Terms and Conditions

SITE TERMS OF USE

You may use the Virtually EverCrafting website (singly or collectively, the “Site) and the information herein (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about the products and services provided by Virtually EverCrafting. No right, title or interest in any Content is transferred to you. New York City Photo Safari retains the full intellectual property rights to all Content. You may not use, copy, distribute, alter, transmit, or derive any other work from any Content obtained from the Site or the Service.

Copyright & Trademarks
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Virtually EverCrafting. And all copyrights and trademarks in the Content are owned by Virtually EverCrafting.

Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from Virtually EverCrafting.

Links to Third-Party Web Sites
Links on the Site to third party websites or information are provided for your reference only. These links do not constitute or imply an endorsement, sponsorship, or recommendation by Virtually EverCrafting of the third party or their website, or the information contained therein. Virtually EverCrafting is not responsible or liable for any such website or the content therein. If you use the links to the websites of Virtually EverCrafting affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web subsequent sites.

Donation Requests
Virtually EverCrafting reserves the right to deny or accept any donation requests or application for any and all reasons without explanation. Applications may or may not receive any further notification of receipt, acceptance or denial. Any donated gift certificate issued by Virtually EverCrafting to Not For Profit applicant must be used for the sole purpose of assisting the organization in fund raising and is only transferable to a person or persons who have made a monetary contribution to the organization. Donated gift certificates transferred to an individual with unsubstantial or no monetary benefit to the Not For Profit organization is considered fraud; in the event of fraud the gift certificate will be rendered null and void and the matter will be referred to the local district attorney. Gift certificates are only valid upon completion of the stated event and are null and void if the event is cancelled for any reason. Requesting organization also agrees to supply Virtually EverCrafting with publicity (such as but not limited to mentions at the event or website links, etc) as applicant indicates on the application. Virtually EverCrafting gift certificate donations have no cash value and may not be redeemed for cash or merchandise. No extensions are offered for any gift certificate donations. Virtually EverCrafting reserves the right to revoke any donated gift certificate for any and all reasons without explanation. Lost or misplaced gift certificates will not be reissued.

Your privacy
This website uses (but not limited to) cookies, tracking technologies and other tracking pixels. Data files (also known as cookies) are served by our platform and third party platforms and stored on your device. These cookies are left on your device for the purposes of (but not limited to) to operating and personalizing the website. Cookies may also be used to track how you use the site to target ads to you on other websites.

'Personal data' means any information relating to an identified or identifiable natural person ('data subject'). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, cultural, economic or social identity of that natural person.

Virtually EverCrafting obtains personal data from you including your name, email address, postal address and telephone number when you voluntarily enter this information on an any form on this website. You acknowledge that you are voluntarily entering this information and accept these terms.

Virtually EverCrafting may share your personal data with the following recipients: Virtually EverCrafting, The Urban Beader, and KieuPhamGray employees for their internal purposes and to send you email newsletters and marketing and other communications, for which we otherwise have obtained your consent. Virtually EverCrafting's analytics partners such as Google Universal Analytics, Google Analytics Demographics and Interest Reporting, DoubleClick for Publishers and others. Podcast producers. With public authorities when required by law and to comply with legal or regulatory obligations. With other parties if the information is anonymous and aggregate. With other parties if we have disclosed such sharing to you at the time of collection of the information or if we otherwise have your consent. In the event Virtually EverCrafting is sold to a third party you consent to the transfer of your data to the new owners and you relinquish all current employees of any responsibility for this data.

Lawful Basis for the Processing of Personal Data: Data analytics Managing user accounts Operating, modifying and improving the our services Identifying usage trends Customizing content and user experience Web hosting Direct marketing To determine the effectiveness of promotional campaigns and sponsorship messaging To serve promotional and sponsorship messages based on user behavior and preferences. Responding to user questions and requests for information Comply with laws and regulations and enforce Virtually EverCrafting's Terms of Use and other legal rights. Consent: We process personal data based on your consent to send personalized messages from Virtually EverCrafting and Virtually EverCrafting's sponsors (interest based messages or sponsorship), to collect precise location information and to send promotional emails. If you do not consent to the processing, you may stop using the site or click the "Unsubscribe" link at the bottom of any email from Virtually EverCrafting. Please note that all processing of your personal data will cease once you have withdrawn consent but this will not affect any personal data that has already been processed.

Retention
Your personal data is retained no longer than is reasonably necessary to perform the processing described in this Notice and in case of any legal claims or complaints, or as required by law.

Your Rights Subject to exemptions under applicable law (which may include, depending on the circumstances, U.S. law protecting the rights to free speech and free press or EU law protecting the rights to freedom of expression or information), you have the following rights with respect to your personal data:

To request a copy of your personal data held by Virtually EverCrafting; To request that Virtually EverCrafting provide you access to and/or rectify personal data that is inaccurate or out of date; To request erasure of your personal data where it is no longer necessary for Virtually EverCrafting to retain it; If you have consented to processing, you have the right to withdraw consent at any time; You may exercise these rights by contacting Virtually EverCrafting at info @ virtuallyevercrafting.com providing the email address you originally entered on the site, and stating your specific request in writing. Virtually EverCrafting reserves the right to verify your identity and confirm your right to the information. The following options are also available:

To withdraw consent to marketing emails or email newsletters, click the "unsubscribe" link on the bottom of the email. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as information about changes to our Terms of Use or this Notice). To prevent your data from being used by Google Analytics, click here for the Google Universal Analytics opt-out browser add-on: https://tools.google.com/dlpage/gaoptout. To learn more about how Google uses data, visit www.google.com/policies/privacy/partners/.

Linking to this Site
You may not iframe or link to the validator.html page on any webpage or website. If you wish to link to this site please use a direct link.

Disclaimer of Warranties
Virtually EverCrafting does not make any expressed or implied representations, warranties or endorsements with respect to the contents of this site or service herein. Virtually EverCrafting disclaims all warranties expressed or implied, including but not limited to fitness for any particular purposes or use. Virtually EverCrafting does not warrant the functions available on the site will be uninterrupted, timely, secure or error free; or that mistakes in the site or the services will be corrected by Virtually EverCrafting.

Limitation of Liability
Virtually EverCrafting will not be liable for any damages, including, but not limited to any direct or indirect damages resulting from (a.) the use or inability to use the site, or content, (b.) any claim attributable to errors, omissions, or other inaccuracies in the Content, and / or Service (c.) if you are dissatisfied with the Site or Content or the Terms of Use, your only remedy is to discontinue using the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In these locations, Virtually EverCrafting's liability is limited and warranties are excluded to the greatest extent permitted by law, but shall not exceed $100 USD.

Miscellaneous
By submitting your personal information on the Site you agree to receive emails from Virtually EverCrafting with information about, but not limited to, upcoming photo tours and photography workshops and other offers that we think may interest you. You will be given the opportunity to unsubscribe on every email that we send.

Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Virtually EverCrafting, and it’s affiliates from and against all claims, losses, expenses, and costs (including, but not limited to, direct, incidental, consequential, and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement. By visiting this site you agree to these terms.

These terms may be changed without notice.

 

VIRTUALLY EVERCRAFTING TERMS & CONDITIONS

I. Definitions: This agreement is by and between VirtuallyEverCrafting, (“VEC”) and the Participating party, (“Participant”, "Registrant", "Purchaser", “Student” and/or "Buyer", named on the electronic registration). VEC's relationship with Participant is that of an independent contractor. “Instructor” or “Teacher” refers person or persons leading and/or teaching a class.

i. VEC is not responsible for Participant “no show” due to acts of God, internet disruption on the part of the participant, medical emergency, etc. Participants who decide to leave a VEC session already in progress, for any reason, will not result in a full or partial refund. Joining a VEC session late will also not result in a full or partial refund.

ii. If a class is canceled by VEC for any reason, Participant shall be entitled to a full refund or a full credit towards another session. We reserve the right to make changes to any itinerary whenever, in our judgment, if we deem it necessary for the convenience of the instructor due to but not limited to internet disruptions.

iii. VEC may change the platform or schedule of a session due to any conditions outside the control of VEC. Every reasonable effort will be made to conduct sessions as planned, but alterations may still occur after final schedules are sent.

iv. All credits must be used within three (3) months from the date the original class was scheduled.

II. Use of Likeness: During a VEC session the Instructor or other persons may photograph and/or video Participant. Participant acknowledges that VEC has the absolute and irrevocable right and unrestricted permission concerning any photographs that is taken of participant or in which Participant may be included with others, to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including but not limited to the internet, and for any purpose whatsoever, specifically including but not limited to illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use your name in connection with any use if VEC so chooses. Participant releases and discharges VEC from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy.

III. Miscellaneous: VEC makes every attempt to provide Participants with a safe and worthwhile experience. VEC, their employees, subcontractors and/or suppliers act only as agents for the Participant including but not limited to, photography, instruction, and all other services. VEC is not responsible for injury, accident or delay which may occur by defect or default or any other cause through the acts of any company or individual conveying the Participant or carrying out any aspect of a session. All such losses or expenses are the responsibility of the Participant.

IV. Modifications Governing Laws and Miscellaneous: This Agreement sets forth the entire understanding and agreement between VEC and Participant regarding the session and may be modified without notice. This Agreement supersedes any and all other prior representations and agreements regarding a Class(es) and/or the Material(s), whether written or verbal. Neither VEC nor Participant shall be bound by any purchase order, term, condition, representation, warranty, or provision other than expressly stated in this Agreement. No waiver or modifications may be made to any term or condition contained in this Agreement unless in writing and signed by Instructor or VEC. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. Any objections to the terms of this Agreement must be made in writing and delivered to VEC by Participant or Participant's representative prior to commencement of a class, or this Agreement shall be binding. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the state of VEC's principal place of business, excluding the conflict of laws and rules in the state of VEC’s principal place of business. All paragraph captions are for reference only, and shall not be considered in construing this Agreement. This Agreement shall be construed in accordance with its terms and shall not be construed more favorable for or more strongly against VEC or Participant. This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid, stricken by court or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable to the extent practicable.

ALL PAGES AND MATERIALS DISPLAYED ON THIS PAGE ARE COPYRIGHTED. © 2020-2021 Virtually EverCrafting. ALL RIGHTS RESERVED. ALL NAMES AND LOGOS ARE REGISTERED TRADEMARKS.