Updated: Jul. 4, 2024
These Terms of Service (the ” Terms of Service” or ” Agreement“) govern the use of the mobile and internet-based services offered by Venue Live Technologies, Inc. (”Venue,” ”we” or ”us“) at and through the website venue.ink (the ”Website“), the Venue mobile application and Venue technology platform (such services, applications, the Website and technology platform are collectively referred to as the ” Services“; or the ”Venue Platform“). The defined term the Terms of Service includes all exhibits or policies referenced in the Terms of Service, including the Privacy Policy.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN VENUE AND YOU, WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE AN INDIVIDUAL WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18) OR USERS WHO HAVE HAD THEIR USER ACCOUNT TEMPORARILY OR PERMANENTLY DEACTIVATED. BY BECOMING A USER, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.
The Venue Platform is protected by intellectual property laws, including without limitation copyright laws and trademark laws, and international treaties. Unauthorized reproduction or distribution of the Services or the Venue Platform, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.
I. SERVICES
Venue is a platform that provides a scheduling and booking application that makes it easy for clients (” Clients” or ” you“) seeking Tattoo or related services (”Tattoo Services“) from an artist and/or permanent makeup artists (collectively, “Artists“) providing Tattoo Services. The Artists and Clients are both users of the Services provided by Venue and are hereinafter referred to collectively as ”Users.”
Venue solely provides a platform for Artists and Clients to connect and serves only as a medium to facilitate the provision of Tattoo Services. Venue does not provide or contract for Tattoo Services, and Artists and Clients contract independently for the provision of Tattoo Services. Each Client is solely responsible for selecting the Artist, the Tattoo Services to be provided and the location at which Tattoo Services will be performed, whether on the premises of an Artist or at a site designated by the Client. Any decision by a Client to receive Tattoo Services or by an Artist to provide Tattoo Services is a decision made in such person’s sole discretion.
Venue does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Tattoo Services provided by Artists nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Artists or Clients. Venue makes no representations or warranties whatsoever with respect to Tattoo Services offered or provided by Artists or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Artist. You understand that Venue does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. Venue does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Tattoo Services or Artists’ identity on the Venue Platform. Venue does not assume any responsibility for the accuracy or reliability of this information or any information provided on or through the Venue Platform.
Although the Services are intended to provide each Artist’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Artist to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Artist will honor the reservation as scheduled.
Venue cannot guarantee availability of the Services to any User.
II. PAYMENTS
By using the Venue Services to book and pay for Tattoo Services means you acknowledge and agree to pay the fees associated with booking the Tattoo Services (”Charges“) as described either at the time of reservation or in person with the Artist at time of checkout. Charges include applicable fees for Tattoo Services, plus any tips to the Artist that you elect to pay, plus applicable booking fees, if any, applicable taxes and other applicable fees. Tattoo Services fees are set by Artists and are set forth on the applicable Artist’s page within the Venue Platform. After you make a reservation but prior to your time of appointment, a charge (in the case of a deposit) or authorization hold may be placed on your payment method. If you cannot make your appointment, it is your responsibility to cancel on time to avoid unnecessary charges. Note, however, it is your responsibility to know your Artist’s cancellation policy and the cancellation policy of the business your Artist is associated with (the ” Shop“). In the event that you cancel your appointment for Tattoo Services, depending on your Artist’s or the Shop’s cancellation policy, you may be assessed a cancellation fee (”Cancellation Fee“). If using the Venue Services to book your appointment, then each Artist’s Cancellation Fee, if any, is displayed for you to acknowledge and agree prior to you submitting your reservation. We may also assess a ”Disruption Fee” against you if we suspect that you have made repeated and frequent cancellations or intentionally cancelled Tattoo Services to disrupt the Services or the provision of Tattoo Services. Cancellation Fees and Disruption Fees may be equal to the entire Charges for the reservation.
In connection with using the Venue Platform to receive Tattoo Services you are required to enter credit card or other payment information. By entering your payment information when requested, you authorize Venue and payment processors to charge and process assessed Charges, Cancellation Fees or Disruption Fees. While Venue takes what we believe to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Venue is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
Venue facilitates the payment transaction per these Terms of Service between you and each Artist, but is not responsible for mediating any resulting disputes. Venue has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Venue, in each case in Venue’s sole discretion.
III. PAYMENT PROCESSING SERVICES
Venue’s Role
Part of the functionality of the Services allows Clients to pay and Artists to accept payments for Tattoo Services, including card-based payments initiated with cards bearing the trademarks of various credit or debit card companies (collectively, the ” Networks“). Venue is not a bank and does not offer banking services as defined by the United States Department of Treasury. Venue facilitates the processing of payments Artists receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments.
Authorization
You authorize us to process payments in accordance with the Services, using the payment information you have supplied.
Credit Card Authorization
Upon addition of a new payment method, Venue may seek authorization of your selected payment method for verification purposes to ensure that the cost of Tattoo Services will be covered and protect against unauthorized behavior. The authorization is not a charge. However, it may reduce your available credit by the authorization amount until your applicable Network’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or non-sufficient funds charges by the institution issuing your debit or credit card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing institution.
IV. Venue ACCOUNTS
Account Registration
By submitting a Tattoo Services request with an Artist or creating an account with Venue (an ”Account“), you are granted a right to use the Services provided by Venue subject to the restrictions set forth in these Terms of Service and in the Privacy Policy (which is incorporated herein and is a part of these Terms of Service) and any other restrictions stipulated to you by us in writing. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration process and as requested from time to time by Venue (such information, ” Registration Data“). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Account ID
Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as ” Account IDs“). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User’s actual name or trademark rights).
Your Account
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
Linking Your Account
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “( Third Party Account“) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing Venue to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of such Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Venue and/or grant Venue access to your Third Party Account (including, but not limited to, for use for purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Venue to pay any fees or making Venue subject to any usage limitations imposed by such third party service providers. By granting Venue access to any Third Party Accounts, you understand that Venue may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account, including without limitation any friend lists, mutual friends lists, following/followed lists and liked lists (the ” SNS Content“), so that it is available on and through the Venue Platform to other Users. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be your information. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Venue Platform. Please note that if a Third Party Account or associated service becomes unavailable or Venue’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Venue Platform. At your request made via e-mail to support@venue.ink. Venue will deactivate the connection between the Venue Services and any of your Third Party Accounts and delete any applicable information stored on Venue’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Venue makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Venue is not responsible for any SNS Content.
Venue facilitates the payment transaction per these Terms of Service between you and each Artist, but is not responsible for mediating any resulting disputes. Venue has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Venue, in each case in Venue’s sole discretion.
The Services may contain links to third party websites that are not owned or controlled by Venue. Venue has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Venue will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Venue from any and all liability arising from your use of any third-party website.
You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services.
V. ACCOUNT TERMINATION
Right to Terminate
Venue reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to your Account (including the funds in your Account), the Venue Platform and the Services if you (i) have violated the terms of this Agreement, any other agreement you have with Venue, or Venue’s policies or (ii) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in dishonest, fraudulent or illegal conduct.
Termination Effects
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Venue shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any Charges, Cancellations fees or other fees or costs accrued prior to the termination and any other amounts owed by you to us or any of the Artists as provided in this Agreement.
Venue is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid (”Fraudulent Actions“). By using the Services, you hereby release Venue from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Venue of any Fraudulent Actions, which may affect the Services. Venue reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
VI. VENUE COMMUNICATIONS
By submitting a Tattoo Services request with an Artist or subscribing to Venue Alerts, you expressly consent and agree to accept and receive SMS communications from Venue to the cellular telephone number you provided to us. By accepting this Agreement you consent to receive SMS messages to the cellular telephone number provided by you to Venue, including those SMS sent through the use of automated technology. SMS messages from Venue may include, but are not limited to: reminders in connection with Tattoo Services, operational communications concerning your Accounts or use of the Venue Platform or Services, updates concerning new and existing features on the Venue Platform, and communications concerning promotions with the Artist. Message frequency may vary depending on the user’s preferences. Residents of Canada may opt-out of future messages from Venue at any time by replying STOP or ARRET.. You may otherwise opt-out by contacting us at support@venue.ink. Your carrier’s standard message and data rates may apply. The wireless carriers do not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages. Residents of Canada may find additional help with messaging preferences by texting HELP or AIDE. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Venue Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the Venue Platform or the Services.
VII. VENUE USE, LIMITATIONS AND CHANGES TO THE SERVICE
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Venue shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Venue has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services operational twenty (24) hours a day/seven (7) days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services.
When you publish content or information through the Service, it means that everyone, including people outside of the Venue community, will have access to that information and we may not have control over what they do with it.
We always appreciate your feedback or other suggestions about Venue, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Venue safe and spam free, but can’t guarantee it. With respect to your use of the Venue Platform and receipt of Tattoo Services, you agree not to:
To make sure we are able to provide the Services you agree to:
VIII. HIPAA NOTICE
You should not share any protected health information with service providers via the Service. The Service is not intended to be used for communication of protected health information and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term ” protected health information” means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.
IX. PROPRIETARY RIGHTS
The Services contain content and technology of Venue that is protected by copyright, trademark, patent, trade secret and other laws. Venue owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the ” Venue Property. You may not copy, modify, or reverse engineer any part of the Services or the Venue Property.
In order to operate the Services, Venue needs to make certain use of your publicly posted content. Therefore, by posting, uploading or submitting to Venue, or making available for inclusion in publicly accessible areas of Venue, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, ” Content“, you represent that you have full authorization to do so. You also hereby grant Venue a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on Venue and will terminate at the time such Content is removed from the Services by you or by Venue. Venue reserves the right to remove or change any images without notice.
When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
Venue reserves the right to remove any Content from the Venue Platform, at its sole discretion.
Venue respects the intellectual property of others. Venue may, at its discretion, disable and/or terminate the Accounts of Users who Venue, in its determination, believes have repeatedly infringed others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Venue’s copyright agent via email to support@venue.ink:
X. DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER Artists AND CLIENTS AND IN THE PROVISION OR RECEIPT OF Tattoo SERVICES. VENUE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. VENUE IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY USER OR OTHER PARTIES.
LOCATION DATA PROVIDED BY THE VENUE PLATFORM IS FOR BASIC LOCATION PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. NEITHER VENUE, NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA DISPLAYED BY THE VENUE PLATFORM. ANY OF YOUR INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON THE VENUE PLATFORM MAY BE ACCESSIBLE TO VENUE AND CERTAIN USERS OF THE VENUE PLATFORM.
IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR Tattoo SERVICES AND USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE VENUE PLATFORM OR THROUGH THE SERVICES OR TATTOO SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER VENUE’S CONTROL (SUCH AS THIRD PARTY SERVERS). VENUE MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VENUE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
VENUE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VENUE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF Tattoo SERVICES OFFERED OR PROVIDED BY Artists OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY ARTIST.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, TABLETS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VENUE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
XI. LIMITATIONS OF LIABILITY AND RELEASE
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VENUE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VENUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) Tattoo SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
VENUE EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE VENUE IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN ARTISTS AND CLIENTS OR IN THE PROVISION OF ANY TATTOO SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE VENUE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF TATTOO SERVICES OR OTHERWISE.
XII. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Venue and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) Tattoo Services facilitated by the Services or any interaction between you and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, trade secret or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services or the Tattoo Services. This defense and indemnification obligations will survive the termination of this Agreement and your use of the Services.
XIII. PRIVACY
Our collection of data and information via the Services from Users and others is subject to our Privacy Policy. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of such data and information.
XIV. SECURITY
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
XV. MISCELLANEOUS; CHANGES
These Terms of Service and all referenced exhibits or policies, including the Privacy Policy, constitute the entire agreement between you and Venue concerning the subject matter herein and the use of the Services supersedes any and all previous agreements, written or oral, between you and Venue, including previous versions of these Terms of Service.
Venue reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced exhibits or policies, including the Privacy Policy. Venue will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate and immediately stop using Venue. Your continued use of Venue following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
Venue may assign these Terms of Service or any other agreement with you in whole or part at any time.
These Terms of Service and the relationship between you and Venue shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Venue agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware.
Any failure of Venue to enforce or exercise a right provided in these Terms of Service is not a waiver of that right.
Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
You and Venue both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
