These Terms of Use (“Terms”) govern your access and use of the Vanilla Plaza website (“Site”), a multivendor marketplace operated by The Vanilla Issue. Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Site.
Changes to Terms
The Vanilla Issue reserves the right to modify these Terms at any time, in its sole discretion. Any changes will be posted on this page, and your continued use of the Site following the posting of such changes constitutes your acceptance of the revised Terms.
Eligibility
By using the Site, you represent and warrant that you are at least 18 years old or have the consent of a parent or guardian to use the Site. You also agree to comply with all applicable laws and regulations in connection with your use of the Site.
User Account
To access certain features of the Site and become a vendor, you may be required to create an account. You agree to provide accurate, current, and complete information during the account registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify The Vanilla Issue immediately if you suspect any unauthorized use of your account or any other breach of security.
Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of The Vanilla Issue or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, or create derivative works of any content on the Site without the express written permission of The Vanilla Issue or the respective copyright owner.
License to Use the Site
The Vanilla Issue grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal use or for the purpose of buying or selling products as a registered vendor, subject to these Terms. You agree not to use the Site for any illegal activities or in any way that is unlawful, harms The Vanilla Issue or its affiliates, or violates these Terms.
User Conduct
As a user of the Site, you agree to:
a. Comply with all applicable laws, regulations, and these Terms.
b. Accurately represent and describe the products you offer for sale on the Site.
c. Ensure that any content you post on the Site, including product listings, does not infringe upon the intellectual property rights of others.
d. Not engage in any activity that interferes with or disrupts the functioning of the Site, including but not limited to hacking, spamming, or uploading viruses or other harmful code.
e. Not use the Site to harass, defame, or harm any other person or entity, or to post or transmit any content that is threatening, abusive, hateful, or otherwise inappropriate.
Termination
The Vanilla Issue reserves the right, in its sole discretion, to terminate your access to the Site, without notice, for any reason, including but not limited to, your breach of these Terms or your violation of any applicable law or regulation.
Disclaimer of Warranties
The Site is provided on an “as is” and “as available” basis. The Vanilla Issue disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Vanilla Issue does not warrant that the Site will be uninterrupted, error-free, or completely secure.
Limitation of Liability
In no event shall The Vanilla Issue, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, or goodwill, arising out of or in connection with your use of, or inability to use, the Site, even if The Vanilla Issue has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless The Vanilla Issue, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Australia for the resolution of any disputes arising out of or relating to these Terms or the Site.
Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and The Vanilla Issue’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms, together with any other policies or guidelines posted on the Site, constitute the entire agreement between you and The Vanilla Issue concerning the Site and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and The Vanilla Issue with respect to the Site.
Contact Information
If you have any questions or concerns about these Terms or the Site, please contact us at [email protected].