Last updated: 2023-08-28
By accessing, utilizing, or visiting ventora.ai and Ventora App (hereinafter referred to as the "Platform") or any of our Communities , included by not limited to our Communities on Discord and Reddit, including any content, functionalities, and services offered, you are indicating your acceptance and agreement to these Terms of Service ("Terms"), as well as our Privacy Policy, which is included here within by reference.
These Terms are applicable to all users of the Platform and our Communities. All such parties are collectively referred to as "you", "User", or "Users", as contextually appropriate, regardless of whether the Platform and Communities are accessed via computer, mobile device, or any other technological medium or method. The Terms are an agreement formed between you and Ventora. ("Ventora", "us", or "we").
"Content" means any and all information and content that a user submits, including the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on the Platform or Communities.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of any right or provision.
You affirm that you are at least 18 years of age. You also assert that you possess the legal capacity and competence to comply with, abide by, and consent to the terms, conditions, responsibilities, declarations, representations, and warranties stipulated in these Terms of Service. The Platform and Communities should not be accessed if you are under 18 years of age.
Ventora is committed to providing a safe Platform for our users. Our Platform is strictly intended for individuals who are at least 18 years of age.
If you're under the age of 18, you are not permitted to use this Platform, create an account, or participate in any of our Communities. We take this policy very seriously and will actively remove accounts suspected to belong to individuals under the age of 18.
By using Ventora, you confirm that you are over 18 and that you'll abide by these terms. Misrepresentation of your age violates our Terms of Service and may result in immediate account termination.
We retain the right to modify these Terms of Service at any time and without providing prior notice. It is your responsibility to periodically review these Terms of Service for any amendments. Your continued use of the Website following any modification of these Terms of Service will indicate your acceptance of and compliance with the revised terms.
Upon posting, the latest version of the Terms of Service immediately supersedes all preceding versions, which will cease to have any legal effect. The most recent version of the Terms of Service can be reviewed at https://ventora.ai/terms.html.
Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to access the Platform and Communities solely for your own personal, non-commercial use.
We reserve the right to change, suspend, or cease the Platform & Communities without notice to you. You agree that we will not be held liable to you or any third-party for any change, interruption, or termination of the Platform & Communities of any part.
You are exclusively responsible for your Content. You bear all risks associated with the use of your Content. You hereby confirm that your Content does not violate our Terms. You may not represent or imply to others that your Content is in any way provided, sponsored, or endorsed by us. Because you alone are responsible for your Content, you may expose yourself to liability. We are not obliged to backup any Content that you submit; also, your Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your Content if you desire.
Prohibited content includes any content that:
You agree not to use the Platform & Communities to collect, upload, transmit, display, or distribute any Content that:
In addition, you agree not to:
We reserve the right to review any Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your Account, and/or reporting you to law enforcement authorities.
If you provide us with any feedback or suggestions regarding the Platform & Communities, you hereby assign to Ventora all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we believe appropriate. We will treat any feedback you provide to us as non-confidential and non-proprietary.
You agree to indemnify and hold us and our officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of:
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Each user is solely responsible for any and all of their own Content. Because we do not control Content, you acknowledge and agree that we are not responsible for any Content, whether provided by you or by others. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
You hereby release and forever discharge Ventora and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform & Communities. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor."
Ventora uses 'cookies' on our platform. These cookies are used to store information including visitors' preferences, and the pages on the Platform that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
The Platform & Communities are provided on an "as-is" and "as available" basis, and we expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no guarantee that the Platform & Communities will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Platform & Communities, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, in no event shall we or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Platform & Communities even if we have been advised of the possibility of such damages. Access to and use of the Platform & Communities is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (USD $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These Terms will remain in full force and effect while you use the Platform & Communities. We may suspend or terminate your rights to use the Platform & Communities at any time for any reason at our sole discretion, including for any use of the Platform & Communities in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform & Communities will terminate immediately. You understand that any termination of your Account may involve deletion of your Content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the Terms will remain in effect.
You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Platform & Community, including your Content, products or services you develop or offer in connection with the Platform & Community, and your breach of these Terms or violation of applicable law.
THE PLATFORM & COMMUNITY ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE PLATFORM & COMMUNITY, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE PLATFORM & COMMUNITY WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
The Ventora Platform / website located at ventora.ai is a copyrighted work belonging to Ventora. We respect the intellectual property of others and asks that users of our Platform & Communities do the same. In connection with our Platform & Communities, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Platform & Communities who are repeated infringers of intellectual property rights, including copyrights.
If you believe that one of our users is, through the use of our Platform & Communities, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Platform & Communities. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Platform & Communities. These changes will be effective immediately for new users of our Platform & Communities. Continued use of our Platform & Communities following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Please read this Arbitration Agreement carefully. It is part of your contract with Ventora and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All claims and disputes in connection with the Terms or the use of any product or service provided by the We that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Ventora, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the us should be sent to our contact email. After the Notice is received, you and Ventora may attempt to resolve the claim or dispute informally. If you and Ventora do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Ventora made to you prior to the initiation of arbitration, Ventora will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits
If you or Ventora pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and Ventora, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Ventora.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Ventora in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Ventora WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class Actions or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class action basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Ventora.
Small Claims Court
Nonetheless the foregoing, either you or Ventora may bring an individual action in small claims court.
Emergency Equitable Relief
Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
The Platform & Communities may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.
The communications between you and us use electronic means, whether you use the Platform & Communities or send us emails, or whether we posts notices on the Platform & Communities or communicates with you via email. For contractual purposes, you
Your Privacy.
Please read our Privacy Policy.
Copyright/Trademark Information.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Platform & Communities are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
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