These terms and conditions form a contract between User (hereinafter “you” or “your”) and VENICE GEEKS LLC that governs your access and use of the website. Please read these Terms carefully. It is a legally binding agreement between you and Company. By your use of the website, you agree to comply with all of the terms and conditions set out in this document. We may block your Internet Protocol (IP) address at any time, with or without notice, for conduct that is in breach of these Terms, for conduct that we believes is harmful to our business, or for conduct where the use of the services is harmful to any other party.
The domain name www.venicegeeks.com (hereinafter referred to as “Website”) is owned by VENICE GEEKS LLC (hereinafter referred to as “we”, “us”, “our”, or “Company”). Your use of the website and tools are governed by the following terms and conditions (“Terms”). For the purpose of these Terms, “You” or “User” shall mean any person who has agreed to become a user on the website by providing User Information by submitting form on the website using the computer systems.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.
1. ELIGIBILITY: User must be at least 18 years of age. User represents and warrants that (i) User have the right and authority to enter into this User Agreement; and (ii) he/she abides all of the terms and conditions of this User Agreement.
2. UPDATES: We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. If any modification is unacceptable to the user, its sole remedy shall be to discontinue his/her use of the website. The user’s continued use of website will constitute binding acceptance of such modifications.
4. ELECTRONIC COMMUNICATIONS: When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.
6. LICENSE: Our website, software and other tools are protected by copyright, trade secret, and other intellectual property laws. Your use of VENICE GEEKS LLC’s website is based on the license of VENICE GEEKS LLC’s Intellectual property to user. Company grants user a limited, non-transferable license to use Company’s website, tools and related services in accordance with these T&C. Company reserves all rights in the Intellectual Property not expressly granted to user. Company provides the services solely on an “AS IS” basis and disclaims all warranties and liability for your use of the VENICE GEEKS LLC’s website, tools and related services. Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the websites (or any part thereof), including but not limited to the website, features, look, feel, and functional elements and related services.
7. INTELLECTUAL PROPERTY: For purposes of this Agreement, “Intellectual Property” shall mean (a) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. VENICE GEEKS LLC hereby retains all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by VENICE GEEKS LLC. You acknowledge that all right, title and interest to the Intellectual Property is owned by VENICE GEEKS LLC.
8. USER’S CONTENT/DATA: Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they e-mail, transmit, or otherwise make available to the Company (“Users’ Content”). You acknowledge and agree for not to use, nor permit any third party to use, the website to distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal and fraudulent information,
- threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Trojan horse, worm or other disruptive or harmful software or data; and
- Any other information or content which is not legally yours and without permission from the intellectual property rights owners.
9. CALL RECORDINGS: YOU CAN MAKE A CALL TO OUR BUSINESS PARTNERS FROM OUR WEBSITE, WHICH MAY CONTAIN PERSONAL INFORMATION. COMPANY WILL RECORD ALL CALLS RECEIVED OR MADE THROUGH THE WEBSITE. YOU HEREBY GIVE YOUR CONSENT FOR SUCH RECORDING OF CALLS.
10. PROHIBITED ACTIVITIES: Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website, software or other related services, or otherwise to attempt to discern the functioning or operation of the website, software or services. You shall not (and you shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website for any purpose without our express written permission, (ii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iii) run mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (v) interfere or attempt to interfere with the proper working of our website or any activities conducted on the website, (vi) remove any trademark, copyright or other proprietary notices from any portion of the Services; or (vii) bypass any measures Company may use to prevent or restrict access to the website, software or the Services.
11. DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
12. LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY PRODUCT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS, PARTNERS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
13. INDEMNIFICATION: You agree to defend, indemnify and hold Company and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this website.
14. JURISDICTION AND APPLICABLE LAW: The use of the website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of State of California, without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Los Angeles County, State of California for any action or proceeding arising out of or relating to these Terms and Conditions. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
15. ENTIRE AGREEMENT: These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between you and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.
16. WAIVER AND SEVERABILITY: If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
17. USER RESPONSIBILITIES: As a User, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately of any breach of security or unauthorized use of your account.
18. TERMINATION OF SERVICE: We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
19. PAYMENT AND REFUND POLICY: If the Service requires you to pay a fee, you agree to pay the full, applicable fee for that Service. Payments terms will be based on your agreement during the purchase process. A specific agreement prevails over these general terms. We do not provide refunds.
20. DISPUTE RESOLUTION: All disputes arising out of or in connection with these Terms shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association applying California law. The place of arbitration shall be Los Angeles County, California.
21. FORCE MAJEURE: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
23. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
If there are any inquiries or general questions regarding this document, you may contact us using the contact information below:
VENICE GEEKS, LLC
14622 Ventura Blvd
Ste 102 PMB 5035
Sherman Oaks CA 91403