Legal

Trademarks

 

Thelogo, the  logo, Victory Seeds^®, and the victoryseeds.com registered domain names, and their TLD variants, and the slogan "Preserving the future, one seed at a time"™, are the property of the Victory Seed Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

A trademark is a word, symbol, a design, or a combination of these, used to distinguish the goods or services of one person or organization from those of others in the marketplace. Trademarks represent not only actual goods and services, but more importantly, the identity and reputation of the producer.  As such, they are considered valuable intellectual property and is protected through legal proceedings from misuse and imitation.

In order to maintain the high quality of our seed, we only sell direct to customers. We do not sell through any other outlet or agent - resale of our seeds is not authorized and constitutes trademark infringement through implication of endorsement. If you have purchased seed packets bearing our name and they were not obtained directly from us, no warranty is extended and we would suggest that you return the product to the vendor for a refund.

Use of Cookies

A cookie, also known as a web cookie, browser cookie, and HTTP cookie, is a piece of text stored on a your computer by your web browser.  Since they are small text files, cookies are not executable. Because they are not executed, they cannot replicate themselves and are not viruses.  Wikipedia has a good explanation of cookie technology here. Cookies are necessary for the proper operation of our shopping cart system to keep track of what you are adding to your shopping cart. In order to shop, you will need to set your web brower to accept cookies from us.

Web Site Disclaimer

Victory Seed Company IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. Victory Seed Company DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Victory Seed Company DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

This site contains links to other Web sites that provide information or services that we think are of value to our customers. Although we carefully consider who we link to, please do not assume that these sites have the same beliefs or values regarding privacy, security, politics, etc. The Victory Seed Company is not responsible for the privacy practices or the content of such Web sites.

Except as specifically stated on this site, neither Victory Seed Company nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

LEGAL NOTICE TO GETTY IMAGES, STOCK FOOD, GARDEN WORLD IMAGES, GALLERY STOCK, FLORAMEDIA, PICSCOUT, CYVEILLANCE, ANY AND ALL OF THEIR CLIENTS, SUBSIDIARIES, AGENTS OR ASSIGNEES, AS WELL AS ANY SIMILAR INDIVIDUAL, BUSINESS, OR ORGANIZATION

Legal Notice addressed to Getty Images, Stock Food, Garden World Images, Gallery Stock, Floramedia, PicScout, Cyveillance Intelligence Center, any and all of their clients, subsidiaries, agents, or assignees, as well as any similar individual, business, or organization (hereafter referred to collectively as “entities”) who practice the data-mining behaviors outlined in this policy, are prohibited from accessing this website, VictorySeeds.com, as well as any and all web properties owned or managed by the Victory Horticultural Group, LLC.

1. 
   
   Permission for any and all unauthorized scanning robot programs to access this site is explicitly denied. Robots.txt files must be observed. Additionally, all other robots which scan content for the reason of any criminal or civil law enforcement purposes are also denied permission to access this site at any time without legal authority and a duly served warrant in accordance with the Fourth (4th) Amendment of the Constitution of the United States of America and duly codified laws of the State of Oregon.
2. 
   
   You are specifically prohibited from downloading, copying, or re-transmitting any or all of the site or content without, or in violation of, a written license or agreement from the Victory Seed Company by using any data mining, robots or similar data gathering or extraction methods. Such unauthorized use also violates the Computer Fraud and Abuse Act (Title 18 U.S.C. § 1030). The CFAA states (a) Whoever (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains — (C) information from a protected computer is in violation. So by this definition, these entities routinely violate the CFAA and can be held legally accountable.
3. The images and content on this site were either created by our own staff, are open source, or in rare instances, were submitted by the copyright owners of said content. This includes all content that appear on our websites, Facebook pages, Google+ profile, YouTube channel, or any other social media service where we have posted our intellectual properties. All of our copyrighted property is for the sole use of the Victory Seed Company or our assignees. Use of any of our content, for any purpose, by any entity, without our prior written consent, is hereby prohibited.

Notice concerning demands for damages originating from any entities utilizing “scanning robots” (also known as data-miners, robots, webbots, spybots, bandwidth thieves, site trolls, etc.) sending “demand notices” prior to initiating a DMCA takedown process; All payment demands SHALL BE REFUSED if any threats of legal action are ever received demanding “damages” prior to sending the requisite DMCA takedown notification. Additionally, we will forward said demands to our legal counsel with the intent of seeking damages in the amount of NO LESS THAN $25,000 per violation of this Terms of Service concerning the use of image scanning robots, and/or $500 per hour for any time accrued responding to such violation.

WHY? Why is this harsh sounding policy necessary?

Firstly, we do not advocate copyright violation.  As a matter of fact, as you can surmise from our copyright policy, we are a firm defender in its protection. It really sucks that we have to even consider this issue. But a bit of background . . . We could probably be accused of having an overly developed sense of right and wrong. For this, we offer no apologies. We were just brought up to believe in living by “The Golden Rule.”

However, in this day and age, there are entities that seek financial gain without honoring right and wrong. They use their resources to increase their power by bending the intent of rules and laws, by ignoring said rules and laws, or by having them rewritten and executed for their benefit.

There are plenty of reasons for us, and everyone who maintains a website, to block these types of bottom-feeding entities who utilize “spybots” and scare tactics; Disregarding robots.txt and costly gross bandwidth utilization come to mind. These entities' only goal is to discover instances that even remotely resembles a copyright infringement in order to send extortion letters demanding ridiculous claims for settlement and threatening legal action. This even happens with materials that you may have created and somehow have found their way into the large image archives of entities, or in some cases, that you have legally licensed from copyright owners.

To learn more information about this blight on the internet, perform a search using “extortion letter info." Everyone who publishes content on the web needs to be aware of this practice of trolling.