TOS Cliff Notes
While we know that you came here to diligently read this legal masterpiece, here are some highlights:
PLEASE READ THESE TERMS OF SERVICE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH TWO MAN SHOW, INC. OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
1. USER RESPONSIBILITIES
1.1 Neutral "Legal Venue". Our Site is an online "legal venue" through which users find and learn about commercial spaces and the individuals responsible for their use (hereafter referred to together as "venue" or "venues") and connect event-organizers with venues. Our Site is merely a venue for users to learn about commercial spaces and, if they wish, arrange to have specific events at these venues. We are not involved in the actual face-to-face contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.
1.2 Identity Verification. We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. We do not endorse any persons who use or register for our Services, whether as event-organizers or venues. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site. We encourage event-organizers to communicate directly with potential venues through the tools available on the Site and to review your venues' pages for feedback from other users.
1.3 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
1.4 Release. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Venuetastic. You release Venuetastic from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as a guest or host in connection with the Site. Further, you waive California Civil Code section 1542, which provides: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." As set forth in Section 17, interpretation of this agreement is governed by the laws of the State of California and the United States of America.
2. USER CONDUCT
2.1 Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing an accommodation without the rights to do so;
(c) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(e) use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to holding an event at a venue;
(f) "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an Venuetastic event-organizer and venue with one another;
(g) offer, as a venue, any accommodations that you do not yourself own or rent as a commercial space (without limiting the foregoing, you will not list accommodations as venue if you are serving in the capacity of a rental agent or listing agent for a third party property owner) or can provide (such as food and beverage);
(h) register for more than one user account or register for a user account on behalf of an individual other than yourself; if you are a venue owner with multiple properties, those venues can be registered under one user account
(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(j) use automated scripts to collect information or otherwise interact with the Service or the Site;
(k) use the site to find a venue or event-organizer and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
(l) submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; or
(m) advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. Venuetastic reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
2.2 Disputes with Other Users. You are solely responsible for your interactions with other Venuetastic users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
2.3 Listing Prices. If you post a venue accommodation price through the Site which is accepted by you and an event-organizer, you acknowledge and agree that the price you specify for your venue will constitute an essential part of a binding agreement between you and the event-organizer. You further agree not to alter the price once accepted for that particular transaction. You have the right to alter the price for transactions after this particular one.
3. MINORS MAY NOT USE SERVICES. You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.
5. YOUR CONTENT
5.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
(a) infringes the copyright, trademark, or other intellectual property rights of any person;
(b) is defamatory;
(c) contains nudity or sexually explicit content, or is otherwise obscene;
(d) may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
(e) depicts individuals under 18 years of age;
(f) depicts or advocates the use of illicit drugs;
(g) makes use of offensive language or images;
(h) characterizes violence as acceptable, glamorous or desirable; or
(i) provides a link to any other websites.
5.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
6. THIRD-PARTY CONTENT. In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of our Services.
7.1 Fee Structure. In exchange for providing the Service, Venuetastic charges a monthly fee to the owner for each venue. As an event-organizer, you do not pay anything for the service unless you choose to do a concierge service. As a venue, posting a listing starts at a monthly fee with or without promotions offered by Venuetastic. Some optional services or functionality may incur additional fees.
7.2 Payment Logistics. As a venue owner, you can choose a payment plan for each venue you create. You will be asked to provide your credit card information and billing address. Once the venue is published on the site, we will start charging the credit card for the appropriate amount of the plan on a monthly basis.
7.3 Cancellation. Venues can cancel their subscription at any time.
7.4 Donations. Some venues may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the venue does in fact make the donation they pledged to make.
7.6 Taxes. Venuetastic does not do business as an owner or operator of any venues nor is it a provider of event-related accommodations. Neither does Venuetastic own, sell, resell, furnish, provide, rent, re-rent, manage and/or control any venues or event-related accommodations. Venuetastic does not act as an agent for any providers or users of venues or event-related accommodations. Venuetastic merely makes available a marketplace for Venues and Event-Organizers to meet and arrange for accommodations. Venuetastic is not a contracting agent or representative of the Venue or Event-Organizer. Instead, Venuetastic's role is solely to facilitate the availability of this marketplace for the Venue and Event-Organizer and to provide services related thereto, and any agreement for the use of any accommodations is solely between the Venue and Event-Organizer, and not Venuetastic. You understand that we are acting solely as an intermediary for the collection of payments between you and any venues or event-organizers with whom you choose to enter into a transaction. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either venues or event-organizers.
7.7 Damages. As an event-organizer, you are responsible for leaving the property in the condition that it was given to you. In the event that a venue claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be taken from the credit card on file. If we are unable to charge the card on file, you will be required to remit payment.
8. PROPRIETARY RIGHTS
8.1 Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "Two Man Show, Inc" "Venuetastic," and "www.venuetastic.com" are trademarks of Venuetastic protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
8.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at email@example.com. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
9. PASSWORD. You will select a password as part of the registration process. You are solely responsible for the confidentiality and use of your password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your password or any other breach of security.
10. TERMINATION. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services. Upon termination we will promptly pay you any hosting fees held in escrow and due to you, less our Service Fee.
11. MODIFICATION OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
12. LEGAL COMPLIANCE. You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
13. DISCLAIMER OF WARRANTIES
13.1 IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT VENUETASTIC DOES NOT CHECK ANY EVENT-ORGANIZER, VENUE, OR OTHER USER'S BACKGROUND OR RECORD. VENUETASTIC IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER'S COMMENTS AND THIRD-PARTY REFERRALS ON VENUES. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2 WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
13.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
13.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. LIMITS ON LIABILITY
14.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY VENUE, EVENT-ORGANIZER, OR OTHER THIRD PARTIES ON OUR SERVICES; OR (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE.
14.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
14.3 EXCEPT AS SET FORTH IN SECTION 18, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
15. INDEMNITY. You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
16. REPORTING MISCONDUCT. If as an event-organizer you hold your event with or as a venue work with anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
17. JURISDICTION AND "LEGAL VENUE". These Terms shall be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law principles. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California. Any action brought against Venuetastic shall be held in San Francisco Superior Court, San Francisco, California or the United States District Court, Northern District of California located in San Francisco, California.
18. ATTORNEY'S FEES. The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney's fees and costs.
19. MISCELLANEOUS. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections 1.4 (Release), 4 (Privacy), 5.1 (License), 6 (Third-Party Content), 7 (Payment), 8 (Proprietary Rights), 14 (Limits on Liability), 15 (Indemnity), 17 (Jurisdiction and Venue), 18 (Attorney's Fees), and this Section 19 (Miscellaneous) shall survive any termination or expiration of these Terms.
Please contact us at email@example.com with any questions regarding these Terms.