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© 2018 VENNDY. All rights reserved.

Terms & Copyrights

Terms of Use

Thanks for using VENNDY's tools and services. These Terms of Use ("Terms") are provided by VENNDY’s owner, Revi Baron ("We" "Us" or "VENNDY") to you ("You" "you" "your" or "User/s"), and regulate and govern the terms under which you shall access and use of VENNDY's website ("Site"), including the VENNDY Blog, tools and services (all together, including the Site, the "Tools"). Please read these Terms carefully and contact us if you have any questions. By accessing or using the Tools, You sign that You have read, understood and agree to be bound by these Terms, by our Privacy Policy and by our Cookies Policy (which are part of these Terms) as they may be updated from time to time. If you do not agree with the Terms, you shall discontinue using the Tools immediately. In case of any conflict between these Terms and the VENNDY Blog’s Terms of Use, VENNDY Terms will control.

A. THE TOOLS

VENNDY provides a Beta version of affiliate marketing monetization Tools for digital content publishers. Users can insert their affiliate links and share them in the form of widgets on their website and social media. For a full disclosure of the Beta Disclaimer – please read Section I of these Terms.

1. Who can use VENNDY’s Tools

You may use VENNDY only if you can legally form a binding contract with Us, and only in compliance with these Terms and all applicable laws. When you create your account, you must provide us with accurate and complete information. The use of VENNDY’s Tools is restricted to those individuals 18 years of age or older that are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By using the Tools, you hereby represent that You are 18 years of age and have the authority to enter into the agreement under these Terms. If you’re based in the European Economic Area ("EEA"), you may only use VENNDY if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of VENNDY has been provided to us.

Some of our Tools may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Tools, and these Terms will apply to such upgrades.

2. Our license to you

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Tools, in accordance with these Terms and our policies and subject to your (i) opening an account with Us; (ii) subscribing as set forth on the Site and herein; and (iii) adhering to the terms and conditions of these Terms.

If We have a reason to believe that the information provided by you to register and use any of the Tools breaches or is likely to breach any of the provision in these Terms, VENNDY at its sole discretion may take any action that it deems appropriate including without limitation, to terminate your account.

If we disable your account for not being in line with our policies, you will not create another one without our permission.

If you select a username or similar identifier for your VENNDY, we reserve the right to remove or reclaim it if we believe it is inappropriate.

3. In order to use the Tools:

You shall register as a User by providing certain details, such as, your name, password and valid email address. We encourage you to use your real name. If you are accessing the Tools on behalf of a business, company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

You are responsible for all activity that occurs under Your account, including any activity by unauthorized Users. You must safeguard the confidentiality of Your password.

We reserve the right in our sole discretion to add, change, discontinue or otherwise modify elements and features to the Tools any time. We will post notifications regarding such changes on the Site. It is, therefore, important that you review these Terms regularly to ensure you are updated regarding any changes. In addition, in order to use certain parts of the Tools, you may be required to agree to additional terms and conditions. Those additional terms are hereby incorporated into these Terms as an integral part hereof.

You are allowed to create only one free account per domain. Creating 2 free accounts on the same domain will require Our written approval.

By accepting these Terms when you sign up, you allow us to send you emails such as leads, product updates, newsletter and more. You can unsubscribe anytime.

B. YOUR CONTENT

1. Posting content

VENNDY allows you to post and curate content, including photos, comments, links, your own designated affiliate links and other materials. Anything that you post or otherwise make available on our Tools is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to VENNDY.

2. Rules of use

You shall at all times use the Tools in accordance with these Terms. You shall ensure that your use of the Tools, including the submission of the User Content: (a) comply with all applicable laws and legislations; (b) do not infringe any intellectual property rights or other proprietary rights of any third party, including but not limited to remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels contained on the Site or create derivative works based on the Tools; and (c) not reasonably be deemed to: be offensive, illegal, inappropriate or in any way, or promote racism, bigotry, hatred or physical harm of any kind against any group or individual; harass or advocate harassment of another person or exploit people in a sexual or violent manner; display pornographic or sexually explicit material; promote any illegal activities or any conduct that is abusive, threatening, obscene, defamatory or libelous; use the Tools to store or transmit Malicious Code, data mine, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any part of the Tools or in any way ascertain, decipher, or obtain the communications protocols for accessing any part of the Tools, or the underlying ideas or algorithms of any part of the Tools, in an effort, for example, but without limitation to develop other applications or services that provide similar or substitute or complimentary functionality to such part of the Tools; promote or contain information that you know or believe to be inaccurate, false or misleading; invade or violate any third party’s right to privacy; send unsolicited communications (such as "SPAM") or any communication not permitted by applicable law.

3. How VENNDY and other users can use your content

By creating and uploading User Content using VENNDY’s Tools, you grant VENNDY, its affiliates, licensees and its users, a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, distribute, share, reproduce, re-VENN, create sub-links, modify, prepare derivative works of and perform the User Content on VENNDY, solely for the purposes of operating, developing, providing, and using the VENNDY Tools. Nothing in these Terms shall restrict other legal rights VENNDY may have to User Content, for example under other licenses.

We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies, and User Content which may be misleading, inappropriate or irrelevant to VENNDY’s predefined categories.

4. Your Responsibility for your User Content

We take no responsibility and assume no liability for any User Content that you or any other User or third-party upload to the Site. You shall be solely responsible for your User Content and the consequences submitting it, and you agree that We are only acting as a passive conduit for the presentation of Your User Content. You understand and agree that you may be exposed to User Content that is inaccurate or otherwise unsuited to your purpose, and you agree that We shall not be liable for any damages You allege to incur as a result of User Content. The User Content does not necessarily represent the views or opinions of VENNDY, and We make no guarantees as to the validity, accuracy or legal status of any User Content.

5. Compliance with Laws

Without limiting any other provision of these Terms, you and anyone acting on your behalf (employees, consultants and representatives), and the activities of your business (including websites, blog, social media platforms) shall comply at all times with all (i) applicable federal, state, provincial and foreign laws, ordinances, rules, regulations, orders, judgments and decrees and (ii) applicable terms, agreements and requirements set by any affiliate network and affiliate program you may be associated with or act as a publisher or affiliate to, for any specific guidance or requirements to comply with law and regulations, including, but not limited to FTC regulations and GDPR, relating to your use of their products and services, and the use of such products and services within the VENNDY Tools.

6. VENNDY’s right

VENNDY reserves the right to refuse to publish any User Content, remove User Content (in whole or in part) or edit the category of User Content, without any prior notice, if VENNDY has reason to believe that the User Content is inappropriate or irrelevant to the display, or that your use of the Tools breaches these Terms or our other policies.

7. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from VENNDY, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, VENNDY and its users may retain and continue to use, store, display, reproduce, create derivative works, perform, and distribute any of your User Content that other users have saved, by liking it or otherwise, or shared through VENNDY or other social media platforms.

8. Feedback you provide

We are always interested in learning about ways we can make VENNDY better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, VENNDY does not waive any rights to use similar or related feedback previously known to VENNDY, or developed by its employees and consultants or obtained from sources other than you.

C. FEES

We currently provide Users with a free subscription to access and use the Tools, but we may add in the future the option to use additional specifications that will be subject to fees as will be set out on the Site ("Fees"). We have the right to add new services and change the specification of the subscription from time to time against the payment of a fee, or additional taxes and rates, or to change the current prices and Fees, at any time. Certain terms on these Terms will be updated to accommodate such changes.

D. PROPRIETARY RIGHTS

1. Copyright Policy

VENNDY has adopted and implemented the VENNDY Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

2. Third party data

All title and intellectual property rights in and to any data of any third party which may be linked to or viewed in connection with the Tools is the property of the respective data owner and may be subject to terms and conditions of third parties that duly licensed such content to us. We claim no ownership rights and take no responsibility over any kind of information, offer and recommendation displayed on the Site.

3. Third-party links, sites, and services

Our Tools may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by VENNDY. We do not endorse or assume any responsibility for any such third-party sites, information, materials, Tools, or services. The use of any such third-party website, service, or content shall be at your own risk and subject to the terms and conditions of the third-party website provider. You agree that VENNDY will have no liability arising from your use of or access to any third-party website, service, or content.

E. SECURITY

1. Users

While we work to protect the security of your content and account, VENNDY cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

2. Server downtime and maintenance

Our servers may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. We may attempt to inform You if such downtime is planned, but we are under no obligation to do so. You agree that we are not liable for the unavailability of our Tools.

F. DISCLAIMERS

The Tools and all content on VENNDY are provided on an "as is" basis without warranties of any kind, whether expressed or implied. As we are still in Beta stage, we do not warrant that the materials and content displayed on this Site will be uninterrupted or error-free, or that this Site or servers are free of viruses or other harmful components. For a full disclosure of the Beta Disclaimer – please read Section I of these Terms.

VENNDY makes no representations or warranties as to the merchantability of its Tools, fitness for any particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

VENNDY takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or transmits using our Tools. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.

YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THESE TERMS OR OUR TOOLS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR TOOLS, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR TOOLS, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.WE ARE NOT RESPONSIBLE FOR ANY LOSSES INCURRED AS THE RESULT OF YOUR DECISION TO USE OUR TOOLS. YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF OUR TOOLS FOR YOUR PURPOSES OR FOR YOUR WEBSITE AND THE IMPLEMENTATION OF THE TOOLS ON YOUR WEBSITE IS AT YOUR OWN RISK AND RESPONSIBILITY. WE ARE NOT LIABLE FOR ANY FAILURE OF THE TOOLS, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR TOOLS TEMPORARILY OR PERMANENTLY.

G. INDEMNITY

You agree to indemnify and hold Us and Our managers, officers, directors, employees and agents, when applicable, harmless for any claims by you or any third party which may arise from or relate to these Terms or the provision of our Tools to you, including any damages, suits, proceedings, disputes, demands, liabilities, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees caused by (1) your access to or use of our Tools and Site or acceptance of the offers contained on it; and/or (2) your breach of any of these Terms; and/or (3) your User Content, including infringement of third party’s intellectual property. You also agree that you have a duty to defend Us against such claims and We may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, We may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though We had proceeded with a trial. In no event shall We have any liability for any lost profits or revenues or for any indirect, special, incidental, consequential cover or punitive damages however caused.

H. LIABILITY

1. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENNDY SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CASUED, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE TOOLS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE TOOLS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL VENNDY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TOOLS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

2. Users in the EEA

If you are a user in the EEA, VENNDY’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. VENNDY isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability is limited to the compensation of actual damage. This limitation of liability do not apply to any statutory liability that cannot be limited, and do not limit or exclude VENNDY’s liability in the event of harm to life or health caused by our negligence or willful misconduct.

I. BETA DISCLAIMER

Please note that this is a beta version of the VENNDY Site ("Beta") which is still undergoing final testing before an official release. The Site, its software and all content found on it are provided on an "as is" and "as available" basis. VENNDY does not give any warranties, whether express or implied, as to the suitability or usability of the Site, its software or any of its content. During the Beta stage VENNDY is not obligated to provide you with any maintenance, technical or other support for the Tools.

VENNDY has no express or implied obligation to announce or make available a release of an official version of the Tools and Site to anyone now or in the future. Should an official version be made available, it may have features or functionality that are different from those found in the Beta stage provided under these Terms.

If and when an official version will be released, We will be offering to Beta users, who use the Tools during the Beta stage, a free three-year subscription to our Tools, based on terms and conditions that will be determined at the time of an official release. If no official version will be released, We will have no obligation to Beta users.

In no event shall VENNDY be liable for any damages whatsoever (including without limitation, damages for loss of profits, business interruption, loss of information, whether such loss is direct, indirect, special or consequential) arising out of the use of the or inability to use the Tools and the Site, even if VENNDY has been advised of the possibility of such damages. Any downloading or uploading of material to the Site is done at the user’s own risk.

As a Beta tester, should you encounter any bugs, glitches, lack of functionality or other problems with the Tools and on the Site, please let us know immediately so we can rectify these accordingly. You can contact us at the email address at the end of these Terms. Any improvements, modifications and changes arising from or in connection with the Beta stage comments and your contribution will remain or become the exclusive property of VENNDY.

J. GENERAL TERMS

1. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of state of Israel. If you are not a consumer in the EEA, each party consents to, and agrees that each party is subject to, for all disputes arising from or in connection with this agreement the exclusive jurisdiction of the court of Tel Aviv, Israel and our dispute will be determined under Israeli law. If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country. 

2. Notification procedures and amendments to these terms

VENNDY may revise these Terms from time to time and the most current version will always be posted on this page. You must read this page each time you use the Tools and, if it has changed, you agree to any amendments through your continued use of our Tools. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Tools after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Tools.

3. Force major

You agree that We are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

4. Assignment 

You may not assign your rights and licenses and/or obligations under these Terms to any other party. Any attempted transfer or assignment in violation hereof shall be null and void. We may assign our rights and/or obligations under these Terms without restrictions to any other party at our discretion.

If you’re a consumer in the EEA, either you or VENNDY may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by VENNDY, you are entitled to terminate the agreement with immediate effect by deactivating your account. VENNDY will provide you with reasonable notice of any such assignment.

5. Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with VENNDY shall constitute the entire agreement between you and VENNDY concerning the Tools. If any provision of these Terms is deemed invalid, or found to be unlawful, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. If two or more provisions in these Terms are deemed to conflict with each other’s operation, VENNDY shall have the sole right to elect which provision remains in force.

6. No waiver 

VENNDY reserves all rights afforded to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any right or provision under these Terms or any applicable law shall not constitute a waiver of such right or provision.

7. Termination

VENNDY may terminate or suspend, at any time this license and your account, with or without cause or notice to you. Upon termination, you continue to be bound by the applicable sections of these Terms. We may also terminate the access to your account as well as access to our Site and Tools at Our discretion, without explanation. Under no circumstances, including termination or cancellation of our Tools, will We be liable for any losses related to actions of other Users. In any event of termination or cancellation of these Terms and agreement between us, the VENNDY Tools will stop running on the Users websites and social media accounts.

For any question please contact us.

Effective May 1, 2018
Last updated August 28, 2018

Copyrights

Copyrights on VENNDY: VENNDY acts in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this email address, specifying the following information: (1) the contact details of the person authorized to act on behalf of the owner of the copyright, including an email address; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit VENNDY to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed; and (6) Include your full name and your electronic or physical signature.

In the event that VENNDY receives notice regarding a copyright infringement related to your User Content, it may cancel your account or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address and phone number; (2) identification of the material and its location before removal (the web address of the content removed); (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) a statement that you consent to an appropriate judicial body; (5) any other information required under the relevant provisions of the DMCA; and (6) a physical or electronic signature. Any notices filed pursuant to this section may be deemed accepted, applicable and compliant with the DMCA, or not, at VENNDY’s sole reasonable discretion. VENNDY reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

VENNDY’s Copyright: You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission, unless it is in relation to a project which you are authorized to work on. We reserve all rights, title, interest in and to the Tools and the Site, and all related IP rights.

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