Terms and Conditions

I. WEBSITE

This website (“Site”) belongs to The Venus Project, Inc. (hereinafter referred to as “We”, “Us”, “Our”, “Ours”, “The Venus Project” or “Venus Project”).

II. ACCESS TO THE SITE

By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use (“Terms and Conditions of Use“), including the privacy policy (“Privacy Policy“) and to comply with all applicable State of Florida and United States laws and regulations. In addition, you hereby represent and certify that you are of legal age or have the permission of a parent or legal guardian who is willing to agree to these terms on your behalf. If you do not or cannot agree to the Terms, please do not use the Site or any of the services offered through the Site. The Venus Project reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Terms as “Additional Terms”) will be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Site. You are required to subscribe to our newsletter at the bottom of the homepage of the Site if you wish to receive timely email notifications about changes to these Terms. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

III. ACCEPTABLE USE OF THE SITE

In order to use the Site, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees associated with such access.

(i) Individual Non-Commercial Use. You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site for your own internal non-commercial use and not on behalf of any other person or entities, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own internal non-commercial use. We post legal notices and various credits on pages of the Site, which may not be removed even in your permitted copies. You may not remove these notices or credits, or any additional information contained along with the notices and credits.

(ii) Restrictions. The information made available through the Site (including without limitation, product data, test results, pricing and other content) may only be used in the form delivered to you and may not be subject to any further automated or systematic processing and may not be used for benchmarking or any other commercial purpose. You may not use, and shall not authorize any third party to use, this information to provide, or to enable the provision of, alerts. You may copy the information only as necessary for your personal use to (i) view it and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the information in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble, create any derivative works of, or reverse engineer any portion of this information, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

(iii) Framing. You agree not to create any frames at any other websites pertaining to or using any of the content located at the Site for any purpose, unless specifically authorized by The Venus Project, Inc., in writing to do so.

(iv) Security, Cracking, and Hacking. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. The Venus Project reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

(v) You Are Responsible For All of Your Activities and All of The Content You Post or Submit. You represent and warrant that any information and/or material you post or provide to The Venus Project by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site (“Submissions”), is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith. You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of the Site.

(vi) Information Disclosed via the Site. Any information disclosed to you via the Site including, without limitation, any content, product or configuration recommendations or product specifications, are not offered with any warranty or representation as to the accuracy, performance or suitability for your intended purpose or compliance with applicable law. The Venus Project expects that you will exercise caution, best practices and oversight in using information supplied through the Site.

(vii) Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you may not, and by using the Site you agree not to, use the Site to: (i) transmit or post any Submissions that are copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post any Submissions that reveal trade secrets, unless you own them or have the permission of the owner to transmit them; or (iii) transmit or post any Submissions that infringe on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. Furthermore, unless otherwise expressly provided, you acknowledge and agree that: (a) all Submissions will become property of The Venus Project; (b) The Venus Project has the right to publish the Submissions for any type of use including for promotional and advertising purposes, in accordance with the terms set forth in the Privacy Policy, without compensation to you of any kind; (c) any Submissions that you submit to any part of the Site are non-confidential for all purposes; and (d) that if you make any such Submission, you automatically grant, represent and warrant that the owner of such content has expressly granted The Venus Project, a royalty-free, perpetual, irrevocable, world-wide exclusive license to use the Submissions in any manner, media or form now known or hereafter developed. The Venus Project shall have the right to sublicense its rights through multiple tiers of sublicenses. For purposes of these Terms, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights, and similar rights.

(viii) Ownership. The Venus Project will put content on the Site for you to examine from time to time. An example of possible content includes text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by The Venus Project, on, through or in connection with the Site. Moreover, The Venus Project attempts to display the content in a way that will be easily accessible and useful for you, the user. All content and materials on the Site including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the Site and any services offered on the Site, are the property of The Venus Project, its sponsors or business affiliates, and/or their respective licensors, and are subject to State of Florida and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on the Site is the exclusive property of The Venus Project and is protected by the State of Florida and international copyright laws. All software used on the Site is the property of The Venus Project or its licensors and is subject to State of Florida and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of The Venus Project and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to The Venus Project.

(ix) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR “SPIDER” THE SITE OR ANY OF THE PAGES OF THE SITE INFRINGES ON THE VENUS PROJECT INC. AND/OR ITS LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. DO NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SITE!

VI. WARRANTY DISCLAIMER

THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. THE VENUS PROJECT DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, NOT DISCONTINUED OR ERROR-FREE. THE VENUS PROJECT, INC., DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE VENUS PROJECT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. THE VENUS PROJECT DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER’S WARRANTIES OR SPECIFICATIONS. THE VENUS PROJECT CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY OR RELATED SITES AND/OR RELATED SERVICES NOR DOES THE VENUS PROJECT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.

V. LIMITATION OF LIABILITY

TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, THE VENUS PROJECT’S NEGLIGENCE, SHALL THE VENUS PROJECT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF THE VENUS PROJECT OR AN AUTHORIZED VENUS PROJECT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL VENUS PROJECT’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE VENUS PROJECT AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

VI. GOVERNING LAW AND ARBITRATION

The laws of the State of Florida (excluding any principles of conflicts of laws) govern your use of the Site, the services, and these Terms. FOR ANY CLAIM RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE COURT IN THE STATE OF FLORIDA.

VII. WAIVER AND SEVERABILITY

Furthermore, no delay or omission by The Venus Project to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by The Venus Project. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

VIII. CONTRACT ELECTRONICALLY

You agree that the Terms, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.

IX. TAKEDOWN OF MATERIAL

If you believe that this Site includes material that constitutes an infringement of your copyrighted work, you can notify us by providing the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work;
  2. a description of the allegedly infringed copyrighted work;
  3. identification of the allegedly infringing material and where on this Site the allegedly infringing material is located;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that use of the infringing material on this Site is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you that the information you are providing in this notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

The above information should be sent to either:

[email protected]

or

Copyright Notice Legal Department
THE VENUS PROJECT, INC.
21 Valley Lane
Venus, Florida 33960
United States