Vitalize.One operates https://vitalize.one, which is a professional social media shop/service that informs and/or connects users and luxury industry professionals. The services/shop offered by Vitalize.One include any vitalize.one-branded URL (the “Vitalize.One Website”), the Vitalize.One Website communication features, mobile services, and any other features, content, events, or applications offered from time to time by Vitalize.One in connection with Vitalize.One Website’s business (collectively, the “Vitalize.One Services/Shop and/or Vitalize.One Shop/Services”). The Vitalize.One’s Website/Services/Shop is hosted in the United States.
Vitalize.One may modify this Agreement from time to time and such modification shall be effective upon posting by Vitalize.One on the Vitalize.One Website. Your continued use of the Vitalize.One Website after Vitalize.One posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Vitalize.One Website and that you provide to other Users. Your Vitalize.One profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Vitalize.One Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Vitalize.One assumes no responsibility or liability for this material. If you become aware of misuse of the Vitalize.One Website by any person, please report to email@example.com.
Vitalize.One reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Vitalize.One Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. Vitalize.One expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Vitalize.One Website if Vitalize.One determines, in its sole discretion, that you have violated this Agreement or pose a threat to Vitalize.one and/or its Users.
1. Eligibility. Use of the Vitalize.One Website and registration to be a Member for the Vitalize.One Website (“Membership”) is void where prohibited. By using the Vitalize.One Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are not a direct competitor of Vitalize.One; (d) you do not have more than one user account on Vitalize.One at any given time; (e) you have not previously been suspended or removed from Vitalize.One; and (f) your use of the Vitalize.One Website does not violate any applicable law or regulation.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Vitalize.One Website or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Vitalize.One may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-15.
3. Fees. You acknowledge that Vitalize.One reserves the right to charge for any portion of the Vitalize.One Shop/Services and to change its fees (if any) from time to time in its discretion. If Vitalize.One terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Vitalize.One immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Additionally, you are prohibited from selling, trading or otherwise transferring your Vitalize.One account or any information therein to another party or charging anyone for access to any portion of Vitalize.One, or any information therein.
5. Use by Members. The Vitalize.One Website is for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Vitalize.One. Vitalize.One reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Vitalize.One Website, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Vitalize.One Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Vitalize.One reserves the right to take appropriate legal action for any illegal or unauthorized use of the Vitalize.One Website. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Vitalize.One reserves the right to restrict certain use.
6. Mobile Services. Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). We may charge for certain Mobile Services. In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Vitalize.One account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services..
7. Proprietary Rights in Content on Vitalize.One
7.1 Vitalize.One does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on, store in or transmit through the Vitalize.One Website. After posting your Content to the Vitalize.One Website, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Vitalize.One Website, you hereby grant to Vitalize.One a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Vitalize.One Website, including without limitation distributing part or all of the Vitalize.One Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Vitalize.One Website. This limited license does not grant Vitalize.One the right to sell or otherwise distribute your Content outside of the Vitalize.One Website. After you remove your Content from the Vitalize.One Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Vitalize.One Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Vitalize.One Website as soon as practicable after you make the change.
7.2 The license you grant to Vitalize.One is non-exclusive (meaning you are free to license your Content to anyone else in addition to Vitalize.One), fully-paid and royalty-free (meaning that Vitalize.One is not required to pay you for the use on the Vitalize.One Website of the Content that you post), sublicensable (so that Vitalize.One is able to use its affiliates, subcontractors, and other partners such as Internet content delivery networks and wireless carriers to provide the Vitalize.One Website), and worldwide (because the Internet and the Vitalize.One Website are global in reach).
7.3 You represent and warrant that: (i) you own the Content posted by you on or through the Vitalize.One Website or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Vitalize.One Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Vitalize.One Shop/Services/Website.
7.4 The Vitalize.One Website contains Content of vitalizeone/#vitalizeone (“Vitalize.One Content”). Vitalize.One Content is protected by copyright, trademark, patent, trade secret, and other laws, and Vitalize.One affiliations retain all rights in the Vitalize.One Content. Vitalize.One hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Vitalize.One Content (excluding any software code) solely for your personal use in connection with viewing the Vitalize.One Website.
7.5 The Vitalize.One Website is also designed to help you find information that resides on sites not owned or controlled by Vitalize.One. In particular, Vitalize.One provides brief descriptions of news stories to help you identify the stories of interest to you. When you select a story, you will be linked to the news site on which that story appears. Vitalize.One owns and retains all intellectual property rights to the Services; but Vitalize.One does not claim ownership rights to the full news stories, which are instead held by the sites to which the Services links.
7.6 VITALIZE.ONE and other Vitalize.One graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Vitalize.One. Vitalize.One’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Vitalize.One.
8. Content Posted.
8.1 Vitalize.One may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Vitalize.One violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Vitalize.One assumes no responsibility for monitoring the Vitalize.One Website for inappropriate Content or conduct. If at any time Vitalize.One chooses, in its sole discretion, to monitor the Vitalize.One Website, Vitalize.One nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
8.2 You are solely responsible for the Content that you post on, store in or transmit through any of the Vitalize.One Services/Shop, and any material or information that you transmit to other Members and for your interactions with other Users.
9. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Vitalize.One Website/Services/Shop. Vitalize.One reserves the right to investigate and take appropriate legal action against anyone who, in Vitalize.Ones’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Vitalize.One Website/Services/Shop and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Vitalize.One, is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a nude or violent manner; excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person; constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without prior written consent from Vitalize.One such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; for band, comedy, filmmaker and other profiles, uses sexually nude suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Vitalize.One Website. Vitalize.One reserves the right to investigate and take appropriate legal action against anyone who, in Vitalize.One’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities per laws and regulations of Your Demographics and Location. Prohibited activity includes, but is not limited to, criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Vitalize.One Website; circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Vitalize.One Website; activity that involves the use of viruses, worms, or any other unlawful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covering or obscuring the banner advertisements on your personal profile page, or any Vitalize.One Website page via HTML/CSS or any other means; any automated use of the system, such as, but not limited to, using scripts to add contacts or send comments or messages; interfering with, disrupting, or creating an undue burden on the Vitalize.One Website or the networks or services connected to the Vitalize.One Website; impersonating or attempting to impersonate another Member, person or entity; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the Vitalize.One Website in order to harass, abuse, or harm another person or entity, or attempting to do the same; displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Vitalize.One Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top contact, or sending private messages with a commercial purpose; or using the Vitalize.One Website in a manner inconsistent with any and all applicable laws and regulations.
If you believe your work has been copied and posted on or through the Vitalize.One Website in a way that constitutes copyright infringement, please send Vitalize.One Website’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Vitalize.One Website (providing the URL of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Vitalize.One’s Copyright Agent for notification of claimed infringement can be reached as follows: firstname.lastname@example.org Attn: Copyright Agent.
10. Member Disputes. You are solely responsible for your interactions with other Vitalize.One Members. Vitalize.One reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
12. Disclaimers. Vitalize.One/#vitalizeone/vitalizeone is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted online; User Content does not necessarily reflect the opinions or policies of Vitalize.One. Profiles and third party applications created and posted online may contain links to other websites. Vitalize.One/#vitalizeone/vitalizeone is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored, or checked for accuracy or completeness by Vitalize.One. Inclusion of any linked website on the Vitalize.One Website does not imply approval or endorsement of the linked website by Vitalize.One. When you access these third party sites, you do so at your own risk. Vitalize.One takes no responsibility for third party advertisements or third party applications that are posted on or through the Vitalize.One Website, nor does it take any responsibility for the goods or services provided by its advertisers. Vitalize.One is not responsible for the conduct, whether online or offline, of any User of the Vitalize.One/#vitalizeone/vitalizeone. Vitalize.One assumes no responsibility for any publicity, culture, group, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Vitalize.One is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Vitalize.One Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Vitalize.One Website. Under no circumstances shall Vitalize.One be responsible for any loss or damage, including personal injury or death, resulting from use of the Vitalize.One Website, attendance at a Vitalize.One event, from any User Content posted on or through the Vitalize.One Website, or from the conduct of any Users of the Vitalize.One Website, whether online or offline. The Vitalize.One Website is provided “AS-IS” and as available and Vitalize.One expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Vitalize.One cannot guarantee and does not promise any specific results from use of the Vitalize.One/#vitalizeone/vitalizeone Website/Shop/Services.
Vitalize.One acts as a venue for people to post opportunities and candidates to post professional Profiles and does not screen or censor the listings. Vitalize.One is not involved in the actual transaction between employers and candidates. As a result, Vitalize.One has no control over Member Content, the quality, safety or legality of the content posted, the truth or accuracy of the posts, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Vitalize.One makes no representations about any jobs, resumes, or Member Content on Vitalize.One Website.
13. Limitation on Liability. IN NO EVENT SHALL VITALIZE.ONE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE VITALIZE.ONE SHOP/SERVICES, EVEN IF VITALIZE.ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VITALIZE.ONE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VITALIZE.ONE FOR THE VITALIZE.ONE WEBSITE DURING THE TERM OF MEMBERSHIP.
14. Indemnity. You agree to indemnify and hold Vitalize.One, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Vitalize.One Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Vitalize.One Website causes Vitalize.One to be liable to another.
15. Other. This Agreement is accepted upon your use of the Vitalize.One Website or any of the Vitalize.One Shop/Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Vitalize.One regarding the use of the Vitalize.One Website. The failure of Vitalize.One to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: email@example.com with any questions regarding this Agreement.