Effective Date: March 10, 2022
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1. Site Terms Introduction
Vostra Moda, LLC (“Vostra Moda”, “us”, “we”, and “our”) operates vostramoda.com (the “Site“) that links to these Terms of Use (the “Site Terms” or “Terms of Use“) to provide online access to information about Vostra Moda, and our Offerings and opportunities.
The Site Terms detail the rights relating to the use of the Site, please review them carefully as they are a legally binding agreement between the User and/or Visitor (“you” and “your”) and Vostra Moda.
1.1 Definitions
Any capitalized words or phrases not defined in the Site Terms have the meaning as specified in the Privacy Policy.
Unless the context otherwise clearly indicates, all capitalized terms used in the singular include the plural and vice versa.
2. What Are The Terms?
Additional terms and conditions or policies may apply to your use of specific Offerings or portions of the Site, all of which documents are incorporated herein by this reference:
We refer to the Site Terms and the terms and conditions and policies that are presented by us and accepted by you collectively as the “Legal Agreement“.
The Privacy Policy explains how we collect, use, and share your personal information for our own purposes. Be sure to read it carefully.
Each of these documents, including the Site Terms, may be changed from time to time and are effective immediately upon posting such changes to the Site.
- See the Terms Changes section for full details related to Site Terms guidelines on changes.
In your compliance with the Site Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Site.
2.1 Your Acceptance of The Terms
By using the Site, you acknowledge, accept, and agree with all provisions of the Site Terms in full. If you do not agree to the Site Terms, please do not use the Site.
3. The Content
All text, graphics, images, interfaces, design, and/or other works that you see, hear, or otherwise, experience on the Site, including trademarks, service marks, logos, and other intellectual property, whether registered or unregistered (collectively, “Content“) is owned, controlled, or licensed by or to Vostra Moda, and is protected by trade dress and copyright.
Except as expressly provided in the Site Terms no part of the Site and no Content may be copied, modified, traded, leased, resold, reproduced, redistributed, reused, transmitted, broadcasted, performed, displayed, or otherwise disseminated in any way.
You may use the Content purposely made available by us for downloading from the Site, provided that you…
- Not remove any proprietary notices;
- Use such Content for personal use only;
- Make no modifications to any such Content; and
- Make no additional warranties relating to such Content.
3.1 Your Contributions
You may interact with the Site in numerous ways, such as by leaving reviews, ratings, testimonials, and posting information in our comment areas, message boards, public chats, or other areas (collectively, “Interactive Features“), or otherwise by sharing any user-generated content you may post on the Site or provide to us (“Contributions“).
If you share Contributions, you hereby grant us…
- A perpetual, non-exclusive, transferable, sub-licensable, irrevocable, worldwide, royalty-free license; to
- Copy, modify, download, reproduce, redistribute, reuse, transmit, broadcast, perform, prepare derivatives of, or display in any way such Contributions; and
- Grant to others the rights to the foregoing, even if such Contributions are altered in a manner not agreeable to you.
You represent that you have all right, title, and interest to the Contributions and that your sharing of such Contributions does not violate or constitute a breach of any agreement with any other person or entity.
We are not responsible, nor do we claim to endorse any Contributions. We are under no obligation to prescreen, monitor, edit, move, or remove any Contributions, however, we retain the right to the foregoing.
Your Contributions shall be deemed to be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of such Contributions.
4. Permitted Use
You may use the Site and the Content, solely for your non-commercial, personal purposes and/or to learn about us, and our Offerings and opportunities.
5. Prohibited Use
By using the Site, you agree that you will not:
- Use the Site for any purpose that is unlawful or in violation of the Site Terms;
- Use any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, other automatic devices, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site;
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third-party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third-party, the Site in any way;
- Use the Site in any manner that damages, disables, overburdens, or impairs the Site or interferes with any other party’s use of the Site;
- Attempt to gain unauthorized access to the Site or other accounts, computer systems, or networks used by the Site;
- Mirror or frame the Site, in whole or in part, on any other website or web page; and
- Access the Site by any means other than through the interface that is purposely made available through the Site
Unauthorized use of the Site may violate patent, copyright, trademark, and other laws, and will immediately terminate your license to use the Site.
6. Links to Other sites
The Site may contain links to other independent third-party websites (“Linked Sites“) that are provided solely as a convenience to you.
Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained therein.
You will be subject to the terms of use and privacy policy applicable to such Linked Sites.
7. Indemnification
You will indemnify, defend, and hold Vostra Moda, and its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, harmless from and against any and all, demands, liabilities, losses, damages, costs, expenses (including attorneys’ fees and costs), made by any third-party due to or arising out of or in connection with your use of the Site.
8. Disclaimer of Warranties
The Site is provided to you “as is” and on an “as available” basis, without warranties whatsoever.
We explicitly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We make no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site.
Without limiting the foregoing, we do not represent or warrant that the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Site, or the servers that make it available are free of viruses or other harmful components, or that the Site will otherwise meet your needs or expectations.
We do not guarantee continuous, uninterrupted, or secure access to the Site. Operation of the Site may be subject to interference outside our control. Further, scheduled and preventative maintenance as well as required and emergency maintenance may temporarily interrupt services or access to the Site.
We do not guarantee your success merely upon your access to, participation in, or your purchase of any Offering or related materials. Further, testimonials, ratings, and reviews on the Site are non-representative of all our Clients, and are not indicative of typical results. Individual outcomes will vary and past performances do not guarantee future results.
The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delays in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence, or any other course of action by us.
9. Limitation of Liability
To the extent allowable by law, in no event will Vostra Moda and its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, be liable for lost profits, business interruption, or for any indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to the Site or the Site Terms (however arising, including negligence).
Our liability and the liability of our subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, to you or any third-party for damages for any and all causes whatsoever, will not exceed the greater of $100 USD.
10. Professional Disclaimer
We are not medical, legal, financial, or other professionals, or if we are, we are not offering our professional services, nor are we acting in any professional capacity.
The Site are for educational and entertainment purposes only. No part of the Site should be construed as medical, legal, or financial advice.
If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP respectively.
We expressly disclaim any and all responsibility for your use, omissions, or reliance of any information contained on the Site, or any related materials is solely at your own risk.
11. Copyright Infringement
We respect the intellectual property rights of others and take claims of copyright infringement seriously. It is our policy to respond promptly to claims of infringement.
11.1 Notification
If you believe that any Content or Contributions to the Site or the Service infringes your copyright, you may notify us by providing our copyright agent the following information in writing:
- The physical or electronic signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- Identification of the copyrighted work or works, that you claim has been infringed;
- Identification of the material that is claimed to be infringing in a sufficiently precise manner to permit us to locate the material;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in your written notice is accurate;
- A statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Upon receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable intellectual property laws.
We will expeditiously remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity upon the receipt of notices complying or substantially complying with the DMCA. We will take reasonable steps to notify the subscriber that we have removed or disabled access to such material.
11.2 Counter-Notification
Upon receipt of a counter-notification under the DMCA, we will provide the person who provided the initial notification of claimed infringement with a copy of the counter-notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Site or network.
You may notify us by providing our copyright agent the following information in writing:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled;
- Identification of the location the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where Vostra Moda is located (if you are not in the U.S.); and
- Your consent to accept service of process from the party who submitted the takedown notice.
12. Miscellaneous
12.1 No Waiver
We will not be considered to have waived any portion of our rights or remedies unless the waiver is in writing and signed by us. If we delay enforcing or fail to enforce our rights under any provision of the Site Terms, that will not constitute a waiver of our right to subsequently enforce such provision or any part of the Site Terms.
12.2 Severability
If any provision of the Site Terms is or becomes illegal, unenforceable, or invalid, such provision will be enforced to the maximum extent permitted and the remainder of the Site Terms will remain in full force and effect without being impaired or invalidated in any way.
12.3 Survivability
Any rights or obligations contained herein that by their nature should survive termination of the Site Terms will survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, limitations of liability, and confidentiality obligations.
12.4 Governing Law
The Site Terms and the relationship between you and Vostra Moda will be governed by, constructed, and interpreted in accordance with, the laws of the State of New Hampshire, U.S.A. Jurisdiction of any and all such disputes will lie in the state and federal courts sitting in Hillsborough County, New Hampshire.
12.5 Amendments
No modification or amendment to the Site Terms by anyone other than Vostra Moda will be binding upon us unless written and signed by a duly authorized representative of Vostra Moda.
12.6 Entire Agreement
The Site Terms, and any applicable references herein, constitute the entire Legal Agreement of the parties with respect to the subject matter hereof and supersede and replace all prior and contemporaneous related agreements, claims, representations, and understandings of the parties.
13. How to contact us
All notices or communications will be by email or in writing. Email is permissible but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.
ATTN: Brianna White
Vostra Moda, LLC.
159 Main Street
STE 100
Nashua, NH 03060
Email: hellobri [at] vostramoda.com
Contact Form: Send a message
14. Terms Changes
We reserve the right to modify the Site Terms at any time, without notice, and for any reason. It is your responsibility to check the Site Terms periodically for changes.
Your use of the Site following any such modification constitutes your acceptance and agreement to the Site Terms as modified.
Changelog
- March 10, 2022
- edit Section 2: What are the Terms, for greater clarity and to include explicit references to our “Service Specific Terms”.
- drop Section 2.1: When Site Terms Change.
- drop Section 3: Your Eligibility.
- Add Section 4: Permitted Use.
- edit Section 5: Prohibited Use, for greater clarity.
- drop Section 6: Registering Your Account.
- drop Section 7: Electronic Payments.
- drop Section 8: Privacy Policy, and incorporated it into section 2: What are the Terms.
- Add Section 12.3: Survivability.
- drop Section 14: No Agency.
- drop Section 16: Notice.
- Add Section 14: Terms Changes, to incorporate this changelog.
- fix Section numbering, typographical and grammatical errors, and clarified existing text.
- April 16, 2021
- Initial release