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Virtual Storefronts Terms of Service
Oct 30, 2023
Version History Of This Published Document
This published document / web page has been continuously published since October 2020 at the URL: https://docs.google.com/document/u/1/d/e/2PACX-1vTll_60HBz7RavwXfsJGaKgfjaqNQQzq7EeKkXOVIayLmuK6a_Bi0XUUdJxEwQ6bot5YlgPmje1_8bf/pub
PUBLISHED ON EFFECTIVE TO DESCRIPTION OF UPDATE
Oct 30, 2023 Ongoing Add Partner Storefront details to Affiliate Program TOS
Oct 23, 2023 Oct 30, 2023 Add Affiliate Program Terms of Service to new section at end of document
Oct 12, 2023 Oct 22, 2023 Storefronts are approved for publishing after 10 days without reply
Sep 26, 2023 Oct 11, 2023 More Specific Terms of Service for Merchant customers, Pilot and Nationwide
Sep 12, 2023 Sep 25, 2023 New Terms of Service for Merchant and Shopper accounts included here
Virtual Storefronts By Uspace Terms of Service
Last Updated: September 26, 2023
This Agreement ("Agreement") is a legally binding contract between Unpublished Space LLC ("The Company" and “The Seller”) and any authorized business owner, business manager or authorized organization administrator ("The Customer") who utilizes the Virtual Storefronts platform ("Virtual Storefronts") and any person who accesses Virtual Storefronts as a shopper ("The Shopper"). By using Virtual Storefronts, you agree to comply with and be bound by the terms and conditions outlined herein. Please carefully read this Agreement.
- "Announcements" means any content that is published on the Virtual Storefronts platform, including but not limited to text, images, videos, and links.
- "Merchant Partner" or “The Customer” means any authorized business owner, business manager or authorized organization administrator who hosts a Virtual Storefront on the Virtual Storefronts platform.
- "Shopper" means any person who uses the Virtual Storefronts platform to view Announcements, Storefronts or any other content
- Virtual Storefront or “Storefront” refers to the web page and publishing features the Company hosts on behalf of the Merchant or Organization Customer
- “Pilot Merchant Partner” means any Virtual Storefronts Customer who purchased their Storefront between January 14, 2021 and September 30, 2023, before the official Nationwide launch of Virtual Storefronts on October 1, 2023
- “Nationwide Merchant Partner” means any Virtual Storefront Customer who purchased their Storefront on October 1, 2023 or later
1. Virtual Storefronts Merchant Partner Program Overview, Specifications and Conditions
- Definitions: By making this purchase of a Virtual Storefront (“Storefront”), you (the “Customer” and “Merchant Partner”) agree to participate in the Merchant Partner Program for Virtual Storefronts by UspaceⓇ as administered by Unpublished Space LLC (the Company) doing business as USPACEⓇ of Georgia, USA
- Product: Seller agrees to provide Buyer a Virtual Storefront (“Storefront”) as demonstrated in Web App located at www.virtualstorefronts.com. Buyer agrees to hold Seller harmless for any errors or omissions related to the fulfillment of their Storefront; publishing of their data correct or incorrect; or any interaction or representation of Buyer’s business with visitors and Shoppers to the www.virtualstorefronts.com website and web app or any future related application containing Buyer’s data.
- Definition of Pilot Program and Nationwide Program: Virtual Storefronts delivers extraordinary value as a website solution, search engine solution and local media marketing tool. Today’s Storefront is the product of continuous iterations and improvement in the core “Storefront” product we began providing to our Pilot Merchant Partners on January 14, 2021. From the day we launched the app, hosted first at Virtualstorefront.co then moved to Virtualstorefronts.com, we believe our product has delivered full value for its low price. First as a website solution in 2021. Next as a search engine marketing solution in 2022. And as an Area Live Feed marketing tool starting in late 2022.
However, we reserve the right to not charge a renewal fee for any Pilot Merchant Partner (or even in some extraordinary or unforeseen circumstances for a Nationwide Merchant Partner) for any reason including but not necessarily limited to the Company having limited resources to deliver documents showing ‘proof of value’ and other benefits prior to renewal. Another reason might be that a particular network feature that a business prioritizes benefits from has not yet matured in a way that delivers a desired level of impact. This could be another instance in which not charging a customer facilitates the continuation of a mutually beneficial relationship between the Company and the Customer along with facilitating the ongoing growth, improvement, and optimization of the Virtual Storefronts By Uspace technology network.
- Covers All Products And Services Offered To Buyers: These Terms and Conditions govern all other products and services provided to all Buyers of Virtual Storefronts and Unpublished Space LLC (the Company) products and services including but not limited to advertising services, product upgrades and alternative services.
- Good Faith: This agreement is entered into by both parties in Good Faith, meaning that each party holds itself responsible for upholding basic ethical standards required to conduct business in a reasonable, honest, and lawful manner. Buyers found by the Company in violation of Good Faith may forfeit any privilege granted to Buyer, including but not limited to having their Storefront taken down at the discretion of the Company without further compensation and with no explanation required.
- Fair Use For Promotion: Unless Buyer specifically requests that images that represent their business as a Merchant Partner not be used for public disclosures on video, print and web, and other reasonable disclosure and promotion of your participation in Virtualstorefronts.com, we reserve the right to use this information for promotion on all channels.
- Delivery of Data: Buyer understands that certain data is required from them for Virtual Storefronts to fulfill product delivery. Buyer agrees to not hold Seller responsible for delivery of product, refund or liability in any instance in which Seller has not been provided with data required to produce a Virtual Storefront for the Buyer. Buyers are ultimately responsible for creating and maintaining their own account, data, and other assets on their Storefront as they have access to and ownership of their Storefront at all times via the Merchant Admin Panel feature at Virtualstorefronts.com.
- Storefront Approval Process: Buyer understands that a timely reply to the delivery of Storefront draft is required to publish Storefront and make available to search engine crawlers. If a Storefront draft has been delivered and the Company has not had a reply from the Storefront Buyer within a period of 10 days, the Storefront is considered approved and ready for publishing on Virtual Storefronts. The Company will not be held liable for publication of Storefronts that are approved by default in this manner. The Buyer may ask for their Storefront to be taken down or not posted at any time in the process. Virtual Storefronts will usually be able to complete a ‘take-down request’ within 24 hours.
- Refund: If the Company does not, or cannot for whatever reason, provide an “as is” product as demonstrated at www.virtualstrorefronts.com, Buyer will be issued a refund for the full amount of purchase. Products that are produced and delivered as demonstrated are not refundable. If you are unsatisfied with our product you are guaranteed your money back within 30 days of the date of purchase.
- Future development: Buyers may be granted certain upgrades to the www.virtualstorefronts.com platform in the future associated with the core Merchant Partner package as the product grows and evolves. In some cases, future upgrades may not be included and may require additional purchases. Upgrades granted and not granted to Buyers in the future are at the sole discretion of the Company.
- Terms For Renewals: Renewals occur annually on the date of original purchase by an automated subscription service. Buyers are generally notified of a pending renewal 30 days before renewal. Unless your subscription is canceled, your renewal may be automatically charged to the credit card provided.
- How To Cancel Your Subscription: Please email firstname.lastname@example.org with the subject line: Cancel Subscription. In the body please include the name and email address you used to make your initial purchase. We will cancel your subscription within 3 days of receipt.
- 30 Day Money Back Guarantee: If you are not satisfied with the Storefront that is delivered to you within 30 days from date of purchase, you can request a full refund. Email email@example.com. Subject line: Money Back Guarantee. Body: Please include the email address and name used at time of purchase. Refunds via Stripe can take up to a week or longer to complete depending on how your bank handles card refunds.
2. Purpose of Virtual Storefronts
A. Virtual Storefronts is a technology platform that promotes businesses and organizations of our Customers using our product, a Virtual Storefront or "Storefront." Storefronts have at least three unique functions:
1. A website solution for our customers.
2. A search engine marketing tool using keywords.
3. A Live Feed marketing tool that hosts Customer Announcements to Shoppers and the public.
B. In 2022, Virtual Storefronts introduced the Live Feed feature to enhance the publishing capabilities.
C. Merchants who do not wish to have certain information or live feed announcements posted must notify The Company in writing. The Company is not responsible for any objectionable content that is not reported in writing by The Customer.
D. The Company is not responsible for errors or omissions in the publishing of storefronts, announcements or any other data on behalf of Merchants and Organizations who have authorized The Company to represent their interests on Virtual Storefronts.
2. Liability and Responsibility
A. Customer Responsibilities. The Customer is responsible for the following:
- Ensuring that all Announcements comply with the terms of this Agreement.
- Providing accurate and up-to-date information in all Storefront information and Live Feed Announcements.
- Removing any Storefront information or Live Feed Announcements that are no longer accurate or up-to-date.
- Notifying the Company immediately if any Storefront information or Live Feed Announcements are flagged as inappropriate or offensive.
B. Company Responsibilities. The Company is responsible for the following:
- Providing the Virtual Storefronts platform to the Customer.
- Removing any Announcements that are flagged as inappropriate or offensive.
C. The Company is not liable for any content or Announcements posted on the Live Feed or any other aspect of Virtual Storefronts.
E. The Company is not liable for any technical, editorial, or publishing errors, whether by The Company or The Customer.
F. The Customer agrees to be included in all relevant feeds related to their Storefront, including potential future forms of display and distribution with the Virtual Storefronts platform, within the USPACE network, and/or to other parties, companies or entities.
G. The Customer retains all intellectual property rights in all content generated by Customer, such as descriptions, photos, and Live Feed Announcements. However, by publishing Storefront information and Feed Announcements on the Virtual Storefronts platform, the Customer grants the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, modify, and display all Storefront Information, Announcements and other data related to the Customer’s presence on Virtual Storefronts. The Company retains the rights to sell, lease, rent, or market the Live Feed and content posted by Customers to any entity with commercial or business interests in the Live Feed.
H. The Customer understands that content published on Virtual Storefronts is open on the internet and that The Company is not responsible for any eventual use or misuse of such content.
3. Content Guidelines
A. Virtual Storefronts allows for the publishing of informational Announcements intended for the general public, but posting personal information is not appropriate.
B. Content that is age-restricted in any state in the United States is not acceptable for publishing on Virtual Storefronts.
C. Virtual Storefronts is not responsible for any content published by Merchants or Organizations.
D. Virtual Storefronts reserves the right to remove publishing privileges from any business without a refund at its discretion and without providing a specific reason.
4. Data Security and Privacy
A. The Company will take reasonable measures to protect user data and information, but The Company is not liable for any data breaches or unauthorized access to user accounts.
B. Users are responsible for maintaining the confidentiality of their login credentials which they can customize at any time in their Admin Panel and are encouraged to use strong, unique passwords such as a password created by Bitwarden Password Generator.
5. User Conduct
A. Users are expected to abide by community guidelines and not engage in any activities that may harm the platform, other users, or violate applicable laws.
C. The Company reserves the right to take appropriate actions, including suspending or terminating user accounts, for violations of these Terms of Service or unacceptable behavior on Virtual Storefronts or in real life.
6. Intellectual Property
A. Users retain ownership of their content but grant The Company a non-exclusive, worldwide, royalty-free license to use, modify, and distribute their content on Virtual Storefronts.
B. Users may not infringe upon the intellectual property rights of others when using the platform.
7. Termination of Service
A. The Company reserves the right to terminate or suspend user accounts or access to the platform at its discretion, with or without cause, and without prior notice.
8. Warranty Disclaimers
A. The Company does not guarantee the accuracy, reliability, or availability of the platform or its content.
B. The Company is not responsible for any losses or damages resulting from the use of Virtual Storefronts.
9. Limitation of Liability
A. The Company's liability is limited to the fullest extent permitted by applicable law. Users should be aware of the limitations of liability for certain types of damages or losses.
10. Governing Law, Jurisdiction and Arbitration
A. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any legal action arising after arbitration is governed by the laws of the State of Georgia and the United States where applicable. The arbitration will be held in the city of Atlanta in the state of Georgia.
B. These Terms of Service are governed by the laws of the State of Georgia. Any disputes not settled in arbitration will be subject to the exclusive jurisdiction of the courts in the State of Georgia, United States.
11. Changes to Terms
A. The Company reserves the right to modify these Terms of Service at any time, and users should periodically review the Terms for updates.
A. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions will remain in effect.
13. Entire Agreement
A. These Terms of Service constitute the entire agreement between the parties and supersede all prior agreements and understandings.
14. Contact Information
A. Users should contact The Company at firstname.lastname@example.org for any questions or concerns related to these Terms of Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Unpublished Space LLC, 1100 Peachtree St, Ste. 250, Atlanta, GA 30309.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: Georgia, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Virtual Storefronts by USpace, accessible from http://virtualstorefronts.co
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
- Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- We share data with Google Analytics to gather data on website usage and traffic
- We share data with Hotjar to gather data on how people visit our website
- We anonymously collect information on what keywords people are searching
- We do have access to or intend to collect personal information of those who use The Local Search Engine at virtualstorefront.co
- If Google or Hotjar are doing so and you are aware of their infringement on your privacy, we want you to please make us aware of the issue as soon as possible so we can resolve it. Contact email@example.com
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: firstname.lastname@example.org
Terms of Service Exclusively For Affiliate Program
Traffic Restrictions for Virtual Storefronts by Uspace Affiliate Program
- The Company refers to Unpublished Space LLC (trademarked Uspace), developer of Virtual Storefronts by Uspace.
- Affiliates are independent businesses who refer business to The Company.
- Commissions are the money affiliates generate to be paid upon successful sale.
- Commission tiers as of October 23, 2023 are :
- Tier A. $50 per Storefront SOLD on Sales 1-10
- Tier B. $75 per Storefront SOLD on Sales 11-20
- Tier C. $100 per Storefront SOLD on Sales 21 and up
- All referrals must be for qualified locally-owned, non-franchise businesses and local organizations of any type. Referrals for franchise businesses will be rejected, and money will be refunded to the purchaser. To determine if a business is qualified use the online quiz at virtualstorefronts.co/are-you-main-street
- Affiliates are permitted one bad referral without penalty. After the second bad referral, The Company reserves the right to remove the affiliate from the program.
- Affiliates may not bypass Virtual Storefronts pages to generate orders. In other words, no direct linking to cart or order forms from any ads or landing pages. The customer must see The Company’s offer as presented by The Company prior to landing on the cart.
- Affiliates may NOT employ spying tools for the intention of duplicating successful advertisements. Utilizing duplicate advertisements or landing pages will result in the suspension of your account without prior notification.
- Affiliates are strictly prohibited from utilizing adware as a means of advertising Virtual Storefronts.
Additional Terms and Conditions:
- Affiliates are forbidden from creating webpages, social media pages or accounts that falsely represent themselves as the creators or owners of the Virtual Storefronts product and must make it clear that the page is a REVIEW page and you’re being compensated for the review.
- Affiliates are not allowed to publish or distribute Press Releases on behalf of Virtual Storefronts in any way, shape, or form on any press release platform, website, in printed media, or on any other press release service.
- You are not allowed to promote Virtual Storefronts on retail sites, auction sites, or app stores such as Amazon, eBay, Google Store, iTunes, or any other site that falls into these categories, in any way, shape, or form (this includes products created by you or by The Company). As well, selling products branded with the Virtual Storefronts brand on Craigslist, Kijiji, Facebook Marketplace or any other classified ad network is forbidden.
- Commissions may be held for the period of the 30 day money back guarantee before payout if The Company finds referrals from specific affiliates result in refund requests.
- Payment is made by CashApp, Venmo or Zelle.
- Payments are usually made monthly by the 10th of the month for affiliates who reach $100 or more in commissions, the payout threshold.
- Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any legal action arising after arbitration is governed by the laws of the State of Georgia and the United States where applicable. The arbitration will be held in the state of Georgia.
- These Terms of Service are governed by the laws of the State of Georgia. Any disputes not settled in arbitration will be subject to the exclusive jurisdiction of the courts in the State of Georgia, United States.
By participating in the Virtual Storefronts by Uspace Affiliate Program, you agree to abide by the above terms and conditions. The Company reserves the right to modify these terms and conditions at any time without notice.
Addendum I: Partner Storefronts
Partner Storefronts are a key component of the Affiliate Partner Program for Virtual Storefronts By Uspace. This section outlines the terms and conditions related to Partner Storefronts, including pricing, expectations, and renewal discounts.
Partner Storefronts are offered a discount of $100 for the first year subscription.
Any Partner benefiting from a new Partner Storefront is expected to introduce Virtual Storefronts to ten (10) qualified businesses within the first 60 days for referrals.
Discounts for the annual renewal of Partner Storefronts are determined based on the number of Storefronts sold. The following parameters apply:
- 1-10 Storefronts sold: Partners who sell between 1 and 10 Storefronts will receive a $50 discount on their annual renewal fee.
- 11-20 Storefronts sold: Partners who sell between 11 and 20 Storefronts will receive a $100 discount on their annual renewal fee.
- 21 or more Storefronts sold: Partners who sell 21 or more Storefronts will be eligible for a free annual renewal.
These discounts are calculated based on the total number of Partner Storefronts sold throughout the year. Partners are encouraged to actively promote Virtual Storefronts and maximize their sales to benefit from these renewal discounts.