Change, Suspension or Termination.
The following outlines the basic terms for user conduct and use of the Service:
1. You must be at least 13 years old to use the Service.
2. You must not use the Service to obtain images of people other than yourself at the Event other than those people who happen to be in your vicinity at the time the SocialVenu image is taken and would reasonably be included in the image that includes you.
3. You must not alter any SocialVenu image that you obtain through the Service.
4. You must not access or use the Service for any commercial purpose.
5. You must not use the Service in any manner that violates or infringes on someone else's intellectual property rights, or rights of publicity or privacy.
6. You must not use the Service for any unlawful purpose or for the promotion of
defamatory, hateful, misleading, false, threatening, pornographic, sexually suggestive, violence inciting, immoral, or inappropriate activities.
7. You must not use the Service to bully, intimidate, harass or disparage any person
whose image is discernible through the Service or otherwise.
8. You are responsible for any activity that occurs through your account, and you agree you will not sell, transfer, license or assign your account, followers, username, or any other account rights.
9. You must not create an account for anyone other than yourself.
10. You must not solicit, collect or use the login credentials of other users of the Service without specific permission.
11. You represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
12. You must not interfere with the proper functioning of the Service.
13. You must not make any automated use of the Service system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
14. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
15. You may not inject content or code or otherwise alter or interfere with the way our page is rendered or displayed in a user's browser or device.
16. You must not use domain names or web URLs in your username without prior written consent from us.
17. We reserve the right to refuse access to the Service to anyone for any reason at any time.
18. We reserve the right to force forfeiture of any username for any reason.
19. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service; and (ii) “User Content” means any Content that account holders (including you) provide to be made available through the Service (e.g., via message boards, chat rooms, personalized forums, via the comment functionality and other interactive features of the Service. Content includes without limitation User Content.
Posting and Conduct Restrictions.
You are solely responsible for the User Content that make available on or through the Service. We, however, reserve the right to remove any User Content from the Service at our discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
1. You are solely responsible for your account and the activity that occurs while signed in or while using your account.
2. You will not post information that is malicious, false or inaccurate.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. SocialVenu does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor your interactions with the Service.
Online Content Disclaimer.
Opinions, advice, statements, offers or other information or content made available through the Service, but not directly made available by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by third parties. We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts or sends over the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
Links to Other Sites and/or Materials.
As part of the Service, we may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to Service users. We have no control over Third Party Sites and Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern such separate systems. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the site.
Rights Granted by you.
By attending any Event at which the Service is available, or by accessing or posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to SocialVenu a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of any SocialVenu image with you in it, all such User Content and your name, voice, and/or image/likeness as contained in such SocialVenu image and your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Service (including the SocialVenu image itself) or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Rights and Terms for Apps.
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. As between the App Provider and SocialVenu, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SocialVenu.
4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
7. You represent and warrant that (i) you are not 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must also comply with all applicable third-party terms of service when using the App.
SocialVenu respects copyright law and expects its users to do the same. It is SocialVenu’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
User Consent to Receive Communications in Electric Form.
For contractual purposes, you consent to receive communication from us in an electronic form via the email address you have submitted. We may also use your email address to send you other messages, including information about us and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org.
Disclaimers. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR THE RELIABILITY OF THE SERVICE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS AVAILABLE" AND "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE). SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOCIALVENU AND YOU.
Governing Law and Forum Choice.
INFORMATION WE COLLECT
The types of personal information we collect and our privacy practices depend on whether you are a business customer, a user, or a visitor and the requirements of applicable law. Business Account Creation: When you create a business account to use our Services, we collect your name, title, email and physical address, phone number, username, and password. User Account Creation: When you create a user account through our business customer’s mobile app, we and our business customers collect your name, email address, phone number, username, and password.
Your Images/Facial Analysis: Our business customers may decide to include image analysis functionality through Amazon’s Rekognition services that reviews photographic images to determine things like mood, age range, eyes open or shut, glasses, and facial hair. You can learn more at: https://aws.amazon.com/rekognition/. Your choices regarding this feature are listed below.How You
Use the Services.
We may collect the types of content you interact with and the frequency and duration of your activities. We may capture information about the photos you share on social media such as how many likes.. We may also add information to your account that we receive from our business customers or from social networking sites.
We may collect Information from your devices automatically when you access our Services, depending on the permissions you’ve granted. This information may include the operating system, hardware version, device settings and unique identifiers, device locations (including specific geographic locations), your mobile operator or ISP, browser type, language, IP address, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with your account and other devices.
Cookies, Analytics and Interest-Based Advertising
• Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
• Analytics. We may also use Google Analytics, MixPanel and other service providers to collect information regarding visitor behavior and visitor demographics on our site and Services. For more information about Google Analytics, please visit www.google.com/ policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com /dlpage/gaoptout. Our uses of such Technologies fall into the following general categories:
This includes Technologies that allow you access to our site, Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
We may use Technologies that allow us to offer you enhanced functionality when accessing or using our site and Services. This may include identifying you when you sign into our Site or Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising or Targeting Related.
We may use first party or third party Technologies to deliver content, including ads relevant to your interests, on our site and Services or on Third Party sites.
Third Party Websites, Social Media Platforms and Software Development Kits
The Services may contain links to other websites and other websites may reference or link to our site or other Services. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.Our Services may include publicly accessible blogs, forums, social media pages, and private messaging features. By using such services, you assume the risk that the personal information provided by you may be viewed and used by Third Parties for any number of purposes.We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your personal information to provide content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
Information from Other Sources.
We may obtain information about you from other sources, including through our business partners, third party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service like Facebook or Google, or a social networking site, we may collect information about you from that third party application that you have made public via your privacy settings such as your name, your user identification number, your user name, location, gender, birth date, email, and profile picture.
HOW WE USE YOUR INFORMATION
Communicating with Us. The personal information you provide to us is used to help us communicate with you. For example, we use personal information to communicate with you about your account, events and Services, solicit your feedback, conduct surveys, verify your identity and provide technical support.
Providing the Service.
We may use personal information to measure interest and engagement, conduct research and development, provide and improve our Services, develop new Services, ensure internal quality control, prevent fraud or prohibited or illegal activities; enforce our terms, and customize the user experience.
Posting and Tagging.
Any content you provide on the third party social media services may be considered “public” depending on your settings and is subject to the privacy policies of the third party sites. You should also be aware that when you share information publicly, it may be indexable by search engines.
Registering for Sweepstakes or Contests.
De-identified and Aggregated Information Use.
We also aggregate information in order to track trends and analyze use patterns on the site. We may use personal information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our site and Services. Sharing
Content with Friends or Colleagues.
Our site and Services may offer various tools and functionalities. For example, we may allow you to forward or share content with a friend or colleague.
HOW WE SHARE INFORMATION
Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust personal information include service providers for the provision of: IT, communications and related services; information and Services; payment processing; customer service activities; and the provision of the site and Services. Those vendors use your personal information only at our direction and in accordance with our agreements with them.
Information We Process on Behalf of Our Business Customers.
We may provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
Marketing – Interest-Based Advertising and Third Party Marketing.
Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the site and Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.
Disclosures to Protect Us or Others.
We may access, preserve, and disclose your personal information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; respond to your requests; protect your, our or others’ rights, property, or safety; to enforce our policies or contracts; to collect amounts owed to us; when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or if we, in good faith, believe that disclosure is otherwise necessary or advisable.Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
HOW WE PROTECT INFORMATION
YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
If you would like us to delete your personal information or your account, transfer your data, remove your photo or untag you from the Service, please contact email@example.com. Be sure to tell us where you are in the photo, and we will remove you from it by blurring or covering your image. To protect your privacy, we will take steps to verify your identity before fulfilling your request.You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. You may also indicate that you do not wish to receive marketing communications from us in the “Settings” section of the site. Please note that notwithstanding the promotional preferences you indicate, we may continue to send you administrative emails.We may send you push notifications through our mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your device. We may also collect location-based information if you use our Services. You may opt-out of this collection by changing your device settings. “Do Not Track” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising
You may stop or restrict the placement of technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can learn more about targeted advertising and exercise consumer choice at www.networkadvertising.org /managing/opt_out.asp, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
The site and Services are not directed to children under 13 (or other age as required by law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.