VENND TERMS OF SERVICE
The Vennd Platform is an online shopping app dedicated to helping groups of people plan a wedding, furnish a shared home and prepare for a new family addition. Vennd brings together casual shoppers, designers, wedding planners, family and home decor enthusiasts. Vennd users can invite people to join his or her buying circle for simple collaboration and sharing of opinions. Through the Vennd Platform, users can employ a swiping motion to choose products: swiping right for products they like and swiping left on a product to dismiss and move on to the next one. When all members of his or her buying circle like a product, everyone will be notified that they share the same interest. Users will then have the option to buy that mutually-liked product. Collaboration is best when shopping online and finding that happy middle ground.
This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
Please make sure to read this agreement, because your use of the App is consent to these terms. If you do not agree to any of the updated terms, you should stop using Vennd.
1. Using the Vennd Platform.
• Who can use it. You must be at least the age of majority in the state where you live to use the App. Use of the Vennd Platform by anyone under eighteen (18) years of age is strictly prohibited.
• Acceptable Use Policy. When using the Vennd Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy.
• Termination. You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the app or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Vennd policy (including the Acceptable Use Policy). Upon termination of your use of the service, certain provisions will survive termination, as detailed in Section 8.
• Feedback. We welcome your feedback and suggestions about how to improve the Vennd Platform. Feel free to submit feedback at email@example.com. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
2. Our Content and Materials.
• Definition of Our Content and Materials. All intellectual property in or related to the Vennd Platform (specifically including, but not limited to our software, the Vennd logo, buttons, badges, and widgets), is the property of Vennd Inc., its subsidiaries and affiliates or its licensors (“Our Content and Materials”).
• No Endorsement or Verification. Please note that the Vennd Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the Vennd Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Vennd Platform by anyone.
• Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Vennd’s permission to you for your use of the Vennd Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Vennd Platform. You may view and print a reasonable number of copies of web pages located on the Vennd Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Vennd.
• Ownership. You acknowledge and agree that the Vennd Platform and Vennd marks will remain the property of Vennd LLC. The content, information and services made available on the Vennd Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Vennd Platform.
3. Other Offerings on the Vennd Platform.
• Purchase of Goods through the Vennd Shop. Vennd and third-party sellers offer home goods, furniture, artwork, wedding supplies and other products for sale on the Vennd Platform. If you purchase products on the Vennd Platform, your purchase is subject to the terms of service with that specific merchant. Vennd does not complete any purchase or financial transaction directly with its users. The availability of products sold by third-parties does not imply our endorsement or verification of the products or their descriptions.
• Third-Party Services. You may be provided the opportunity on the Vennd Platform to purchase services that are offered by third parties (collectively “Third Party Services”) i.e. handwritten wedding invitations. The availability of any Third Party Services on the Vennd Platform does not imply our endorsement of the Third Party Services.
4. Reporting Violations of Vennd Policies or Applicable Laws
We have a special process for reporting violations of your intellectual property rights or other violations of Vennd policies or applicable laws.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
5. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF VENND ENTITIES TO YOU.
THE “VENND ENTITIES” MEANS THE VENND PLATFORM, VENND LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
• WE ARE PROVIDING YOU THE APP, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE VENND ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
• THE VENND ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
• YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE VENND ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE VENND ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE VENND ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
7. Dispute Resolution.
• Arbitration. You and Vennd agree that any dispute, claim or controversy arising out of or relating to the this agreement or to your use of the Vennd Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Vennd each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Vennd agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section 8 will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” Section 8 will survive any termination of the Terms.
• Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
• Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Maryland and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
• Arbitration Location and Procedure. Unless you and Vennd agree otherwise, the arbitration will be conducted in Rockville, Maryland. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Vennd submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. For claims that exceed $10,000 and involve a hearing, you may elect for the hearing be conducted by telephone.
• Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
• Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
• Notice for California Users. Under California Civil Code Section 1789.3, California users of the Vennd Platform are entitled to the following specific consumer rights notice: The services are provided by Vennd LLC, 10125 Colesville Rd, Ste 152 Silver Spring, Maryland 20901. If you have a question or complaint regarding the Service, please contact Vennd at firstname.lastname@example.org or by writing to our mailing address. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
• Supplemental Terms for Certain Services. Certain services offered on the Vennd Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, or offering products for sale in the Vennd App that require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this agreement and the terms of that separate agreement, the terms of that separate agreement will control.
• Application Provider Terms. If you access the Vennd Platform through a Vennd application, you acknowledge that this agreement is between you and Vennd only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
• Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of the State of Maryland and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Rockville, Maryland for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision above, does not apply.
• Export. The Vennd Platform is controlled and operated from our United States offices in Maryland. Vennd software is further subject to United States export controls. No software for Vennd may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
• Changes. We reserve the right at any time to:
◦ i. change the terms and conditions of this agreement, consistent with applicable law;
◦ ii. change the Vennd Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
◦ iii. deny or terminate your Vennd account, or use of and access to the Vennd Platform.
• Languages. English is the authoritative text of this agreement and all communications, notices, arbitrations and other actions and proceedings relating to this agreement will be made and conducted in English, even if we choose to provide translations of this agreement into the native languages in certain countries.
• Assignment. No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Vennd’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Vennd may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in its sole discretion.
• Waiver. Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.
• Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
• Further Assurances. You agree to execute a hard copy of this agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this agreement and any of your rights or obligations under this agreement.
• Entire Agreement/ Severability. This agreement supersedes all prior terms, agreements, discussions and writings regarding the Vennd Platform and constitutes the entire agreement between you and us regarding the Vennd Platform. If any provision in this agreement is found to be unenforceable, then (except as expressly provided otherwise in Section 8(a) (Dispute Process)) that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
• Survival: The following provisions will survive expiration or termination of this agreement: Section 2(d)(Restrictions) and 2(e)(ownership), Section 5 (Disclaimers and Limitations of Liability), Section 6 (Indemnification), Section 7 (Dispute Resolution) and Section 8 (Miscellaneous).
• Contact. Feel free to contact us by sending an email to email@example.com with any questions about this agreement. The Vennd Platform is operated by:
10125 Colesville Rd, Ste 152
Silver Spring, MD 20901
VENND TERMS OF SERVICE