V&S grants you a limited license to access and make personal use of the V&S Websites, but not to download (other than page caching) or modify any portion of the V&S Websites, except as specifically authorized on the V&S Websites or otherwise with our express written consent. This license does not include any resale or commercial use of the V&S Websites, or the contents of the V&S Websites; any derivative use of the V&S Websites and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering and extraction services. The V&S Websites and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may be required to create an account and specify a password to use certain features on the V&S Websites. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact V&S via email or U.S. mail at the address specified at the end of this Agreement. You agree to indemnify and hold harmless V&S for losses incurred by V&S or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
All artwork, presentations, drawings, sketches, writings, photography, films, digital materials, ideas, concepts, designs, text, plans, other copyrightable material and all other results and proceeds of your services for V&S that you conceive, develop, produce or procure in connection with any V&S project at any time, including, without limitation, all elements thereof and all materials incorporated therein and all preliminary or other copies thereof, whether such materials and elements were conceived or created by you individually or jointly, and whether such materials and elements are included in or related to any initial submission you may make or, if you are requested to perform any additional rounds of services, such additional rounds of services, and all related materials and elements, shall all be referred to collectively herein as “Content” and shall all be “works made for hire,” with all rights therein, including, without limitation, the exclusive copyright, being the property of V&S or the V&S Client. In the event that any such Content is considered not to be a “work made for hire,” you hereby assign to V&S all right, title, and interest in and to such Content. For purposes of clarity, you understand that V&S or the V&S Client has the right to edit, alter, or modify the Content as it so chooses. You agree that you have no interest in any Content that you submit to V&S, including, without limitation, any security interest therein, and hereby release to V&S any interest therein (if any) which may be created by operation of law. In addition, you waive the benefit of any provision of law known as droit moral or moral rights, or any similar or analogous law or decision in any country of the world. You agree to execute and deliver any additional documents and paperwork that V&S may reasonably request (if any) in order to evidence the grant of rights contained in this Agreement.
You represent and warrant that any Content that you submit to V&S shall be original to you and created solely by you and does not infringe upon the copyright or any other right of any other person or entity, and that you have not previously granted any rights to such Content to any other person or entity. You further represent and warrant that use of the Content by V&S or the V&S Client in any manner, media or venue whatsoever, including, without limitation, for purposes of advertising and promotion of the V&S Client’s products and services, shall not violate any third party rights.
V&S is not responsible for, and does not endorse, Content or any opinion, recommendation, or advice expressed by others in any posting made by other users on the V&S Websites. Under no circumstances shall V&S be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the V&S Websites. If you become aware of misuse of the V&S Websites by any person, please contact V&S via email or U.S. mail at the address specified at the end of this Agreement. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
The following is a partial list of the kinds of conduct that are illegal or prohibited on the V&S Websites. V&S reserves the right to investigate and take appropriate legal action against anyone who, in V&S's sole discretion, engages in any of the prohibited activities. Prohibited activities include - but are not limited to - the following:
V&S reserves the right, at its sole discretion, but is not obligated to do any or all of the following:
All content included or available on the V&S Websites, including the site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright or other intellectual property laws and is owned or controlled by V&S (unless otherwise noted). V&S and/or its licensors retain all right, title and interest in and to all patent rights, trademarks, inventions, copyrights, know-how and trade secrets relating to the V&S Websites.
Additionally, all trademarks, logos, and service marks displayed on the V&S Websites are registered and unregistered Trademarks of V&S and/or third parties who have authorized their use (collectively the "Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. V&S will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. V&S neither warrants nor represents that your use of materials displayed on the V&S Websites will not infringe rights of third parties not owned by or affiliated with V&S. Use of any materials on the V&S Websites is at your own risk.
Except as expressly provided in the "Limited License" section above, your use of and access to the V&S Websites does not grant you any license or right to use any of V&S’ Trademarks, trade names or copyrights.
If you believe any Content on the V&S Websites infringes your copyright, you may request removal of such Content (or access thereto) from the V&S Websites by contacting V&S's Copyright Agent (designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2)) at the address set forth at the end of this document and providing the following information:
V&S’ copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Chief Operating Officer
Address: 1904 Pearl Street
Telephone: (720) 305-9822
In an effort to protect the rights of copyright owners, it is the policy of V&S to terminate the account or accounts of suspected infringers on V&S Websites in appropriate circumstances and at the sole discretion of V&S.
All software accessed and used by you through the V&S Websites is only licensed for your personal use pursuant to the terms of this Agreement. The software is the property of V&S and V&S shall retain full title and ownership rights in and to the software, including translations, modified forms, derivative works or copies of the forgoing that may be created by or for the benefit of you. You agree to use the software only for your own personal and internal business purposes. You agree not to decompile, disassemble or reverse engineer any V&S software or attempt to do so. You shall not copy, transfer, lend, sell, rent, lease or otherwise use the V&S software except as expressly permitted by this agreement. You shall not use a V&S software product in conjunction with any non-V&S product that decompiles or recompiles the V&S software or in any way creates a derivative or modified copy of the V&S software. You shall not take or permit any action that would enable yourself or any third party to claim any right, interest or ownership of any version, translation, compilation, modification or derivative work of any portion of the V&S software.
The V&S Websites may contain hyperlinks to third-party websites. V&S does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that V&S is not responsible or liable for any content or other materials on these third party websites.
The V&S Websites are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, V&S, ITS PARENT, SUBSIDIARIES, AND AFFILIATES (THE "V&S ENTITIES"), AND EACH OF THEIR AGENTS, CLIENTS, REPRESENTATIVES AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The V&S Entities, their agents, clients, representatives and service providers cannot and do not guarantee or warrant that: (a) the V&S Websites will be reliable, accurate, complete, or updated on a timely basis; (b) the V&S Websites will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the V&S Websites will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) any Content you post on the V&S Websites will remain on the V&S Websites; or (e) the functions or services performed on the V&S Websites will be uninterrupted or error-free or that defects in the V&S Websites will be corrected.
THE V&S ENTITIES', THEIR AGENTS', CLIENTS’, REPRESENTATIVES' AND SERVICE PROVIDERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE V&S WEBSITES OR ANY SUBMISSION OR REVISED SUBMISSION YOU MAY MAKE IN CONNECTION WITH ANY PROJECT IS TO DISCONTINUE YOUR USE OF THE V&S WEBSITES. THE V&S ENTITIES, THEIR AGENTS, CLIENTS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE V&S WEBSITES, ANY SUBMISSION OR REVISED SUBMISSION YOU MAY MAKE IN CONNECTION WITH ANY PROJECT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE V&S WEBSITES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE V&S ENTITIES, THEIR AGENTS, CLIENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE V&S ENTITIES', THEIR AGENTS', CLIENTS’, REPRESENTATIVES' AND SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Unless you otherwise tell V&S in writing, V&S will communicate with you by email (using the email you provided to V&S during the registration process, as amended by you) or by posting communications on the V&S Websites. You consent to receive communications from V&S electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after V&S send it to the email address you have provided to V&S (unless the sender is notified that the email address is invalid), or when V&S post such communication on the V&S Websites. You must keep your email address updated, and you must regularly check the V&S Websites for postings. V&S may also give you legal notice to the address provided during the registration process (as amended by you). In such case, notice shall be deemed given three days after the date of mailing.
V&S prefer all notices sent to V&S concerning this Agreement via email to firstname.lastname@example.org. Alternatively U.S. mail may be sent to:
Victors and Spoils, Inc.
1904 Pearl Street
Boulder, CO 80302
© 2010-2011 Victors & Spoils, Inc. All rights reserved.
You can browse some of our site without telling us who you are or otherwise transmitting personal information. In order to start or participate in projects, you are required to register and provide certain personal information. If you choose to give us personal information, you consent to the transfer and storage of that information on servers located in the United States. We may collect and store the following personal information: email address, date of birth, Twitter username, professional experience, project related information based on your activities on the V&S Websites (such as files uploaded for your projects or entries to a project); financial information, such as online payment system information like PayPal, information included in IRS Form W-9; community discussions, chats, dispute resolution, and correspondence sent to us; and standard web log information, such as connection information, statistics on page views, traffic to and from our site, ad data, and IP address.
V&S does not resell or redistribute your information. You agree that we may use your personal information to:
Either your public alias (optional), your first name and initial of your last name, or your avatar (optional) may be publicly displayed on the V&S Websites, however you may choose not to display any of the above. V&S employees and its independent contractors who may provide project level administrative functions can see for example the information you provided when you joined the V&S Community, your project submissions, communications and rank.
Your password is your key to your account. Use unique numbers, letters and special characters, and do not share your password with anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken on your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.
You can see, review and change your personal information via your account tab. You must promptly update your personal information if it changes or is inaccurate. Once you make a public work posting, you may not remove it. If you request, we will close your account and remove your personal information from view as soon as reasonably possible. We do retain personal information from closed accounts to comply with law, prevent fraud, make any payments owed, issue IRS 1099 forms, resolve disputes, troubleshoot problems, assist with any investigations, enforce our site policies, and take other actions permitted by law. Other Internet sites you visit, including those linked from the V&S website, may have their own privacy policies or no policy at all. Other websites might use personal information differently than our policy permits. We strongly encourage you to review the privacy policies of any site before providing any personal information.
We may disclose personal information if we are legally required to do so, to enforce our policies, to respond to claims that content you submitted violates the rights of others, or to protect the rights, property, or safety of third parties. We may also share your personal information with: entities or individuals that perform functions on our behalf, including, but not limited to, advertising, promotional, internet, and technical service providers (collectively, “Service Providers”) who help us with our business operations (such as website hosting, email compliance, data analysis, and fraud investigations); third parties to whom you expressly agree to share your information with; and law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity (we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, public alias history, IP address, fraud complaints, as well as project and entry history) or otherwise in response to the judicial process.
Transactions while logging in, registering and in a logged in session are conducted in a Secure Socket Layer (SSL) session, which encrypts all transaction data for transmittal in a format that prevents theft of the information. While on a secure page, a lock will appear on the web browser and this lets you know that you are in a secured session. Our databases are protected from general employee access both physically and logically. We encrypt your account password so that your password cannot be recovered, even by us.
The V&S website is intended for adults 18 years of age and older. V&S does not knowingly collect personal information from children under the age of 13.
In the event that V&S or any of its assets are acquired by a third party, personal information acquired by V&S may be one of the assets transferred in such acquisition.
V&S is not responsible for the policies, content, and practices of third party websites to which a V&S Website may link. Please refer to those sites’ own privacy policies to learn how they collect and use personal information.
Victors and Spoils, Inc.
1904 Pearl Street
Boulder, Colorado 80302
Phone: (720) 305-9822
Effective Date: July 30, 2010
or email us: email@example.com
At V&S, Rank is your reputation. In other words, your V&S Rank is more important than your job title. A V&S Rank is not given to you. A V&S Rank cannot be bought. Your Rank must be earned. The higher your Rank, the more we know we can depend on you and trust you. The higher your Rank, the more we may ask you to do – creative directing (curating), moderating, approving, producing. Oh. And the higher your Rank, the more we may pay you, too. So there’s that.
Your Rank tells others in the V&S Community where you stand. Sort of like a peacock’s feathers. Or a lion’s mane. Or that weird hump on that one kind of salmon.
* You may be wondering when you can see your Rank. Well, we’re working on making it public for all of you to see. For now we want to make sure our math nerds have tested our little algorithm to know the rank you are being given is absolutely accurate.
This number represents what we call “Score” within a given Rank level. This example indicates a score of 75. In order to reach the next higher Rank level, one must reach a score in one’s current Rank of 100. Do that, and you go up to the next Rank. Dig?
You earn points toward your score in many different and sometimes mysterious ways. Increasing your score mostly has to do with the quality and effectiveness of the ideas you submit on V&S briefs. But you can also increase your score by being thorough, responsive, attentive, positive, detail oriented, etc.
Simply put, submit a lot of great ideas while showing a positive attitude, and you’ll find yourself moving up consistently.
First, it’s not that common or easy to decrease your score. We want you to succeed, not fail. And we feel that if you’ve earned a certain Rank, you belong there. So to lose score points, you have to screw up pretty bad. But it is possible to go down. If you’re consistently performing poorly within your Rank, you will lose some score. If you ignore feedback, that won’t be so good either. Same with throwing a molotov cocktail at our office window here in Boulder. Score > DE-creased.
Oh man, how cool can one’s Rank Ribbon possibly get? Introducing Rank Specialty Stripes. And just as the name implies, Specialty Stripes are quite “special.” As you work on V&S projects, we are constantly learning more and more about what you’re really good at. In fact, there are 25 attributes against which we’re measuring your input on briefs, and the more you do, the more we learn about your expertise and individual skills. And the faster you have a chance to earn some Specialty Stripes.
But don’t be bummed if you don’t earn any.
Specialty Stripes ain’t easy to come by.
What do they mean? Well, you’re just going to have to discover that on your own. For now, let’s just say we here at V&S know exactly what they mean, and all you need to know is they tell us that the person who has them is a seriously talented mo-fo. So it behooves you to do your best and get some. Good luck.