TERMS & CONDITIONS
Virtue Artifacts website located at www.VirtueArtifacts.com (the “Site”) is owned and operated by Virtue Artifacts (collectively, “Virtue Artifacts,” “we,” “our,” the “Company,” or “us”). Each end-user (“User,” “you” or “your”) agrees to the following Virtue Artifacts Website Terms and Conditions (“Terms and Conditions” of the “Agreement”), in their entirety, when the User: (a) accesses or uses the Site; (b) accesses and/or views any of the blog posts (“Blog Posts”), videos, audio, stories, testimonials, text, photographs, graphics, artwork and/or other content featured on the Site, as made available by Virtue Artifacts (collectively, the “Content”); (c) accesses links to Virtue Artifacts™ social media pages/accounts on third party social media websites, such as Facebook, Google+, Pinterest, Twitter, X (collectively, “Social Media Pages”); (d) utilizes the contact form and/or other functionality as a means to request being contacted by Virtue Artifacts (collectively, “Contact Services”); (e) accesses the comments sections associated with the Blog Posts and/or other interactive features made available on the Site (“Interactive Services”); and/or (f) purchases of any clothing, electronics and any other products that may be made available by and through the Site (collectively, the “Products” and together with the Site, Content, Social Media Pages, Contact Services and Interactive Services, the “Virtue Artifacts Offerings”).
PLEASE REVIEW THE TERMS OF THE CONDITION CAREFULLY. IF A USER DOES NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO ACCESS, DOWNLOAD AND/OR USE, AS APPLICABLE, THE VIRTUE ARTIFACTS OFFERINGS IN ANY MANNER OR FORM. BY CONTINUING TO USE THE SITE, PURCHASING PRODUCT, OR OTHERWISE USING ANY SERVICE OFFERED BY VIRTUE ARTIFACTS, YOU AGREE TO THESE TERMS.
Privacy
The following Terms and Conditions are inclusive of the Virtue Artifacts Website Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Company’s Privacy Policy here.
Accessing the Site
You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Virtue Artifacts Offerings. Virtue Artifacts does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Virtue Artifacts does not guarantee that the Virtue Artifacts Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Virtue Artifacts Offerings through your wireless device. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them. You are fully responsible for all such charges and Virtue Artifacts has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
Products
Virtue Artifacts attempts to be as accurate as possible when describing its Products. However, Virtue Artifacts does not warrant or guarantee that Product descriptions (or other Content contained on the Site) is/are accurate, complete, reliable, current or error free. We have made every effort to display as accurately as possible the colors and sizes of products that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
In the event that a Product is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Virtue Artifacts shall have the right to refuse or cancel any orders placed for that Product so listed at the incorrect price. Virtue Artifacts shall have the right to limit the number of items purchased through the Site. Virtue Artifacts shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Active Credit Card (as defined below) charged. If your Active Credit Card has already been charged for the purchase and your order is cancelled, Virtue Artifacts will promptly issue a credit to your Active Credit Card account in the amount of the charge.
You understand and agree that Virtue Artifacts is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or acquire any Products. You understand and agree that Virtue Artifacts shall not be liable to you or any third party for any modification, suspension or discontinuation of any Product, service or promotion offered by Virtue Artifacts. If Virtue Artifacts terminates the Agreement for any reason, Virtue Artifacts shall have no liability or responsibility to you. You understand and agree that refusal to use the Virtue Artifacts Offerings is your sole right and remedy with respect to any dispute with Virtue Artifacts.
Content
The Site contains Content which includes, but is not limited to, regularly updated Blog Posts, a description of Virtue Artifacts’s Products and philosophy, and other materials regarding the Virtue Artifacts Offerings. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
Social Media Pages and Third-Party Websites
The Site contains links to the various Virtue Artifacts Social Media Pages and the Site may include hyperlinks or directions to access content on other third-party websites, applications, or other services that are not under the control of the Company. The Social Media Pages and other third party applications or services are hosted and made available on third party websites (“Third Party Websites”) by third party entities. Your use of Social Media Pages and Third Party Websites shall be governed by those Third Party Websites’ applicable agreements, terms and conditions. You understand and agree that Virtue Artifacts shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Third Party Websites.
Interactive Services
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to post comments on Virtue Artifacts blog posts and engage in other interactive communication. In connection with the Interactive Services, each User shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. Virtue Artifacts reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the Interactive Services, that Virtue Artifacts deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Virtue Artifacts believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Virtue Artifacts to harm, damage to reputation or liability. Notwithstanding the foregoing, Virtue Artifacts undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third parties. Virtue Artifacts shall have no obligation and incur no liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations. Virtue Artifacts reserves the right in its sole discretion to edit and/or delete any Feedback, documents, information or Content appearing on the Site.
(b) In connection with your use of the Interactive Services and other of the Virtue Artifacts Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by Virtue Artifacts, without Virtue Artifacts’s specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or the Content; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site or on any materials posted to the Site; (xiii) interfere with or disrupt the Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Site without Virtue Artifacts’s prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Virtue Artifacts Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Virtue Artifacts Offerings or any software used in or in connection with Virtue Artifacts Offerings. Virtue Artifacts reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
Interactions.
Users are solely responsible for their interactions with other Users and third parties featured through the Virtue Artifacts Offerings. Because Virtue Artifacts is not involved in interactions with other Users and third parties, in the event that you have a dispute with one or more Users and/or other third-parties, you hereby release Virtue Artifacts from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
Intellectual Property
All proprietary content available on any Virtue Artifacts Offerings, including but not limited to videos, text, designs, graphics, data, code, and software, is the property of Virtue Artifacts or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through any of Virtue Artifacts Offerings to anyone. Any copy made of information obtained through the use of Virtue Artifacts’s online applications must include the copyright or other proprietary notices contained on such materials. All software and accompanying documentation or content made available for download from any of Virtue Artifacts’s online applications, is the copyrighted work of Virtue Artifacts or its licensors.
License and Restrictions
Virtue Artifacts expressly reserves all right, title, and interest in the content of its Offerings. Subject to the terms and conditions of this agreement, Virtue Artifacts grants each user a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use its Services, for personal use on any device owned by you. By agreeing to these Terms and Conditions, you agree not to sell, rent, lease, transfer, sublicense, distribute or otherwise make any of Virtue Artifacts’s online applications or resources available to third parties for any reason. You further agree not to: (i) modify, translate, copy, reverse engineer, decompile, disassemble, re-engineer, or otherwise create or attempt to create the source code of Virtue Artifacts’s online resources, or (ii) modify or create derivative works based on Virtue Artifacts’s online resources.
Representations and Warranties
Each User hereby represents and warrants to Virtue Artifacts as follows: (a) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Virtue Artifacts Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) such User’s performance under the Agreement and such User’s use of the Virtue Artifacts Offerings will not: (i) invade the right of privacy or publicity of any third person; (ii) violate any applicable law; and/or (iii) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, libel or slander, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, representatives, agents or any related parties from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Company’s website or its products.
Disclaimer of Warranties
THE VIRTUE ARTIFACTS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VIRTUE ARTIFACTS MAKES NO WARRANTY THAT THE VIRTUE ARTIFACTS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE VIRTUE ARTIFACTS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VIRTUE ARTIFACTS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE VIRTUE ARTIFACTS OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM VIRTUE ARTIFACTS OR OTHERWISE THROUGH OR FROM THE VIRTUE ARTIFACTS OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT VIRTUE ARTIFACTS SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIRTUE ARTIFACTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE VIRTUE ARTIFACTS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE VIRTUE ARTIFACTS OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (F) ANY OTHER MATTER RELATING TO THE VIRTUE ARTIFACTS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES VIRTUE ARTIFACTS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF VIRTUE ARTIFACTS TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIFTY DOLLARS ($50.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE VIRTUE ARTIFACTS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR VIRTUE ARTIFACTS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND VIRTUE ARTIFACTS. ACCESS TO THE VIRTUE ARTIFACTS OFFERINGS WOULD NOT BE PROVIDED TO ANY USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF VIRTUE ARTIFACTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Dispute Resolution, Governing Law and Jurisdiction
All matters relating to the Site and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Site shall be instituted exclusively in the courts of the State of Nevada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Miscellaneous
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Virtue Artifacts Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Virtue Artifacts’ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Virtue Artifacts may, with or without notice to you and in its sole discretion, assign the Agreement and/or any of its rights or delegate its duties under the Agreement to any third party for any purpose. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
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