atVenu Terms of Service

Account Terms:

1. You must be 16 years or older to use this Service.
   
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
   
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
   
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
   
5. You must create 1 account per artist.  You cannot combine content of multiple artists under 1 account.
   
6. You are responsible for maintaining the security of your account and password. atVenu cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
   
7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
   
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
   

Payment, Refunds, Upgrading and Downgrading Terms:

1. A valid credit card is required for all accounts.
   
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
   
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
   
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
   
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. atVenu does not accept any liability for such loss.
   

Cancellation and Termination:

1. You are solely responsible for properly canceling your account.
   
2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
   
3. atVenu, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other atVenu service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. atVenu reserves the right to refuse service to anyone for any reason at any time.
   

Abandoned or Dormant Accounts:

API Usage

1. Excessively frequent requests to the API.
   
2. Malformed API requests that consume excessive computing resources and may impact the performance or availability of the system.
   
3. Requests deemed malicious.
   

Modifications to the Service Prices:

1. atVenu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
   
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the AtVenu Site (atVenu.com) or the Service itself.
   
3. atVenu shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
   

POS Register:

1. Payment processing services for this use of our Point of Sale Register on atVenu are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).
   
2. By agreeing to these terms of service or continuing to operate as a user of this service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
   
3. As a condition of atVenu enabling payment processing services through Stripe, you agree to provide atVenu accurate and complete information about you and your business, and you authorize atVenu to share it and transaction information related to your use of the payment processing services provided by Stripe.
   

Copyright and Content Ownership:

1. All content posted on the Service is must comply with U.S. copyright law.
   
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
   
3. The look and feel of the Service is copyright ©2014 atVenu, Inc.. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from atVenu.
   

Label Reporting Relationship:

1. If you have registered a relationship with a Record Label (“Label”) you authorize atVenu to transmit your media sales to your Record Label.
   
2. If you do not have a registered relationship with a Label, you authorize atVenu to transmit your media sales directly to Soundscan, or via an associated label account
   

Data, Logo, and Name Use:

1. You own your data. If at any point you no longer wish to continue working with atVenu, upon request your data will be removed from the Service.
   
2. You grant atVenu a non-exclusive, perpetual and irrevocable worldwide right to collect, use and disclose data collected in aggregate. For example, atVenu uses aggregated data to help forecast future inventory needs for merchandise. atVenu will never disclose any data that would identify a specific artist, venue, or festival.
   
3. You grant atVenu permission to identify you as a user of the atVenu system and use your logo and/or name in public announcements and marketing materials.
   

Legal Agreements for PayPal Services

1. United States PayPal Legal Agreements
   
2. UK PayPal Legal Agreements
   
3. Canadian PayPal Legal Agreements
   

Data Protection and Product Security

• Security governance through policies, standards, processes, and procedures to ensure our team understands what’s expected of them and what their roles and responsibilities are when it comes to security.
  
• Protection of data in transit and at rest using industry standard encryption algorithms.
  
• Installation of anti-malware agents on all applicable systems.
  
• Access management controls to ensure that our systems and your data are locked down to anyone but those who require access to perform their duties in providing and/or improving the Service.
  
• A risk management process to proactively identify and treat security risks.
  
• A vulnerability management program which includes an ongoing variety of scans, penetration testing, and remediation to ensure our systems remain secure.
  
• Secure development practices to ensure our products are developed and enhanced with security in mind.
  
• Vendor risk management processes to ensure that any of our sub-processors with access to your data have appropriate security controls in place. 
  
• Logging, monitoring, and alerting to keep our team apprised of any security anomalies that may require investigation.
  
• Security incident response planning which ensures that our team is prepared in the event of a security incident.
  
• Disaster recovery and business continuity planning to guide us in navigating significant incidents affecting the availability of the Service.
  

General Conditions:

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
   
2. Technical support is only provided to paying account holders and is only available via email.
   
3. You understand that atVenu uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
   
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, atVenu, or any other atVenu service.
   
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by atVenu.
   
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
   
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any atVenu customer, employee, member, or officer will result in immediate account termination.
   
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
   
9. atVenu does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
   
10. You expressly understand and agree that atVenu shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if atVenu has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
    
11. The failure of atVenu to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and atVenu and govern your use of the Service, superseding any prior agreements between you and atVenu (including, but not limited to, any prior versions of the Terms of Service).
    
12. Questions about the Terms of Service should be sent to support@atVenu.com.