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Venfino Terms of Use

Terms of Use

Effective Date: December 20, 2009
Last Updated: N/A

TERMS OF USE

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY FUNK THIS ENTERTAINMENT, LLC D/B/A VENFINO ("VENFINO"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY VENFINO, INCLUDING, WITHOUT LIMITATION, THE SITE, WHICH MEANS THAT WEBSITE, THE HOMEPAGE OF WHICH IS IDENTIFIED BY THE URL WWW.VENFINO.COM, AND ANY OTHER PREDECESSOR, SUCCESSOR OR REPLACEMENT WEBSITE, AND ANY OTHER SERVICES, FUNCTIONALITIES, FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY VENFINO IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE"). BY SUBMITTING AN EVENT INQUIRY (AND CONFIRMING YOUR ACCEPTANCE OF THESE TERMS OF USE AS PART OF SUCH PROCESS) OR BY USING OR ACCESSING ANY PORTION OF THE SITE OR SERVICE OR BY BENEFITING FROM THE SERVICE, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE UNCONDITIONALLY AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT DO NOT UNCONDITIONALLY AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SITE OR SERVICE OR BENEFIT FROM THE SERVICE. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO VENUES OR OTHER SERVICE PROVIDERS WHO HAVE AGREED TO ADVERTISE WITH VENFINO.

Acceptance of Terms.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Site by Venfino. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Venfino from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

We reserve the right, in our sole discretion, to restrict your access to part or all of the Site at any time without notification or liability to you or any other person, and for any reason or for no reason at all. While we retain the right to restrict your access to the Site, Venfino shall have no responsibility to exercise it or to moderate disputes between users.

Age Requirements.

The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, and if you are between the ages of 13 and 18, that you have parental permission to enter into this Agreement and to use the Service. Venfino may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

It is the policy of Venfino that the Site is not to be used by children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Modification of Terms of Use.

Venfino reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Venfino may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy and Privacy Settings.

The privacy policy of Venfino is located at http://www.venfino.com/terms/privacy.php (the "Privacy Policy") and is hereby incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please send an email to yourprivacy@venfino.com.

Through the Service, you can upload, submit, disclose, distribute or otherwise post content and information to the Service, including without limitation data, text, personal information, advertisements, descriptions of venues and services, graphics, logos, designs, service names, comments and other types of information ("User Submissions"). Please remember that if you choose to provide personal information, others reading it may use or disclose it to other individuals or entities, as described in the Privacy Policy.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use, and your use of the Site must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You understand that the Service and all Content (as defined below) contained therein (including, without limitation, any User Submissions) are provided only for your own personal use. This means you cannot take Content that you did not create from the Site (for example, the description of your venue that we created specifically for the Site) and repost or redistribute that Content anywhere else, including, without limitation, on your own websites. For purposes of these Terms of Use, the term "Content" includes, without limitation, any videos, audio clips, information, data, text, photographs, software, source code, meta elements, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Venfino or its partners on or through the Service, and any User Submissions posted by you or by other users.

Because we respect the privacy and well being of all our users, including, without limitation, the venues and other service providers who have chosen to advertise with us, we cannot tolerate users who misrepresent themselves or circulate or submit false information. We also cannot tolerate users who use the Site or Service to obtain a list of venue names and contact information for the purpose of offering services (for example, catering services) to them, for the purpose of requesting donations from them or for other solicitations. All event inquiries submitted through the Site and Service by you must be related to a specific event being planned by you. We ask you to be a thoughtful member of our community and report any suspected misrepresentation or use of the Site or Service for the purpose of soliciting venues or other service providers such as in the instances described above. Once individuals or entities guilty of misrepresentation or using the Site or Service for the purpose of soliciting venues or other service providers are brought to our attention, we reserve the right to restrict their access to the Site and/or Service and/or delete their profiles and User Submissions. However, we may retain any information they have submitted for our records.

You are responsible for all of your activity in connection with the Service. In addition, you may not use the Service for any illegal or unauthorized purpose.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, harmful, vulgar, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or racially, ethnically or otherwise objectionable;
  • harms minors or any member of the Site in any way;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the service;
  • involves uploading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information, or anything learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
  • involves uploading, posting, emailing, transmitting or otherwise making available any Content that advocates the violation of any local, state, federal, or international law;
  • attempts to reformat, redesign, alter, or prevent the display of information or advertising, or attempts to otherwise change the appearance of the Site;
  • involves submitting materials owned by or concerning a third party without that party's consent, or redirecting to those materials without consent, or infringing upon any and all rights held by such third party over any such materials;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Venfino or any third party; or
  • either (1) impersonates any person or entity or (2) falsely states or otherwise misrepresents your affiliation with any person.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Venfino in its sole discretion) an unreasonable or disproportionately large load on the infrastructure of Venfino (or its third party providers); (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any privacy settings or measures Venfino may use to prevent or restrict access to the Service (or computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site. You shall not (directly or indirectly): (x) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (y) modify, translate, or otherwise create derivative works of any part of the Service, or (z) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Venfino does not guarantee that any Content or User Submission will be made available on the Site or through the Service. We reserve the right in our sole discretion to refuse to post or to delete any Content, including without limitation, any User Submissions, from the Site without notification or recourse, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Venfino is concerned that you may have violated these Terms of Use), or for no reason at all. Furthermore, we retain the right to maintain back-up copies of any materials that we choose to delete from the Site.

Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Venfino is not responsible for and does not endorse any such third-party content or services. These other websites are not under the control of Venfino, and you acknowledge that Venfino is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Venfino or any association with its operators, or any third-party service providers, products, services, opinions, or web sites accessed through the Service. You further acknowledge and agree that Venfino shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Venues.

Venfino operates the Site for the purposes of helping users of the Site to research venues for private events and helping such users to select venues that best fit their needs, for example, through use of Venfino's FindMyVenue™ Search Function. If Venfino is able to match one or more venues with your private event needs, Venfino will not show the name and contact information of the venues until it has received your submission of an event inquiry for the event in connection with which you were searching for a venue. This process helps the venues and Venfino to keep track of how many people are referred to the venues by us as a result of our advertising efforts. To further help in keeping track of bookings of venues that result from Venfino's advertising efforts, Venfino may reach out to you from time-to-time regarding the status of the event in connection with which you submitted an event inquiry through the Site. You agree to provide prompt, truthful, accurate and complete responses to any such requests and otherwise to cooperate in good faith with Venfino in connection with such requests. To help you to select venues that best fit your needs, Venfino may screen the information that you submit to us through your event inquiry using information filters provided by the venues. For example, Venfino will use reasonable efforts to avoid providing you with the name and contact information of venues that cannot accommodate your type of events or whose minimum spend requirements are above your event budget. You acknowledge and agree that Venfino does not provide proposals on behalf of any of the venues listed on the Site, accompany users to venues or otherwise broker agreements between users and venues, and Venfino is not a party to any transaction between users and venues. As such, you acknowledge and agree that Venfino (a) is not responsible or liable for the acts or omissions of the venues or for anything that occurs at a venue or an event, (b) does not guarantee or ensure any agreement between you and a venue or that any of the venues or a particular venue will be able to accommodate your event and (c) does not collect or process payment or execute any documentation on behalf of users or venues. You are strongly encouraged to personally research any participating venue prior to entering into an agreement with such venue.

Venfino Site Content.

You agree that the Service contains Content specifically provided by Venfino, its venues and other service providers and/or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree that you have no license or right to use the copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights or Content of Venfino or its licensors (collectively, "Intellectual Property"), except in connection with your use of the Site to the extent authorized by and in accordance with these Terms of Use. The Intellectual Property may not be used in connection with any product, service, publication or web site of yours or any third party without the express written permission of Venfino, or in any manner that disparages or discredits Venfino.

You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.

Subject to the terms and conditions of these Terms of Use, Venfino grants you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Site, Service and the Content, solely for your personal use.

If you violate any of these provisions regarding the Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You agree that because of the unique nature of the Site and its Content and the Service, and the proprietary rights of Venfino and/or its licensors, your breach of these provisions would irreparably harm Venfino and/or its licensors, and monetary damages would be inadequate compensation. You further agree that in the event of any actual or threatened breach of this Section, Venfino shall be entitled to preliminary and permanent injunctive relief without the posting of a bond or surety, in addition to damages, and you hereby waive any objection in such case to an adequate remedy at law.

User Submissions.

By posting, submitting, displaying, publishing or otherwise making available any User Submissions on the Site or otherwise through the Service, you:

  • hereby do and agree to grant Venfino a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit ("Use") the User Submissions in connection with the Site, the Service and Venfino's (and its successors' and assigns') business, including, without limitation, for (a) promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites) and (b) posting venue reviews (with or without the name of the venue) along with your first name, first letter of your last name and your company name (if applicable) on venue profile pages and other pages of the Site and syndicating such reviews to third party websites. You also hereby do and agree to grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use such User Submissions as permitted through the functionality of the Site and the Service and under these Terms of Use. For clarity, the foregoing license grant to Venfino does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Venfino (including, without limitation, publishing any Content on the Site) will not infringe or violate the rights of any third party, including, without limitation, any privacy, publicity, contract or other rights of any person or entity, (b) that you are authorized to grant all of the aforementioned rights to the User Submissions to Venfino and all users of the Service and (c) that all User Submissions that you submit are accurate and truthful;
  • agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
  • understand that Venfino shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Venfino will not be liable for any errors or omissions in any content; and that Venfino cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

For clarity, User Submissions include all (i) submissions by you through various forms accessible through the Site, email messages or other means through which you may submit your name, contact information, information regarding your event (including, without limitation, your preferences), your reviews of the venues and Venfino, requests for support and other information and materials and (ii) venue referrals (including, without limitation, the name and contact information for the venues).

Venfino does not endorse and has no control over any User Submission. Venfino cannot guarantee the authenticity of any data which users (including venues) may provide. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Venfino has no obligation to monitor the Site, Service, Content, or User Submissions. Venfino may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Under no circumstances will Venfino be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.

Marketing.

You hereby consent to Venfino's inclusion of the name of the entity or company that you represent (if applicable) and the logo of such entity or company in customer listings that may be published as part of Venfino's marketing efforts. You hereby grant to Venfino, on behalf of the entity or company that you represent, a fully paid-up, royalty-free, worldwide, non-exclusive license to use such entity's or company's name and logo solely to the extent contemplated by this Section.

Termination.

Venfino may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your access. All provisions of the Terms of Use which by their nature should survive termination, including, without limitation the Sections entitled "Venfino Site Content" (other than the third paragraph of such Section), "User Submissions", "Termination", "General Disclaimer", "Warranty Disclaimer", "Confidentiality", "Indemnification", "Limitation of Liability", "Dispute Resolution", "Integration and Severability" and "Miscellaneous" shall survive termination.

General Disclaimer.

Venfino makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content accessed through the Site. By using the Service, you agree that Venfino does not endorse and shall not be liable for (a) any Content, (b) any person's reliance on any such Content, whether or not correct, current and complete, or (c) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.

Warranty Disclaimer.

Venfino has no special relationship with or fiduciary duty to you. You acknowledge that Venfino has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Venfino from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find harmful, inaccurate, deceptive, offensive or inappropriate. Venfino makes no representations concerning any content contained in or accessed through the Site, and Venfino will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE AND THE CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, VENFINO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR AVAILABLE CONTINUOUSLY OR AVAILABLE FROM ALL PERSONAL COMPUTERS OR MOBILE DEVICES OR ANY OTHER INTERNET-CAPABLE DEVICES; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE CONTENT AND MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE, AND VENFINO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF; (E) ANY VENUE OR OTHER VENDOR WILL PERFORM SERVICES FOR YOU OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): VENFINO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Venfino will not be liable for the privacy of email addresses, event inquiry information, communications, confidential or trade secret information, or any other Content or User Submissions stored on Venfino's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Confidentiality.

You acknowledge that, in the course of using and accessing the Site or Service, you may obtain, learn or develop information relating to the Site, Service and/or to Venfino or the venues that is marked, or otherwise identified as, "confidential" at the time of disclosure, or is of such a nature that a reasonable person would understand such information to be confidential ("Confidential Information"), including, but not limited to the Service, code, technology, algorithms, schematics, testing procedures, problem reports, analysis and performance information, data, plans, inventions (whether patentable or not), user feedback, and other technical, business, product, marketing, financial and venue or user information and all copies, extracts and derivatives of the foregoing. During and after the term of this Agreement, you shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Confidential Information, unless such Confidential Information becomes part of the public domain without breach of this Agreement by you. You shall not, without the prior written consent of Venfino, disclose or otherwise make available to any third party the Site, Service, or other supporting materials related thereto, including, without limitation, any information relating to the performance or operation of the Site or Service (including any testing results, opinions, benchmarking, evaluation conclusions or other feedback), or copies, extracts or derivatives thereof. You acknowledge and agree that due to the unique nature of Venfino's Confidential Information, there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow you or third parties to unfairly compete with Venfino resulting in irreparable harm to Venfino, and therefore, that upon any such breach or threat thereof, Venfino shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law without the necessity of posting any bond.

Indemnification.

You shall defend, indemnify, and hold harmless Venfino, its affiliates and each of its and its affiliates' employees, contractors, directors, officers, suppliers, licensors and representatives from and against all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (a) your use or misuse of, or access to, the Site, Service, or Content or (b) your User Submissions, or (c) your violation of these Terms of Use, or (d) infringement by you of any intellectual property or other right of any person or entity. Venfino reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Venfino in asserting any available defenses.

Limitation of Liability.

IN NO EVENT SHALL VENFINO, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (A) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, DATA LOSS, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (B) FOR ANY DAMAGES CAUSED BY OR RESULTING FROM (I) YOUR RELIANCE ON ANY SITE CONTENT (INCLUDING ADVERTISEMENTS) OR OTHER INFORMATION OBTAINED FROM VENFINO OR ACCESSIBLE VIA THE SITE OR SERVICE, OR (II) MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VENFINO'S RECORDS, PROGRAMS OR SERVICES, (C) FOR YOUR FAILURE TO PROVIDE VENFINO WITH ACCURATE OR COMPLETE INFORMATION, OR (D) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International/Non-New York Use.

Venfino makes no representation that the Content is appropriate or available for use in locations outside the State of New York, USA and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. Users from outside the United States agree to comply with local rules and regulations regarding online conduct and acceptable content, including laws regulating the export of data from the United States to your country of residence.

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York, New York, using the English language, in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For such purpose of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in New York County, New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this Section.

Force Majeure.

While we will make every effort to keep the Site accessible, you agree not to hold us liable for any downtime or inaccuracy that may occur. We have many systems in place to ensure that the Site is operational, but we cannot guarantee that it will always be accessible, timely or accurate. You agree that under no circumstances will Venfino be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, but not limited to: Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, terrorism, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or failures of third party applications, hacks or denial of service attacks, or loss of or fluctuations in heat, light or air conditioning.

Integration and Severability.

The Terms of Use, and if applicable, the Advertiser Agreement entered into by and between Venfino and you (the "Advertiser Agreement"), are the entire agreement between you and Venfino with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Venfino with respect to the Service and use of the Site. Where the terms of the Terms of Use conflict with those of the Advertiser Agreement, however, the terms of the Advertiser Agreement shall control. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. All waivers must be in writing.

Miscellaneous.

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with the prior written consent of Venfino. Any attempted transfer in violation hereof will be void and of no effect. Venfino may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, postage pre-paid, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Unless otherwise indicated, the Terms of Use and all Content provided by Venfino are copyright © 2009 Funk This Entertainment, LLC. All rights reserved.

Venfino and FindMyVenue and all other graphics, designs, page headers, button icons, scripts and service names or slogans displayed on the Site are registered and/or common law trademarks or trade dress of Venfino and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Venfino or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Venfino and may not be copied, imitated or used, in whole or in part, without the prior written permission of Venfino. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Venfino.

Contact.

Thank you for your cooperation. We hope you find the Site informative, useful and easy to use. If you have any comments or questions regarding the Site, or you want to report a malfunction or problem, please use our Contact Us form or send us snail mail to our postal address of Venfino, c/o Funk This Entertainment, LLC, 37 West 39th Street, Suite 906, New York, NY 10018. We will try our best to respond to you quickly, but cannot always do so due to the volume of requests.