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By signing up for a Virtual Quilt Show Account (as defined in Section 1) or by using any Virtual Quilt Show Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Virtual Quilt Show” means the applicable Virtual Quilt Show Contracting Party (as defined in Section 4 below).
The services offered by Virtual Quilt Show under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Virtual Quilt Show are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.VirtualQuiltShow.com/termsofservice. Virtual Quilt Show reserves the right to update and change the Terms of Service by posting updates and changes to the Virtual Quilt Show website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you and if you do not accept such amendments, you must cease using the Services.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service.
1. Account Terms
To access and use the Services, you must register for a Virtual Quilt Show account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Virtual Quilt Show may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Virtual Quilt Show for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Virtual Quilt Show will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. Virtual Quilt Show cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Virtual Quilt Show may result in an immediate termination of your Services.
2. Account Activation
2.1 Store Owner
Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your Virtual Quilt Show Store can only be associated with one Store Owner. A Store Owner may have multiple Virtual Quilt Show Stores. “Store” means the online store or physical retail location(s) associated with the Account.
3. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before you may become a Virtual Quilt Show User.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the United States and the state of Missouri.
You acknowledge and agree that Virtual Quilt Show may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Virtual Quilt Show’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Virtual Quilt Show’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.
You may not use the Virtual Quilt Show Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Virtual Quilt Show.
You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Virtual Quilt Show or Virtual Quilt Show trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to [email protected].
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Virtual Quilt Show shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Virtual Quilt Show’s prior written consent, to be given or withheld in Virtual Quilt Show’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.
4. Virtual Quilt Show Contracting Party
If the billing address of your Store is located in the United States or Canada, this Section 4(1) applies to you:
a. “Virtual Quilt Show Contracting Party” means Virtual Quilt Show, a United States organization located at 1452 Gibson, West Plains, MO 65775.
b. Any dispute arising out of this Agreement will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Arbitration conducted in person will be in Howell County, Missouri or at another mutually agreed location; however, you may choose to have the arbitration conducted by telephone or based on written submissions.
5. Virtual Quilt Show Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Virtual Quilt Show customer, Virtual Quilt Show employee, member, or officer will result in immediate Account termination.
It is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Virtual Quilt Show employees and contractors may also be Virtual Quilt Show customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
Virtual Quilt Show retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Virtual Quilt Show reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Virtual Quilt Show’s Confidential Information includes all information that you receive relating to us, or to the Services, which is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
7. Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Virtual Quilt Show shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall Virtual Quilt Show or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Virtual Quilt Show partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Virtual Quilt Show does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Virtual Quilt Show does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Virtual Quilt Show does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
8. Waiver, Severability, and Complete Agreement
The failure of Virtual Quilt Show to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Virtual Quilt Show and govern your use of the Services and your Account, superseding any prior agreements between you and Virtual Quilt Show (including, but not limited to, any prior versions of the Terms of Service).
9. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Virtual Quilt Show Service. All Materials you upload remains yours. You can remove your Virtual Quilt Show Store at any time by deleting your Account.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Virtual Quilt Show to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Virtual Quilt Show can, at any time, review and delete all the Materials submitted to its Service, although Virtual Quilt Show is not obligated to do so.
You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
Virtual Quilt Show shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
10. Software Services
In addition to the terms applicable to Services generally, the following terms apply to your access and the Virtual Quilt Show POS software (“POS Software”), the Virtual Quilt Show POS website, located at /pos, programs, documentation, apps, tools, internet-based services and components, Virtual Quilt Show’s POS hardware (“POS Equipment”) and any updates thereto provided to you by Virtual Quilt Show.
Access to and use of the POS Services requires that you have an active and valid Account.
If your store is enabled with Virtual Quilt Show Payments, you cannot concurrently use any other payment processing service for sales made through the Virtual Quilt Show website.
You agree to use the POS Services in accordance with all procedures that may be provided by Virtual Quilt Show from time to time.
While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
11. Virtual Quilt Show Shipping
You are responsible for the shipment of all products sold through your Virtual Quilt Show store. Orders must be processed and shipped within two business days of sales. Shipping costs will be calculated and charged based on the size, shape and weight of the item as you enter it into the Virtual Quilt Show product upload. You are responsible for correctly entering this information to calculate the shipping and are responsible for all shipping charges and fees. It is your responsibility to comply with all rules and regulations set forth by the shipping carriers.
12. Virtual Booth
You are responsible for supplying correct and accurate information for your Virtual Booth including name, bio information, address, phone number, email, logos and images. You will have the opportunity to review your booth and request changes or corrections one time prior to the show opening. Any additional changes that need to be made or any changes requested after the established deadline will be made at the Virtual Quilt Show staff hourly rate.
You may modify your product information through the Vendor Dashboard.
It is the responsibility of the user, and not Virtual Quilt Show, to ensure that products and the Virtual Booth feature accurate information.
13. Virtual Quilt Show Email
If you are provided with the email address of a Virtual Quilt Show customer for the purpose of completing business with that customer, you are responsible for all content of this email and the protection of the customer’s privacy.
Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send to Virtual Quilt Show Customers.
You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
You must follow all applicable guidelines established by Virtual Quilt Show. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails to addresses obtained through the Virtual Quilt Show:
Adding the address to a non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
Selling or providing the address to a third party without proper permission
Sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
Failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
Failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
Disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
Failing to include in each email your valid physical mailing address or a link to that information; or
Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify Virtual Quilt Show at [email protected]
14. Payment of Fees
You will pay the Fees applicable to your booth or sponsorship to the Virtual Quilt Show prior to access to the Vendor Dashboard.
Payments to vendors will be made by the Virtual Quilt Show within 14 business days of the close of the Virtual Quilt Show. Payments will be mailed via check to the address provided by the business. Vendors will receive the set product price, the shipping charges as calculated based on the information provided by the vendor less a 4% credit card and processing fee.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Virtual Quilt Show’s products and services. To the extent that Virtual Quilt Show charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Virtual Quilt Show of your exemption. If you are not charged Taxes by Virtual Quilt Show, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Virtual Quilt Show under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Virtual Quilt Show to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Virtual Quilt Show shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
You must maintain an accurate location in the administration menu of your Virtual Quilt Show Store. If you change jurisdictions you must promptly update your location in the administration menu.
Virtual Quilt Show does not provide refunds.
15. Cancellation and Termination
You may cancel your Account and terminate the Terms of Service at any time by [email protected] and then following the specific instructions indicated to you in Virtual Quilt Show’s response.
Upon termination of the Services by either party for any reason:
Virtual Quilt Show will cease providing you with the services and will cancel your vendor dashboard login.
Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
Your Store website will be taken offline.
We reserve the right to modify or terminate the Virtual Quilt Show Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Fraud: Without limiting any other remedies, Virtual Quilt Show may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
16. Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days’ notice from Virtual Quilt Show. Such notice may be provided at any time by posting the changes to the Virtual Quilt Show Site (Virtual Quilt Show.com) or the administration menu of your Virtual Quilt Show Store via an announcement.
Virtual Quilt Show reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
Virtual Quilt Show shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
17. Feedback and Reviews
Virtual Quilt Show welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Virtual Quilt Show be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Virtual Quilt Show (whether submitted directly to Virtual Quilt Show or posted on any Virtual Quilt Show hosted forum or page), you waive any and all rights in the Feedback and that Virtual Quilt Show is free to implement and use the Feedback if desired, as provided by you or as modified by Virtual Quilt Show, without obtaining permission or license from you or from any third party.
18. Copyright and Takedown Procedure
Virtual Quilt Show supports the protection of intellectual property and asks Virtual Quilt Show merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a Notice to Virtual Quilt Show. Upon receiving a Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
If you believe one of our merchants is infringing your intellectual property rights, you can send Virtual Quilt Show a Notice. We will expeditiously disable access or remove the content and notify the merchant.
19. Privacy & Data Protection