Member and Venue Owner Information
"Your Information" is defined herein as any information and materials,
including without limitation photographs, email, document, and
information you provide to Venuerific or other users in connection with
your registration for and use of the Services. You are solely responsible
for Your Information. You agree that Venuerific merely acts as a passive
conduit for your online distribution and publication of Your Information.
To enable Venuerific to use Your Information without violating any rights
you might have in that information, you hereby grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable (through
multiple tiers) right to exercise all copyright, publicity rights, and
any other rights you have in Your Information, in any media now known or
not currently known. Venuerific shall have complete discretion in how it
chooses to display, use or dispose of Your Information in connection with
the Site and Services. As part of our Services, Venuerific shares photo
updates with Members. You agree Venuerific may, in its sole discretion,
publish photos you submit on the Site across social media services
including Facebook®, Twitter®, Pinterest®, and similar sites.
You represent and warrant to Venuerific that Your Information submitted
(a) will not be false, inaccurate, incomplete or misleading; (b) will not
be fraudulent or involve the sale of counterfeit or stolen items; (c)
will not infringe any third party's copyright, patent, trademark, trade
secret or other proprietary right or rights of publicity or privacy; (d)
will not violate any law, statute, ordinance, or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising); (e) will
not be defamatory, libelous, unlawfully threatening, or unlawfully
harassing; (f) will not be obscene or contain child pornography or be
harmful to minors; (g) will not contain any viruses, Trojan Horses,
worms, time bombs, bots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; and
(h) will not create liability for Venuerific or cause Venuerific to lose
(in whole or in part) the services of its ISPs or other partners or
suppliers.
Intellectual Property Rights
All Site contents including text, graphics, editorials, data, graphs,
designs, scripts, photographs, music, sounds, images, software, videos,
designs, typefaces and other content (collectively "Proprietary
Material") that are accessed on the Site are owned by Venuerific or used
by permission. Proprietary Material is protected by the domestic and
international laws of copyright, patents, and other proprietary rights
and laws. Users may not copy, download, use, redesign, reconfigure, or
retransmit anything from the Site without Venuerific’s express prior
written consent. Any use of such Proprietary Material, other than as
permitted therein, is expressly prohibited without the prior permission
of Venuerific and/or the relevant right holder.
The service marks and trademarks of Venuerific, including without limitation
[www.venuerific.com] and the Venuerific logo are service marks owned by
Venuerific. Any other trademarks, service marks, logos and/or trade names
appearing on the Service are the property of their respective owners. You may
not copy or use any of these marks, logos or trade names without the express
prior written consent of the owner.
Flash Deals
Flash Deals are not transferable, nor for resale, and not redeemable for cash. All communication between event organiser who books the flash deal and the venue owner is to be directly in between and Venuerific will not be liable to the conditions concerning Flash Deals. Venue Owner reserves the rights to stop the Flash Deals anytime and also cancel the event due to limitation.
Copyright Policy
Venuerific respects copyright law and expects its users to do the same.
Venuerific has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other
account holders who repeatedly infringe the rights of copyright
holders.
Links to Third-Party Sites
The Services may include links to other sites and services that are not
operated by Venuerific. We are providing these links to you only as a
convenience and are not responsible for the content or links displayed on
such sites. You are responsible for and assume all risk arising from your
use or reliance of any third-party sites.
Termination or Account Cancellation
The information contained in this Site, including these Customer Terms
and the policies are subject to change at any time, without notice to
you, at our sole discretion. Venuerific makes no commitment to update the
materials on the Site, including information that may be out of date.
Venuerific reserves the right to, at any time and without notice, modify,
suspend or terminate operation of or access to the Site, or any portion
thereof, or interrupt the operation of the Site, or any portion
thereof.
Venuerific also reserves the right to terminate any user account upon
breach of the Customer Terms. You may not use the Site or any content in
violation of any applicable laws or regulations, including without
limitation Singapore’s export laws and regulations. In the event of a
termination due to a breach, you will remain liable for all amounts due
here under.
No Endorsement
Venuerific does not endorse any Members, Venue Owners, or any Venues
featured on the Services. In addition, we do not attempt to confirm, and
do not confirm, any Member's or Venue Owner's purported identity. You are
responsible for determining the identity and suitability of others whom
you contact via the Services. We will not be responsible for any damage
or harm resulting from your interactions with other users of the
Services. By using the Services, you agree that any legal remedy or
liability that you seek to obtain for actions or omissions of other
Members and Venue Owners will be limited to a claim against the
particular Members or Venue Owners who caused you harm. You agree not to
attempt to impose liability on, or seek any legal remedy from Venuerific
in this regard.
Disclaimer
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU
ACKNOWLEDGE AND AGREE THAT VENUERIFIC DOES NOT HAVE AN OBLIGATION TO
CONDUCT BACKGROUND CHECKS ON ANY VENUE OWNER OR MEMBER. YOU UNDERSTAND
AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU "AS IS" AND ON AN "AS
AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, VENUERIFIC EXPLICITLY
DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING
OUT OF COURSE OF DEALING OR USAGE OF TRADE. VENUERIFIC MAKES NO WARRANTY
THAT THE SERVICES OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO, THE
LISTINGS OR ANY VENUES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VENUERIFIC MAKES NO WARRANTY
REGARDING THE QUALITY OF ANY LISTINGS, VENUES, OR ANY SERVICES OR SITE
CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
VENUERIFIC OR THROUGH THE WEBSITE, APPLICATION, SERVICES OR COLLECTIVE
CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH
WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES,
INCLUDING, BUT NOT LIMITED TO, ANY VENUE OWNERS. YOU UNDERSTAND
THATVENUERIFIC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF
USERS OF THE SERVICES OR REVIEW OR VISIT ANY VENUES. VENUERIFIC MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES
OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH
WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE
SERVICES, INCLUDING, BUT NOT LIMITED TO, VENUEOWNERS, PARTICULARLY IF YOU
DECIDE TO MEET OFFLINE OR IN PERSON BY WAY OF A VENUE VISIT OR
OTHERWISE.
Indemnity
You agree to indemnify and hold harmless Venuerific and its officers,
directors, employees and agents, from and against any claims, disputes,
demands, liabilities, damages, losses, and costs and expenses, including,
without limitation, reasonable legal and accounting fees (including costs
of defense of litigation by third parties), arising out of, or in any way
connected with: (a) your access to or use of the Services or Site Content
or your violation of these Customer Terms; (b) your Member Content; and
(c) your (i) interaction with any Member or VenueOwner, (ii) submitting
of inquiries on a Listing, (iii) scheduling a Venue Visit or booking of a
Venue or (iv) use of a Venue by you or any other Member.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND
SITE CONTENT, AND YOUR BOOKING OF ANY VENUES VIA THE SERVICES, REMAINS
WITH YOU. NEITHER VENUERIFIC NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SERVICES OR SITE CONTENT WILL BE LIABLE FOR
ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING
LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR
SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL
DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE CUSTOMER TERMS, OR
FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM
ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE
SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR BOOKING OF ANY VENUE VIA
THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT VENUERIFIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN
IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
THE VENUE OWNERS SUPPLYING LISTING OR OTHER SERVICES ON THIS WEBSITE ARE
INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF VENUERIFIC.
VENUERIFIC IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SPACE
PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER
DAMAGES OR EXPENSES RESULTING THEREFROM. VENUERIFIC AND ITS AFFILIATES
HAVE NO LIABILITY AND MAY MAKE NO REFUNDS IN THE EVENT OF CANCELLATION,
OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT
CONTROL, AND WILL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE OR
OMISSIONS.
IN NO EVENT SHALL VENUERIFIC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO,
DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO
ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR
RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES,
INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED
THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY
OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE,
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF VENUERIFIC
AND/OR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. GOVERNING LAW; DISPUTE RESOLUTION.
You agree that all matters relating to your access to or use of the
Site, including all disputes, will be governed by the laws of Republic of
Singapore without regard to its conflicts of laws provisions. You agree
to the personal jurisdiction by and venue in the state and federal courts
in Singapore and waive any objection to such jurisdiction or venue. Any
claim under these Customer Terms must be brought within one (1) year
after the cause of action arises, or such claim or cause of action is
barred. No recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will be entitled
to costs and attorneys' fees.
If a dispute arises out of or relates to this Agreement, or the breach
thereof, you agree to try in good faith to settle the dispute by
contacting Venuerific directly at [support@venuerific.com].
If a dispute arises out of or relates to this Agreement, or the breach
thereof, and if the dispute cannot be settled through negotiation, you
agree to try in good faith to settle the dispute by mediation
administered by the Singapore Court of Justice under its Commercial
Mediation Procedures before resorting to arbitration, litigation, or some
other dispute resolution procedure.
If a dispute arising out of or relating to this Agreement, or the breach
thereof, and if the dispute cannot be solved through negotiation, or
mediation, you agree to settle the dispute by arbitration administered by
the Singapore Court of Justice under its Commercial Mediation Procedures
and its Consumer-Related Disputes Supplementary Procedures before
resorting to litigation, or some other dispute resolution procedure.
Judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof. If the dispute cannot be resolved
through negotiation, mediation, or arbitration, then the parties shall be
free to pursue any right or remedy available to them under applicable
law.
Entire Agreement
These Customer Terms constitute the entire and exclusive understanding
and agreement between Venuerific and you regarding the Services and Site
Content, and any bookings of Venues made via the Services, and supersede
and replace any and all prior oral or written understandings or
agreements between Veneurific and you regarding the Services and Site
content.
Assignment
You may not assign or transfer these Customer Terms, by operation of law
or otherwise, without Venuerific's prior written consent. Any attempt by
you to assign or transfer these Customer Terms, without such consent,
will be null and of no effect. Venuerific may assign or transfer these
Customer Terms, at its sole discretion, without restriction. Subject to
the foregoing, these Customer Terms will bind and inure to the benefit of
the parties, their successors and permitted assignees.
General Provisions
Failure by Venuerific to enforce any provisions (s) of this Agreement
will not be construed as a waiver of any provision or right. This
Agreement will be governed by and construed in accordance with the laws
of the Republic of Singapore, without regard of its conflict of laws
rules. This Agreement constitutes the entire agreement between you and
Venuerific with respect to its subject matter. If any provision of this
Agreement is found to be invalid of unenforceable, the remaining
provisions will be enforced to the fullest extent possible, and the
remaining provisions will remain in full force and effect. The Agreement
will inure to the benefit of Venuerific, its successors and
assignees.
Feedback
We welcome feedback, comments and suggestions for improvements to the
Services ("Feedback") and you can submit Feedback by emailing us at
[support@venuerific.com]. You grant to us a non-exclusive, worldwide,
perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and
transferable license under any and all intellectual property rights that
you own or control to use, copy, modify, create derivative works based
upon and otherwise exploit the Feedback for any purpose.
[www.venuerific.com]: / [support@venuerific.com]