Date of Effectivity: January 23, 2016
Welcome to www.venttraffic.com ("Website") and reviewing our Terms and Conditions of Use (“Agreement”). The Website is owned and operated by Venttraffic Media Inc. (“Venttraffic”, “we”, “us”, “our”).
You agree to the terms and conditions outlined in this Agreement with respect to our Website. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
This Agreement applies to the Services (as defined in the “Services” section below) currently offered by us and Services that the we may choose to offer in the future (unless stated otherwise).
YOUR USE OF THE WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not accept this Agreement, you must not use the Website. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Website.
You are granted a non-exclusive, non-transferable, revocable license:
While using the Website, services and tools, you will not:
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express hand written permission. Additionally, you agree that you will not:
In connection with your use of the Website, you may establish or otherwise receive from Venttraffic user IDs, passwords and other security codes (“Login Credentials”) that you may need in order to access and use certain portions of the Website.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Info”) and maintain and promptly update the Registration Info to keep it true, accurate, current and complete. You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Info. We reserve all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
You are responsible for maintaining the confidentiality of your Login Credentials. You agree that you will be fully responsible for all activities that occur utilizing your Login Credentials, and that we are not under any duty to inquire as to the authority or propriety of any instructions provided via your Login Credentials, or to otherwise verify the identity of anyone using your Login Credentials. You agree that we shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your Login Credentials. If you permit access to your Login Credentials by third parties, then you agree to defend, indemnify and hold us harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Website. We reserve the right to block access to the Website for any reason. You also agree to immediately notify us if you become aware of any loss or theft of your Login Credentials or any unauthorized use of your Login Credentials.
For your protection, we may require the use of encryption technologies for certain types of communications conducted through the Website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception.
Through the Website, you may be able to review Content (as defined herein), upload and download files, register for membership, make donations, sign up for events, pay for goods and services, communicate and establish relationships with other users, and post information, opinions and comments (collectively, the “Services”). We reserve the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, we reserve the right to permit or restrict access to Services and Website to any user in its sole and absolute discretion.
We are not obligated to maintain or support the Services, or to provide you with updates, upgrades or services related thereto. You acknowledge that Venttraffic may from time to time in its sole discretion issue updates or upgrades to the Services. You agree that the terms and conditions of this Agreement will apply to all such updates or upgrades.
The Website presents information and content including, but not limited to, articles, opinions, text, data, software applications, commentary, advertisements, graphics, illustrations, calendars, designs, games, reviews, video and audio files, programs, code, and photos, in addition to User Generated Content (as defined herein) (collectively, “Content”), that is owned or licensed by us. The Website may also include materials owned by third parties and posted on the Website by virtue of a license, grant or some other form of agreement between the third party and us.
The Content contained on the Website is for general information use only and has not been verified by us. We do not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance by any person upon any Content we provide. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.
As between you and Venttraffic, all Content is owned by Venttraffic and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Venttraffic. Please contact us at info@Venttraffic.com or through PO BOX 754121, Forest Hills, N.Y 11375 with any licensing inquiries.
You agree to release us, our parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Website. If at any time you are not happy with the Website or any Content, your sole remedy is to cease using them.
Venttraffic offers original and third party information on the Website. You may be invited to provide custom screen names, icons and other profile information (collectively, “Profile Information”), and you may be permitted to comment on, post, transmit or submit messages, ideas, concepts, techniques, know-how and other information and materials, which may include uploading files, inputting data, providing personal information, submitting opinions or engaging in any form of communication that you submit, post and display on the Website or through the Services (collectively, and together with Profile Information, “User Generated Content”) to other Website users, blogs, bulletin boards and public areas (collectively “Forums”) within or in connection with the Website or in connection with the Services. In submitting User Generated Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
By posting any Content on the Website, you hereby grant us a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide. You hereby waive all rights to any claim against us for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to us that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to us all rights, title and interest as set forth herein in and to such Content. You acknowledge that we have detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify us from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against us in connection with such Content.
Venttraffic does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Website is not necessarily reviewed by the us prior to posting and does not necessarily reflect our opinions or policies. If at any time the we choose, in our sole discretion, to monitor the Forums, we nonetheless assume no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
We make no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, designs, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Website or the Services (collectively, “Content”). Nonetheless, we reserve the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that Venttraffic shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of the Website and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.
Certain portions of the Website may offer you the ability to send (by e-mail or otherwise) messages directly to us or another user. We shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Website. Venttraffic reserves the right, but has no obligation, to monitor disputes between you and other users.
In the event a dispute arises between you and Venttraffic or any third party, please e-mail the us at info@Venttraffic.com and we will work quickly towards a resolution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
You agree that you will neither post on the Website nor submit any User Generated Content that:
Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Website, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by us, the Website, or its users; or (iii) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user.
From time to time, we may incorporate advertising, information, features and services provided by other users or third parties (“Third Party Content”). Third Party Content, whether provided by us or not, does not imply any endorsement, approval, or verification by us of such Third Party Content or the policies, products or services of any third party. We do not always review Third Party Content and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Content, Venttraffic is not recommending the products or services of any third party. Subject to the terms of applicable service or other agreements, we may remove any Third Party Content from the Website or Services upon written request by its owner or licensor. Please consult any and all terms,conditions and policies applicable to Third Party Content prior to using it.
We may provide hyperlinks to third-party web sites as a convenience to users of the Website. We do not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to Website. We do not endorse, recommend or approve any third-party Website hyperlinked from the Website. We will have no liability to any entity for the content or use of the content available through such hyperlink.
The Content on the Website are protected by United States, international and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Website are copyright (c) Date, Venttraffic Media, Inc. Permission is granted to view and print Content from the Website for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without our express prior written permission is strictly prohibited.
You may not create a link to this Website from another website or document without our prior written consent.
Venttraffic and third party trademarks and service marks may or may not be designated as such from time to time on the Website through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Website, whether or not designated by such symbols, including, but not limited to, as metatags or in any other fashion without the express prior written permission of the Company.
Not all of the products and Services offered through the Website are available in all geographic areas, and we reserve the right to restrict any user from purchasing any product or receiving any Service made available through the Website at any time, without notice. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject us or its affiliates to any registration requirement within such jurisdiction or country.
THE SERVICES, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE SERVICES, THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR SERVICES.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THE WEBSITE AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD VENTTRAFFIC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE Website, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE, FORUMS, THE SERVICES, THE CONTENT OR YOUR USE THEREOF, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER ACTION. VENTTRAFFIC SHALL NOT BE LIABLE EVEN IF VENTTRAFFIC OR AN AUTHORIZED REPRESENTATIVE OF VENTTRAFFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF VENTTRAFFIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE WEBSITE OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO VENTTRAFFIC IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
You agree to indemnify, defend and hold harmless Venttraffic, its officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services or Website, your breach of the terms of this , or your infringement, or infringement by any other person using your account, of any intellectual property or other right of Venttraffic or any other person or entity. The terms of this Agreement will inure to the benefit of Venttraffic’s successors, assigns, licensors and licensees. The Services, the Website and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services, the Website and any related products. You shall indemnify and hold harmless Venttraffic, officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, the Website, the Content and any related products and services. You covenant to cooperate fully in the defense of any claim.
The Content, the Services, the Website and this Agreement are subject to change and updating by us and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the Website constitutes your acceptance of any change or update, all of which shall become controlling when posted.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
There are no implied licenses granted in thisAgreement.
The Website and the Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13) or to any user who has been suspended from any of the Website, whose use has been restricted for any reason or whose registration has been revoked. If you are under the age of 13, you can use the Services only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use the Website or the Services. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to this Agreement.
The Services and related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Services and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Services and related documentation will be only those specified in this Agreement.
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Venttraffic, or any products utilizing such data, in violation of the United States export laws or regulations.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
The communications between you and Venttraffic use electronic means, whether you use the Services or send us emails, or whether Venttraffic posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Venttraffic in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Venttraffic provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Electronic notices should be sent to info@Venttraffic.com.
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to Venttraffic during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Legal notices for Venttraffic shall be mailed to PO Box 754121 Forest Hills, N.Y 11375.
The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation. The word “including” means “including without limitation.”
The term of this Agreement shall commence when you first visit the Website, view the Content or use the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. We may, with or without cause, immediately terminate this Agreement without notice, and deny you access to the Website and the Services in its sole discretion. Without limiting the foregoing, we have the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that we, in our sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website or use the Services. Without limiting any other rights we have, you understand and acknowledge that we, in our sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach this Agreement.
If a dispute arises between you and Venttraffic, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Venttraffic agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by reaching out to us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Website or these Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
This Agreement set forth the entire understanding and Agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign this Agreement without our explicit consent. You are responsible for fees associated with gaining access to the Website, including the fees associated with the equipment necessary to access the Internet and the fees charged by your internet service provider.
Venttraffic Media Incorporated
1330 Avenue of the Americas, Floor 23, Suite 23A
New York City, N.Y, 10019
Toll Free: 1-866-768-3688
Local Direct: 1-646-480-7452
Last Updated: January 23, 2016