Terms & Conditions
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, MEMBER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF December 1st, 2022
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface Visualizers.club, its affiliates, subsidiaries and successors “including but not limited to “Visualizers Club and Visualizers Vault Unlimited™", an in association with the use of the Visualizers.club websites, (collectively the “Website”) and its Services, which shall be defined below.THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE, ACCESS, PURCHASE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND US. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY US, ANY ORDER YOU PLACE THROUGH THE WEBSITE, ELECTRONIC COMMUNICATION, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Website is an online community, which has the following description: Our purpose is to deliver to our clients cutting-edge software to enhance their everyday lives while offering unique education and in addition, unique business opportunities within our platform Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” or “registered users” of the herein contained Services provided for the purpose of this TOS. Once an individual purchases a product or service and completes the process of creating an account, the user shall then be considered a “Member of Products” or “Member”, with access to our Visualizers Club Discord Sever and shall be deemed as an individual that has opted to receive promotional content, purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service.The user and/or Member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable resources, and digital assets. At its discretion, we may offer additional website Services and/or products, educational materials, live and community coaching and mentoring by experts at Visualizers Club and on a weekly and daily level. We also maintain the right to update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Our Websites are not affiliated with TikTok, Instagram, Facebook, Spotify, YouTube, Google, LinkedIn, Snapchat, or any other social media platform, website or company. All brand names and logos are the exclusive property of each respective owner. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or Member of Products, or Member, acknowledge, accept and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. It is your responsibility to stop using the provided Services forthwith in the event that you do not agree to the updated, revised or modified terms, Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided to the best of our ability, and should be considered to be delivered and accepted “as is” and we shall not assume any responsibility or obligation for the effect of materials on overall business, growth, and or income.
We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
Registered user content
As noted above, the Websites provides Members the ability to post and upload content, in the Registered User Community Discord (“Registered User Content”). You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT VISUALIZERS.CLUB, its affiliates, subsidiaries, parent companies, and assigns et al., ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES, AND YOU WILL INDEMNIFY, RELEASE AND HOLD US HARMLESS US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Website and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Mentorships.com and that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Mentorships.com and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
In relation to any Registered User Content, you further agree that:
Your contributions do not contain any type of copyright infringement material, confidential or proprietary information that is not held or owned by the Member;
We shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Registered User Content submitted;
We shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
Intellectual Property Rights
User Conduct
You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of this Website. You agree not to use this Website:In any way that violates any applicable federal, state, local, or international law or regulation.
To engage in any fraudulent, deceptive, or misleading activity.
To upload, post, or transmit any content that is defamatory, obscene, pornographic, vulgar, offensive, or otherwise inappropriate.
To transmit any viruses, worms, Trojan horses, or other harmful computer code, files, or programs.
To interfere with or disrupt the operation of this website or the servers or networks used to make this website available.
Discord Server Use
By using the Visualizers Club Discord Server, you agree to abide by the following rules:Do not harass, threaten, or abuse other members.
Do not post any content that is defamatory, obscene, pornographic, vulgar, offensive, or otherwise inappropriate.
Do not use the server to engage in any fraudulent, deceptive, or misleading activity.
Do not transmit any viruses, worms, Trojan horses, or other harmful computer code, files, or programs.
Do not interfere with or disrupt the operation of the server or the servers or networks used to make the server available.
Visualizers Vault Unlimited™ UseBy using the Visualizers Vault Unlimited™ software, you agree to abide by the following rules:Do not use the software to engage in any fraudulent, deceptive, or misleading activity.
Do not modify or reverse engineer the software.
Do not share your membership information with anyone else.
Do not use the software to harass, threaten, or abuse other members.
Violation of these rules may result in an immediate ban from the Discord server or revocation of your Visualizers Vault Unlimited™ membership.
ACCEPTANCE OF REFUND POLICY
Visualizers Club provides no refunds for any of our services, including but not limited to membership fees, event tickets, and merchandise purchases. Once you have made a payment for any of our services, it is non-refundable, and we will not entertain any refund requests.This policy is in place due to the digital nature of our resources and the significant investment we make in creating, maintaining, and delivering our products.Please note that by using our website or purchasing any of our services, you agree to these terms and conditions, including the no-refund policy. We encourage you to carefully consider your purchase before making any payment.In the unlikely event that we are unable to deliver our services, we will work with you to find a suitable alternative or offer a credit for future use. However, we are not liable for any damages, including but not limited to direct, indirect, incidental, or consequential damages, arising from the use or inability to use our services.
Disclaimer of Warranties
This website and the Visualizers Vault Unlimited™ software are provided “as is” and without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. Visualizers Club does not warrant that this website or the software will be uninterrupted or error-free, but in case of their occurrence, defects will be corrected, and this website or the server that makes it available will be free of viruses or other harmful components.
In no event shall Visualizers Club be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of or inability to use this website or the software, even if Visualizers Club has been advised of the possibility of such damages.
Miscellaneous
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “ACCEPTANCE OF REFUND POLICY” “Registered User Content; Licenses,” “Discord Server Use” “DESCRIPTION OF WEBSITE SERVICES OFFERED” “Intellectual Property Rights” and “Miscellaneous.”Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.