Terms of Service (last updated April 27, 2021)
THESE TERMS REQUIRE THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT AND NOT BY CONSOLIDATING COURT CASES OR BRINGING CLASS-ACTION SUITS. IF YOU DO NOT AGREE TO THIS OR ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
- Agreement. These Terms are the legal contract between you and us about your use of this Site. You cannot purchase products from this Site but you can either (a) put products in your cart and select “Order” and we will send you an order summary and forward your purchase requests to the Vendors who sell the products you requested and they will interact with you then to handle the purchase transaction and delivery, or (b) link directly to each Vendor who is selling the products that you are looking at in the Site and purchase the products from those websites. We may update these Terms from time to time and if it’s a material change, we’ll post a note on the homepage of the Site to let you about it. The most recent version of these Terms will be here and changes are effective when they are posted so please review them before you use the Site so that you can decide whether you want to continue using the Site. Your continued use of the Site after the changes constitutes your acceptance of the updated Terms.
- Purchasing from Vendors. VCS is a virtual craft show where you can browse through Vendors and products. When you find a Vendor, you would like to visit or a particular product you would like to buy, use the Visit Shop button to be linked directly to the Vendor’s website or click on the picture of the product to be linked to a third-party product page where you can make a purchase. Or, if you prefer to stay at our Site, put the products you like in your cart and we will pass your order on to the Vendors of those products so they can contact you to complete the purchase and arrange delivery. VCS does not sell products you see on this Site and does not process any transactions between you and Vendors. VCS does not make, store or inspect any products displayed on the Site. Any legal claim you may have related to a product or a Vendor must be brought directly against the Vendor as seller of the product.
- Linked Websites. The Site contains many links to websites controlled by other parties, including Vendor sites and online retailers (each a “Linked Website”). VCS works with Vendors to help shoppers find them but VCS is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Linked Website, any website accessed from a Linked Website, or any changes or updates to such sites. VCS makes no guarantees about the content or quality of the products or services provided by such sites. VCS is not responsible for webcasting or any other form of transmission received from any Linked Website. Any link to a Linked Website in our Site is provided to you only as a convenience, and the inclusion of any link does not imply that VCS endorses or sponsors the Linked Website. You acknowledge that you bear all risks associated with access to and use of content provided on a Linked Website and agree that VCS is not responsible for the accuracy, legality, or decency of content posted by users that you may encounter on Linked Websites. You release VCS from all liability relating to content that you encounter on any Linked Website.
- Disclaimers. VCS PROVIDES THE SITE AND ITS SERVICES “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY COURSE OF DEALING.
WE DO NOT WARRANTY THAT THE SITE OR SERVICES (A) WILL BE SECURE OR AVAILABLE ALL THE TIME OR FROM ANY LOCATION; (B) WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (C) WILL MEET YOUR EXPECTATIONS.
Since VCS does not make, store or inspect any of the products offered on the Site, VCS cannot and does not make any warranties about the quality, safety, or legality of any product you find on the Site or the Vendor who offers it. You release VCS from any and all claims relate to products you find through this Site, including defective items, Vendor misrepresentations or products that caused personal injury.
If you interact (either online or in person) with Vendors who display their products on the Site, you understand that VCS does not screen the Vendors. You release VCS from all liability relating to your interactions with Vendors. Please exercise good judgment in all interactions with others, especially if you are meeting someone in person.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL VCS, ITS EMPLOYEES OR DIRECTORS, BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR OUR SERVICES OR THESE TERMS. IN NO EVENT SHALL VCS’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS SECTION MAY NOT APPLY TO YOU.
- Indemnification. You agree to defend, indemnify and hold harmless VCS and its employees and directors, from any legal claim or demand (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of the Site, your breach of these Terms, or your infringement of someone else’s rights. We reserve the right to choose our own attorneys to defend any such claim, even if you are indemnifying us, and you agree to cooperate with us in that defense.
- Ownership. This Site is owned and operated by VCS. We own or have a license from our Vendors, to display the text, logos, graphics, sounds and images on the Site (the “Content”). No Content may be copied, reproduced, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of VCS’s intellectual property rights, whether by estoppel, implication or otherwise.
- DMCA Notice. If you believe that any Content on the Site infringes your copyright, you may request that we remove that Content by providing notice to us in accordance with the take down notice provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3)(A) to VCS’s designated copyright agent: Copyright Agent – Muelbury, Ltd., P.O. Box 4745, Wheaton, Illinois 60189 or email to info@VirtualCraftShow.com.
- Responsibility for Your Content. If you use any feature on the Site that allows you to send email, or post text or images and the like, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for products or services. VCS reserves the right to immediately remove such content and deny you access to the Site if you repeatedly post content that VCS reasonably believes infringes another party copyright or these Terms. VCS will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
- Governing Law and Binding Arbitration. These Terms are governed by the laws of the State of Illinois without regard to its conflict of laws principles. Subject to all applicable laws, you are agreeing to give up: (a) your right to litigate any claims that may arise under these Terms in court or before a jury; and (b) your right to consolidate any claim and/or participate in any class-action claim that may arise under these Terms in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising under these Terms which we cannot amicably resolve with you shall be solely and finally settled by binding arbitration before a single arbitrator administered by ADR Systems in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court with proper jurisdiction. Any in-person arbitration hearings shall take place in DuPage County, Illinois. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall pay all of its own costs to participate in the arbitration; provided, however, that the prevailing party shall be entitled to an award for its actual costs incurred, including reasonable attorney’s fees. This Section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms.
- Notices. We may provide notices to you by: (a) email; (b) regular mail; or (c) national overnight carrier like FedEx or UPS. You are responsible for providing us with your current email and mailing addresses. You can contact us at any time by: (i) email to info@VirtualCraftShow.com; or (ii) U.S. Mail or overnight carrier to: Muelbury, Ltd., P.O. Box 4745, Wheaton, Illinois 60189.
- Miscellaneous. In the event that any part of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other portion of the Terms. We may assign any or our rights and obligations under these Terms. These Terms supersede any other agreement or understanding between you and VCS regarding the Site or any VCS services.