Terms of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH VENYOOZ, INC. OFFERS YOU ACCESS TO OUR SITE AND SERVICES.

Welcome to the Venyooz website (hereafter referred to as the "Site") operated by Venyooz, Inc. (hereafter referred to as "Venyooz," "we," "us," or "our"), a Delaware corporation. Venyooz maintains this Site as a service to our Renters and visitors (our website and such services, collectively, hereafter referred to as the "Services"). By using this Site, you agree to be bound by the following terms of service (hereafter referred to as the "Terms"), whether or not you become a registered user. If you do not agree to these Terms, you are prohibited from using this site. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity. Failure to use this Site in accordance with the Terms may subject you to severe civil and criminal penalties under applicable law.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENUES (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR PHYSICAL SPACES (DEFINED BELOW), AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND PROCESS RESERVATIONS OF LISTED SPACES. YOU UNDERSTAND AND AGREE THAT VENYOOZ IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENUES AND RENTERS, NOR IS VENYOOZ A REAL ESTATE BROKER, AGENT, OR INSURER. VENYOOZ HAS NO CONTROL OVER THE CONDUCT OF VENUES, RENTERS, AND OTHERS WHO MAY INTERACT WITH OR UTILIZE THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY CONSUMING OR CONTRIBUTING ANY CONTENT FROM OR TO THE SITE, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT.

We reserve the right to modify these Terms at any time and without prior notice. If we modify these Terms, we will post all modifications on the Site. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. Your use of this Site will constitute your acceptance of whatever Terms are currently operative at the time of such use.

Services and Fees

Public and private entities with control of physical property ("Venues") may utilize the Site to promote distinct facilities or physical areas ("Spaces") that are available for temporary use. Private individuals and representatives of organizations ("Renters") may use the Site to search for and make contact with Venues for the purpose of reserving Spaces for temporary use.

Venyooz facilitates agreements ("Reservations") for the temporary, limited, and non-exclusive use of Spaces and related amenities; agreements facilitated by Venyooz are not for the leasing or conveyance of real estate. Venyooz does not own, sell, lease, sublease, resell, furnish, provide, rent, manage, and/or control any real property. Venyooz provides and manages an online marketplace for Venues and Renters to meet and make arrangements for temporary use licenses, permits, or other such agreements. Any agreement for the temporary and limited use of a Space is solely between the Venue and the Renter, and Venyooz simply acts as an intermediary to facilitate connections, communications, and payments between Venues and Renters. Venyooz strictly prohibits owners and managers of real property from using the services provided by Venyooz for the purpose of attracting, encouraging, negotiating, or processing agreements for the lease or sale of real property and for the reservation of sleeping accommodations. Venyooz's responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Venue for the purpose of accepting payments from Renters on behalf of the Venue.

Reservation Price. The owner, manager, or other authorized representative of a Venue determines the amount, or Reservation Price, that would be due and payable by the Renter in exchange for the Reservation of a particular Space for a defined period of time and purpose. Please note that it is the Venue and not Venyooz that determines the Reservation Price.

Reservation Service Fee. In exchange for providing the Services, Venyooz charges each Venue a percentage of the Reservation Price set by the Venue. Some optional services or functionality may incur additional fees.

Cancellation Service Fee. Should the Renter cancel a confirmed Reservation, Venyooz will return payment to the Renter according to the cancellation terms established by the Venue and agreed to by Renter, less a 10% non-refundable Cancellation Service Fee to be retained by Venyooz.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES PROVIDED BY VENYOOZ ARE INTENDED TO BE USED TO FACILITATE THE RESERVATION OF PHYSICAL SPACES FOR TEMPORARY AND LIMITED USE. VENYOOZ CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VENUES OR SPACES. VENYOOZ IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RELATED AMENITIES AND SERVICES. ACCORDINGLY, ANY RESERVATIONS WILL BE MADE AT THE RENTER'S AND VENUE'S OWN RISK.

Venues and Authorized Representatives

As an owner, manager, other authorized representative of a Venue, you may create Listings for your Venues and Spaces. To this end, you will be asked a variety of questions about the Venue(s) and Space(s) to be listed, including, but not limited to, the location, capacity, size, amenities, pricing, and related rules and financial terms.

Renters will be able to request Reservations for the Space(s) via the Site based upon the information provided in your Listing(s). It is solely your decision whether or not to entertain and respond to such requests, and it solely within your purview to determine a suitable Reservation Price. You understand and agree that once a Renter accepts your quoted Reservation Price, the price for such Reservation may not be altered.

You understand and agree that Venyooz does not act as an insurer or as a contracting agent for Venues. If a Renter requests a Reservation of your Space and uses your Space, any agreement you enter into with such a Renter is between you and the Renter, and Venyooz is not a party thereto. Notwithstanding the foregoing, Venyooz serves as the limited authorized agent of the Venue for the purpose of accepting payments from Renters on your behalf and is responsible for transmitting such payments to you.

Tools. If you are the owner, manager, or other authorized representative of a Venue, Venyooz makes certain tools available to you to help you to make informed decisions about which Renters you choose to confirm for Reservations. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Space, if applicable.)

Content License. By submitting any content (including without limitation, any photograph, image, words, pictures, or symbols) to our Site, you hereby grant Venyooz a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose. A Venue that submits such contact represents and warrants that it has sufficient rights to grant us this license.

Content Restrictions. The Venue is solely responsible for the accuracy of any content that the Venue publicly posts or privately transmits through our Site and Services. Venues may not post content that is harmful to minors, nor may any Venue post content that is obscene, otherwise objectionable, or in violation of federal or state law. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove, or delete any content that is posted or submitted by any Venue.

Limited Agent for Venue. Each Venue hereby appoints Venyooz as the Venue's limited agent solely for the purpose of collecting payments made by Renters on behalf of the Venue. Each Venue agrees that payment made by a Renter to Venyooz shall be considered the same as a payment made directly to the Venue and the Venue will make the Space available to Renter in the agreed upon manner as if the Venue has received the Reservation Price. Each Venue agrees that Venyooz may, in accordance with the cancellation policy selected by the Venue and reflected in the relevant Listing, (i) permit the Renter to cancel the Reservation and (ii) refund to the Renter that portion of the Reservation Price specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Venue, Venyooz assumes no liability for any acts or omissions of the Venue.

Renters

The Venues, not Venyooz, are solely responsible for honoring any confirmed Reservations and making available any Spaces reserved through the Site. If you, as a Renter, choose to enter into a transaction with a Venue for the Reservation of a Space, you agree and understand that you will be required to enter into an agreement with the Venue and you agree to accept any terms, conditions, rules and restrictions associated with such a Space imposed by the Venue. You acknowledge and agree that you, and not Venyooz, will be responsible for performing the obligations of any such agreements, that Venyooz is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Venyooz disclaims all liability arising from or related to any such agreements.

Fees. As a Renter, you agree to pay Venyooz for the agreed upon Reservation Price for any confirmed Reservation. Once Venyooz receives confirmation of your Reservation, Venyooz will collect the Reservation Price and applicable fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Venyooz cannot control any fees that may be charged to a Renter by his or her bank related to our collection of the Reservation Price and related fees, and Venyooz disclaims all liability in this regard.

Payment Agent. You acknowledge and agree that, notwithstanding the fact that Venyooz is not a party to the agreement between you and the Venue, Venyooz acts as the Venue's payment agent for the limited purpose of accepting payments from you on behalf of the Venue. Upon your payment of amounts to Venyooz, which are due to the Venue, your payment obligation to the Venue for such amounts is extinguished, and Venyooz is responsible for remitting such amounts, less Venyooz's applicable fees, to the Venue. In the event that Venyooz does not remit any such amounts to a Venue, such Venue will have recourse only against Venyooz.

Payments. In connection with your Reservation, you will be asked to provide customary billing information such as name, billing address, and credit card information either to Venyooz or its third party payment processor. You agree to pay Venyooz for any confirmed Reservations made in connection with your Venyooz account in accordance with these Terms. You hereby authorize the collection of such amounts by charging the credit card provided, either directly by Venyooz or via a third party online payment processor. You also authorize Venyooz to charge your credit card in the event of damage caused at a Venue as contemplated under "Damage to Venue" below and for security deposits and fees, if applicable. If you are directed to Venyooz's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed Reservation payment transaction is complete you will receive a confirmation email.

Cancellations. If a Renter wishes to cancel a confirmed Reservation made via the Site, the cancellation policy of the Venue contained in the applicable Listing will apply to such cancellation. Our ability to refund the Reservation Price and other amounts will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site.

Conditions of Spaces. Upon confirmed reservation, the Renter agrees to use the Venue's Space "AS IS." The Renter acknowledges that it shall be the Renter's responsibility and obligation to assure that the property and facilities are in proper and safe condition to be used for the purpose anticipated.

Conduct. The Renter must not act in a manner that, in the reasonable view of the Venue, does or is likely to affect adversely the peaceful operation of the Space or adjacent premises. The Renter agrees that it will at no time permit more than the maximum occupants specified in the quote request to use the Space. The Renter further agrees to maintain the designated licensed area and the common areas of the premises in a neat, clean, and sanitary condition.

Insurance. The Renter agrees to abide by the Venue's insurance requirements as indicated in the Space profile and in the use terms presented at the time of payment. If the Renter does not provide proof of insurance in accordance with the Venue's insurance requirements, the reservation will be subject to immediate cancellation and the Renter will be subject to charges and refunds in accordance with the stipulated cancellation policy.

Proceeds. Some Venues may indicate that the funds they receive will be used for a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether such funds are, in fact, used by Venues in the manner indicated.

Third Party-Content. In using our Services, users may be exposed to content and information from other Renters or third parties ("Third-Party Content"), either at our Site, though our Services, or through links to third-party websites. We do not control, and shall have no responsibility for, such Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. Users must evaluate the veracity of, and bear all risks associated with, exposure to such Third-Party Content.

Links. Venyooz does not review all of the sites linked to its Site, nor the links contributed by users of the Site, and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by Venyooz. Use of any such linked site is at the risk of the visitor to such site.

User Conduct

Venues and Renters agree to cooperate with Venyooz in good faith. Should a Venue receive a rental inquiry or communication from a Renter as a result of the Site or the Services provided by Venyooz, the Venue agrees to conduct all subsequent communications, financial transactions, and related activities through the Site. Venues and Renters may not use the Site to find a Venue or Renter and then complete a reservation independent of the Site and thereby attempt to circumvent the obligation to pay any Service Fees related to Venyooz's provision of Services. Should a Venue and Renter conduct transactions offline or otherwise disregard Venyooz's authority to facilitate all transactions related to Reservations, involved Venues and Renters may be prohibited from further use of the Site and Services.

Indemnification

Renters and Venues shall defend, indemnify and hold harmless Venyooz, its officers, agents, and employees against any claim, action and/or judgment for damages including death or injury to persons or property and including without limitation all consequential damages from any cause whatsoever arising from or connected with its Services. Renters and Venues shall hold harmless and indemnify Venyooz, its officers, agents, and employees from all damages of every nature resulting or alleged to have resulted as a result of a use arranged for by us. Renter shall further defend, indemnify and hold harmless the Venue and its officers, agents, and employees against any claim, action and/or judgment for damages including death or injury to persons or property suffered or alleged to be suffered at the Space by any person, firm or company.

Privacy

Venyooz values your privacy. Our Privacy Policy is available on the Site and is hereby incorporated by reference. You agree to abide by all terms set forth in the Privacy Policy.

Minors

Minors may not use the services provided by Venyooz. You must be eighteen (18) years or older to register with this Site or use any Services. By using this Site, you represent and warrant that you are at least eighteen (18) years old and that you have the right, authority, and capacity to enter into legally binding agreements.

Governing Law and Jurisdiction

Any claim relating to this website shall be governed by the laws of the State of California without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of a state court located in Los Angeles County, Los Angeles, California or a United States District Court, Central District of California located in Los Angeles, California.

Termination

Venues, Renters, and other parties use the Site and conduct business through the Site voluntarily, and any party may terminate use at any time. Additionally, Venyooz reserves the right, at any time and without prior written notice, to suspend user access to the Site and Services. Venyooz reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Venyooz, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.



Last Updated: 11/14/12