Official version of Docracy TOS, always updated. We cut legalese as much as possible and simplified boilerplates for a short and agile read. Feel free to branch this and make your own, and don't forget to link back to Docracy if you end up using it for your website!
1. Acceptance of the Terms of Service
Welcome to VenueOne (a.k.a. "we" or "us" or the "Company"). We are excited to have you as user and member of the community. The following terms and conditions (collectively, these "Terms of Service") apply to your use of VenueOne including any content, functionality and services offered on or via VenueOne.com (the "Website"). We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using VenueOne, because by using the Website you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you must leave the Website, but please let us know at [email protected] We'll be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and the Website
VenueOne reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on VenueOne, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website,Security and Privacy
4. Purchase of the VenueOne Service
If you agree to pay the fee for access to the applicable VenueOne Services, such fee will be charged by the company designated by VenueOne in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the VenueOne Websites are inclusive of any applicable sales taxes and fees. VenueOne accepts a variety of different payment methods, so please check the VenueOne Websites for the best way for you to pay.
VenueOne may change the price for the VenueOne Paid Service from time to time. In respect of the VenueOne Paid Service, such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you at least 14 days in advance so that you have an opportunity to elect to not renew. If you do not wish to be bound by such changed price relating to your VenueOne Paid Service you may terminate your subscription of your VenueOne Paid Service in accordance with Section 9 (Term and termination). Your continued use of the VenueOne Paid Service after the communication of such price change to you constitutes an acceptance of such new price.
6. Disclaimer of Warranties, Limitations of Liability and
Your use of VenueOne is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
7. Term and termination
This Agreement will become effective in relation to you when you create a VenueOne account or when you start using the VenueOne Service and will remain effective until terminated by you or VenueOne. You may cancel your subscription of the VenueOne Paid Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). VenueOne will not refund any remaining portion of subscription fees you have already paid for. VenueOne reserves the right to terminate this Agreement or suspend your VenueOne account at any time in case of unauthorized, or suspected unauthorized use of the VenueOne Service whether in contravention of this Agreement or otherwise. If VenueOne terminates this Agreement, or suspends your VenueOne account for any of the reasons set out in this section, VenueOne shall have no liability or responsibility to you, and VenueOne will not refund any amounts that you have previously paid.
8. Intellectual property
VenueOne respects intellectual property rights, and expects you to do the same. The VenueOne Service and the content provided through the VenueONe Service is the property of VenueOne or VenueOne's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the VenueOne Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the VenueOne Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the VenueOne Service.
9. Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the VenueOne Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to VenueOne's designated copyright agent at the following address: VenueOne Attn: Legal Department, The Warehouse, 26a Mount Eden Road, Donnybrook, Dublin 4 0r [email protected] (Subect:"Legal"). A notification of claimed copyright infringement must be addressed to VenueOne's copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on VenueOne Service or the VenueOne Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 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.
10. Technology limitations and modifications
VenueOne will make reasonable efforts to keep the VenueOne Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. VenueOne reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the VenueOne Service with or without notice.
VenueOne may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
12. Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
14. Mandatory arbitration; exceptions to mandatory
arbitration, waiver of class action rights; limitations
period; venue and choice of law
i. You and VenueOne agree that any dispute, claim or controversy arising out of or relating in any way to the VenueOne Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the laws of the Republic of Ireland ("Ireland") governs the interpretation and enforcement of this provision, and that you and VenueOne are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your VenueOne subscription.
ii. You and VenueOne agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the VenueOne Service are NOT subject to mandatory arbitration. Instead, you and VenueOne agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Dublin, Ireland and that applicable law shall govern, without regarding to choice of law principals. iii. YOU AND VenueOne AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the Consumer Rules with the remainder paid by VenueOne. Any arbitration costs or fees deemed "excessive" will be paid by VenueOne. v. You and VenueOne agree that this Agreement involves interstate commerce and is subject to the laws of Ireland. You and VenueOnefurther agree that applicable laws of Ireland shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Dublin, Ireland
17. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation. Copyright © 2012 VenueOne and its affiliates. All rights reserved.
The Warehouse, 26a Mount Eden Road, Donnybrook, Dublin 4