This agreement is in effect as of April 4, 2023.
This Terms of Service policy governs your use of our website, services, and products. By accessing or using our website, you agree to be bound by the terms and conditions outlined in this policy. If you do not agree to the terms of this policy, you may not access or use our website.
The policy’s purpose outlines the terms and conditions for using our website and services.
Scope of the policy: This policy applies to all users of our website and services.
Acceptance of the policy: By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by this policy.
Right to Change Policy: We reserve the right to change this User Agreement occasionally without notice. You acknowledge and agree that you must review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
II. Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein you understand that:
- To access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to your unauthorized activities, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally, we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any content to our website, then it is your responsibility to use these tools responsibly and ethically. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or another proprietary right of any party;
- Contains any unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any vitalybook.com employees or representatives.
- We have the right at our sole discretion to remove any content that, in our judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.
- You agree to indemnify and hold harmless vitalybook.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as reasonably requested.
- Additionally, you agree to use the Services only for lawful purposes and in a manner consistent with all applicable laws and regulations. You may not use the Services to:
- Harass, threaten, or intimidate others
- Promote or engage in illegal activities
- Post content that is obscene, defamatory, or otherwise harmful to others
- Share personal information about others without their consent
- Engage in spamming or phishing
Infringe upon the intellectual property rights of others
- Misrepresent yourself or your affiliation with any person or organization
- Use automated means to access the Services or to collect information from the Services
- Interfere with the operation of the Services or with other user’s enjoyment of the Services
- You acknowledge and agree that we may investigate any violation of these terms and conditions and take any action we deem appropriate, including but not limited to suspending or terminating your access to the Services, removing any offending content, and cooperating with law enforcement authorities in prosecuting any illegal activities.
III. Intellectual Property Rights
Ownership of content: All content on our website, including but not limited to text, graphics, logos, images, and software, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.
Copyright and trademark infringement: Users are prohibited from using our website and services to infringe on the intellectual property rights of others.
DMCA takedown procedures: If you believe your copyrighted work has been infringed on our website, you may submit a notice of infringement to our designated agent.
Security measures: We take reasonable measures to protect the security of the personal information that we collect and store.
Third-party sharing and disclosure: We may share personal information with third-party service providers that help us operate our website and services. We do not sell or rent personal information to third parties.
V. Disclaimer of Warranties and Liability
Limitation of liability: We do not guarantee the accuracy, completeness, or usefulness of any information on our website. We are not liable for any damages from using our website and services.
Indemnification: Users agree to indemnify us and our affiliates, officers, agents, and employees from any claims, damages, or liabilities arising from using our website and services.
VI. Termination and Suspension
Grounds for termination or suspension: We may terminate or suspend a user’s access to our website and services for any reason, including but not limited to a violation of this policy or applicable laws.
Notice and appeal procedures: We will notify a user whose access to our website and services has been terminated or suspended. Users may appeal the termination or suspension by contacting us.
Violations of Terms and Conditions: We may investigate any violation of these terms and conditions and may take any action we deem appropriate, including but not limited to suspending or terminating your access to the services, removing any offending content, and cooperating with law enforcement authorities in prosecuting any illegal activities.
You acknowledge and agree that we may investigate any violation of these terms and conditions and take any action we deem appropriate, including but not limited to suspending or terminating your access to the Services, removing any offending content, and cooperating with law enforcement authorities in prosecuting any illegal activities.
VII. Modifications to the Policy
Right to modify the policy: We reserve the right to modify this policy at any time. Any modifications will be effective immediately upon posting on our website.
Notice of changes: We will provide notice of any material changes to this policy by posting a notice on our website.
Continued use of the service: By continuing to use our website and services after any modifications to this policy, users agree to be bound by the modified policy.
VIII. Governing Law and Jurisdiction
The final section of the policy outlines the governing law and jurisdiction for any disputes that may arise. The company may choose the law that governs the policy and the jurisdiction for resolving disputes, which could be the company’s state of Utah or federal court. In a dispute, users may be required to resolve the issue through arbitration or mediation rather than litigation.
IX. Open Communication Tools
We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. While we do not pre-screen or monitor the content posted by users, we reserve the right to remove any content that violates this User Agreement, is offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks.
X. Contact Information
Users can also submit feedback or complaints through an online form the company provides on its website.
XI. Effective Date and Last Updated
Finally, the policy includes the effective date and the last updated date. The effective date is when the policy takes effect, and the last updated date indicates when the policy was last revised. Users should be aware of these dates and regularly check for any policy updates.