CHRISTIANS harmless from any and all claims, actions, demands, causes of action, and other proceedings arising out of or relating to your Content.

Please note that VICTORIOUS CHRISTIANS is not the publisher or speaker of any third-party content, including user profiles, under Section 230 of the Communications Decency Act and similar laws.

ASSUMPTION OF RISK; INDEMNITY BY YOU

You understand and agree that using the Services is at your own risk. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify VICTORIOUS CHRISTIANS and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services.

You are solely responsible for your communications and interactions with other Members. VICTORIOUS CHRISTIANS does not currently conduct criminal background checks on its Members. VICTORIOUS CHRISTIANS also does not inquire into the backgrounds of its Members or attempt to verify the statements of its Members. VICTORIOUS CHRISTIANS makes no representations or warranties as to the conduct of any Members or their compatibility with any current or future Members. VICTORIOUS CHRISTIANS reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.

VICTORIOUS CHRISTIANS is not responsible for the truth or accuracy of any statement made or posted by third parties or Members of the Services. We strongly recommend that you take appropriate safeguards when corresponding with any Member. In communicating with other Members, you agree to hold VICTORIOUS CHRISTIANS and its owners, employees, and agents harmless from all costs, liabilities, damages, and attorney fees resulting from or caused by any correspondence with a Member. Before engaging in any correspondence with a Member, we encourage you to verify information about Members through additional sources.

Members who choose to create a profile on the Service are the authors/publishers of the information contained in the profile. VICTORIOUS CHRISTIANS is not considered the publisher of Member profile information; we simply provide the space for the Member to create a profile.

MEMBER DISPUTES

VICTORIOUS CHRISTIANS reserves the right to monitor disputes between Members, but disclaims any duty to do so. By using the Website, you agree to hold VICTORIOUS CHRISTIANS harmless in connection with any dispute or claim you make against another Member.

CONSENT TO RECEIVE EMAIL FROM VICTORIOUS CHRISTIANS

By registering for the Website and becoming a Member, you consent to receive periodic email communications from VICTORIOUS CHRISTIANS regarding the Services, including activation emails. As part of registration, you may also choose to receive email communications about special offers and other promotions (collectively, “Special Offers”). You can opt out of receiving Special Offers at any time by editing your “Account Settings,” following the unsubscribe instructions included in each Special Offer, or sending an email to support@victoriouschristians.com.

If you start the registration process (including submitting your email address) but do not complete it, VICTORIOUS CHRISTIANS may, in its sole discretion, send you an email inviting you to complete your registration. If you complete registration but do not activate your account through the activation email, VICTORIOUS CHRISTIANS may, in its sole discretion, activate your account at any time. If you did not intend to activate your account or the activation email was sent to you in error, you can deactivate your account by visiting VICTORIOUS CHRISTIANS’s Help/FAQs page.

CONSENT TO RECEIVE COMMUNICATIONS FROM MEMBERS

By registering for the Website and becoming a Member, you consent to receive electronic communications from other Members, including email, instant messages, and “winks.” These communications are part of the Services provided by VICTORIOUS CHRISTIANS and allow Members to connect and communicate with each other. You can control the types of communications you receive and how you receive them through your Account Settings.

FEES & SUBSCRIPTIONS

(a) Free Access. Access to the Website and the Services is free to Members. VICTORIOUS CHRISTIANS reserves the right to charge for access to the Website and use of the Services and to change its fees at any time in its sole discretion.

(b) Payment for Premium Services. Some “Premium Services” (such as advertisement-free memberships) require payment. By using Premium Services, you agree to pay VICTORIOUS CHRISTIANS the associated fees (the “Fees”) as indicated at the time you agree to pay the Fees (such as during the checkout process). All payments are securely transmitted using Internet standard TLS (also known as HTTPS) encryption.

(c) Subscriptions. VICTORIOUS CHRISTIANS may, at its sole discretion, offer access to certain Premium Services or related services on a subscription basis. If you enroll in a subscription plan (your “Subscription”), you will be billed according to the terms of the Subscription as displayed to you at the time of enrollment (the “Subscription Terms”).

Timing of Subscription Payments. When you enroll in a Subscription, you will be required to provide payment card information to pay for the associated Fees. If you choose to enroll in a Subscription, you understand and agree that your credit or debit card on file will be automatically charged for additional subscription periods (e.g., once per month) without further permission or confirmation from you. In other words, your Subscription renews automatically unless you cancel it in advance of the next payment period. Please carefully review the Fees, payment terms, and disclosures provided during the order process for your Subscription.

Changes and Cancellation. Deleting your Account or the VICTORIOUS CHRISTIANS application from your device does not cancel your Subscription. To change or cancel a Subscription, you can either log into your Account or email VICTORIOUS CHRISTIANS at support@victoriouschristians.com. If you choose to change or cancel your Subscription by email, you must provide VICTORIOUS CHRISTIANS with sufficient information to identify your Account, such as your username, real name, billing address, and the email address associated with the Account. Changes and cancellations must be made at least three (3) days before your credit or debit card is charged for the next Subscription payment to avoid that charge.

(d) Changes in Subscription Fees. VICTORIOUS CHRISTIANS reserves the right to change its Fees at any time in its sole discretion. We will not increase Fees without providing prior notice to you that allows you to cancel your Account or Subscription before incurring any increased Fees.

(e) Subscription Cancellation and Refunds for Certain States. If you live in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, or Wisconsin, or as required by law, you may cancel your Subscription without penalty or obligation before midnight of the third business day following the date you subscribed. In the event of your death or disability (such that you are unable to use VICTORIOUS CHRISTIANS), your estate or you, respectively, are entitled to a refund of any payment you made for your Subscription that is allocable to the period after your death or disability. To request a refund, you must provide notice to VICTORIOUS CHRISTIANS in the same manner as described in this Agreement for requesting refunds.

(f) No Refunds. Due to the nature of the Services, unless otherwise indicated at your time of checkout or in this Agreement, or as otherwise required by law, all sales are final and there are no refunds. This means that once you pay the Fees for a Premium Service or Subscription, you will not be entitled to a refund, even if you change your mind or are dissatisfied with the Service. Please carefully review the Fees, payment terms, and disclosures provided during the order process for your Premium Service or Subscription before completing your purchase.

THIRD-PARTY WEBSITES

The Website and Services may include links to websites operated by third parties (“Third-Party Websites”). VICTORIOUS CHRISTIANS may have relationships with some of these third parties, but it does not have control over the content and performance of Third-Party Websites. VICTORIOUS CHRISTIANS has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, available on or through Third-Party Websites. VICTORIOUS CHRISTIANS does not endorse any Third-Party Website, the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. VICTORIOUS CHRISTIANS disclaims all responsibility and liability for any damages or other harm resulting from your use of Third-Party Websites.

By accessing or using a Third-Party Website, you agree to take necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, malicious code, and other harmful or destructive content. You also agree to assume responsibility for any downloading, use, or purchase of material that is obscene, offensive, or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, and other mistakes. Additionally, you agree to be responsible for any downloading, use, or purchase of material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or that is subject to additional terms and conditions. Furthermore, you agree to be responsible for any financial charges or other liabilities to third parties resulting from transactions or other activities on Third-Party Websites. Finally, you agree to read and understand any terms of use or privacy policies that apply to those websites.

FORUMS/MESSAGE BOARDS; RELIANCE ON THIRD-PARTY ADVICE, CONTENT, ETC.

The Website or Services may offer public areas where users can communicate and share content, known as “Public Forums.” This includes, but is not limited to, public profiles, discussion forums, message boards, blogs, chat rooms, and messaging features. When using these areas, users should be aware that their content may be visible to the general public and therefore, there is no expectation of privacy. Users are solely responsible for the content they post and any consequences that may result from it. VICTORIOUS CHRISTIANS does not monitor these forums and is not responsible for the information shared therein.

Third-party opinions, advice, statements, offers, or other information made available through the Website or Services should not be relied on. These authors are solely responsible for their content. VICTORIOUS CHRISTIANS does not guarantee the accuracy, completeness, or usefulness of any information on the Website or Services, nor does it endorse or accept responsibility for the accuracy or reliability of any third-party opinion, advice, or statement. VICTORIOUS CHRISTIANS will not be held responsible for any loss or damage resulting from users’ reliance on information or other content posted on the Website or Services or transmitted by members.

YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS

As a Member of the VICTORIOUS CHRISTIANS Website or Services, you are responsible for any defamatory or legally actionable comments you make. Under the Federal Communications Act of 1996, VICTORIOUS CHRISTIANS cannot be held liable for any damages resulting from such comments. However, you may be held personally responsible for any damages suffered by other Members or third parties as a result of your remarks. It is important to think carefully before posting any information on the Website or Services to avoid potential legal issues.

OBJECTIONABLE CONTENT

As a Member of the VICTORIOUS CHRISTIANS Website or Services, you are prohibited from using the Website or Services to upload, post, transmit, display, perform, or distribute any Content, information, or materials that are deemed Objectionable Content. This includes, but is not limited to, content that is libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic, as well as content that promotes or glorifies racial intolerance, illegal substances, or solicits personal information from minors. VICTORIOUS CHRISTIANS reserves the right to terminate your use of the Website and Services for uploading, posting, transmitting, displaying, performing, or distributing Objectionable Content. VICTORIOUS CHRISTIANS also intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violations of this Agreement or any applicable laws.

PROHIBITED USES

As a Member of the VICTORIOUS CHRISTIANS Website or Services, you must abide by certain restrictions on your use of the Website and Services. You are prohibited from stalking or harassing any person, providing false or misleading information to VICTORIOUS CHRISTIANS or other Members, impersonating others, creating multiple public profiles, harvesting or collecting information about other users, using any tools or mechanisms to collect information from the Website or Services, accessing content or data without authorization, attempting to breach security measures, interfering with the use of the Website or Services by other users, sending unsolicited email, forging headers or other information in email or other content, or attempting to modify the source code used by VICTORIOUS CHRISTIANS. Any violation of these restrictions may result in civil or criminal liability.

INTELLECTUAL PROPERTY

(a) Compliance with Law. You agree that when using the Website and Services, you will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is subject to laws regarding copyright ownership and the use of intellectual property. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials that violate the copyrights, trademarks, or other intellectual property rights of any third party. You will be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the Website and Services. The burden of proving that content, information, or other materials do not violate any laws or third-party rights rests solely with you.

(b) Trademarks. The VICTORIOUS CHRISTIANS, support@victoriouschristians.com and the VICTORIOUS CHRISTIANS Marks are trademarks or registered trademarks of VICTORIOUS CHRISTIANS LLC. Other trademarks, service marks, graphics, logos, and domain names appearing on the Website or Services may be the trademarks of third parties. Neither your use of the Website and Services nor this Agreement grants you any right, title, or interest in or to, or any license to reproduce or otherwise use, the VICTORIOUS CHRISTIANS Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the VICTORIOUS CHRISTIANS Marks generated as a result of your use of the Website and Services will inure to the benefit of VICTORIOUS CHRISTIANS, and you agree to assign, and hereby do assign, all such goodwill to VICTORIOUS CHRISTIANS. You shall not at any time, nor shall you assist others to, challenge VICTORIOUS CHRISTIANS’s right, title, or interest in or to, or the validity of, the VICTORIOUS CHRISTIANS Marks.

(c) Copyrighted Materials; Copyright Notice. All content and other materials, with the exception of Member Content, available through the Website and Services, including without limitation the VICTORIOUS CHRISTIANS logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by VICTORIOUS CHRISTIANS or are the property of VICTORIOUS CHRISTIANS’ licensors and suppliers. Except as explicitly provided, neither your use of the Website and Services nor this Agreement grants you any right, title, or interest in or to any such materials. Copyright 2006 to the present, VICTORIOUS CHRISTIANS. ALL RIGHTS RESERVED.

(d) DMCA Policy. VICTORIOUS CHRISTIANS respects the intellectual property rights of others and expects others to do the same. If you have evidence that your rights or the rights of a third party have been violated and you want VICTORIOUS CHRISTIANS to delete, edit, or disable the material in question, you must provide VICTORIOUS CHRISTIANS with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VICTORIOUS CHRISTIANS to locate the material; (d) information reasonably sufficient to permit VICTORIOUS CHRISTIANS to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted; (e) 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. To be effective, this notification must be provided to VICTORIOUS CHRISTIANS’s designated agent at:

Copyright Agent – support@victoriouschristians.com with the subject line “DMCA Notice.”

VICTORIOUS CHRISTIANS will respond to all DMCA-compliant infringement notices by removing or disabling access to the offending material, as required or appropriate.

DISCLAIMERS; LIMITATION OF LIABILITY

This disclaimer states that VICTORIOUS CHRISTIANS and its licensors and suppliers do not provide any warranties for the website and services they offer. The website and services are provided “as is” and “as available,” meaning that they are not guaranteed to meet any specific requirements or to be free of errors or interruptions. VICTORIOUS CHRISTIANS also specifically disclaims any liability for damages arising from the use of the website and services. This means that users of the website and services use them at their own risk, and that VICTORIOUS CHRISTIANS and its licensors and suppliers cannot be held responsible for any problems or issues that may arise from their use.

As a user of the website and services, you understand and agree that your use is at your own risk. VICTORIOUS CHRISTIANS and its licensors and suppliers cannot be held responsible for any loss or damage that may result from your access to or use of the website or services, including but not limited to any loss or damage to your computers or data. The website and services may contain bugs, errors, or other limitations that could cause problems or issues. It is your responsibility to take appropriate measures to protect your computer and data from potential harm.

It is important to note that a catastrophic event, such as a disk failure, could result in the loss of all data related to your account. You agree and understand that it is your responsibility to regularly back up your data to a personal computer or external storage device and to ensure that these backups are secure.

Additionally, VICTORIOUS CHRISTIANS and its licensors and suppliers have limited liability. To the maximum extent permitted by law, they will not be held responsible for any special, incidental, or consequential damages arising from your use of the website or services. This includes, but is not limited to, lost profits, lost data or confidential information, loss of privacy, failure to meet any duty, negligence, or any other damages that may arise. The maximum liability of VICTORIOUS CHRISTIANS and its licensors and suppliers to you under any circumstances is $5. You agree that this limitation of liability is reasonable and is a fundamental part of the agreement between you and VICTORIOUS CHRISTIANS. Without this limitation, the website and services would not be provided.

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimers of warranties or any other limitations of liability in any other agreement between you and VICTORIOUS CHRISTIANS or between you and any of VICTORIOUS CHRISTIANS’ licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Unless limited or modified by applicable law, the foregoing disclaimers, waivers, and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. VICTORIOUS CHRISTIANS’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the website or otherwise shall alter any of the disclaimers or limitations stated in this section.

As a user of the website and services, you represent and warrant that your use will be in accordance with this agreement and any other policies set by VICTORIOUS CHRISTIANS, as well as with any applicable laws and regulations, including US export control laws. You also represent and warrant that you are not located in, under the control of, or a national or resident of any country that the US has embargoed goods, identified as a “Specially Designated National,” or placed on the Commerce Department’s Table of Deny Orders.

YOUR REPRESENTATIONS AND WARRANTIES

As a user of the website and services, you represent and warrant that your use will be in accordance with this agreement and any other policies set by VICTORIOUS CHRISTIANS, as well as with any applicable laws and regulations, including US export control laws. You also represent and warrant that you are not located in, under the control of, or a national or resident of any country that the US has embargoed goods, identified as a “Specially Designated National,” or placed on the Commerce Department’s Table of Deny Orders.

INDEMNITY BY YOU

In addition to any other indemnification provisions in this agreement, you agree to defend, indemnify, and hold harmless VICTORIOUS CHRISTIANS and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action, and other proceedings (collectively, “Claims”) arising out of or relating to: (i) your breach of this agreement, including any representation or warranty contained in this agreement; (ii) your access to or use of the website or services; or (iii) your provision of information or other data to VICTORIOUS CHRISTIANS or any of the Indemnified Parties.

The Indemnified Parties have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim for which you are required to defend, indemnify, or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

DISPUTE RESOLUTION

This section covers any dispute between You and VICTORIOUS CHRISTIANS and how that dispute will be legally resolved, if necessary. It is important to note that these dispute resolution provisions only apply to disputes between VICTORIOUS CHRISTIANS and YOU, and not to disputes between You and any other Member.

(a) Governing Law and Venue. The Website, Services, and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Any cause of action by You arising out of or relating to the Website, Services, or this Agreement must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

(b) Requirement of Arbitration. If you and VICTORIOUS CHRISTIANS cannot resolve a dispute or other claim through negotiations, You agree that any dispute, of any nature whatsoever, between You and VICTORIOUS CHRISTIANS arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Los Angeles, California unless You and VICTORIOUS CHRISTIANS mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of California and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS’ fee and reasonable attorney’s fees) to the prevailing party. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

(c) No Class Actions Allowed. You and VICTORIOUS CHRISTIANS agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that You cannot participate in any sort of representative proceeding against VICTORIOUS CHRISTIANS, including as a plaintiff or class member in any purported class action.

(d) Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not prevent You or VICTORIOUS CHRISTIANS from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not prevent You or VICTORIOUS CHRISTIANS from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. The proper venue for any action permitted under this subsection regarding “equitable relief” will be the federal and state courts located in Los Angeles, California; the parties hereby waive any objection to the venue and personal jurisdiction of such courts.

GENERAL

(a) Entire Agreement. This agreement constitutes the entire agreement between VICTORIOUS CHRISTIANS and you concerning your use of the website and services.

(b) Partial Invalidity. If any part of this agreement is declared invalid, void, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a court of competent jurisdiction to be invalid, void, or unenforceable.

(c) No Waiver. The waiver by either party of any term or condition of this agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

(d) Assignment. This agreement and all of your rights and obligations under it cannot be assigned or transferred by you without the prior written consent of VICTORIOUS CHRISTIANS. This agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

(e) Independent Contractors. You and VICTORIOUS CHRISTIANS are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement.

(f) Third Party Beneficiaries. Except where expressly stated in this agreement, there are no third-party beneficiaries.

(g) Headings. The headings in this agreement are for convenience only and shall have no legal or contractual effect.