Last updated 06-01-2017.
Agreement (VEN-UE Artist Agreement)
VEN-UE INTERNATIONAL CORP., a Delaware Corporation, (“VEN-UE” or “we”) is a streaming and digital performance platform consisting of Web sites, services, software applications, and embeddable players.
VEN-UE reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms at any time by posting amended terms to the Terms. VEN-UE will attempt to notify you when material changes are made to the Terms. Please check the Terms periodically for changes. Your continued use of VEN-UE after the posting of changes constitutes your binding acceptance of such changes.
Children. The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. BY USING VEN-UE SERVICES, YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE. VEN-UE does not seek through VEN-UE Services to gather personal information from or about children under the age of 13.
Suspension of user privileges. VEN-UE is not available to any users previously suspended or removed from VEN-UE by VEN-UE. BY USING VEN-UE, YOU REPRESENT THAT YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM VEN-UE.
OWNERSHIP OF MATERIALS AND LIMITED LICENSE
The data and materials on VEN-UE, except the User Content (defined below), including, without limitation, text, graphics, interactive features, logos, photos, music, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of VEN-UE (collectively “VEN-UE Materials”) are the intellectual property of VEN-UE, its licensors and its suppliers. VEN-UE Materials are protected by trade dress and other laws, international conventions and proprietary rights, and all ownership rights to VEN-UE Materials remain with VEN-UE, its licensors, or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to VEN-UE or its affiliates and/or third-party licensors. Except as expressly authorized by VEN-UE, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of VEN-UE Materials. If, with authorization, you download or print a copy of VEN-UE Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. VEN-UE reserves all rights not expressly granted in and to VEN-UE and VEN-UE Materials.
DIGITAL MILLENNIUM COPYRIGHT ACT
It is VEN-UE's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). VEN-UE will promptly terminate without notice any User's access to VEN-UE if that User is determined by VEN-UE to be a repeat infringer.
If you are a copyright owner or an authorized agent thereof (the “Copyright Owner”) and believe that any content on VEN-UE infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the DMCA.
This notification of claimed infringement must be a written communication provided to the designated agent of VEN-UE that includes the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VEN-UE to locate the material.
VEN-UE SERVICE LICENSE GRANT
VEN-UE enables (a) certain users referred to herein as “Artists” to distribute and display streaming live videos (“VEN-UE Events”) and to distribute, post and display textual and photographic comments (“Artist Information”) and personally identifiable information commonly known as “name and likeness” (“Artist Name and Likeness”) and (b) certain users referred to herein as “Fans” to view VEN-UE events and create textual and photographic comments (“Fan Participation”). For the avoidance of doubt, Artists and Fans do not refer to different types of users; rather, the terms refer to the activity engaged in by users. VEN-UE events, Artist Information, Artist Name and Likeness, Fan Participation together with all other text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials submitted, displayed, published, posted or transmitted through or on VEN-UE by Artists and Fans are collectively referred to as “User Content.”
If you sign up for user account, subject to your compliance with the terms and conditions set out in the Terms, VEN-UE hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use VEN-UE for the distributing of User Content.
User Content is streamed, stored, and distributed at your own risk. Notwithstanding any obligations hereunder of VEN-UE to protect User Content, VEN-UE cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will VEN-UE be liable for any copying or usage of the User Content not authorized by VEN-UE.
ARTIST CONTENT LICENSE GRANTS, REPRESENTATIONS, AND WARRANTIES
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that: (A) you are the creator and owner of and to authorize VEN-UE and all Users to use your User Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by VEN-UE, the Terms and the Artist Agreement;
(B) your User Content does not and will not: (1) 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 or (2) slander, defame, or libel any other person; (3) contain any viruses, adware, spyware, worms, or other malicious code.
You retain all of your ownership rights in your User Content. However, through distributing or disseminating User Content through VEN-UE, grant to VEN-UE and its successor a perpetual worldwide, non-exclusive, freely transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, create derivative works, distribute, compress or convert for streaming, and otherwise exploit your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with services offered or to be offered by VEN-UE. Such license will apply to any form, media, or technology now known or hereafter developed. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your User Content in proximity with or in connection with any third party content.
VEN-UE may rely on advertisers to help fund VEN-UE. You agree that VEN-UE may display advertisements and promotions of all kinds in and with VEN-UE. You understand that VEN-UE may have agreements with web sites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by VEN-UE related to such advertisements or promotions. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with VEN-UE.
VEN-UE will always have the right to use and display your name and likeness for advertising, publicizing, and exploiting VEN-UE and VEN-UE.
By distributing or disseminating User Content through VEN-UE, you hereby grant to each user of VEN-UE that is authorized to access your User Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your User Content.
FAN USE OF ARTISTS’ USER CONTENT ON VEN-UE
You understand that when using VEN-UE, you will be exposed to User Content from a variety of sources, and that VEN-UE is not responsible for the accuracy, usefulness, safety, or intellectual property rights (except as otherwise explicitly stated) of or relating to such User Content or other content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VEN-UE with respect thereto. VEN-UE does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and VEN-UE expressly disclaims any and all liability in connection with the User Content.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST VEN-UE WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD VEN-UE, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO USER CONTENT AND YOUR USE OF VEN-UE.
User Content is made available to you for your information and personal use solely as intended through the normal functionality of VEN-UE. User Content is made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of VEN-UE or otherwise as prohibited under the Terms. You may access User Content for your information and personal use solely as intended through the provided functionality of VEN-UE.
You agree not to circumvent, disable or otherwise interfere with security-related features of VEN-UE or features that prevent or restrict use or copying of any User Content or enforce limitations on use of VEN-UE or the User Content therein.
You understand that all purchases of Tickets and/or of any other virtual or tangible items sold on through VEN-UE are final and non-refundable, except, in our sole and absolute discretion and are a limited license to view VEN-UE events and VODs.
Rights of Fans regarding Events. Fans have the right to expect that VEN-UE is a professional place to engage and transact with Artists and that Events posted on VEN-UE are genuine, respectful, legal, and in compliance with the Terms. As such, all artists must honor the following policies:
Event description and terms are complete, accurate and not misleading.
Artists are who they say they are.
Fulfillment of events will be made in a timely manner and as described in the terms of the event.
Events will occur at the time, location, and in the manner described in the terms of the event.
Any restrictions, safety notices, or special requirements will be disclosed in the terms of the event.
Artists will deal fairly and honestly with fans and generally be good VEN-UE performers.
Artists must follow these policies. If you believe that an artist is not following these policies, please send an e-mail to support@VEN-UE.com.
DISPUTES BETWEEN ARTISTS AND FANS OR ARTISTS AND THIRD PARTIES
VEN-UE encourages all users to seek appropriate legal counsel, and/or a certified mediation or arbitration entity.
VEN-UE has no obligation to resolve disputes between users or between users and third parties. However, VEN-UE may, for the benefit of users, try to help users resolve disputes. VEN-UE does so in VEN-UE’s sole discretion. If and to the extent that VEN-UE attempts to resolve a dispute, VEN-UE will do so in good faith based solely on VEN-UE’s policies and will not make judgments regarding legal issues or claims. VEN-UE shall not be liable for the results of any such dispute and all users hereby release VEN-UE forever and completely from any and all claims arising from any user-to-user dispute, whether or not VEN-UE tries to help such users reach a resolution.
PERMISSION FOR USE OF COPYRIGHTED MATERIAL ON VEN-UE
For questions regarding the use of copyrighted materials (for example, photographs, lyrics, or video), please email us at email@example.com and include:
1. Title, if available
2. Recording or publishing date, if available
3. Copyright holder, if applicable
4. Specific image, images, or material for which you are seeking permission
5. Your deadline
Purchases. By purchasing Tickets through VEN-UE, you are purchasing a limited, non-transferable, revocable license to view a VEN-UE Event or VOD. The license represented by the ticket may be terminated immediately if your account is terminated for any reason, in VEN-UE’s sole and absolute discretion, or if VEN-UE discontinues providing services. Any attempt to sell or transfer Tickets, except as expressly permitted by VEN-UE, will result in an automatic termination of such license.
Artists are solely responsible for fulfilling all performance obligations for events they have listed and for which tickets have been sold on VEN-UE. VEN-UE is not responsible for, and shall have no liability in connection with the performance of any event purchased on VEN-UE.
VEN-UE does not pre-screen Artists or review events after they are listed. However, VEN-UE reserves the right to remove events and VODs at any time and for any reason. If you have a compliant or concern about an Artist, Event, or VOD, please send an email to support@VEN-UE.com.
Refund Policy. If an Artist does not or cannot perform an event for which tickets have been sold, all fans who have bought tickets will receive credit equal to their purchase price for another scheduled event.
If a fan cancels a purchase 24 hours before the Start Time for an Event, the fan will receive a refund of the full purchase price. If a fan cancels a purchase fewer than 24 hours before the start time, VEN-UE will not provide a refund.
BY USING VEN-UE YOU AGREE NOT TO:
Use VEN-UE for any purposes other than to disseminate or receive original content and/or to access VEN-UE as such services are offered by VEN-UE.
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials.
Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content.
Assume a misleading or false identity in connection with your User Content.
Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically offensive, or otherwise inappropriate.
Post, upload, or distribute any programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access VEN-UE accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via VEN-UE, or perform any other similar fraudulent activity.
Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of VEN-UE. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Use of VEN-UE for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
Defame, harass, abuse, threaten or defraud Users of VEN-UE, or collect, or attempt to collect, personal information about Users or third parties without their consent.
Remove, circumvent, disable, damage or otherwise interfere with security-related features of VEN-UE or User Content, features that prevent or restrict use or copying of any content accessible through VEN-UE, or features that enforce limitations on the use of VEN-UE or User Content.
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of VEN-UE or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Modify, adapt, translate or create derivative works based upon VEN-UE or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Intentionally interfere with or damage operation of VEN-UE or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Relay email from a third party's mail servers without the permission of that third party.
Use any robot, spider, scraper, or other automated means to access VEN-UE for any purpose or bypass any measures VEN-UE may use to prevent or restrict access to VEN-UE.
Manipulate identifiers in order to disguise the origin of any User Content transmitted through VEN-UE; or interfere with or disrupt VEN-UE or servers or networks connected to VEN-UE, or disobey any requirements, procedures, policies or regulations of networks connected to VEN-UE.
Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way that affects the ability of other people to engage in real time activities via VEN-UE.
When you use VEN-UE to upload and/or download or purchase content or products, services, or information from VEN-UE, you may be asked to provide a password. You are solely 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. You agree that the information you provide to VEN-UE on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify VEN-UE. You may be liable for the losses incurred by VEN-UE or others due to any unauthorized use of your VEN-UE Service account.
If you use or open an Artist account on VEN-UE on behalf of a company, entity, or organization (including, but not limited to, a band), you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such entity.
THIRD-PARTY LINKS, SITES, PRODUCTS, AND SERVICES
VEN-UE may include links or references to other Web sites or services to Users (“Third-Party Sites”). VEN-UE does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Reference Sites.
In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through VEN-UE are solely between you and such Third Party. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites is solely at your own risk.
VIOLATIONS OF TERMS AND TERMINATION OF ACCOUNTS
You agree that VEN-UE, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with VEN-UE or your use of VEN-UE and remove and discard all or any part of your account, backstage, and any User Content, at any time. VEN-UE may also in its sole discretion and at any time discontinue providing access to VEN-UE, or any part thereof, with or without notice. You agree that any termination of your access to VEN-UE or any account you may have or portion thereof may be effected without prior notice, and you agree that VEN-UE will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies VEN-UE may have at law or in equity.
Your only remedy with respect to any dissatisfaction with VEN-UE, any term of the Terms, any policy or practice of VEN-UE in operating VEN-UE, or any content or information transmitted through VEN-UE, is to terminate the Terms and your account. You may terminate the Terms at any time by discontinuing use of any and all parts of VEN-UE.
You agree to indemnify, save, and hold VEN-UE, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of VEN-UE, any violation by you of the Terms, or any breach of the representations, warranties, and covenants made by you herein. VEN-UE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify VEN-UE, and you agree to cooperate with VEN-UE's defense of these claims. VEN-UE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
DISCLAIMERS, NO WARRANTIES
No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VEN-UE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VEN-UE OR THROUGH VEN-UE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION XIV, THE TERM VEN-UE INCLUDES VEN-UE'S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, LICENSORS, AND SUBCONTRACTORS.
“As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT THE USE OF VEN-UE IS AT YOUR SOLE RISK. VEN-UE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING USER CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH VEN-UE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Service Operation and User Content. VEN-UE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH VEN-UE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy. VEN-UE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF VEN-UE’S OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH VEN-UE’S OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Uploaded Content. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY VEN-UE HEREIN ARE WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Internet Interruption and Web Site Contamination. VEN-UE IS NOT RESPONSIBLE TO USER FOR ANY INTERRUPTION OF ACCESS TO VEN-UE WEB SITE FOR ANY REASON, OR FOR CONTAMINATION, VIRUS, OR INFECTION THAT CAUSES DAMAGES TO USER’S CONTENT UPLOADED ONTO VEN-UE WEB SITE. VEN-UE IS NOT RESPONSIBLE FOR ANY LOSS OF REVENUE OR GOODWILL TO USER DUE TO ANY INTERRUPTION OR CONTAMINATION OR DUE TO ANY OTHER REASON, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO USER’S REPUTATION THAT MAY RESULT.
LIMITATION OF LIABILITY AND DAMAGES
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL VEN-UE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT) ON VEN-UE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH VEN-UE, EVEN IF VEN-UE OR A VEN-UE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages. IN NO EVENT WILL VEN-UE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF VEN-UE OR YOUR INTERACTION WITH OTHER VEN-UE SERVICES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING VEN-UE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Third Party Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THID PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN VEN-UE AND RECEIVED THROUGH OR ADVERTISED ON VEN-UE OR RECEIVED THROUGH ANY REFERENCE SITES.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT VEN-UE HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND VEN-UE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND VEN-UE. VEN-UE WOULD NOT BE ABLE TO PROVIDE VEN-UE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
UNITED STATES EXPORT CONTROLS
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under the Terms are contingent on your compliance with this provision.
Notice. VEN-UE may provide you with notices by email, regular mail or postings on VEN-UE. Notice will be deemed given twenty-four hours after email is sent, unless VEN-UE is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through VEN-UE. In such case, notice will be deemed given three days after the date of mailing. Notice posted on VEN-UE is deemed given 24 hours following the initial posting. Notwithstanding the foregoing, your continued use of VEN-UE after the posting of any changes to the Terms constitutes your binding acceptance of such changes.
Prevention of Unauthorized Use. VEN-UE reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of VEN-UE, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Waiver. The failure of VEN-UE to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by VEN-UE.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or VEN-UE will be filed only in the state or federal courts in and for Maryland, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. The terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VEN-UE without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
Survival. Upon termination of the Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
Claims. YOU AND VEN-UE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO VEN-UE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. Our services are offered by VEN-UE INTERNATIONAL, CORP. Please email firstname.lastname@example.org with any inquiries.
Copyright © 2017 VEN-UE INTERNATIONAL, CORP. All rights reserved.