Terms of Service

Effective Date: As of August 8, 2008

1. Terms of Service

The VentPark site is operated by DanceWaters, Inc. and its subsidiaries and affiliates (collectively, “VentPark”, “us”, “we”, “Company”, “Site”, or “VentPark site”). These Terms of Service set forth the terms and conditions that apply to your use of the VentPark Site. By accessing or using our web site or any of its services at ventpark.com or the mobile version thereof, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Service whether or not you are a registered member of VentPark. From time to time, VentPark may supplement these Terms of Service with additional terms pertaining to specific content. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. We reserve the right to change, modify, add, or delete portions of these Terms of Service at any time without further notice. Posted changes to these Terms of Service will be reflected in the date after each such revision. Your use of the Site after any such changes constitutes your acceptance of the new Terms of Service. BY USING THE VENTPARK SITE, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH VENTPARK. If you do not agree to be bound by these Terms of Service, please do not use or access the Site as well as immediately discontinue your use of the VentPark site. It is the User’s responsibility to check the Site to determine if there have been changes to these Terms of Service.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the VentPark Site, including but not limited to all content, services, digital products, tools or products is hereby expressly prohibited.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

2. Eligibility

Although portions of the VentPark site may be viewed simply by visiting the Site, in order to post content or to reply to content on VentPark you need to register as a member of VentPark. Registering as a member will allow you to access certain services that are not available to visitors.

This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Site, you represent and warrant that you are 13 or older and you agree to abide by all of the terms and conditions of this Terms of Service.

3. Registration Information / Account Security / Privacy Policy

When you register for the VentPark Site, you may be required to provide VentPark with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (”Registration Data”); (b) maintain the security of your password and identification.

Any information provided by you or gathered by VentPark or third parties during any visit to the VentPark Site shall be subject to the terms of VentPark’s Privacy Policy, which are incorporated herein by reference. Click here if you wish to read VentPark’s Privacy Policy. VentPark reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.

You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify VentPark of any unauthorized use of your registration or password.

4. Termination

VentPark reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s), or membership with or ability to access the VentPark Site and/or any other service, tool, specific content, digital products, or products provided to you by VentPark, including any member initiated park, upon any breach by you of these Terms of Service or otherwise including providing VentPark with false or misleading registration information.

5. Modifications of these Terms of Service

VentPark may modify these Terms of Service from time to time in its sole discretion. Each time you use the VentPark site, you will be deemed to have accepted any such changes. VentPark shall have no obligation to notify you of any such changes other then posting such modifications on the VentPark site, but VentPark reserves the right (at VentPark’s discretion) to provide you notice of such changes to any e-mail address you have provided.

6. Proprietary Rights in Site Content; Limited License

All content on the Site including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Service and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

7. Modifications of the VentPark site

VentPark may modify or discontinue the VentPark site, any portion thereof, or any services, tools, digital products, or products, related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

8. Trademarks

All VentPark graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Site in the U.S. and/or other countries. VentPark’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of VentPark.

9. User Conduct

You understand that except for advertising programs offered by us the Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

VentPark assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit content, products or services you may be provided by other users or advertisers of the VentPark site. VentPark further assumes no responsibility for the deletion of or failure to store e-mail messages.

You should not include your telephone number, street address or last name on any area of the VentPark site that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

In addition, you agree not to use the Site to:

  • harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Site;
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, libelous, defamatory, infringing, abusive, inflammatory, harassing, obscene, profane (unless within the scope of the topic area as determined by VentPark in its sole discretion), fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances ;
  • register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  • impersonate any person or entity whether actual or fictitious including impersonating an employee or consultant of VentPark, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on the Site any private or propriatary information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • solicit personal information from anyone or solicit passwords or personally identifying information;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another’s account, service or system without authorization from VentPark, or create a false identity on the Site.
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of VentPark, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose VentPark or its users to any harm or liability of any type.

VentPark reserves the right to delete any such material or accounts from the VentPark site. VentPark will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 9.

10. Use of the VentPark site

A. Content of Messages

You acknowledge that (i) content and any material on the VentPark site is protected by copyrights, trademarks and other intellectual and proprietary rights (”Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content and any material. You may not submit to the VentPark site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any content and any material that infringes any Rights. You acknowledge that VentPark has Rights to use any submitted content and any submitted material as described below, and that you will not acquire any of those Rights by downloading such content or material.

By submitting content or any material, to any “public area” of the VentPark site, including but not limited to vents, voting, or replies, you grant VentPark a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content or material. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content or material you submit, the holder of any Rights, including moral rights in such content or material, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content or material that you have made public for personal use. Subject to the foregoing, the owner of such content or material placed on the VentPark site retains any and all Rights that may exist in such content or material.

VentPark is not obligated to review content submitted by users prior to the content’s posting to any area of the VentPark site. Content posted by any user to the VentPark site does not reflect the opinions or views of VentPark, its parent, subsidiaries or affiliates. VentPark makes no warranty, whether express or implied, as to the accuracy of any content or material.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By submitting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. You acknowledge that the Company may retain archived copies of your User Content. VentPark does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

You are solely responsible for your interactions with other members or users of the VentPark site. You may never use another’s account without permission. If you become aware of any misuse of the VentPark site by any person, please contact VentPark by clicking the “Report” link located throughout the VentPark site. VentPark reserves the right but shall have no obligation to monitor disputes between you and any other member of the VentPark site.

B. Non-Commercial Use

The VentPark site, its products, services, digital products and any other element of the VentPark site are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by VentPark in writing. Illegal and/or unauthorized use of the VentPark site, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the VentPark site is prohibited. Furthermore, you agree that you will not use the VentPark site for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

Any such use shall be deemed to be a violation of these Terms of Service.

11. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the VentPark site infringe your copyright, you (or your agent) may send VentPark a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow VentPark to locate the material on the VentPark site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send VentPark a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: VentPark Dept. of Legal Affairs, DanceWaters, Inc., P.O. Box 851, Urbana, IL 61803. VentPark suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

12. Intrastate Nature of Communications

When you register with the VentPark site and/or any service therein, you acknowledge that in using the VentPark services to send electronic communications, you will be causing communications to be sent through VentPark’s computer networks, portions of which may be located in locations in the United States and abroad. As a result, and also as a result of VentPark’s business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the VentPark communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.

13. Third Party Services

You may order services or merchandise through the VentPark site from other persons not affiliated with VentPark (”Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. VentPark makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider VentPark nor will VentPark be construed as a party to such transactions, whether or not VentPark may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

The Site contains (or you may be sent through the Site) links to other web sites (”Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, 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 Site 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. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

14. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE VENTPARK SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE VENTPARK SITE, IS AT YOUR SOLE RISK. THE VENTPARK SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VENTPARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

VENTPARK MAKES NO WARRANTY THAT THE VENTPARK SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE VENTPARK SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VENTPARK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VENTPARK SITE. VENTPARK WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE VENTPARK SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VENTPARK SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT VENTPARK DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE VENTPARK SITE. VENTPARK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER VENTPARK NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE VENTPARK SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. VENTPARK ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

VENTPARK SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE VENTPARK SITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE VENTPARK SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VENTPARK OR THROUGH THE VENTPARK SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

VENTPARK MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE VENTPARK SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE VENTPARK SITE.

VENTPARK IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE VENTPARK SITE. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH VENTPARK MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST VENTPARK WITH RESPECT TO SUCH SITES.

15. Limitation of Liability

VENTPARK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE VENTPARK SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE VENTPARK SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF VENTPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Promotional Messages

VentPark and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. VentPark makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither VentPark nor such third party shall have any liability with respect thereto.

17. Indemnification

You agree to indemnify and hold each of VentPark, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the VentPark site, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

18. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflicts of laws provisions. By registering for or entering the VentPark site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Urbana, IL.

19. Remedies for Breach of these Terms by You

In the event that VentPark determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the VentPark site, VentPark reserves the right to (i) delete any or all content provided by you or your agent(s) to The VentPark site; (ii) discontinue your registration(s) with the VentPark site and/or any other VentPark community; (iii) discontinue your subscription to any digital product, product, content, tool or service purchased through the VentPark site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which VentPark deems to be appropriate.

If your registration(s) with or ability to access the VentPark site, any other VentPark community and/or any other service, product, content, tool or digital product provided to you by VentPark is discontinued by VentPark due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the VentPark site, then you agree that you shall not attempt to re-register with or access the VentPark site, any other VentPark community and/or any other digital product, course content or service provided by VentPark, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, VentPark reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.

20. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

VentPark may assign its rights and obligations under these Terms of Service and upon such assignment VentPark may be relieved of any further obligation hereunder.

You represent to VentPark that you have the authority to register with or visit the VentPark site according to these Terms of Service. VentPark does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit the VentPark site and does not permit anyone under the age of 13 to become a member of the VentPark Site.

These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of VentPark, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

VentPark reserves the right to terminate free access to the VentPark site including any or all content, services, digital products, products, or tools with or without notice to you. VentPark reserves the right (at VentPark’s discretion) to provide you with notice of such change by prominently posting a notice on the VentPark site and/or sending written notice to you at any e-mail and/or post office address you have provided to VentPark. Once free access is terminated VentPark may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the VentPark site and/or any for-pay content, services, digital products, products, events, tools or products.

These Terms of Service constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

21. Privacy

We care about the privacy of our users. Click here to view VentPark’s Privacy Policy. By using the Site, you are consenting to have your personal data transferred to and processed in the United States.

22. Disclaimers

Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. VentPark is not responsible for the conduct, whether online or offline, of any user of the Site.

Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

23. Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or are inactive for an extended period of time as determined by VentPark.

25. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (”Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

26. Definitions and Constructions

Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.