Terms of Use & Privacy Policy
Effective: January 1, 2023
Thank you for choosing to be part of our SocialVenu’s community of video creators. We are committed to protecting your personal information. This is SocialVenu’s Terms of Use and Privacy Policy (“Privacy Policy”) which govern show our customers and we, SocialVenu (“we”, “our” or “us”), located at 4415 Piedmont Ave. Oakland, CA 94611, utilizes and stores personal data we collector receive from you (“you”) as a user (“user”) or our customers, and it governs your use of the SocialVenu’s platform.
These Terms of Use & Privacy Policy are a legally binding agreement between you, us, SocialVenu and our customers. When you create an account, you create videos (“Videos”) on our Platform or share content through the SocialVenu WebApp, you are opted in as a user of our Platform (the “Platform”).
Terms of Use
How you become a use of the Platform:
1. You create or are invited to create an account on our web application, available at: https://www.socialv.io or https://www.socialvenu.com (“WebApp”) or the Platform (defined below).
2. You create videos on our WebApp or Platform.
3. When you are viewing, accessing, interacting, or otherwise using the content created on our Platform.
Videos you create on the Platform
We greatly appreciate you creating videos on the Platform on behalf of you, our customer, or your employer that directed you to our WebApp. By creating videos our WebApp, you 100% release the ownership, rights of the videos you create. Our customers and SocialVenu have the absolute right to utilize, share, repurpose and monetize the videos you create on the Platform. You have no right to any compensation for any videos created on the Platform. If you share the videos you have created in other media, we retain and exclusively own all right, title, and interest in and to our trademarks, copyrights, or other intellectual property rights in and to the content or otherwise contained in the Platform.
How your Videos are used on the Platform
Videos are used for marketing, sales, and support purposes. Our customers and SocialVenu can utilize videos created for their own purposes, including but not limited to their website, marketing, and sales initiatives. The videos that you create can be utilized by the platform worldwide, including but not limited to the platform’s website plug-ins, the platform’s YouTube business directory, and the platform’s social media outlets.
You are responsible for the videos you create. By posting a video, you agree that:
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.
3. You will not post content that infringes on a third-party’s intellectual property rights of any kind.
4. You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
5. 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 Platform is solely your responsibility. We are not responsible for any public display or misuse of your 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.
6. You agree to defend and indemnify SocialVenu and any of its agents, representatives, customers, employees, officers, or directors in any third-party action against them that arises from a video you posted that violates this Privacy Policy or any third-party’s intellectual
Privacy Policy
We greatly respect your privacy, which is why we make every effort to provide a Platform that protects your personal information. Please read this Privacy Policy carefully. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify users or user behavior.
WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED
When you browse, or visit, ourWebsite or Platform, we collect data about you through Cookies, analytic tools, and log files.
When our Customers and/or you have signed up to use our Platform, you will provide us with your sign-up information which may include your name, your email address, your mobile number, and/or IP addresses. While using our Platform you may provide us with other information such as videos, pictures, and/or any other content that you choose to upload to our Platform. We collect this information in order to allow you to use and access our Platform, create content using our Platform and to otherwise use the services provided by the Platform. We may store some of this information on third-party servers and as needed may utilize this information with third-parties services, like YouTube.
When you are a user and you are viewing, accessing, interacting, or otherwise using the content created via ourPlatform, we may collect information from you which may include your name, your email address, your mobile number, and/or IP addresses. While using our Platform you may provide us with other information such as videos, pictures and/or any other content that you choose to upload to our Platform. We collect this information in order to allow you to use and access our Platform, create content using our Platform and to otherwise use the services provided by the Platform.We may store some of this information on third-party servers and as needed may utilize this information with third-parties services, like YouTube.
Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.
How we protect and retain your information and videos
Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
Retention of your Videos and Personal Data. We will store your Videos and Personal Data for up to 36 months after ourCustomers discontinue the use of our Platform. For example: (i) for our customers and/or the platforms marketing, sales, and support features; (ii)where we are required to do so in accordance with legal, regulatory, tax or accounting requirements; (iii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges; or (iiii) if we believe there is a prospect of litigation relating to your Personal Data or dealings.
How We Share Your Personal Data
We share your Personal Data with:
1. Our hosting providers.
2. Our customers, service providers, and partners.
3. Our staff and other entities within our group.
We may also share your Videos and PersonalData as follows:
1. With regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
2. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;
3. In the event that we are acquired by, or merged with, a third-party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events; and/or
DMCA/Copyright Policy
SocialVenu respects copyright law and expects its users to do the same. It is SocialVenu’s policy to terminate inappropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders and to comply with the Digital Millennium Copyright Act to the fullest extent of the law.
HIPAA Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
· Protected HealthInformation (PHI) can be used for marketing or advertising purposes. PHI is limited to first name, last initial, the user generated video images and its included language.
· Patient authorization is granted by accepting these Terms of Use and needs no further authorization.
· As it relates to SocialVenu and the SocialVenu platform, no PHI beyond the actual user generated video will be shared or used in a means that would dictate the associated healthcare provider to use or disclose PHI without written authorization.
· Questions regarding this notice should be directed to support@socialvenu.com
· This notice took effect January 1, 2023.
· With written request by the user, the consent to utilize a patient generated video may be revoked at any point by sending an email request to: support@socialvenu.com.
Patient Testimonial Advertising
Through the acceptance of these Terms of Use, you the patient authorize the associated healthcare provider and its staff to use the self-generated video images of yourself, and the attached transcribed testimonials, for the purposes of advertising and marketing.
You the patient acknowledge and understand that the video images and likeness of oneself, maybe included in, copied, circulated, and distributed by various means of print and electronic media, such as website, email, social media, SMS and print.
· The date of acceptance of these terms grant usage rights in perpetuity unless revoked by the patient/user.
· The associated healthcare provider is directly tied and named under the account these Terms of Service were accepted within. If further contact information is needed, please request at: support@socialvenu.com.
· The name, video images and additional information provided by the patient/user when accepting these terms are from whom authorization has been granted.
· The date and time these Terms of Use are accepted are deemed as the date and time authorization has been granted.
· With written request by the user, the consent to utilize a patient generated video may be revoked at any point by sending an email request to: support@socialvenu.com.
Storage of Personal Data
Storage and access: We store your information on servers in the US and may have access to your information globally.
Privacy Rights: You may have certain rights under applicable privacy laws, such as accessing, correcting and deleting Personal Data, objecting to processing of Personal Data, withdrawing of consent to processingPersonal Data. To the extent such privacy laws apply to you, we will respect your rights and comply with such laws.
You can exercise your rights by contacting us at support@socialvenu.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfill your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
Use by Children
We do not offer our products or services for use by children and, therefore, we do not knowingly collect Personal Data from, and/or about children under the age of 13. If you are under the age of 13, do not provide any Personal Data to us without involvement of a parent or a guardian. In the event that we become aware that you providePersonal Data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at: Support@SocialVenu.com.
Interaction with Third-Party Products
We enable you to interact with third-party websites, mobile software applications, and products or services that are not owned or controlled by us (each a “Third-Party Service”). We are not responsible for the privacy practices or the content of such Third-PartyServices. Please be aware that Third-Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third-Party Service.
Log Files
We use log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the Website and/or Platform, track users’ movement around the Website and/or Platform, and gather demographic information.
User Consent to Receive Communications in Electric Form
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 email preferences or sending an email to Support@SocialVenu.com.
Your Choices
You have certain choices about yourPersonal Data. Where you have consented to the processing of your PersonalData, you may withdraw that consent at any time and prevent further processing by contacting us as described in this Privacy Policy. Even if you opt-out, we may still collect and use non-Personal Data regarding your activities on our services and for other legal purposes as described above. While we cannot guarantee privacy perfection, we will address any issue to the best of our ability as soon as possible. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request. To opt out of SocialVenu collecting your personal data, email us anytime at Support@SocialVenu.com.
Legal Information and Dispute Resolution
Notice. Any notices or other communications provided by SocialVenu under these Terms of Use, including those regarding modifications to these Terms of Use, will be given: (i) via email; or(ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Communication made through the Service's e-mail and messaging system, will not constitute legal notice to us or any of our officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation.
Disclaimers. USE OF THE PLATFORM ISAT YOUR SOLE RISK. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR THERE LIABILITY OF THE PLATFORM . YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE PLATFORM SHALL BE AT YOUR SOLE RISK. THE PLATFORM 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 TOBE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Limitation of Liabilities.SOCIALVENU WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATAOR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOCIALVENU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OFITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SOCIALVENU’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THEUSE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVEP AID TO SOCIALVENU FOR USE OF THE SERVICE OR CONTENT OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. 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.These Terms of Use and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State ofCalifornia, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the “Dispute Resolution” Section, the exclusive jurisdiction for all Disputes that you and SocialVenu are not required to arbitrate will be the state and federal courts located in theNorthern District of California, and you and SocialVenu each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution
Mandatory Arbitration of Disputes. You and SocialVenu each agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform or Content(collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and SocialVenu agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use, and that you and SocialVenu are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.
Exceptions and Opt-out. As limited exceptions to the “Mandatory Arbitration of Disputes” Section above: (1) you may seek to resolve a Dispute in small claims court if it qualifies; and (2) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at Support@SocialVenu.com or by regular mail at6114 La Salle Ave, Suite 208, Oakland, CA 94611 within thirty (30) days following the date you first agree to these Terms of Use.
Conducting Arbitration andArbitration Rules. The arbitration will be conducted by the AmericanArbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAARules”) then in effect, except as modified by these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAARules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Class Action Waiver. YOU AND SOCIALVENU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this “Dispute Resolution” Section shall be null and void.
Effect of Changes on Arbitration.Notwithstanding the provisions of “Miscellaneous” Section below, if we change any of the terms of this “Dispute Resolution” Section after the date you first accepted theseTerms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by us written notice (including by email tosupport@socialvenu.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SocialVenu in accordance with the terms of this “Dispute Resolution” Section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
Severability.
With the exception of any of the provisions of these Terms of Use ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms of Use is invalid or unenforceable, the other parts of these Terms of Use will still apply.
Events Beyond Control. Under no circumstances shall we be held liable for any delay or failure in the Service directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts ofGod, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of liabilities paragraph of these Terms of Use.
Modification
SocialVenu reserves the right to amend or terminate these Terms of Use & Privacy Policy at any time with out notice.
How to Contact Us
If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at support@SocialVenu.com.
