Terms and Conditions
Welcome to ShroudMarketplace.com. Shroud Marketplace is wholly owned by Virtual Vendibles and/or its affiliates ("Virtual Vendibles") provide website features and other products and services to you when you visit or shop at ShroudMarketplace.com. Virtual Vendibles provides services subject to the following conditions.
By using ShroudMarketplace.com, you agree to these conditions. Please read them carefully.
We offer a wide range of services, and sometimes additional terms may apply. When you use a service (for example, Your Profile, Gift Cards, or Subscriptions) you also will be subject to the guidelines, terms and agreements applicable to those Service Terms. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Shroud Marketplace, to understand our practices.
When you use any Virtual Vendibles Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other Virtual Vendible Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You must be a registered user to select and pay for an item. Upon selection of an item, your payment will be collected through an independent third party payment provider. By using such provider, you agree to the terms and conditions applicable to each payment method you choose. The webmaster and affiliates do not receive any confidential payment data from such providers, and the webmaster and affiliates are not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. The webmaster and affiliates reserve the right to change such payment providers at any time.
If you use any Virtual Vendibles Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Virtual Vendibles does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Virtual Vendibles Services only with involvement of a parent or guardian. Virtual Vendibles reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-gift cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Virtual Vendibles reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Virtual Vendibles a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Virtual Vendibles and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Virtual Vendibles for all claims resulting from content you supply. Virtual Vendibles has the right but not the obligation to monitor and edit or remove any activity or content. Virtual Vendibles takes no responsibility and assumes no liability for any content posted by you or any third party..
Virtual Goods, Currencies, and Purchase Terms:
RISK OF LOSS
All items purchased from Virtual Vendibles are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Virtual Vendibles does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Virtual Vendibles does not take title to the refunded item. Typically, Virtual Vendibles does not issue refunds, but in rare occurrences a refund may be granted.
In Case of a Billing Error:
Virtual Vendibles attempts to be as accurate as possible. However, Virtual Vendibles does not warrant that product descriptions or other content of any Virtual Vendibles Service is accurate, complete, reliable, current, or error-free. If a product offered by Virtual Vendibles itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Virtual Vendibles Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by Virtual Vendibles, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Virtual Vendibles is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally charge your credit card prior to your order entering the shipping process for both physical and virtual goods.
Parties other than Virtual Vendibles operate stores, provide services, or sell product lines through ShroudMarketplace.com. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Virtual Vendibles does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE VIRTUAL VENDIBLES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VIRTUAL VENDIBLES SERVICES ARE PROVIDED BY VIRTUAL VENDIBLES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VIRTUAL VENDIBLES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VIRTUAL VENDIBLES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VIRTUAL VENDIBLES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VIRTUAL VENDIBLES SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIRTUAL VENDIBLES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIRTUAL VENDIBLES DOES NOT WARRANT THAT THE VIRTUAL VENDIBLES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VIRTUAL VENDIBLES SERVICES, SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM VIRTUAL VENDIBLES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIRTUAL VENDIBLES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VIRTUAL VENDIBLES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY VIRTUAL VENDIBLES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL THE WEBMASTER AND AFFILIATES OR ITS LICENSORS, EMPLOYEES, OFFICERS, OR DIRECTORS (COLLECTIVELY, "THE WEBSITE AND AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PROVIDED TO THE WEBMASTER AFFILIATES. IN NO CASE SHALL THE WEBMASTER AND AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBMASTER AND AFFILIATES’S SERVICES. TO THE EXTENT THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE WEBMASTER AND AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Any dispute or claim relating in any way to your use of any Virtual Vendibles Service, or to any products or services sold or distributed by Virtual Vendibles or through ShroudMarketplace.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
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 these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our firstname.lastname@example.org. The arbitration will be conducted by a provider chosen by Virtual Vendibles under its rules. Payment of all filing, administration and arbitrator fees will be governed by the arbitrator’s rules. We will reimburse those fees for claims totaling less than $50 unless the arbitrator determines the claims are frivolous. Likewise, Virtual Vendibles will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at the place of the arbitrator’s chosing.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Virtual Vendibles Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Virtual Vendibles.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Virtual Vendibles Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.