Terms of Service

Last Updated: September 12, 2023

 

Please review the following terms and conditions ("Terms") that govern your use of and purchase of products from (collectively, "Use") virtumade.com and any Virtu Made branded Site (collectively, our "Site"). The Site is provided by Virtu Bags LLC ("Virtu Made"). By creating an Account or otherwise accessing or using the Site, you acknowledge and agree to follow and be bound by these Terms.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE OUTLINED IN SECTION 16 BELOW.

 

1. Eligibility

 You must be at least 13 years old to Use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site with permission from your parent or legal guardian. By using the Site, you represent and warrant that

  1. all information you submit during Account registration is truthful and accurate;
  2. you will maintain the accuracy of such information; and
  3. your Use of the Site does not violate any applicable law or regulation.

Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

 

2. Accounts & Registration

 You must set up a user account to use certain Site features ("Account"), such as when you register for a shopping account and participate in services including Wish List and Product Reviews. You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs under your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify Virtu Made customer service immediately of any unauthorized use or any other breach of security on your Account. Virtu Made will not be liable for losses incurred due to unauthorized use of a password or Account. Personal information submitted through the Site is governed according to our Privacy Policy. 

 

3. Shipping & Processing

 For information about our shipping and other delivery options and policies, please visit our Shipping page. 

 

4. Merchandise Availability

 Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order is processed, we will notify you of this via email or Phone. You will receive a shipping confirmation email once your items have shipped. 

 

5. Product Information

 The prices displayed on the Site are quoted in U.S. dollars unless otherwise indicated.

Please note that while we have tried to display the colors of products accurately, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. Virtu Made reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

 

6. Transactions

 We reserve the right to refuse or cancel any order you place on the Site, including pricing errors. We reserve the right to limit quantities on orders placed by the same Account, on orders placed by the same payment method, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors. Suppose you wish to purchase any product or service made available through the Site. In that case, you may be asked to supply certain information relevant to your transaction, including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.

 

7. Site Contents

 The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Site, the Site as a whole, and all other elements of the Site (collectively, "Contents") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All Contents are owned, controlled, or licensed by Virtu Made or its subsidiaries and affiliates. Any use of the Contents without Virtu Made's express written consent is strictly prohibited. Virtu Made reserves all rights to the Contents not granted expressly in these Terms. Any material downloaded or otherwise obtained through the use of the Site is done at your discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. Virtu Made grants you a limited license to access and use the Site and the Content solely for your personal, noncommercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title, or interest in any Contents is granted or transferred to you due to any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law and may result in severe civil and criminal penalties. 

 

8. Comments, Feedback & Other Submissions

 We welcome your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted, or offered to Virtu Made using this Site or otherwise (collectively, "Comments") are not confidential. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve the Site and create other products and services.

 

9. Privacy

 Any personal information that you provide to Virtu Made is subject to our Privacy Policy. Please review the Privacy Policy for more information about how we collect and use personal information. 

 

10. User Content

 Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Site. Virtu Made uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Twitter, and Instagram (collectively, "Social Media Assets") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site or Social Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site. Virtu Made does not endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements posted on forums, blogs, or otherwise contained in the Site and expressly disclaims any and all liability in connection with User Content submissions. Virtu Made disclaims any and all liability in connection with User Content, and you agree that Virtu Made and its third-party service providers are not responsible and shall have no liability to you with respect to any User Content.

By providing User Content via the Site or Social Media Assets, you affirm, represent, and warrant that:

 

  1. you are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize Virtu Made and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by Virtu Made, the Site, and these Terms;
  2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Virtu Made to violate any law or regulation or otherwise cause liability for Virtu Made; and
  3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate

 

11. License to Your Content

 By posting, displaying, uploading, or providing User Content to the Site or Social Media Assets, you hereby grant Virtu Made a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or noncommercial purposes. By providing User Content to or via the Site to other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site. 

 

12. Sole Discretion to Edit or Screen Content

 Virtu Made does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, Virtu Made is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. Virtu Made reserves the right but undertakes no duty to at any time and without prior notice review, screen, remove, edit, move, delete, or block any User Content, in its sole discretion, without notice. If at any time Virtu Made chooses, in its sole discretion, to monitor the Site, Virtu Made nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. 

 

13. Acceptable Use

  •  You are responsible for your Use of the Site. Our goal is to create a positive, functional, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not: violate any law or regulation;
  • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
  • post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
  • advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
  • alter or tamper with any Contents, information, or materials on or associated with the Site;
  • transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, Account, or any other personally identifiable or private information from any user;
  • disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware, or servers in any way;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • impede or interfere with others' Use of the Site;
  • abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
  • use any robots, spiders, scrapers, or any other automated means to access the Site for any purpose.
  • use any means to scrape or crawl any web pages contained on the Site;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Site;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
  • advocate, encourage or assist any third party in doing any of the foregoing.

 

14. Copyright Infringement Policy/DMCA

  •  We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please send the following information to the Copyright Agent named below: Your address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the alleged infringing material is located on the Site.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

The contact information for Virtu Made's Copyright Agent is as follows:

 

Copyright Agent

Virtu Bags LLC

27182 Via Burgos

Mission Viejo, CA 92691

info@virtumade.com

 

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

Virtu Made may, at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

 

15. Disclaimer, Limitation of Liability & Indemnity

 THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. VIRTU MADE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIRTU MADE DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH VIRTU MADE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER VIRTU MADE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.

VIRTU MADE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE OR WITH ANY OF VIRTU MADE'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VIRTU MADE AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to Virtu Made through the Site during the prior twelve (12) months.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

 

16. Dispute Resolution

 Our Customer Service Specialists are ready to assist you and address your concerns—email info@virtumade.com. 

In the event that our customer service team is unable to resolve your concern by using this Site, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and Virtu Made or any Virtu Made affiliate (including any claim, controversy, or dispute between you and a third-party agent of Virtu Made or any Virtu Made affiliate) will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes relating to your access or use of our Site, any products or services purchased from Virtu Made through our Site or stores. The sole exceptions to the foregoing requirement to arbitrate are that: (a) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and advances only on an individual (non-class, non-representative basis); and (b) each party may bring suit in court to enjoin infringement or other misuses of intellectual property rights. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH VIRTU MADE IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, 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 these Terms as a court would.

You agree that the arbitration will be conducted by the American Arbitration Association ("AAA"), adr.org, 1.800.778.7879. To begin an arbitration proceeding, you may either (1) send a letter requesting arbitration and describing your claim to: Virtu Bags LLC Attn: Legal Department, 3822 Katella Ave., Los Alamitos, CA 90720; or (2) contact the AAA and follow the appropriate procedures with the AAA to commence an arbitration. The AAA consumer rules for arbitration shall apply. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. We will reimburse those fees for claims totaling less than $10,000. Likewise, Virtu Made will not seek attorneys' fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.

As set forth above, we each agree to bring any dispute on an individual basis only and not on a class, consolidated, representative, or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction," and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first, and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR VIRTU MADE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

17. Applicable Law & Venue

 The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or Use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California. Any action relating to the Use of the Site or any transaction with Virtu Made must be brought in the state or federal courts located in California for any lawsuit or court proceeding permitted under these Terms. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

 

18. Links to Other Websites & Services

 This Site may include links to other websites maintained by third parties ("Linked Sites"). Virtu Made provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Virtu Made of the Linked Sites. You access Linked Sites at your own risk, and by accessing them, you leave the Virtu Made Site. Linked Sites are not under the control of Virtu Made, and Virtu Made is not responsible for the contents of any Linked Site. 

 

19. Google Maps Privacy & Terms of Service

 Your use of mapping available on this Site is governed by the Google Maps Terms of Service and Google Privacy Policy. Google reserves the right to change the Google Terms of Service and Privacy Policy at any time, at their sole discretion. For additional information, please see Google Maps Terms of Service and Google Privacy Policy.·       

 

20. Termination

 These Terms constitute an agreement that is effective unless and until terminated by Virtu Made. Virtu Made may, at its sole discretion, terminate these Terms or your Account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your Account at any time by contacting Virtu Made customer service. If in Virtu Made's sole discretion you fail to comply with any term or provision of these Terms, Virtu Made may terminate your Account and deny you access to the Site. In the event of denial of access by Virtu Made, you are no longer authorized to access the Site. Upon termination of these Terms: (a) you must immediately cease use of the Site; (b) you will no longer be authorized to access your Account or the Site; and (c) the following Sections will survive termination: Sections 8, 10, 11, 15, 16, 17, 21, and all other provisions of these Terms which are by their nature intended to survive termination.· 

 

21. Additional Terms, Modification & Severability, Miscellaneous

 Please review our other terms and policies posted on the Site, including the Privacy Policy ("Additional Terms"). The Additional Terms also govern your Use of the Site are incorporated by reference into and made a part of these Terms. These Terms constitute the entire Agreement between you and Virtu Made relating to the subject matter addressed herein. We reserve the right to modify, suspend, or discontinue the Site and any service, content, features, or products offered through the Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site or any service, content, feature, or product offered through the Site.

 

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you Use the Site, you should review the current Terms. Your continued Use of the Site will constitute your acceptance of the current Terms.

 

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

 

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.