Venby PRIVACY POLICY

Last updated 08/19/2019

I. Introduction

This Privacy Policy is intended to help you make informed decision regarding your use of the Venby Service. This Privacy Policy is part of Venby’ Terms of Service, and capitalized terms used here have the same meaning as defined in the Terms of Service. In addition, terms like “we”, “us”, and “our” will refer to Venby LLC, while “you” will, of course, refer to you.

You can reach Venby regarding any privacy questions you may have at:

Venby LLC
Attn: Privacy
privacy@Videogoods.co

This Privacy Policy will help you answer the following questions:

What information do we collect and how do we use it?
Will we share your personal information?
What security measures do we take to safeguard your personal information?
What choices do you have about the collection and use of your personal information?

II. Acceptance

By accessing or using the Venby Service, including the Venby Site, you consent to Venby’s collection, use, storage, and disclosure of information related to you as described in this Privacy Policy. If you do not agree with this Privacy Policy, which is part of the Terms of Service, you must not use the Venby Service or access the Venby Site. This Privacy Policy is effective and current as of the date set forth at the top of this page and only applies to the Venby Service and not to any other third party website that you may access from the Venby Service.

III. Information We Collect

A. Registration and Your Account

Venby collects personal information about you when you sign up for a Venby Account. Personal information means information that may be used to contact you such as your email, phone numbers, addresses, name, date of birth, gender, and billing information. We may receive and store any information you provide to us when you sign up for an Venby Account, use your Venby Account, submit a comment or survey, communicate with us, or otherwise interact with us. If you sign up for your Venby Account using Facebook, Venby will interact with your Facebook account and will receive information about you from Facebook pursuant to your Facebook’s privacy settings and permissions and Facebook’s privacy policy. Your activity on Facebook is governed by Facebook’s privacy policy and not Venby’s. Venby may generate and push notifications to your Facebook news feed and friends depending on your Facebook permission settings.

B. Cookies

Like many websites, we employ “cookies” in certain areas of the Venby Site to allow us to make your online experience more convenient. Cookies are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Each user is assigned a “cookie ID.” We use cookies, including your cookie ID to store your login identity and password and automatically populate the login fields for you when you re-access the Venby Site, to monitor irregular account behavior and protect against abuse, and to generate and compile anonymous, aggregated statistics that allow us to understand how users navigate our site and to help us improve it. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, if you do this, it may disable parts of the Venby Service.

C. Venby Site Activity

Venby collects information about your usage of the Venby service and communications you have with us. This information includes the specific of media you stream, where you stream from, what software applications you may be streaming through, length of streams, your activity and interactions on the Venby Site, and downloads you purchase. It also includes information about IP addresses from which you access the Venby Service and websites that may link-to or embed the Venby Embeddable Player.

D. Customer Support and Communications with Us

Venby retains customer service inquiries and all other communication you may have directly with us. We only use information collected in customer support requests to assist our users and better the Venby Service. However, please do not put sensitive information (for example: credit card numbers) in your communications with us.

E. Special Note Regarding Minors and Children

All individuals under the age of 18 must have an appropriate parent or guardian’s consent prior to accessing the Venby Site. Minors under 18 may not submit any personally identifiable information to us, and if we discover that we inadvertently gathered any such information from a child under 18, we will take appropriate steps to delete it. We urge parents to regularly monitor and supervise their children’s on-line activities. We do not accept information from children that are 13 years of age or younger and we will take steps to remove any information that has been inadvertently collected from such children.

F. Aggregated Research Data

Venby may use aggregated, anonymous statistical information collected from online surveys, online reviews, third party analytic companies (for example: Google Analytics), and user’s interactivity with the Venby Service to further our business. We may share this information with our partners and advertisers. However, such aggregated, anonymous statistical information does not include personally identifiable information about you or any other individual.

IV. Our Use of Your Information

A. Reporting, Monitoring, and Contacting

One of the most important ways we use information is to track usage of Venby Content so that can report on and pay royalties to our licensing partners. Venby also uses the information that you provide to us upon registration or through Facebook to provide, improve, and personalize the Venby Service. Similarly, we use the information we collect from our user’s interaction with the Venby Service to monitor and analyze trends on how the Venby Service is being used and how we can improve it.

Occasionally, we will use information you provide to contact you about important notifications such as, confirmation of your Venby Account and any changes thereto as well as purchases you make through the Venby Service. We will also contact you in reply to any communications you send to us, such as support requests and customer inquiries.

We will use your information to send you emails, newsletters, internal messages, and notifications for the purpose of keeping you updated about (i) the Venby Service in general, (ii) the media available on, or through, the Venby Service, (iii) interactions you have with other users, and (iv) the features and functionality of the Venby Service (which includes information on software updates). Also, we may ask you to participate in surveys to improve the Venby Service. You may unsubscribe from certain Venby communications in your Venby Account settings or by following the unsubscribe link in certain emails we send you.

B. Sharing Your Information

We do not sell you email address or other personal information. We do however share some aggregate, anonymous statistical data about our users to potential advertisers, affiliates, and partners.

Venby sometimes works with independent service providers to manage parts of Venby Service (for example, hosting our servers and processing payments). These independent service providers may have a need to handle and store your information in order provide their services. Venby requires any independent service provider that has a need to handle your information to maintain reasonable security measures and to not use your information for any other reason to than provide their service to Venby.

Finally, we will share information that is legally required of us or as you otherwise permit.

V. Storage of Your Information and Opting Out

A. Storage and Transmission

Protecting the security of your personal information is very important to us. When you enter sensitive information such as a credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (sometimes referred to as “SSL”) and HTTPS protocol. We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. Servers that store your information are in a secure and monitored building with multiple levels of physical and electronic security measures. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we do not guarantee absolute security. We are not responsible for the unauthorized acts of others and we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access (such as through hacking) or other acts of third parties, or acts or omissions beyond our reasonable control.

B. Opting Out

You may opt out of direct marketing communications from us by clicking on the specific link in any marketing email communication or by changing your communication settings in your Venby Account. You may not opt out of certain communications such as account and purchase communications that are necessary for us to provide the Venby Service.

You may control certain information that Venby publishes to your Facebook news feed, or otherwise limit the way Venby interacts with your Facebook account by changing your application setting in Facebook.

VI. Users Outside the United States

The Venby Service is hosted in and made available to the United States. If you are a user accessing the Venby Service from any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Venby Service, which is governed by U.S. law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you hereby consent to the transfer of such information outside of the country where you are located. For the avoidance of doubt, any information we or you may share with Facebook will be transmitted to and stored by Facebook on servers in the United States.

VII. Updates to this Privacy Policy

This Privacy Policy may be revised periodically and this will be reflected by the date above. You should periodically review and revisit this Privacy Policy to ensure you are familiar with and accepting of its contents. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received the personal information you provided. Your continued use of the Venby Service constitutes your agreement to this Privacy Policy and any future revisions.

[VIII. European Commission’s Directive on Data Protection – Safe Harbor

Venby adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission’s Directive on Data Protection. For more information, please visit http://www.export.gov/safeharbor

IX. Mediation

A. Outside the European Union

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and Venby will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Denver, Colorado with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

B. Dispute Resolution for Residents of the European Union

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction.]

Venby Terms of Service

Last updated 11/14/2018

I. Introduction and Acceptance

Welcome to Venby, The Venby website is located at videogoods.co (the “Venby Site”). You may also access Venby through Venby’s mobile software applications and embedded links on other websites.

These Terms of Service (“Terms of Service”) set forth a binding agreement between you and Venby and govern your access and use of the Venby Service. If you do not agree to these Terms of Service, then you must not access or use the services made available by Venby.

In these Terms of Service, “Venby” refers to Venby LLC, a Colorado limited liability company. These Terms of Service are governed by the laws of the United States. You agree to these Terms of Service by accessing and using the Venby Service (which is defined in the next sentence) and when you sign up for a Venby user account (a “Venby Account”). As used in these Terms of Service, the “Venby Service” shall mean any of the services made available to users who have a Venby Account including, but not limited to, the streaming of multimedia recordings, the Venby “Embeddable Player,” and the purchase of digital content downloads, such as sound and multimedia recordings.

II. The Venby Service

A. Streaming

Venby is a licensed service and allows you to stream videos through your web browser, compatible mobile devices and Venby software applications. You may embed and share this content through email or your social application accounts. All video content on Venby is displayed pursuant to licenses with the content owners and as such some content may not always be available. Standard data and usage charges may apply if you access the Venby Service through a mobile carrier network. Remember to check with your mobile carrier service regarding the terms of your individual usage plan.

B. Right to Access and Abuse Policy

Venby reserves the right to manage the Venby Service in a manner that it believes best benefits its users and best enables it to maintain the Venby Service. The Venby Service is for your own personal, non-commercial use. Accordingly, Venby may monitor the Venby Service for usage patterns, such as abnormally high stream numbers over a short amount of time that are not consistent with normal, personal use. Venby reserves the right to discontinue all or a portion of the Venby Service, or block access to the Venby Service, for any person that Venby determines is using the Venby Service in a way that is not consistent with normal, personal use. For example, you should not use Venby as a media player in your commercial establishment or other public space. Also, you should also not allow unauthorized software applications, like content downloaders and file rippers, to use the Venby Service.

III. Venby Accounts

A. Registration

In order to access some features of the Venby Services, you will have to create a Venby Account by registering with Venby or by logging on through your Facebook account. You may never use another’s Venby Account without their permission. When creating your Venby Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Venby Account and you must notify Venby immediately if a there is any breach of security or any unauthorized use of your account.

B. Privacy

Venby respects the privacy of its users, please review our [VideoGoods.co/privacy], which is incorporated into these Terms of Service by this reference. All information about you, including your registration information and any information obtained by Venby as a result of your Facebook login and permissions is stored and transmitted in a way that is subject to Venby’s Privacy Policy. Should you have any questions regarding your privacy and Venby please email: [privacy@VideoGoods.co]

C. Accounts

Content owners, creators, and distributors may sign up for Venby “Accounts.” These Accounts will allow you to upload, stream, and sell content you own or control through the Venby Service. Artist Accounts will enter into a separate licensing agreement with Venby that will set forth payment and usage terms for the appropriate content. If you are interested in creating an Account and licensing your content with Venby, please email: [support@VideoGoods.co]

IV. Limited License and Restrictions

A. License

Venby grants to you a limited, non-exclusive, and non-assignable license to access and use the Venby Services for your personal use. This limited license does not transfer any rights of ownership of Venby software, content or other intellectual property to you. Further, you agree: (i) not to distribute, in any medium, any part of the Venby Service, including but not limited to User Submissions (defined below), without Venby’s prior written authorization; (ii) not to alter or modify Venby’s Embeddable Player, any part of the Venby Site, or any of Venby’s related technologies; (iii) not to access User Submissions or the Venby Service through any technology or means other than the media playback pages of the website itself, the Venby Embeddable Player, or other explicitly authorized means Venby may designate; and (iv) not to use the Venby Site, Venby Content (defined below), or Embeddable Player for any commercial use, without the prior written authorization of Venby.

B. Embedding the Venby Player

For clarity, embedding the Venby Embeddable Player on an ad-enabled blog or website will not be considered a prohibited commercial use provided that the primary purpose of such use is not to compete with Venby. However, if you use the Embeddable Player on your website, you must include a prominent link back to the Venby Site on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

C. No Bots, Scrapers, or Automated Systems

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Venby Site in a manner that sends more request messages to the Venby servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Venby grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. You agree not to scrape, collect or harvest any user, content, or account information, including account names, from the Venby Site without the express consent of Venby. You agree not to use the communication systems provided by Venby’s website for any commercial solicitation purposes and you agree not to solicit, for commercial purposes, any users of the Venby Site. You agree not to use the Venby Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Venby.

V. Your Use of Content on the Website

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Venby Site. The content on the Venby Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Venby, subject to copyright and other intellectual property rights under the law. Content and User Submissions provided via the Venby Service are provided to you “as is” for your information and personal use only and may not be downloaded (except through valid purchases), copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Venby reserves all rights not expressly granted in and to the Venby Service and its Content.

VI. User Submissions and Conduct

A. As a Venby Account holder you may submit comments, images, and certain files to the Venby Service which will be associated with your user profile and Venby Account (“User Submissions”). You understand that whether or not such User Submissions are published, Venby does not guarantee any confidentiality with respect to any User Submissions. Please choose carefully the messages, images, and files you choose to submit to the Venby Site as Venby will remove User Submissions that infringe upon the rights of others or are offensive or distasteful as decided by Venby in Venby’s sole discretion. Users that violate these Terms of Service may have their Venby Account terminated or may be permanently blocked from accessing the Venby site.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Venby to use all trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Venby’s Site and these Terms of Service.

C. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions you hereby grant each user of the Venby Site a non-exclusive license to access your User Submissions, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Venby Site. If you remove or delete your User Submission, the User Submission may remain accessible until the Venby servers have completed the deletion process. Further, Venby may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you to your User Submissions are perpetual and irrevocable.

D. Venby does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Venby expressly disclaims any and all liability in connection with User Submissions. Venby does not permit copyright infringing activities and infringement of intellectual property rights on the Venby Site, and Venby will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Venby reserves the right to remove Content and User Submissions without prior notice.

E. Venby reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Venby may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

VII. Agreement to Pay

A. You agree to pay for all purchases you make through the Venby Service, and that Venby may charge your credit card as provided by you. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND CHARGES AND FOR PROVIDING Venby WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES AND CHARGES MADE THROUGH YOUR Venby ACCOUNT. All fees and charges will be billed to the credit card that you designate as part of your Venby Account. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online under the billing section of your Venby Account. There may be a temporary disruption to the full functionality of the Venby Service until Venby can verify the validity of the new credit card.

B. Your use of the Venby Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE Venby SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

C. You agree that all purchases made through the Venby Service are non-refundable.

VIII. Digital Millennium Copyright Act

A. Copyright Complaints

If You are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit Venby to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Venby’s designated Copyright Agent to receive notifications of claimed infringement is:

Venby LLC
Attn: Copyright Agent
email: support@VideoGoods.co

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Venby’ customer service through [support@VideoGoods.co].

B. Counter-Notice.

If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Denver, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Venby may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Venby’s sole discretion.

IX. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Venby SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Venby, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Venby SERVICE AND YOUR USE THEREOF. Venby MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Venby SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Venby SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Venby SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Venby SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Venby SERVICE. Venby DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Venby SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Venby WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

X. Limitation of Liability

IN NO EVENT SHALL Venby, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Venby SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Venby SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE Venby SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Venby SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Venby IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Venby SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR OTHER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

XI. Law and Jurisdiction

The Venby Service is controlled and offered by Venby from its facilities in the United States of America. Venby makes no representations that the Venby Services is appropriate or available for use in other locations. Those who access or use the Venby Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. The use of the Venby Services is governed by the laws of the United States and the State of Colorado. You agree that for any dispute arising under these Terms of Service, the proper venue will be the state and Federal courts of Denver County, Colorado.

XII. Indemnity

You agree to defend, indemnify and hold harmless Venby, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Venby Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Venby Service.

XIII. Age Restrictions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13. The Venby site is not intended for children under 13 or minors under the age of 18 without proper consent from a parent or guardian.

XIV. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Venby without restriction.

XV. Changes to Terms of Service

Venby reserves the right to make changes to these Terms of Service and will make reasonable efforts to notify you of such changes by posting any changes on the Venby Site. You agree to be bound by any superseding Terms of Service. You should periodically review the Terms of Service to ensure compliance with the terms and conditions in effect. If changes in the Terms of Service are not acceptable to you, your only recourse is to cease use of the Venby Services. Your continued use of the Venby Service after the posting of a revised Terms of Service constitutes ratification of and your acceptance of any new terms or conditions. This Terms of Service along with the Privacy Policy and any other written agreement between you and Venby represents the entire understanding of your relationship with Venby.