Terms of Use | Viktor Kilo | Brand Elevation Agency

Last Updated: August 25, 2020

It is your responsibility to read these Website Terms of Use (“Terms of Use”) carefully before accessing or using this Website, software, apps, and/or plug-ins made available by Viktor Kilo, LLC (the “Site”).

Acceptance of Terms of Use

These Terms of Use form a legally binding agreement between you (collectively, “User” or “You” or “Your”) and Viktor Kilo, LLC (“Viktor Kilo”). You agree to and are legally bound by the terms and conditions set forth below and in any modified or additional terms that Viktor Kilo may publish from time to time. You also confirm, represent, and warrant that you are at least 18 years old at the time of using this Site. If you do not agree to all of the terms and conditions contained in these Terms of Use, please do not access or use this Site.

Viktor Kilo is a full-service digital agency that helps clients of all sizes with every element of their online marketing strategy and implementation through website design and development, brand elevation services in social media and public relations, and business transformation consulting. Viktor Kilo’s clients receive the benefits of a small, focused, personal team along with the benefits of working with an agency that provides a wide range of professional talents necessary for a successful project, including, but not limited to, designers, strategists, developers and digital marketing specialists.

Viktor Kilo may change the Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of the Site to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Intellectual Property; Limited License to Users

Subject to your compliance with these Terms of Use and the law, you may access and use the Site. Viktor Kilo remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Viktor Kilo may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Viktor Kilo’s sole discretion. Viktor Kilo provides the Site on an “as is” and “as available” basis.

All content on this Site, including but not limited to images, artistic works, and related metadata (collectively the “Viktor Kilo Content’), as well as the selection and arrangement of the Viktor Kilo Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Viktor Kilo Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Viktor Kilo, Viktor Kilo does not grant any express or implied permission to use the Site or any Viktor Kilo Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Viktor Kilo Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Viktor Kilo Content.

Unless you enter into a license agreement with Viktor Kilo you may not download, distribute, display and/or copy any Viktor Kilo Content.

You may not remove any watermarks or copyright notices contained in the Viktor Kilo Content.

Viktor Kilo Trademarks.

For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Viktor Kilo.

Nothing contained herein grants or shall be construed to grant you any rights to use any Viktor Kilo Trademark, unless expressly conferred by these Terms of Use.

You agree that you will not use Viktor Kilo’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Viktor Kilo.

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Viktor Kilo Trademarks or the Trademark rights claimed by Viktor Kilo.

You agree that you will not use any Viktor Kilo Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without Viktor Kilo’s prior written consent, any word or mark which is similar to or likely to be confused with Viktor Kilo’s Trademarks.

The look and feel of the Viktor Kilo website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Viktor Kilo and may not be copied, imitated or used, in whole or in part, without the prior written consent of Viktor Kilo.

All other trademarks, images, copyrights, Viktor Kilo Content, product names, and company names or logos used or appearing on the Viktor Kilo website are the property of Viktor Kilo or its vendors. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Viktor Kilo, unless expressly so stated.

You may not use a Viktor Kilo trademark, logo, image or other proprietary graphic of Viktor Kilo to link to the Viktor Kilo website without the prior written consent of Viktor Kilo.

You may not frame or hotlink to the Viktor Kilo website or any Image without the prior written consent of Viktor Kilo.

Information You Provide.

Viktor Kilo (and/or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Viktor Kilo subject to your agreement with the applicable third-party platform. Viktor Kilo’s collection and use of all such information shall at all times conform to this Terms of Use, the Viktor Kilo Privacy Policy, and applicable law.

Viktor Kilo will use and protect your personal information, such as your name and address, in accordance with the Viktor Kilo Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.

Limited Commercial License.

You may not use any Viktor Kilo Content for any purpose without obtaining a commercial license to use such Viktor Kilo Content. Any use of Viktor Kilo Content is subject to the Viktor Kilo Terms of Use. Any use of Viktor Kilo Content by you shall be governed by and subject to the commercial license terms. Please contact Viktor Kilo if you wish to license Viktor Kilo Content.

Displaying and/or distributing to the public any watermarked or unlicensed Viktor Kilo Content (whether incorporated into a derivative work or alone) constitutes copyright and/or trademark infringement.

Limitations.

In addition to other restrictions under the Terms of Use, you agree that you shall not:

Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Viktor Kilo or any third party.

Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.

Violate the rights of Viktor Kilo or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

Disrupt the Site or the way it functions, interfere with other users’ enjoyment of the Site or Services or use the Site to deceive, harass or solicit people.

Scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.

Restriction and Termination of Use.

Viktor Kilo may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Viktor Kilo Content at any time in Viktor Kilo’s discretion, without prior notice or liability to you. Any conduct by you that, in Viktor Kilo’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice. Further any violation of any intellectual property rights of Viktor Kilo or any other breach of these Terms of Use shall result in the termination of your access to the Site without further notice.

Links to Third Party Sites.

In the event that the Site is available through any third-party platform, or if Viktor Kilo provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Viktor Kilo makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Viktor Kilo, and Viktor Kilo provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Viktor Kilo.

Warranties and Disclaimers

Your use of the Site is at your own risk. The Site is provided by Viktor Kilo under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Viktor Kilo expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, 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, Viktor Kilo makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Viktor Kilo makes no representations or warranties that the Site will be permitted in your jurisdiction, that the Site will meet your needs, or that Viktor Kilo will continue to support any particular feature of the Site. 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 Site, and no warranties shall apply after such period.

VIKTOR KILO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS SECTION 10.

Indemnification.

You agree to defend, indemnify and hold harmless Viktor Kilo, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, venders, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Viktor Kilo Content, and/or your violation of any rights of another.

Miscellaneous.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be in Chicago, Illinois. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Viktor Kilo shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Viktor Kilo, such action is necessary or desirable. YOU AND VIKTOR KILO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Viktor Kilo agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Viktor Kilo acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under these Terms of Use.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Illinois, without respect to its conflict of laws principles.

In the event of any conflict between these Terms of Use and any license agreement you enter with Viktor Kilo (including the Terms of Service), the terms of such license agreement shall control.

These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.