loading-ico

Terms of Service

Welcome to The Virtual Brew — Terms of Use

This website is operated by Digital Brands, LLC, doing business as The Virtual Brew (“The Virtual Brew,” “we,” or “us”). These Terms of Use (“Terms”) govern your access to and use of https://www.thevirtualbrew.com, along with any other services we may offer now or in the future (collectively, the “Services”).

By visiting, browsing, creating a profile, or submitting content, you agree to these Terms. “You” or “User” refers to anyone who accesses or engages with our Services, whether casually exploring or actively participating.

We encourage you to read these Terms carefully, as they outline your rights and responsibilities. By using our Services, you confirm that you’ve read, understood, and accepted these Terms — even if you haven’t formally registered. If you don’t agree with these Terms, we kindly ask that you refrain from using the Services.

Please note: These Terms include a binding arbitration agreement. This means certain disputes must be resolved through individual arbitration, not in court.

Privacy Matters

Your privacy is important to us. Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. We encourage you to review it alongside these Terms.

1. Using The Virtual Brew

The Virtual Brew is a membership-based platform designed for meaningful, human connection. Through text, audio, and video tools, members can engage in thoughtful conversations, share ideas, seek advice, and build community in an atmosphere free from noisy algorithms and performative posting.

Memberships are available on a monthly or annual basis, and access to communication features is reserved for active subscribers. Some browsing features are available without registration, but full participation requires a paid account.

Access to the platform is granted so long as you uphold the expectations outlined in these Terms. We may revise or temporarily limit parts of the Services without prior notice. While we do our best to keep things running smoothly, we cannot guarantee uninterrupted availability and are not liable for any temporary outages or changes.

To use The Virtual Brew, you must be at least 18 years old.

2. Registration, Account Responsibilities, and Communication Preferences

To participate fully in The Virtual Brew, you’ll need to create an account. When registering, you agree to:

  • Provide accurate and up-to-date information

  • Keep your password secure and confidential

  • Take responsibility for all activity under your account

  • Promptly notify us of any security concerns or unauthorized use

We reserve the right to suspend or close your account if we find that the information you’ve provided is false, misleading, or violates these Terms.

Communication Preferences

By creating an account, you agree to receive occasional emails from us — for things like account updates, service notices, or important policy information. These communications are considered part of your membership, and many are required to operate your account smoothly. Electronic communications satisfy any legal requirements that such communications be in writing.

Keeping Your Info Current

It’s your responsibility to keep your contact and payment information current. If you change your email address, phone number, or billing details, please update your account. We’ll consider communications valid if they’re sent to the most recent contact info you’ve provided.

Account Security

You are responsible for all activity under your account, whether or not you personally authorized it. Don’t share your password, and let us know immediately if you believe your account has been compromised. The Virtual Brew isn’t liable for damages caused by unauthorized access due to your failure to secure your login credentials.

We reserve the right to suspend accounts or refuse service if we determine there’s been a violation of these Terms or misuse of the platform.

3. Access to the Services

We aim to keep The Virtual Brew accessible and dependable. While we do our best to maintain consistent availability, there may be times when access is interrupted — either for scheduled maintenance or for reasons outside of our control.

We are not liable for service interruptions caused by:

  • Scheduled downtime

  • Internet outages or hosting platform disruptions

  • Denial of service (DoS) attacks or external system failures

  • Issues related to your own devices, browsers, or networks

  • Situations deemed “force majeure” (natural disasters, major emergencies, etc.)

  • Your violation of these Terms

4. Payments

Subscription Fees

To access the full features of The Virtual Brew — including the ability to post, message, or engage via audio and video — a subscription is required. Membership is offered on a monthly or annual basis, and includes unlimited communication with other members during your active subscription. There are no per-minute usage charges.

Payment Processing

When you subscribe, you authorize our trusted third-party payment processor (the “Payment Processor”) to handle the transaction securely. You may be asked to provide billing details, such as:

  • Credit card information

  • Expiration date

  • Billing address and contact email

By submitting this information, you confirm that you are authorized to use the payment method provided. Pre-authorization checks may occur before a transaction is finalized to ensure the method is valid and has available credit.

While we use reasonable safeguards and partner only with reputable processors, The Virtual Brew is not responsible for payment errors or issues that occur due to:

  • Processor negligence or system failure

  • Mistaken or incorrect payment info you submit

  • Processing delays or technical mishaps

In such cases, disputes will be handled by the Payment Processor, and you agree not to hold The Virtual Brew liable for those third-party issues.

Pricing and Promotions

We may revise our pricing at any time. From time to time, we may offer promotional pricing or discount codes — but these are specific to individual offers and do not retroactively apply to other memberships.

Promo codes:

  • Are non-transferable and not redeemable for cash

  • Must be applied at checkout

  • May be limited in duration or availability

  • Can be discontinued or modified at our sole discretion

Cancellations and Refunds

Subscriptions are non-refundable, except where otherwise noted in these Terms or where we choose to offer a refund at our sole discretion. For additional details, please see our Cancellation Policy.

Disputed Charges

If you believe a charge was made in error, we’ll review the issue as part of our internal dispute resolution process. We may ask for additional context or evidence from your end. If the charge is deemed invalid, a refund may be issued or another solution provided at our discretion.

If we suspect a charge was unauthorized or fraudulent, we may temporarily pause access to your account while the issue is reviewed by us or the bank.

5. Prohibited Uses

The Virtual Brew exists to cultivate thoughtful conversation and authentic connection in a respectful, human-centered space. To keep this environment safe and intentional, we ask all users to act with care, kindness, and integrity.

By using The Virtual Brew, you agree not to engage in behaviors that disrupt or harm the experience of others. This includes, but is not limited to, the following prohibited activities:

Harmful or Abusive Behavior

  • Harassing, stalking, threatening, or defaming others

  • Sharing content that is hateful, violent, pornographic, exploitative, or otherwise inappropriate for a general community

  • Violating others’ privacy, publicity, or intellectual property rights

Deceptive or Illegal Use

  • Engaging in fraud, misrepresentation, or any form of unlawful behavior

  • Impersonating someone else or falsifying your identity

  • Encouraging illegal activity in any form

Technical Misuse

  • Accessing or attempting to access non-public areas or systems

  • Using bots, scrapers, or automated systems without permission

  • Uploading or distributing malware, corrupted files, or harmful code

  • Attempting to interfere with or damage the Services, servers, or connected networks

Community Disruption

  • Posting or transmitting spam, unsolicited promotions, or chain letters

  • Using The Virtual Brew to advertise goods or services without our written consent

  • Displaying user content publicly without the creator’s permission

  • Taking actions that interfere with another user’s ability to enjoy the platform

We reserve the right to remove content, suspend accounts, or take other action — at our discretion — if any behavior violates these Terms or goes against the spirit of The Virtual Brew. Our goal is not to police, but to protect the space we’re building together.

6. Communication Services

The Virtual Brew includes tools that allow members to connect — like chat, audio and video calling, profile feeds, and other community features ("Communication Services"). These tools are designed for honest, respectful interaction.

By using any of these services, you agree to uphold the shared values of our community. Specifically, you agree not to:

  • Harass, bully, or threaten others

  • Share content that is offensive, obscene, or sexually explicit

  • Distribute files or media you do not have the rights to share

  • Upload harmful software or viruses

  • Solicit business, advertise products, or promote services without permission

  • Share spam, chain letters, or unsolicited messages

  • Falsify information or impersonate others

  • Collect personal data from users without their consent

  • Disrupt another user’s experience or access to the platform

  • Violate posted guidelines, platform rules, or applicable laws

While we don’t monitor every message or interaction, we reserve the right to review, moderate, or remove content that violates these principles. We may also restrict or terminate access to Communication Services without prior notice if necessary.

7. User-Generated Content

As a member of The Virtual Brew, you may choose to share written posts, images, audio, or other forms of content ("User Content") through the platform. Your contributions help shape the feel and richness of the community.

By posting or uploading content, you grant The Virtual Brew a worldwide, non-exclusive, royalty-free license to use, display, adapt, and promote that content — including in materials that help communicate what The Virtual Brew is all about. This license allows us to operate, improve, and occasionally showcase the platform. It is non-revocable and transferable for continuity, but you retain ownership of your content.

You acknowledge that your content may be visible to others and could be reshared or referenced within the platform. We are not liable for how other users interact with publicly available content.

We do not actively monitor all user content, but we reserve the right to review, remove, or block content that violates our values, our Terms, or the safety of the community. This includes addressing concerns related to safety, conduct, technical abuse, or legal risk.

When uploading content, you confirm that:

  • You created the content or have full rights to share it

  • It does not infringe on any third-party rights

  • There are no legal disputes pending over the content

We will only access or use your content in ways that are reasonably necessary to run and promote the platform, address misuse, assist with support, and ensure the safety of users.

By submitting content, including photos or recordings where your likeness is visible, you release The Virtual Brew and its team from liability related to how that content is used on the platform — including claims of defamation, misappropriation, or privacy violations.

8. Interactions with Others

The Virtual Brew is a space for thoughtful dialogue and meaningful human connection. That said, we do not screen or verify user identities, backgrounds, or claims — and we cannot guarantee the behavior or accuracy of information shared by other members.

You are solely responsible for your interactions — both online and in person — with other users. This includes evaluating who you engage with, how you engage, and whether to meet someone offline.

As part of this responsibility, you agree to:

  • Treat others with respect and avoid harassing or threatening behavior

  • Avoid trespassing, unsafe meetups, or unlawful activity

  • Use common sense and caution, especially during offline interactions

We recommend taking reasonable safety precautions, just as you would in any real-world setting. If you choose to meet someone in person, do so in public places and let others know where you’ll be.

If a dispute arises with another user or third party related to the Services, you agree to release The Virtual Brew and its team from any claims or damages resulting from that dispute.

9. Intellectual Property Rights

When you use The Virtual Brew, you're granted a limited, non-exclusive, non-transferable, and revocable license to access the platform — so long as your use aligns with these Terms and the purpose of our community.

You agree not to misuse the Services in any way that could harm the experience of others, overburden our systems, or attempt to access materials or areas not intentionally made available.

All content found on The Virtual Brew — including logos, graphics, videos, designs, site layout, and written content (collectively, the “Content”) — is either owned by The Virtual Brew or used with permission from third-party providers. This Content is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, publish, reverse engineer, create derivative works from, or commercially exploit any part of the platform or its Content without express written consent. You are permitted to use the Content for your personal, non-commercial use only.

This agreement does not grant you ownership or intellectual property rights over any of the Services’ Content, and all rights not expressly granted remain with The Virtual Brew or our licensors.

10. DMCA Notice and Takedown Policy

We respect the intellectual property rights of others, and we expect our users to do the same.

If you believe that your copyrighted work has been used on The Virtual Brew in a way that constitutes copyright infringement, you (or your authorized agent) may submit a DMCA takedown notice to our designated Copyright Agent.

To be effective, your written notice must include:

  1. A physical or electronic signature of the copyright owner (or someone authorized to act on their behalf)

  2. A clear identification of the copyrighted work(s) you claim have been infringed

  3. A description of where the allegedly infringing material is located on our Services

  4. Your contact information (name, address, phone, and email)

  5. A statement that you have a good faith belief that the use is unauthorized

  6. A statement that the information you’ve provided is accurate, and under penalty of perjury, that you’re authorized to act on behalf of the copyright holder

Please send notices to:

Digital Brands LLC

1991 Crocker Rd #600-755

Westlake, OH 44145

Attention: Copyright Claims

⚠️ Important: Misrepresenting content as infringing when it is not can carry legal consequences. Under Section 512(f) of the DMCA, false claims may lead to liability.

Notices that fail to comply with all DMCA requirements may not be processed.

11. Feedback

We love hearing from members of The Virtual Brew community. Whether it’s an idea, a suggestion, or a creative thought about how we can improve, you’re welcome to share feedback with us at any time.

By submitting feedback, you understand and agree that:

  • Your feedback is considered non-confidential and non-proprietary

  • The Virtual Brew may use your feedback — in whole or in part — without acknowledgment or compensation

  • All rights to feedback become the sole property of The Virtual Brew, including any related intellectual property

This helps us continue evolving the platform based on real community insight, while ensuring we can freely act on great ideas when we receive them.

12. Links to Third-Party Services

You may come across links or references to other websites, tools, or services while using The Virtual Brew (“Linked Websites”). These third-party sites are not controlled by us, and we do not take responsibility for their content, security, policies, or offerings.

We provide these links for convenience or added context — not as endorsements. If you choose to interact with a Linked Website or purchase products through one, that interaction is entirely between you and the third party.

Additionally, some features within The Virtual Brew may be powered or supported by third-party services. By using these features, you acknowledge that certain data may be shared as needed to deliver that functionality.

To the fullest extent allowed by law, you release and hold harmless The Virtual Brew and its team from any claims, disputes, or damages that may arise from your use of a third-party service, site, or tool.

California Residents: If you're a resident of California, you expressly waive California Civil Code Section 1542, which says:

“A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known must have materially affected the settlement.”

13. Updates to the Services

The Virtual Brew is always evolving. As we improve the platform and refine the experience, features and offerings may change — sometimes with little or no notice.

We reserve the right to:

  • Add, remove, or update functionality at any time

  • Limit or restrict access to parts of the platform

  • Modify how certain tools work

  • Remove content (including yours) if it violates these Terms or harms the experience of others

  • Maintain or delete content or communications according to our internal retention policies

While we do our best to ensure reliable service, we’re not responsible for interruptions or errors in transmission due to third-party carriers or infrastructure.

14. Termination or Suspension of Services

To protect the integrity of The Virtual Brew, we may suspend or terminate access to the Services for any user — with or without notice — at our sole discretion.

This may occur if:

  • You violate these Terms

  • Your conduct is disruptive, unsafe, or unlawful

  • We need to preserve the platform’s stability or safety

We may also notify local authorities if we believe that any behavior involving fraud, abuse, or illegal activity has occurred.

By using the Services, you understand and accept that access is not guaranteed and may be revoked without prior notice. We are not liable for any losses or consequences resulting from a suspension or termination.

15. Errors, Inaccuracies, and Omissions

While we aim to provide accurate and up-to-date information, The Virtual Brew may occasionally contain:

  • Typos

  • Outdated descriptions

  • Incorrect pricing or availability

  • Other unintended inaccuracies

We reserve the right to correct these errors at any time without prior notice — including the right to cancel or modify memberships, promotions, or features if they were based on inaccurate information.

We make no guarantee that the Services or the content within them are always complete, current, or error-free.

16. Indemnification

You agree to defend, indemnify, and hold harmless The Virtual Brew — and its team, including officers, employees, and affiliates — from any claims, losses, damages, or legal fees that arise from:

  • Your use (or misuse) of the Services

  • Your violation of these Terms or any applicable law

  • Your interaction or dispute with another user

  • Any third-party claims related to content you’ve submitted

  • Any harm caused to others (including injury, death, or property damage) in connection with your use of the Services

This indemnity does not apply to claims caused by The Virtual Brew’s gross negligence or willful misconduct. We reserve the right to take over the defense of any matter subject to indemnification and may require your cooperation in doing so.

17. Misuse of Services for Commercial Gain

The Virtual Brew is designed for personal, human-centered connection — not unauthorized commercial exploitation.

You agree not to reproduce, republish, or otherwise use content or information from the platform for commercial purposes without our express written permission. Because the impact of such misuse can be significant and difficult to quantify, we reserve the right to seek injunctive relief, in addition to any other legal remedies, to prevent unauthorized use.

18. Disclaimers and No Warranties

The Virtual Brew and its affiliates, contractors, team members, and service partners (collectively, “The Virtual Brew Parties”) offer the Services on an “as-is” and “as-available” basis.

To the fullest extent permitted by law, we make no warranties, express or implied, about:

  • The accuracy, reliability, or completeness of content on the platform

  • The performance or availability of the Services

  • Third-party services, products, or recommendations referenced through the platform

  • Any errors, interruptions, or data loss that may occur while using the Services

You understand and agree that:

  • Your use of the platform is at your sole risk

  • Any content or files you download are at your own discretion, and you’re responsible for any damage to your device or data loss that results

  • No advice or communication from The Virtual Brew — written or verbal — creates any warranty unless explicitly stated in writing

We do not guarantee that the Services will meet your expectations, operate without interruption, or remain free from errors. Some jurisdictions do not allow certain warranty limitations, so parts of this section may not apply to you.

19. Limitation of Liability

To the fullest extent allowed by law, The Virtual Brew and its affiliates will not be liable for any indirect, incidental, special, consequential, or exemplary damages — including, but not limited to:

  • Loss of profits, data, or goodwill

  • Service interruptions or system failures

  • Damage to your device or cost of replacement services

  • Claims resulting from your interactions with other users

This applies whether claims are based on contract, tort, strict liability, or any other legal theory — even if we were advised of the possibility of such damages.

Our total liability, if any, will not exceed the greater of:

  1. The amount you paid to The Virtual Brew in the 12 months prior to the incident in question, or

  2. $100 USD

Some jurisdictions do not permit the exclusion or limitation of liability for certain damages, so this clause may not apply in full to everyone.

California Residents: You expressly waive California Civil Code §1542, which states:“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release…”

20. Informal Dispute Resolution

We hope to resolve any issues quickly and fairly. If you have a concern or dispute relating to your experience with The Virtual Brew, we encourage you to contact us first before taking formal action.

Please email a brief written summary of the issue, along with your contact information, to thevirtualbrew@digitalbrandsconnect.com. Allow up to 60 days for us to respond and attempt to resolve the matter informally. Most situations can be resolved through respectful dialogue — and we’re open to that.

21. Arbitration Agreement

By agreeing to these Terms, you also agree to resolve most legal disputes through binding individual arbitration — not in court.

This means:

  • No class actions

  • No jury trials

  • Claims will be resolved privately through arbitration, not litigation

What This Covers

This agreement to arbitrate applies to any claim, dispute, or controversy arising from your use of The Virtual Brew, including questions about these Terms, your interactions on the platform, and any services or products offered through it.

Arbitration Process

Disputes will be handled by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. A neutral arbitrator — not a judge — will make the final decision.

This agreement is governed by the Federal Arbitration Act (FAA) and supersedes any conflicting state laws, unless the FAA or AAA rules are found not to apply, in which case Ohio law will govern.

Either party may also seek injunctive relief in court (e.g., for IP infringement), or file in small claims court if applicable.

Arbitration Costs

Filing, administrative, and arbitrator fees will follow AAA rules. However, if your claim is found to be frivolous, The Virtual Brew may not be responsible for your costs.

Opting Out

If you’re a new user, you may opt out of this arbitration agreement within 30 days of first accepting these Terms. Email your request to thevirtualbrew@digitalbrandsconnect.com with your full name, mailing address, the email you use on your account, and a clear image of your valid ID. This is the only way to opt out.

Opting out of arbitration does not impact any other part of these Terms.

22. Legal Jurisdiction & Class Action Waiver

If arbitration is found not to apply, any legal claim between you and The Virtual Brew must be brought in state or federal courts in Ohio, and you agree to submit to their jurisdiction.

You also waive:

  • The right to a jury trial

  • Participation in any class or representative action

  • Claims brought as a private attorney general

All claims must be brought individually.

Statute of Limitations: Any claim related to your use of The Virtual Brew must be filed within one (1) yearof the incident, or it will be permanently barred.

23. Entire Agreement

These Terms of Service represent the full agreement between you and The Virtual Brew concerning your access to and use of the platform. They supersede any prior written or verbal understandings between you and us, unless otherwise noted.

24. Reliance on Information Posted

Any general advice, commentary, or resources provided on The Virtual Brew — whether in posts, chats, or other areas of the Services — is intended for informational purposes only.

We make no guarantees about the accuracy, reliability, or suitability of any information shared, and you assume full responsibility for how you use it. Nothing posted on the platform should be considered professional advice or a substitute for consulting a qualified expert.

Any references to third-party products, vendors, or services do not imply endorsement or affiliation unless explicitly stated.

Some jurisdictions limit how much we can disclaim liability for advice or information — in those cases, this clause may not apply in full.

25. Changes to These Terms

W​e may update these Terms from time to time. When we do, we’ll post the updated version at https://thevirtualbrew.com/page/terms-of-service and note the date of revision.

Where appropriate, we may also provide advance notice through the platform or email. By continuing to use The Virtual Brew after any updates go into effect, you are agreeing to the revised Terms.

We recommend reviewing these Terms periodically to stay informed of any changes.

26. Relationship Between the Parties

You and The Virtual Brew are independent parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between us.

You agree not to present yourself as representing or binding The Virtual Brew in any way.

27. Severability

If any provision of these Terms is found to be unenforceable or invalid, that specific provision will be removed or limited only to the extent necessary, and the rest of the Terms will remain in full force and effect.

28. Force Majeure

We’re committed to providing a consistent experience, but there may be circumstances beyond our control that temporarily affect access or functionality. These may include:

  • Natural events (storms, floods, fires)

  • War, terrorism, riots, or civil unrest

  • Health emergencies, quarantines, or embargoes

  • Labor disruptions or strikes

  • Widespread technical failures (e.g., internet or hosting outages)

  • Other events outside our reasonable control

In such cases, The Virtual Brew will be excused from obligations that are delayed or made impossible by these events.

29. Export Controls

The Virtual Brew is operated from the United States and is subject to U.S. export laws and regulations. By using the Services, you agree to comply with all applicable export and import laws — both in the United States and in any country from which you access the platform.

You may not use, export, or re-export the Services in violation of U.S. law or to individuals or entities that are subject to U.S. sanctions or export restrictions.

30. Notice to iOS Users

If you’re accessing The Virtual Brew through an app on an iOS device, you acknowledge that:

  • These Terms are between you and The Virtual Brew, not Apple Inc.

  • Apple is not responsible for support, warranty obligations, or service claims related to the platform

  • If the app fails to meet a warranty requirement, your sole remedy is to request a refund from Apple (if applicable)

  • Apple has no obligation to handle claims involving product liability, regulatory compliance, or intellectual property infringement

  • You agree to comply with applicable third-party terms when using our Services via an iOS device

Apple and its subsidiaries are considered third-party beneficiaries of these Terms and may enforce them against you as such.

31. Notice to Google Play Users

If you access The Virtual Brew via Google Play:

  • Google is not responsible for support services related to the platform

  • In the event of a conflict between these Terms and the Google Play Developer Distribution Agreement, the Google terms will take precedence

32. Notice to California Residents

If you are a resident of California, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs to address any service-related concerns:

Address:
1625 N. Market Blvd., Suite S-202
Sacramento, CA 95834

Phone: (800) 952-5210

33. Miscellaneous

These Terms represent the entire agreement between you and The Virtual Brew related to your use of the platform. They supersede all prior or contemporaneous communications, whether written or verbal.

You may not transfer your rights under these Terms without our written consent. We may assign these Terms as needed without notice.

The Services are managed and operated from the U.S., and we make no guarantees that they are appropriate for use in other regions. If you access the platform from outside the United States, you do so at your own discretion and are responsible for complying with local laws.

Our failure to enforce any part of these Terms does not waive our right to do so in the future. Section headings are provided for convenience only and have no legal effect.

Unless otherwise stated, when we say “includes” or “including,” it means “without limitation.”

Contact Us

We welcome your questions or feedback about these Terms.

Email: thevirtualbrew@digitalbrandsconnect.com

Revised [May 10, 2025]