Venyu (Venyu, us, we, or our) has created this privacy statement in order to demonstrate our commitment to your privacy. The following discloses our information gathering and dissemination practices for the Venyu.com website, including all sub-domains under these domains.
You can browse our site without entering any personal information and therefore remain anonymous during your visits. Our web site logs IP addresses for system administration purposes only. IP addresses are logged to track a user’s session, providing us with an idea of which parts of our site users are visiting. We do not link IP addresses to anything personally identifiable. This means that a user’s session will be tracked, but the user will be anonymous. In addition, we maintain system logs for periods of short duration which allow us to manage system usage and capacity and respond to any problems. These system logs can be matched to an individual user, but unless there is a reported problem requiring such matching we do not make any matching.
Additionally, our web sites may utilize on-line order forms for customers to request services. Through these order forms we collect your contact information and financial information. Your contact information from the order forms is used to contact you regarding the status of your account and to send you information about our available services. Financial information that we collect from you is used to bill you for any services to which you subscribe. You can be assured that we will not utilize this information for any purposes other than those stated above, and that we will not sell your contact information to others.
Our web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by our site.
We take every precaution to protect our user’s information. We have security measures in place to protect the loss, misuse, and alteration of information under our control. This information is accessible to select number of employees. Company policy prohibits any unauthorized use, alteration, changes or copies of data.
Supplementation of Information
We will release personally identifiable information about you as is reasonably necessary for the provision of services for which you have subscribed. This includes, but is not limited to:
- provision of financial information to organizations such as VeriSign, PaymenTech, Signio and CyberCash for billing purposes,
- provision of contact and software usage information to our software license providers for the purpose of software licensing compliance, licensing usage calculation, and billing purposes
- provision of your account information to independent contractors providing services in support of our delivery of services to you. Independent contractors to whom we may provide account information for service purposes are required to sign a non-disclosure agreement.
In addition, we may release personally identifiable information necessary for the prosecution or defense of any legal claim or right to which we are a party. We will also release personally identifiable information as required by law.
We require that all account holders be 18 years of age or older. Children are not provided access to any Venyu.com services in which any personal data is collected beyond the collection of a visitor’s IP address and session status. If we become aware that any child has access to our non-publicly available web sites, the account through which the child has gained access will be terminated. No information should be submitted to or posted at any site owned by us by persons under 13 years of age. We do notes not knowingly collect personal information from children under the age of 13. All of our services are open only to persons over the age of 18. If you believe we have collected any information from or about anyone under 13, please contact us immediately at privacy@Venyu.com
Contacts from Our Site / Opt-Out Procedures
If you wish to terminate your account or opt-out of receiving communications from us which are not reasonably necessary for the provision of services to you, please contact us at the address below.
If you have any questions about this privacy statement, the privacy practices of our web sites, or your dealings with our’s web sites, you may contact:
Venyu – Legal Dept.
7127 Florida Blvd.
Baton Rouge, LA 70806
Site and Service Updates
We may send our customers a welcoming email to verify password and username. Additionally, we may send site and service announcement updates to our users. Customers are not able to un-subscribe from service announcements, which contain important information about the service. We may also communicate with our customer to provide requested information and services and in regards to issues relating to their account via email or phone.
Notification of Changes
Thank you for placing your trust with Venyu.
ACCEPTIBLE USE POLICY
IMPORTANT: THIS ACCEPTABLE USE POLICY (THIS “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, AN INDIVIDUAL OR A SINGLE ENTITY (“YOU” or "YOUR"), AND Venyu, INC.("Venyu,” “we,” “us,” or “our”) THAT SETS FORTH THE TERMS AND CONDITIONS FOR THE USE BY YOU OF Venyu'S ASP SOFTWARE APPLICATION AND CONTENT HOSTING SERVICE AND/OR OTHER DOCUMENTATION PROVIDED THEREWITH (THE “SERVICE”). Venyu LICENSES THE SERVICE TO YOU UPON THE EXPRESS CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. BY SIGNING A VALID MASTER SERVICES AGREEMENT, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. EACH TIME YOU ACCESS THE SERVICE, YOU ARE AFFIRMATIVELY STATING THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. Venyu IS UNWILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICE UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Venyu and You are the only parties to this Agreement and are sometimes referred to singularly as a “Party” or collectively as the “Parties.”
1. General. The Service, consisting of access to certain application software, content and/or other information, and other content owned or licensed by Venyu and/or its suppliers, licensors or other third parties (collectively, the “Contributors”), is provided by Venyu, a Louisiana corporation, through the Service located at www.Venyu.com (the “Site”). Venyu agrees to provide the Service outlined in the Venyu Service Level Agreement (the “SLA”) and you agree to strictly abide by all Customer Responsibilities contained in the SLA. The SLA is governed by and subject to the terms and conditions of this Agreement.
2. Restricted License. Subject to the terms and conditions of this Agreement, Venyu hereby grants to You (and You accept) a non-exclusive, non-transferable license to access and use the Service. All rights not expressly granted to You are hereby reserved by Venyu and/or the respective Contributor. Venyu and each Contributor shall have the right to assert and enforce the provisions of this Article 2 directly on its own behalf. You agree (a) to abide by this Agreement and any and all licensing agreements between a third party Contributor and You (collectively, the “Licensing Documents”); and (b) to keep Your authorized Biz@Large account (“Account”) information confidential, including Your password, username and any other information related to the Service (“Account Information”), and to inform Venyu promptly upon the unintended and/or undesired disclosure of any portion of such Account Information.
3. Intellectual Property Rights. It is hereby understood and agreed that as between Venyu and You, Venyu is the owner of all rights, title and interest, including all Intellectual Property Rights (as defined below), to the Service, the Site, and any comments, suggestions, ideas, graphics, questions or other information submitted by You through the Site or the Service (“Submissions”). Venyu shall be entitled to use such Submissions for any commercial or other purpose whatsoever without compensation to you or anyone else. You hereby warrant that no Submissions shall violate any Intellectual Property Right of any third party. For the purposes of this Agreement, “Intellectual Property Rights” shall mean any and all of the following: (a)rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (b)Trademark and trade name rights and similar rights; (c)Trade secret rights; (d)Patents, designs, algorithms and other industrial property rights; (e)All other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated, including, but not limited to logos, “rental” rights, rights of publicity, and rights to remuneration), whether arising by operation of law, contract, license, or otherwise; and (f)All registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).
Except as expressly provided herein, You do not acquire any rights to the Service through the purchase of licenses to the Service or the Site. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code (i.e., the human-readable form of any computer programming code) (“Source Code”) of the components of the Service, or create derivative works based thereon. You also may not download, republish, reproduce, copy, post, transmit, or in any way distribute any material from the Site unless such activities are in direct furtherance of Your permitted use of the Service and do not in any way violate this Agreement or any Licensing Documents.
You are not permitted to: (a) rent, lease, assign or transfer all or any part of the Service and/or Your Account Information to any person or entity without the prior written consent of Venyu; (b) remove any proprietary notices, labels, or marks on any component of the Service (or the Service or Site generally), whether in machine language or Source Code; (c) use the Service to provide a service bureau by which the Service can be accessed by third parties or by which information produced pursuant to the Service is sold or given to third parties via pay per call or other arrangements; or (d) sublicense, assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason without the prior written consent of Venyu. Any attempt to sublicense, assign, delegate or transfer this license, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior written consent of Venyu shall be voidable at Venyu's sole and absolute discretion. Failure to comply with these restrictions will result in automatic termination of this Agreement.
5. Payment. You are responsible for paying all fees and charges (plus applicable taxes) associated with your use of the Service (the “Service Fee”) as such fees become due. Unless otherwise stated in writing from Venyu, You must make payment of all fees and charges by a valid, approved credit or charge card prior to the month during which You wish to access and/or use the Service. Except as otherwise provided in this Agreement, all fees and charges are non-refundable.
6. Term. This Agreement shall continue until terminated pursuant to Article 7 below.
7. Termination. Either Party may terminate this Agreement without reason effective upon ninety (45) days notice to the other Party (“Settlement Period”), or for such other reason as may be set forth in the SLA or any other agreements between the Parties. You recognize that Venyu is anticipating and making other business arrangement to improve the Service based on Your continued use of and payment for the Service during the Settlement Period. The Parties acknowledge that at the time this Agreement is being entered into it would be difficult to ascertain Venyu’s damages if You fail to pay the Service Fee during the Settlement Period. Therefore, You agree to pay Venyu the entire Service Fee due for the Settlement Period and, provided that you make such payment, Venyu agrees to continue providing you with access to and use of the Service pursuant to this Agreement's terms and conditions. Notwithstanding the foregoing, Venyu may immediately terminate this Agreement and Your Account upon (a) Your breach of any provision of this Agreement or (b) any action by you that Venyu determines, in its sole judgment, to interfere with the operation or use of the Service. In the event of immediate termination, Venyu shall be entitled to keep the entire Service Fee for the month in which such termination occurred and you shall not be entitled to any refund thereof. Venyu shall also have all other rights as may be set forth in the SLA or any other agreements between the Parties. Any provision of this Agreement which may reasonably be interpreted or construed as surviving the termination of the Agreement, shall survive such termination of this Agreement for any reason.
8. JAVA. The Service may contain software written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, including, but not limited to, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.
9. Equipment– Operation. You are solely responsible for acquiring and maintaining all computer hardware and software, telephone, and other equipment, and all communications and other services needed for access to and use of the Service. Venyu reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Service, including, but not limited to, the Service’s content, functionality, the equipment to access or use the Service.
10. Hyperlinked Material. The Site may contain hyperlinks to other sites on the Internet which are not owned or controlled by Venyu. Venyu cannot assume any responsibility for any material on such sites, or any other material outside of the Site, which is accessed directly or indirectly by any such hyperlink.
11. Security and Data Storage. You shall not permit or allow other persons to have access to or to use Your Account Information other than Your employees, consultants or agents who have been notified of the restrictions set forth in this Agreement, absent Venyu’s prior express written consent. You agree to maintain the confidentiality of all of Your Account Information and agree to be primarily responsible for all activity pursuant to Your Account. Although Venyu has taken significant measures to ensure the security of information submitted by You in using the Service, Venyu cannot guarantee the security of information collected during Your use of the Service and shall not be liable in any way for compromise of Your data.
12. Relationship of the Parties – Independent Contractor. It is expressly understood and agreed that the relationship between the Parties is as follows: each Party is acting as an independent contractor and is not an agent, partner, or joint venture with the other Party for any purpose. The Parties have no authority to assume or create any obligation for or on behalf of the other Party, express or implied, with respect to this Agreement or otherwise.
13. Venyu DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT OR THE SLA TO THE CONTRARY, THE SERVICE IS FURNISHED “AS IS” AND WITH ALL FAULTS. Venyu MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. Venyu AND ITS CONTRIBUTORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT, ANY WARRANTY THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, AND/OR THE FAILURE TO PROVIDE ADEQUATE SUPPORT FOR THE SERVICE. Venyu DOES NOT WARRANT THAT THE SERVICE IS FREE OF INACCURACIES, ERRORS, BUGS, INTERRUPTIONS OR OTHER PROGRAM LIMITATIONS. NOR DOES Venyu WARRANT THAT THE SITE, OR SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU, AND YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU SPECIFICALLY AGREE THAT Venyu SHALL NOT BE RESPONSIBLE FOR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S) OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSMISSION(S) ENTERED IN THROUGH THE SERVICE, ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION. YOU ALSO AGREE THAT Venyu IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
14. Limitation of Liability. You acknowledge that the operation and availability of the communications systems, including, without limitation, telephone service, computer networks and the Internet, used for accessing and interacting with the Service can be unpredictable and may, from time to time, interfere with or prevent access to or operation of the Service. You acknowledge that Venyu is not responsible for any such interference with or prevention of Your use of or access to the Service.
15. Indemnification. You agree to indemnify and hold harmless each and every Contributor, and their respective affiliates, officers, directors, employees, consultants, agents, licensees and licensors from any claim, demand, or damages, including reasonable attorneys’ fees, asserted by any third party due to, arising out of, or in any way related to, the use of the Service under Your Account. As used in this Agreement, “affiliate” means any entity which controls, is controlled by, or is under common control with the named entity.
16. Equitable Relief. You acknowledge that, at the time this Agreement is entered, it would be impossible or inadequate to measure and calculate all of Venyu’s damages for the breach of certain provisions of this Agreement and that it would require a court of competent jurisdiction to ascertain Venyu’s damages. Accordingly, if You breach or threaten to breach any of Your obligations, other than payment when due, Venyu shall be entitled, without showing or proving any actual damage sustained, to a stipulated temporary restraining order, and shall thereafter be entitled to apply for a preliminary injunction, permanent injunction, and/or order compelling specific performance, to prevent the breach of Your obligations under this Agreement. Nothing in this Agreement shall be interpreted as prohibiting Venyu from pursuing or obtaining any other remedies as otherwise available to it for such actual or threatened breach, including recovery of damages.