Vitaly Kirkpatrick

Terms of Service

Last updated: August 31, 2026

This Terms and Conditions Agreement (the “Agreement”) is entered into as of August 31, 2026 by and between Vitaly Kirkpatrick (formerly published as Vitaly Magidov), an individual operating under the name VitalyBook.com from Utah, United States (hereinafter referred to as “Vitaly,” “the Owner,” or “we”), and any individual or entity accessing or using the website located at https://www.vitalybook.com (hereinafter referred to as “User” or “you”). This Agreement sets forth the legally binding terms and conditions governing your access to and use of VitalyBook.com, including the purchase of e-books, subscription to premium content, and participation in any interactive features. By indicating acceptance via the designated checkbox prior to accessing certain features or content, you acknowledge that you have read, understood, and agree to be bound by this Agreement. The purpose of this Agreement is to protect the intellectual property of Vitaly Kirkpatrick, establish clear user rights and responsibilities, outline payment and termination terms, and address dispute resolution, liability, and other essential matters in compliance with applicable Utah law and other relevant regulations.

Definitions

  1. “Agreement” means this Terms and Conditions Agreement, including all amendments, policies, and incorporated documents.
  2. “VitalyBook.com” or the “Website” refers to the online platform operated by Vitaly Kirkpatrick, accessible at https://www.vitalybook.com, including all associated content, features, and services.
  3. “Owner,” “Vitaly,” or “we” refers to Vitaly Kirkpatrick, the individual proprietor of VitalyBook.com.
  4. “User,” “you,” or “your” means any individual or entity who accesses or uses the Website.
  5. “Content” means all materials available on the Website, including but not limited to e-books, blog posts, images, text, graphics, audio, video, and other intellectual property owned or licensed by Vitaly Kirkpatrick.
  6. “Paid Content” refers to e-books and premium content available for purchase or through a subscription on the Website.
  7. “Book Listing” means links or information about books authored by Vitaly Kirkpatrick, which may be purchased externally (such as on Amazon.com).
  8. “Intellectual Property Rights” means all copyrights, trademarks, service marks, trade names, and other proprietary rights in and to the Content and Website.
  9. “Prohibited Activities” means any actions expressly forbidden by this Agreement, including but not limited to posting offensive, defamatory, or infringing content, or attempting to hack or disrupt the Website.
  10. “Third-Party Services” refers to external services or platforms integrated with or accessible through the Website, such as Google Analytics and Google AdSense, for which Vitaly Kirkpatrick disclaims responsibility.
  11. “Dispute Resolution” means the process for resolving disagreements under this Agreement, including mediation and, if necessary, arbitration, as further described herein.
  12. “Utah Law” refers to the laws and regulations of the State of Utah, United States, which govern this Agreement.
  13. “Indemnification” means the obligation of Users to compensate Vitaly Kirkpatrick for losses or claims arising from their misuse of the Website or violation of this Agreement.
  14. “Termination” means the cessation of a User’s access to the Website or services, whether initiated by the User or by Vitaly Kirkpatrick, as provided in this Agreement.
  15. “Effective Date” means the date on which the User accepts this Agreement by clicking the designated checkbox or otherwise indicating acceptance as required by the Website.
Additional terms may be defined throughout this Agreement as necessary for clarity and legal compliance.

Introduction and Definitions

  1. Introduction 1.1. This Terms and Conditions Agreement ("Agreement") governs your access to and use of VitalyBook.com ("Website"), an online platform operated by Vitaly Kirkpatrick (formerly published as Vitaly Magidov) ("Owner"), an individual residing in Utah, but subject to the laws of the State of Utah. 1.2. This Agreement constitutes a legally binding contract between you ("User" or "You") and the Owner. By accessing or using the Website, you agree to be bound by all terms and conditions herein. If you do not agree to these Terms and Conditions, you may not access or use the Website.
  2. Definitions 2.1. "Agreement": This Terms and Conditions Agreement. 2.2. "Content": All materials, including but not limited to, e-books, blog posts, images, videos, and other content available on the Website. This includes all intellectual property rights associated with these materials. 2.3. "Intellectual Property": All copyrights, trademarks, patents, trade secrets, and other intellectual property rights in and to the Content. 2.4. "Owner": Vitaly Kirkpatrick, operating VitalyBook.com as an individual. 2.5. "Premium Content": Content accessible only to Users who have purchased a paid subscription to the Website. Details on specific content and pricing can be found in section . 2.6. "Services": All services provided to Users through the Website, including but not limited to access to Content, account management, and subscription services. 2.7. "User" or "You": Any individual or entity that accesses or uses the Website. 2.8. "Website": VitalyBook.com and all associated web pages and content. 2.9. "Violation": Any act or omission by a User that constitutes a breach of this Agreement. 2.10. "Misuse": Any unauthorized or inappropriate use of the Website or its Content. Examples include, but are not limited to: posting offensive, defamatory, or copyrighted material without authorization; attempting to hack, disrupt, or otherwise interfere with the Website or its Services; or engaging in any activity prohibited under Section .
  3. Governing Law 3.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.
  4. Severability 4.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  5. Entire Agreement 5.1. This Agreement constitutes the entire agreement between the User and the Owner concerning the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
 

Acceptance of Terms

  1. Agreement to Terms By accessing or using VitalyBook.com (the "Website"), including accessing any features or content, you ("User") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Agreement"). If you do not agree to these Terms and Conditions, you may not access or use the Website.
  2. Clickwrap and Electronic Signature (a) Your use of the Website, and specifically, your clicking of the "I Accept" checkbox below (or commencement of usage after presentation of the Terms and Conditions), constitutes your electronic signature and signifies your acceptance of this Agreement. (b) Clicking the "I Accept" checkbox indicates your agreement to be bound by all terms and conditions outlined in this document. If you do not agree to these terms, do not click the checkbox and do not access or use any features or content of this Website.
  3. Legal Effect of Electronic Signature You understand and agree that your electronic signature, evidenced by your clicking of the "I Accept" checkbox and/or usage of the Website, is legally binding and has the same force and effect as a manually executed signature. This electronic acceptance complies with all provisions of the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
  4. Jurisdiction and Governing Law (a) This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. (b) You hereby submit to the exclusive jurisdiction and venue of the state and federal courts located in Utah County, Utah. (c) Notwithstanding the foregoing, disputes with non-U.S. users may be subject to the laws of their respective countries as determined by a court of competent jurisdiction.
  5. Age and Authority You represent and warrant that you are at least 18 years of age, are of legal age to enter into and form a binding contract under applicable law, and possess the legal authority to enter into this Agreement.
  6. Modification of Terms (a) VitalyBook.com reserves the right to modify or update these Terms and Conditions at any time, in its sole discretion. (b) Notice of any material changes will be provided to users by posting the revised Terms and Conditions on the Website and/or by direct notification. (c) Continued use of the Website after such notice constitutes your acceptance of the revised Terms and Conditions. If you do not agree to the revised terms, you must discontinue use of the Website.
  7. Entire Agreement This Agreement constitutes the entire agreement between you and Vitaly Kirkpatrick concerning your use of the Website and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
 

VitalyBook.com Services

  1. Description of Services VitalyBook.com is a blog and information resource operated by Vitaly Kirkpatrick. The Website provides users with free access to blog posts and related content. When users wish to purchase books authored by Vitaly Kirkpatrick, they will be redirected to Amazon.com, where all purchases are subject to Amazon’s terms and policies. VitalyBook.com does not process orders, payments, or handle refunds or shipping. These services are subject to the terms outlined below.
  2. Book Purchase Links When you click “Buy on Amazon” or a similar button on VitalyBook.com, you are redirected to Amazon.com, where you can purchase the book. VitalyBook.com does not sell products, process payments, or handle refunds. Any issues with payment, delivery, or returns must be addressed with Amazon under their terms and conditions.
  3. Service Interruptions While Vitaly Kirkpatrick makes reasonable efforts to provide uninterrupted access to the site and its services, continuous or error-free service is not guaranteed. Vitaly Kirkpatrick is not liable for any damages resulting from service interruptions or downtime beyond reasonable control.
  4. Governing Law This section is governed by the laws of the State of Utah, USA, as outlined in Section .
  5. Severability If any provision of this section is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
 

Intellectual Property Rights

  1. Ownership of Content 1.1. All content available on VitalyBook.com, including but not limited to e-books, blog posts, images, text, code, and other materials (collectively, the "Content"), is the sole and exclusive property of Vitaly Kirkpatrick and is protected by United States copyright laws and international copyright treaties. 1.2. Vitaly Kirkpatrick retains all rights, title, and interest in and to the Content, except as expressly granted to users under these Terms and Conditions.
  2. License Grant 2.1. Vitaly Kirkpatrick grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal, non-commercial use, subject to full compliance with these Terms and Conditions. 2.2. Except as expressly permitted, you may not download, reproduce, distribute, modify, display, perform, publish, transmit, or create derivative works from the Content without the prior written consent of Vitaly Kirkpatrick.
  3. Prohibited Uses 3.1. You agree not to: (a) Copy, reproduce, republish, upload, post, transmit, or distribute the Content in any way; (b) Modify, create derivative works from, or reverse engineer any aspect of the Content; (c) Use the Content for any commercial purpose; (d) Rent, lease, sell, sublicense, assign, or otherwise transfer any rights to the Content; (e) Remove or alter any copyright notices or other proprietary legends contained in or on the Content; (f) Use the Content to create a competing product or service; (g) Use the Content in a manner that infringes upon the intellectual property rights of any third party.
  4. Copyright Infringement 4.1. If you believe that any Content on VitalyBook.com infringes your copyright, please promptly contact Vitaly Kirkpatrick with detailed information regarding the alleged infringement. 4.2. Upon receipt of a valid notice, Vitaly Kirkpatrick will investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing Content.
  5. Reservation of Rights 5.1. Except for the limited license expressly granted herein, all rights in and to the Content are expressly reserved by Vitaly Kirkpatrick.
  6. Trademarks 6.1. Any trademarks, service marks, logos, or trade names displayed on VitalyBook.com are the property of Vitaly Kirkpatrick or their respective owners. 6.2. You may not use any such marks without the prior written consent of the owner.
 

User Conduct and Prohibited Activities

  1. Acceptable Use

1.1. Users of VitalyBook.com must comply with all applicable laws and regulations and use the platform responsibly and ethically. By accessing or using VitalyBook.com, users agree to adhere to the standards set forth in this section. Violation of these terms may result in suspension or termination of user accounts at the sole discretion of Vitaly Kirkpatrick.

  1. Prohibited Activities

2.1. Posting Infringing Content: Users must not upload, post, transmit, or otherwise make available any content that infringes upon the intellectual property rights of others, including but not limited to copyrights, trademarks, patents, or trade secrets, without prior written consent from the rights holder. This includes, but is not limited to, e-books, blog posts, images, audio, or video content. Users who believe their copyright has been infringed may submit a DMCA takedown notice in accordance with the DMCA’s procedures.

2.2. Posting Illegal or Harmful Content: Users must not upload, post, transmit, or otherwise make available any content that is illegal, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. Vitaly Kirkpatrick reserves the right to remove or modify, at any time and for any reason, without prior notice, any user content deemed offensive or inappropriate.

2.3. Impersonation: Users must not impersonate any person or entity, including, but not limited to, a VitalyBook.com representative, another user, or any third party.

2.4. Website Disruption: Users must not engage in any activity that interferes with or disrupts the operation of VitalyBook.com. This includes, but is not limited to, denial-of-service attacks, unauthorized access, hacking, spamming, or attempts to compromise the website’s security.

2.5. Data Collection and Scraping: Users must not collect, scrape, or harvest data, content, or other materials from VitalyBook.com without express written authorization.

2.6. Malware: Users must not upload, transmit, or otherwise make available any content containing viruses, spyware, malware, or any other harmful or destructive code.

2.7. Solicitation: Users must not engage in unsolicited commercial communication, including, but not limited to, spam, chain letters, pyramid schemes, or other forms of unsolicited advertising.

2.8. Violation of Privacy: Users must not share, publish, or otherwise disclose personal information about another user without that user’s explicit consent.

  1. Consequences of Violation

3.1. Violation of this section may result in one or more of the following actions, at the sole discretion of Vitaly Kirkpatrick:

(a) Immediate termination of user access to VitalyBook.com;

(b) Suspension of the user’s account;

(c) Removal of offending content;

(d) Initiation of legal action, including the pursuit of civil damages and recovery of legal fees, in the event of violations involving copyright infringement, defamation, intellectual property infringement, or threats to the security of the website.

4. Reporting Violations

4.1. Users are encouraged to report any violations of these terms by contacting .

5. Disclaimer

5.1. Vitaly Kirkpatrick reserves the right to modify or amend this section at any time without prior notice. If any provision of this section is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

 

Account Termination

1. Termination by Vitaly Kirkpatrick

          1.1 Vitaly Kirkpatrick reserves the right to terminate any user account at any time and without prior notice if the user violates these Terms and Conditions. Grounds for termination include, but are not limited to: (a) Posting content that is offensive, defamatory, or infringes upon the copyright or intellectual property rights of others; (b) Attempting to hack, disrupt, or otherwise compromise the security or functionality of the website; (c) Engaging in fraudulent activity or misuse of the website, including the use of unauthorized bots or scripts; (d) Repeated violations of the acceptable use policies as outlined in these Terms and Conditions.

1.2 Upon termination by Vitaly Kirkpatrick, the user’s access to all features and content will cease immediately. Any data associated with the account may be retained or deleted in accordance with Vitaly Kirkpatrick’s internal data retention policy, as further described in the Privacy Policy.

2. Effect of Termination

2.1 Upon termination of this Agreement by either party, all rights granted to the user under these Terms and Conditions shall immediately cease.

2.2 Unless otherwise expressly provided in these Terms and Conditions, users shall have no further claim to any purchased content or subscription benefits beyond the effective date of termination.

2.3 Vitaly Kirkpatrick is not responsible for any data loss resulting from account termination. Neither party shall be liable for any damages, including financial, data, or emotional damages, arising from or related to account termination.

3. Notice of Termination

3.1 Vitaly Kirkpatrick will provide users with reasonable notice of account termination, except in cases of severe or immediate violations that may pose a threat or harm to the platform or its users.

3.2 Notice may be provided via email to the user’s registered email address or through a notice displayed on the website, where practicable.

4. Severability

4.1 If any provision of this Account Termination section is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Liability Limitations

  1. Scope of Liability Limitations This section outlines the limitations of Vitaly Kirkpatrick’s liability to users of VitalyBook.com for damages arising from or relating to the use of the website, services, or content. These limitations apply to the fullest extent permitted by applicable law, including but not limited to Utah law.
  2. Limitation of Liability for Website Errors and Interruptions To the maximum extent permitted by applicable law, Vitaly Kirkpatrick shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to the use of, or inability to use, VitalyBook.com, even if Vitaly Kirkpatrick has been advised of the possibility of such damages. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
  3. Content Accuracy Disclaimer While Vitaly Kirkpatrick strives to ensure the accuracy and completeness of the content on VitalyBook.com, he does not warrant or guarantee its accuracy, completeness, reliability, or timeliness. Vitaly Kirkpatrick assumes no liability for any errors or omissions in the content, or for any reliance placed upon such content by users.
  4. Limitation of Liability for Third-Party Services VitalyBook.com utilizes third-party services, including but not limited to Google Analytics and AdSense. Vitaly Kirkpatrick is not responsible for the actions, privacy practices, or content of these third-party services. Users agree to use such services subject to their respective terms of service and privacy policies.
  5. Exclusion of Warranties To the maximum extent permitted by applicable law, VitalyBook.com and its content are provided “as is” and without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  6. Limitation on Aggregate Liability In no event shall Vitaly Kirkpatrick’s total liability to you for all claims arising out of or related to the use of VitalyBook.com exceed the total amount paid by you to Vitaly Kirkpatrick for use of the website in the twelve (12) months preceding the claim arising. This limit applies regardless of whether the liability is based on breach of contract, negligence, or any other legal theory.
  7. Definition of “Reasonable Control” For purposes of these Terms and Conditions, “reasonable control” refers to Vitaly Kirkpatrick’s ability to prevent or remedy website errors, service interruptions, or inaccuracies through the exercise of reasonable diligence, taking into account factors such as technological limitations and unforeseen circumstances.
  8. Severability If any provision of this Liability Limitations section is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
 

Indemnification

  1. Indemnification Obligation User agrees to indemnify and hold harmless Vitaly Kirkpatrick, his agents, employees, successors, and assigns, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with User's access to or use of VitalyBook.com, User's violation of these Terms and Conditions, or User's violation of any applicable law or the rights of a third party.
  2. Specific Indemnifiable Actions Such claims, liabilities, damages, losses, costs, and expenses include, but are not limited to, those arising from: (a) User's violation of any intellectual property rights of Vitaly Kirkpatrick or any third party; (b) User's posting of defamatory, offensive, or illegal content on VitalyBook.com; (c) User's unauthorized access to or use of VitalyBook.com or its systems; (d) User's breach of these Terms and Conditions; (e) User's violation of any applicable law or regulation.
  3. Limitation of Liability This indemnification obligation shall survive the termination of these Terms and Conditions. The foregoing indemnification obligation is subject to the limitations of liability set forth in Section .
  4. Cooperation User agrees to cooperate fully with Vitaly Kirkpatrick in the defense of any such claim, including providing all reasonably requested information and assistance.
  5. Governing Law This indemnification obligation shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles.
  6. Severability If any provision of this Indemnification section is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  7. Definition of Misuse For the purposes of this section, "misuse of the website" includes, but is not limited to, unauthorized distribution of content, unauthorized scraping or extraction of data, attempts to gain unauthorized access to the website or its systems, and any other actions that cause or are likely to cause harm to Vitaly Kirkpatrick, VitalyBook.com, or any third party.
 

Severability

If any provision or part of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction under applicable law (including, but not limited to, the laws of the State of Utah), such provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions. The parties agree that any such invalid, illegal, or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent and economic effect of the severed provision, to the extent permitted by law.

Waiver

No failure or delay by Vitaly Kirkpatrick, operating as an individual and owner of VitalyBook.com, in exercising any right, remedy, power, or privilege under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Any waiver of any provision of these Terms and Conditions will be effective only if made in writing and signed by Vitaly Kirkpatrick. The waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

Entire Agreement

These Terms and Conditions, together with any referenced policies (including but not limited to the Privacy Policy and any payment or subscription terms), constitute the entire agreement between you, the user, and Vitaly Kirkpatrick, owner and operator of VitalyBook.com, regarding your access to and use of the website and its services. This Agreement supersedes all prior or contemporaneous understandings, communications, representations, or agreements, whether written or oral, relating to the subject matter herein. No amendment or modification of these Terms and Conditions shall be effective unless in writing and expressly agreed to by Vitaly Kirkpatrick.

Attestation

IN WITNESS WHEREOF, the parties acknowledge and affirm that they have read, understood, and agreed to be bound by these Terms and Conditions governing the use of VitalyBook.com. This Agreement is entered into by and between Vitaly Kirkpatrick, an individual operating from Utah and owner of VitalyBook.com, and the user, who has indicated acceptance by clicking the designated checkbox prior to accessing certain features or content. Both parties recognize that this Agreement is governed by the laws of the State of Utah, and that acceptance constitutes a legally binding contract as of the date of user acknowledgment.