TERMS AND CONDITIONS
The Venue and Menu platform is a website dedicated to home design, lifestyle and cuisine, and brings together professionals, service providers, products and design enthusiasts. Via our shop and media outlets we offer ideas, information, products and services relating to synesthetic lifestyles and livelihoods.
Thank you for being a part of Venue and Menu, our products and services are provided by AliasColor. These Terms of Service (“Terms”) are a legally binding contract and govern your access to and use of Venue and Menu’s website and services (collectively, “Services”). By participating in the purchase or sale of goods ( in the "Shop") on the Venue Platform, you are agreeing to these terms, It is important that you carefully read and understand these Terms. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Services.
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.
Changes to Terms or Services
Venue and Menu reserves the right to change these Terms at any time, at our discretion. In addition, Venue and Menu may change, or stop providing certain Services, at any time. All changes will be effective immediately. By agreeing to these Terms, you consent that a continued use of the Services following such changes constitutes an acceptance of any changes to these Terms.
Accessing some of Venue and Menu’s services will require the user to sign up for an account. Use by anyone under the age of 13 is prohibited. Registering means that you consent to provide us accurate, complete and current information, and also agree to update it as needed. The user is solely responsible for his or her account, as well as all and any activity associated with the account, including maintaining the confidentiality of your password.
If creating a professional or brand account on behalf of a company, organization or other entity (a “Business”), you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms on behalf of such Business, to bind such Business to these Terms, and that you agree to these Terms on behalf of the Business.
Purchase of any Goods or Products or Services from Venue and Menu, implies that you agree to pay all applicable fees and taxes. You authorize us to store your payment information to facilitate easy payment for future purchases. By providing your payment information, you represent, warrant, and covenant that you are legally authorized to provide such information and that you are legally authorized to initiate payments using such information.
Products purchased through our Service may be sold by Venue and Menu, affiliate retailers or third parties. We do not represent, warrant, or guarantee that Product descriptions or pricing are accurate, complete, reliable, current, or error-free.
For more information on our returns and/or exchange policy.
USE OF SERVICES
The Services provided by Venue and Menu are designed exclusively for personal use and do not extend to any for-profit or commercial activities, except if expressly permitted by these Terms.
None of the materials or intellectual property showcased by Venue and Menu may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted in these Terms. We prohibit any use of data mining, or any other data gathering and extraction tools in the use of the Services.
You are permitted to view and print a reasonable number of copies of content from the Services for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that: (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials; (b) you provide attribution to Venue and Menu; (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind; and (d) any such copies are subject to the terms and conditions of these Terms and remain the property of Venue and Menu.
You understand and agree that you may not authorize any content to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and agree that you will take all necessary steps to prevent any unauthorized reproduction or other use of the content. Failure to abide by these terms and conditions will immediately terminate this limited permission and may result in the infringement of the copyrights and/or trademarks and other proprietary or intellectual property rights of Venue and Menu, our affiliates and contributors.
The rights granted to you constitute a limited license and not a transfer of title. All rights, titles, and interests in and to the Services (excluding content provided by users) are and will remain the exclusive property of Venue and Menu and its affiliates. The Services are protected by copyright, trademark, other laws of Canada, and possibly by jurisdictions outside of Canada.
Nothing in these Terms gives you a right to use Venue and Menu’s content or intellectual property, including but not limited to Venue and Menu’s name, trademarks, logos, domain names, other distinctive brand features, or copyrights.
Subject to these Terms, Venue and Menu grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the Services provided by Venue and Menu, in the manner permitted by these Terms.
We provide no guarantees regarding the content posted by other users or third parties. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any losses or damages of any kind incurred as a result of the use of any content.
User Generated Content
The Services allow users to post content, including photos, photo collections, stories, comments, recommendations, photo and story credits, links, and other materials. Anything that you post or otherwise make available on the Services is referred to as "User Content." By choosing to provide User Content, you acknowledge and agree that such User Content may be viewed by the general public and will not be treated as private, proprietary, or confidential. You retain all rights in, and are solely responsible for, the User Content you post to the Service.
You grant Venue and Menu and its affiliates, a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content in any and all media or distribution methods (whether now known or later created) without any further consent, notice, or compensation to you. Furthermore, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral or other rights that you may claim to have in any User Content posted or provided by you.
By submitting User Content, you represent and warrant that such User Content is your own original work, is submitted with the express permission of the owner, or is in the public domain and that you have the right to make the User Content available to us for all of the purposes contemplated in these Terms. You further represent and warrant that such User Content is not defamatory and does not infringe any law or the intellectual property or other proprietary rights of any third party.
You agree that you will not post User Content that violates or encourages any conduct that violates laws or regulations. We reserve the right to remove or modify User Content for any reason, including but not limited to User Content that we believe, in our sole discretion, violates these Terms or our policies. Following termination or deactivation of your account, or if you remove any User Content from the Service, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Venue and its affiliates, and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works of, perform, or distribute any of your User Content that have been stored or shared through the Service.
user code of conduct
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Services by us, other users of the Services and/or any third party. Such restriction includes conduct which is unlawful, or which may, in Venue and Menu's sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Venue and Menu’s computer systems, or the technical delivery systems of Venue and Menu’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Venue and Menu; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services.
Copyright Policy/Intellectual Property Policy
The Services may contain links to third party websites, advertisers, services, or other content that are not owned or controlled by Venue and Menu. We do not endorse or assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from Venue and Menu, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service, or content.
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Terms and Account Termination
These Terms are effective from the date that you first access the Services or submit any information to Venue and Menu whichever is earlier, and will remain effective until terminated in accordance with these terms, except for those terms that survive termination. Venue and Menu may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. Upon termination of these Terms, your right to use the Services will immediately cease. All disclaimers, limitations of liability, indemnification, Venue and Menu rights of ownership and licenses to Venue and Menu will survive any termination.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate Venue and Menu to maintain or support the Services, or any part or portion thereof.
As a condition of your access to and use of the Services, you agree to indemnify and hold harmless Venue and Menu and its affiliates, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Services, (b) your User Content, (c) any breach of your representations, warranties, or covenants under these Terms, or (d) your breach of any of these Terms. You will not enter into a settlement of the foregoing without our prior written approval.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VENUE AND MENU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENUE AND MENU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT DWELL HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or provincial courts located in the City of Toronto, Ontario, Canada. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
Contacting Venue and Menu
VENUE AND MENU | PO Box 64576 Unionville, Markham (Ontario) Canada L3R 2H4
Effective: November 7, 2016