Effective as of November 20, 2019
Last updated November 20, 2022
Please read these Terms of Service (“Terms”) carefully before using or accessing Vital Ethos’ Services and Content (“Vital Ethos”), owned and operated by Glow Digital Media LLC (“us”, “we”, or “our”).
Our Services include, but are not limited to, the Vital Ethos website, landing pages, social media channels, e-commerce channels, emails, products, apps, user interfaces, and interactive resources (collectively, the “Services”).
Our Content includes, but is not limited to, all original content, opinions, information, research, copy, text, taglines, images, photos, graphics, artwork, videos, audio files, multimedia content, content shared to the Services by users and other third parties, and all other original materials uploaded to, downloaded from, or appearing in or with the Services (collectively, the “Content”).
Your access to and use of our Services and Content is conditioned upon your acceptance of and compliance with these Terms. By accessing or using any part of our Services and Content, you agree to be bound by these Terms.
We reserve the right to change these Terms at any time, and you agree (including by virtue of your continued use of our Services) to be bound by any such changes. Unless explicitly stated otherwise, any new Services, Content, features, and functionality we add to Vital Ethos shall be subject to these Terms.
If you disagree with any part of the Terms, you do not have permission to use or access our Services. You may end your legal agreement with us at any time for any reason by discontinuing your use of our Services. You do not need to inform us when you stop using our Services.
Errors, Omissions, and Availability
Our Services and Content are available “as is.” There may be errors, omissions, inaccuracies, delays, and interruptions in our Services, Content, information, products, or other materials.
We do not make any representations, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material or database displayed, uploaded, distributed, or linked to in our Content and Services. We are not responsible for the availability or accuracy of content or other services that may be linked to Vital Ethos.
We reserve the right to correct any errors or omissions in our Services and Content (at any time without notice), but are under no obligation to do so. We do not guarantee or warrant that materials you download from our Services and Content do not contain viruses, worms malware, or other destructive features. We are not liable for any damages or harm attributable to such features.
If you rely on our Services and Content, you do so solely at your own risk.
All Content on Vital Ethos
All Content found on or through our Services is the property of Glow Digital Media LLC and cannot be used without permission.
Neither you nor any third party shall make use of our Content in any manner that constitutes an infringement of our rights, including copyright, that has not been authorized by us.
You may not you may not copy, reproduce, repost, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit our Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
We reserve the right to block or remove Content at any time in our sole discretion.
Content You Share With Us
We allow users and other third parties to share, submit, upload, and display (“share”) Content to our Services, including but not limited to, comments and testimonials.
You are responsible for the Content that you share on or through our Services (“shared Content”), including its legality, reliability, and appropriateness.
By sharing Content on or through our Services, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of this Content on or through our Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
By sharing Content on or through our Services you grant us the irrevocable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute the Content on and through our Services in perpetuity. You agree that this license includes the right for us to make your Content available to other users of Vital Ethos, who may also use your Content subject to these Terms. We take no responsibility and assume no liability for Content you or any third party shares or accesses on or through our Services.
We have the right, but not the obligation, to monitor and edit all Content shared by users. Opinions expressed by users are theirs alone, and not necessarily the opinions of Vital Ethos and Glow Digital Media LLC.
Vital Ethos, Glow Digital Media LLC, and its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders assume no responsibility or liability which may arise from the Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
We reserve the right to block or remove shared Content at any time in our sole discretion, without giving cause or notice.
All Links on Vital Ethos
Our Services contain links to third party websites or resources. You acknowledge and agree that we is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Links to third party websites or resources do not imply any endorsement of the content, products, or services available from those websites or resources, or their affiliates. You acknowledge sole responsibility for and assume all risk arising from clicking on and/or using such websites or resources.
Advertising and Affiliate Links
We earn revenue by displaying advertisements in and across our Services. These advertisements may be targeted to our Content, queries made through our Services, or any other information third party advertisers may possess about our users. The types and extent of advertising on our Services are subject to change. If you view an advertisement, or click an advertisement and make a purchase, we may receive earnings at no additional cost to you.
We earn revenue by including affiliate links in and across our Services. If you click an affiliate link and make a purchase, we may earn a commission at no additional cost to you. These affiliate links may be unmarked. By continuing to use our Services, you acknowledge that any links found on our Services may be affiliate links.
Privacy
Any Content or information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services, you consent to our Privacy Policy.
Purchases
If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, but not limited to, your full name, credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Refund Policy & Money Back Guarantee
If you are unhappy or dissatisfied with any Purchase, you may request a full refund within 30 days of purchase.
Upon receiving your valid refund request, we will credit the full price of your purchase back to your original payment method, possibly subject to third party processing delays and fees.
Unfortunately, if more than 30 days has passed since the date of your purchase, the sale is final and no refunds can be given.
User Accounts
When you create a user account (“account”) through our Services, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.
Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.
Copyright & Intellectual Property
All Content within the Services is protected by copyright either individually, as a collective work, or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) have all rights therein.
All Content within the Services are copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) have all rights therein, except in cases where the Content is the copyrighted works of advertisers, product manufacturers, or third party content we have the right to use, presented on our Services.
You must abide by all additional copyright notices or restrictions contained on Vital Ethos and that of our partners, affiliates, third parties that have granted us the right to use their information, and advertisers.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on our Services infringes on the copyright or intellectual property rights (“infringement”) of any person or entity.
If you believe that your copyrighted work has been reproduced on our site without authorization or in a way that constitutes infringement, please contact us at hello@glowdigitalmedia.com.
If you are a representative of any products or services presented on our Services, whose copyright you believe has been infringed upon, or you would like those products or services presented in a different way, or removed from our Services altogether, please contact us at hello@glowdigitalmedia.com.
Termination
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and Content (or any part thereof) with or without notice to you.
Additionally, we may stop (permanently or temporarily) providing the Services and Content (or any part thereof) to you, or to users generally, and may not provide you with notice. We retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You agree that we shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our site.
We reserve the right to terminate your access to the Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our company and of our users as a whole.
Indemnification and Limits of Liability
You agree to indemnify and hold harmless Glow Digital Media LLC, Vital Ethos, and its affiliates, and their successors, 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 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. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Glow Digital Media LLC, Vital Ethos, and its affiliates, and their successors, directors, officers, managers, employees, donors, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this service (including without limitation as a result of breach of any warranty or other term of this agreement).
Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
U.S. and California Law
These Terms of Service shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Contra Costa County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
