Welcome to Vostra Moda, and thank you so much for being a part of our community! Our mission is to help entrepreneurs be seen, find confidence, and feel empowered in their clothing.
Effective Date: April 16, 2021
1. Terms Introduction
Under these Terms of Service (the “Terms”), “Vostra Moda”, “us”, “we”, and “our” refer to Vostra Moda, LLC, the “Site” refers to vostramoda.com, and “you” and “your” refer to you as a Visitor of the Site or a Member of the “Service” (as defined below).
The Terms detail your rights and our rights relating to the provision of the Service, please review them carefully as they are a legally binding agreement between you and Vostra Moda.
1.1 definitions
Any capitalized words or phrases not defined in the Terms have the meaning as specified in the Privacy Policy.
The Service
The Service includes our Site and the “Content” (as defined below), our Offerings, and any other services provided by us. In exchange for your ability to use the Service, you must agree to the Terms.
2. What Are The Terms?
We refer to the Terms, the Privacy Policy, and additional terms, policies, rules, and guidelines (collectively, “Service Specific Terms”) that are presented by us and accepted by you in connection with specific Offerings, collectively as the “Legal Agreement”.
2.1 when the terms change
We reserve the right, at our sole discretion, to modify, add, or remove portions of the Terms at any time, and for any reason. It is your responsibility to check the Terms periodically for changes.
Changes to Service Specific Terms will be posted at the location where those Service Specific Terms normally appear.
Your continued access to the Site and use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with the Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access the Site and use the Service.
2.2 your acceptance of the terms
By accessing the Site or using the Service, you acknowledge, accept, and agree with all provisions of the Terms in full. If you do not agree to the Terms, please do not access the Site or use the Service.
3. Your Eligibility
By using the Service, you agree…
- You are at least sixteen (16) years of age, or eighteen (18) years of age for certain Service Specific Terms;
- You have the authority to enter this agreement on behalf of yourself or the entity you represent; and
- You will comply with the Terms and all policies and guidelines referenced herein.
4. The Content
Unless otherwise noted, all text, graphics, artwork, photographs, videos, data files, trademarks, service marks, logos, and other intellectual property, whether registered or unregistered, (collectively, “Content”) contained in the Service is owned, controlled, or licensed by or to Vostra Moda, and is protected by trade dress and copyright.
Except as expressly provided in the Terms or with the prior written consent of the Content owner, no part of the Service or Content may be copied, modified, traded, leased, resold, reproduced, redistributed, reused, transmitted, broadcasted, performed, displayed, or otherwise disseminated in any way.
You may use information purposely made available by us for downloading from the Service, provided that you…
- Not remove any proprietary notices;
- Use such information for personal use only;
- Make no modifications to any such information; and
- Make no additional warranties relating to such information and documents.
4.1 your contributions
You may interact with the Service in numerous ways, such as by leaving reviews, ratings, testimonials, and by posting information in our comment areas, message boards, public chats, or other areas (collectively, “Interactive Features”), or otherwise by contributing any user-generated content (“Contributions”). If you do so, 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.
Your Responsibility. We are not responsible, nor do we endorse any Contributions to the Service. We are under no obligation to prescreen, monitor, edit, move, or remove any Contributions from the Service, however, we retain the right to the foregoing.
Your Confidentiality. Your Contributions to the Service via Interactive Features shall be deemed to be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of such Contributions.
5. Your Restrictions
You may not use the Service for any purpose that is unlawful or prohibited by the Terms.
You may not attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks used by the Service via automated or manual means, such as by hacking or password mining, or by any other illegitimate means, or attempt to interfere with the proper working of, or any activities conducted through, the Site or the Service.
Violation of any of the Terms automatically terminates and revokes your license to access the Site and to use the Service.
6. Registering Your Account
You will be required to share Personal Data with us to use certain parts of the Service. To register an account, you must…
- Provide true, accurate, current, and complete information on the Service’s registration form (collectively, “Registration Data”); and
- Maintain and promptly update the Registration Data as necessary.
Your Responsibility. It is your sole responsibility to maintain and update your Registration Data. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and prohibit any and all current or future access to the Site or use of the Service by you other than as expressly provided herein.
Your Confidentiality. You are responsible for maintaining the confidentiality of your Registration Data and you are wholly liable for all activities occurring thereunder. We are not liable for any loss or damage arising from your failure to comply with the confidentiality of your Registration Data. You agree to…
- Immediately notify us of any unauthorized use of your account or any other breach of security; and
- Not share your Registration Data with anyone.
Your Rights. Your right to access your account and Registration Data is personal to you, non-transferable, and non-assignable.
You agree to not use any automated means to access or manage your account with the Service or to monitor or copy the Service except by those automated means expressly made available by us (if any), or authorized in advance and in writing by us.
Without limitation to the foregoing, you further agree that you will not take any action to “flood” the Site with requests or otherwise overburden, disrupt, or harm the Service or our systems.
6.1 your account access
The Service Term. The term of the Terms is perpetual from date of use or purchase as long as you continue to use the Service, or until such time as either party notifies the other to terminate. The term for specific Offerings is determined by the applicable Service Specific Terms.
Your Access. We may suspend your access to the Service or terminate your account at our sole discretion. Our suspension of your access or termination of your account on the Service hereunder may be effected without notice. We are not liable to any Member of the Service for any suspension or termination of that Member’s access or account hereunder.
In the event that we suspend your access or terminate your account, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
7. Electronic Payments
Online Payments. Unless otherwise agreed to in advance and in writing by us, an online payment will be required to purchase any of the Offerings, and a valid credit card, PayPal account, or Stripe account is also required.
Pricing and Availability. All prices and availability of the Offerings are subject to change at our sole discretion.
Automatic Renewals. In certain situations, automatic renewal will occur at the end of your term (the “Renewal Date”), unless you terminate prior to the Renewal Date, and in accordance with the Terms.
Returns, Refunds, and Exchanges. Except as required by applicable law or as otherwise stated in the Service Specific Terms, all purchases are non-returnable and non-refundable.
8. The Privacy Policy
Your use of the Service is subject to the Privacy Policy. Please review the policy for full details.
9. Links to Other Websites
The Service or a third-party may provide links to other websites. We are not responsible for the content on any such websites, nor are we responsible or liable for any loss or damage that may arise from your access or use of such websites.
Your access and use of websites linked to the Service are solely at your own risk. When you visit a linked website you should read the terms and policies that govern that specific website, as our Privacy Policy only applies to our Service.
Links to other websites do not imply our endorsement of content or materials on or available through such websites.
10. Indemnification
You shall 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 reasonable attorneys’ fees and costs), made by any third party due to or arising from or relating to that user’s acts or omissions, including claims arising out of that user’s use of the Site, or their violation of the Terms.
11. Disclaimer of Warranties
The Service is provided to you “as is” and on an “as available” basis, without warranties whatsoever.
We hereby 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 Service.
Without limiting the foregoing, we do not represent or warrant that the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Site, the Service, or the servers that make them available are free of Viruses or other harmful components, or that the Service will otherwise meet your needs or expectations.
We do not guarantee continuous, uninterrupted, or secure access to the Service. Operation of the Service 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 Service.
We do not guarantee your success merely upon your access to or your purchase of any Offerings or related materials. Further, testimonials, ratings, and reviews on the Service, are non-representative of all 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.
12. Limitation of Liability
To the extent allowable by law, in no event shall 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 Service or the 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, shall not exceed the greater of $1,000 USD.
13. 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 Service is for educational and entertainment purposes only. No part of the Service or its Offerings, Content, or other materials 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, the Content, the Service, or any related materials is solely at your own risk.
14. No Agency
Nothing herein shall be deemed to create any agency, partnership, joint venture, employment, franchise, physician-patient, or sales representative relationship of any kind between you and Vostra Moda, nor do these Terms extend rights to any third-party.
15. 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.
15.1 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.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is hellobri [at] vostramoda.com or:
ATTN: Brianna White
159 Main Street
STE 100
Nashua, NH 03060
Upon receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the 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.
15.2 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 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.
16. Notice
Except as otherwise provided herein, all notices or communications under the agreement shall be by electronic mail or in writing. Electronic mail is permissible but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.
ATTN: Brianna White
159 Main Street
STE 100
Nashua, NH 03060
Email: hellobri [at] vostramoda.com
17. Miscellaneous
17.1 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 this agreement, that will not constitute a waiver of our right to subsequently enforce such provision or any part of this agreement.
17.2 severability
If any provision of the Terms is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), such provision shall be enforced to the maximum extent permitted and the remainder of the Terms shall remain in full force and effect without being impaired or invalidated in any way.
17.3 governing law
The Terms and the relationship between you and Vostra Moda shall be governed by, and 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.
17.4 amendments
No modification or amendment to the Terms by anyone other than Vostra Moda shall be binding upon us unless in a written instrument signed by a duly authorized representative of Vostra Moda.
17.5 entire agreement
These Terms, the Privacy Policy, and any applicable Service Specific Terms referenced in this agreement constitute the entire agreement of the parties with respect to the subject matter and supersede and replace all prior and contemporaneous related agreements, claims, representations, and understandings of the parties.
18. How to contact us
Contact us or email us at hellobri [at] vostramoda.com with any questions about our Terms, or if you would like to report any violations of the Terms.
ATTN: Brianna White
159 Main Street
STE 100
Nashua, NH 03060