We hereby grant you, and you accept, a nonexclusive, nontransferable right and license, with no right to grant sublicenses, to download and use object code versions of the App in the manner described below. We do not intend for you to have any physical access to a source code version of the App.You agree that you have no right to copy, modify, translate or create derivative works of the App, nor to reverse engineer, decompile, disassemble, decode, or otherwise attempt to access the source code of the App.
We may elect to provide the App to you loaded on one or more iPads that we loan to you for your use.The iPads may be labeled with your logo or trademark, but we will continue to own the iPads.You may use the iPads solely in connection with your use of the App, and you are responsible for using and storing the iPads in a safe and secure manner. You must return the iPads to us upon our request.
We provide individual consumers (the “Consumers”) and night clubs, bars, DJs, casinos and other entertainment venues (the “Participating Venues”) with the opportunity to license and download the App.When you license and download the App (or receive an Ipad from us with the App loaded), you become a Participating Venue.
Consumers may use the App to obtain information about Participating Venues and about karaoke and comedy shows and other events at the Participating Venues (the “Events”). We may use the App to provide recommendations to Consumers of Participating Venues and Events based on their submitted music preferences, location and social interests. We have the right to determine the manner in which we develop recommendations in our sole discretion, using the factors and weightings that we determine to be appropriate, and there is no guarantee that you will be recommended with the same frequency as other Participating Venues.
Consumers may also use the App to submit requests to Participating Venues for reservations, preferential entry, food and drink, parking, limo and valet services. Each Participating Venue may accept or reject any request in its sole discretion.Should you accept any request, the agreement with respect to that request will be solely between you and the Consumer, and you will collect any required fee directly from the Consumer.Our sole function is to transmit the Consumer request to you, and we will have no responsibility for the manner in you or the Consumer handles therequest. We do not guarantee Consumer payment, and ifyou believe that you have been underpaid by the Consumer, you should complain directly to the Consumer.
You may use the App only in connection with your own Participating Venues and Events. You may not use the Website or the App to provide services to any other person or company, to suggest, provide or organize paid activities for others, or to otherwise conduct any other business.
WE WILL NOT DIRECTLY SELL CONSUMERS ANY PRODUCTS OR SERVICES, INCLUDING ANY ALCOHOLIC BEVERAGES.WE RELY SOLELY ON THE PARTICIPATING VENUES TO PROVIDE ACCURATE AND COMPLETE INFORMATION ON EVENTS, AND WE ARE NOT RESPONSIBLE FOR REVIEWING EVENTS OR INDEPENDENTLY CONFIRMING ANY SUCH INFORMATION. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF THE EVENTS OR THE SUITABILITY OF THAT CONTENT.
We collect certain data and analytical information with respect to Consumer preferences when they use the App (the “Analytics”), including information that may be used for push notification and SMS messages, and location tracking that may be used for proximity marketing and crowd control.Individual Consumers may opt out of providing any such information.While you are a registered user of the App with the right to use the App and the Analytics, we will provide you with certain Analytics about Consumer behavior as it relates to your Participating Venue and Events, at no additional cost.At our option, we may provide the Analytics in an aggregate anonymous format that does not identify any individual Consumer.We will not provide any Analytics to any third party that includes data on your Participating Venue or Events, except in an aggregate and anonymized format.
You may use the Analytics only in connection with your own Participating Venues and Events. You may not use the Analytics to provide services to any other person or company, to suggest, provide or organize paid activities for others, or to otherwise conduct any other business.
In consideration of the right and license to use the App and the Analytics, you agree to pay us the monthly fee specified in our Fee Schedule. Should you fail to pay any fee when due, you will no longer have any right to use the App or the Analytics.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.We will not be liable if for any reason all or any part of the Website or the App is unavailable at any time or for any period.From time to time, we may restrict access to some parts of the Website or the App, or the entire Website or App, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or the App using your user name, password or other security information.You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.You also agree to ensure that you exit from your account at the end of each session.You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), the App and the Analytics are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials, and your Web browser may store files that are automatically cached for display enhancement purposes.You may print or download one copy of a reasonable number of pages of the Website for your own permitted use hereunder and not for further reproduction, publication or distribution.You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or the App.
You must not modify copies of the Analytics, or any materials from the Website or the App, nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of Analytics or materials from the Website or the App.
The Company name, the terms [LIST COMPANY TRADEMARKS], and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.You must not use such marks without the prior written permission of the Company.All other names, logos, product and service names, designs and slogans on the Website or the App are the trademarks of their respective owners.
Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.Without limitation, you must not:
The Website and/or the App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews sites and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.We are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the App.YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.
We do not undertake to review all material before it is posted on the Website or the App, and cannot ensure prompt removal of objectionable material after it has been posted.Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.It is the policy of the Company to terminate the user accounts of repeat infringers.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.This includes links contained in advertisements, including banner advertisements and sponsored links.We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website, send e-mails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features.In addition to the limitations on linking set forth above, you may not cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.
The owner of the Website is based in the state of California in the United States.We provide the Website for use only by persons located in the United States.We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.Access to the Website may not be legal by certain persons or in certain countries.If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We cannot and do not guarantee or warrant that files available for downloading from the Website or the App will be free of viruses or other destructive code.You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PHONE, OTHER ELECTRONIC DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP.
YOUR USE OF THE WEBSITE, THE APP AND THE ANALYTICS IS AT YOUR OWN RISK.THE WEBSITE, THE APP AND THE ANALYTICS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, THE APP OR THE ANALYTICS, OR ANY INFORMATION PROVIDED ON THE WEBSITE OR BY THE APP.WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APP OR THE ANALYTICS, OR ANY INFORMATION PROVIDED ON THE WEBSITE OR BY THE APP, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE APP OR THE ANALYTICS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APP OR THE ANALYTICS, OR ANY INFORMATION PROVIDED ON THE WEBSITE OR BY THE APP.THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA,WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This website and the App are operated by VenueLytics, Inc. whose address is 530 Lytton Ave, Palo Alto, CA - 94301.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website or the App should be directed to:email@example.com.
VenueLytics Inc - ItzFun Consumer & VenueLytics Business App Version v1.8(Build 18027)