THE VENICE FEST

TERMS OF USE

Please read the following Terms of Use (“Terms of Use”), as amended from time to time, before using the The Venice Fest website (“Site”), mobile applications, API or any services offered by Venice Blvd Productions and their respective affiliates and subsidiaries (The Venice Fest).

CONSENT AGREEMENT

By using The Venice Fest Services, including visiting or browsing The Venice Fest Site and mobile applications, you (“User”, “Customer” or “you”) agree to be bound by this, including those additional terms, conditions and policies that may be referenced by hyperlink – including our Privacy Policy. We’ll refer to the Site, the API, videos, images, mailing lists, posts and related materials, covering our markets, online merchandise and events as the “Services.” This applies to all Users of the Services, including, without limitation, users who are vendors, customers, merchants, and contributors of content, information and other materials or Services on the Site. This is a legally binding contract between you and The Venice Fest so please read it carefully. If you don’t agree with the Terms, you may not use our Services.

CROWD RELEASE/NOTICE OF FILMING AND

CROWD RELEASE/NOTICE OF FILMING AND PHOTOGRAPHY

By entering The Venice Fest, you are entering an area where photography, audio and video recording may occur.

Your entry and presence on the event premises constitutes your consent to be photographed, filmed, and/or otherwise recorded and to the release, publication, exhibition, or reproduction of any and all recorded media of your appearance, voice, and name for any purpose whatsoever in perpetuity in connection with The Venice Fest and its initiatives, including, by way of example only, use on websites, in social media, news and advertising.

By entering the event premises, you waive and release any claims you may have related to the use of recorded media of you at the event, including, without limitation, any right to inspect or approve the photo, video or audio recording of you, any claims for invasion of privacy, violation of the right of publicity, defamation, and copyright infringement or for any fees for use of such record media.

You understand that all photography, filming and/or recording will be done in reliance on this consent. If you do not agree to the foregoing, please do not enter the event premises.

PRIVACY

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.

AUTHORITY

The Venice Fest reserves the right to remove any item, picture, or posting from its Site at any time and for any reason without notice to any User. The Venice Fest is under no obligation to remove or change any item, picture, or posting from its Site. The Venice Fest reserves the right to refuse service to anyone and to discontinue existing service at any time. The Venice Fest also reserves the right to stop offering any of its Services to any User, at its sole discretion, including if it determines the User’s conduct to be disruptive to the business and reputation of its Site.

PLATFORM

The Venice Fest is a community for those who love to sell, and a destination for those who love to shop. With an emphasis on creating a marketplace to bring together makers, artists, indie designers, vintage collectors and enthusiasts, The Venice Fest is an ideal choice for buyers of these goods. The Venice Fest is a place where Customers can find unique designs, arts and crafts, vintage collections and useful household items sourced from The Venice Fest community of merchants. The Venice Fest stands behind the quality of the goods advertised on its site. Its goal is to make sure that the Customer is satisfied with its experience using The Venice Fest and with any purchases made. If the Customer is dissatisfied with its purchase, please, contact The Venice Fest and review The Venice Fest’s Return Policy below.

USER REPRESENTATIONS, COVENANTS AND LICENSE

By using our Services, User represents to The Venice Fest that (a) s/he is not a minor under applicable laws and has the authority to enter into legal contracts, and any information User has provided The Venice Fest, to the best of User’s knowledge is complete, truthful and accurate. User acknowledges that s/he has been granted a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another customer, merchant, vendor or any other third-party; the license also does not include caching, unauthorized hyperlinks to the Site, uploading, posting, or transmitting any content that User does not have legal rights to (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer codes or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in The Venice Fest’s sole discretion) an unreasonable or disproportionately large load on The Venice Fest’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.

LIABILITY

In no event shall The Venice Fest, its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental arising out of or relating to the conduct of User or anyone else in connection with the use of the Site, the Services or this, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

INDEMNIFICATION

User agrees to indemnify and hold The Venice Fest harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of User’s breach of this agreement or the documents it incorporates by reference, or User’s violation of any law or the rights of a third party.

DISCLAIMER

The Venice Fest makes no representations whatsoever about the content or functioning of any other websites linked to The Venice Fest, and User may use or access other third-party sites, but the use of such links or websites is entirely at User’s own risk.

SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

DATA PROTECTION

User’s personal data supplied during the transaction process is held and managed by The Venice Fest in accordance with its data protection policy available at Privacy Policy.

COOKIES

A cookie is a small file that is placed and resides on a User’s computer after they visit The Venice Fest’s Site. It is recognized byThe Venice Fest’s server but will not scan your computer or do any kind of investigation to find out your Personal Information. Any Personal Information the cookie might contain is a result of a User’s own input on the Site’s form. Most of the time, when a cookie does store Personal Information, this information is coded in such a way that it is unreadable to any third party that happens to access your cookie folder. User can control the use of cookies at the individual browser level, but if cookies are disabled, it may limit User’s use of certain features or functions on the Site or through the Services. The Venice Fest customizes certain web page content based upon User’s browser type and other information provided by the cookie. The cookie does not provide The Venice Fest with any personally identifiable information, but provides details of User’s IP address, the computer platform being used (e.g. Mac or Windows), the browser being used (e.g. Chrome or Firefox) and what domain User is accessing The Venice Fest’s site from. With this information, The Venice Fest can do the following:

Ensure that the most relevant content is being shown.

Track traffic patterns to the Site to determine Customer’s interests. This behavior tracking

allows the tailoring of advertisements to reflect Customer’s interests.

Our Privacy Policy provides a more detailed explanation regarding the use of cookies.

INTELLECTUAL PROPERTY RIGHTS

This Agreement does not grant User any intellectual property rights in The Venice Fest’s trade name, trademarks, logos, the Site, and any content developed by The Venice Fest, which shall remain The Venice Fest’s intellectual property.

TERMINATION

This Agreement is terminable at any time by any party. If User terminates this Agreement, User agrees to no longer access the Site and these Services. However, termination by either party will not preclude User from receiving an order for which s/he has already paid.

DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND THE VENICE FEST HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ITS SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE VENICE FEST DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE VENICE FEST’S SITE AND SERVICES, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE VENICE FEST OR AN THE VENICE FEST AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY CERTAIN USERS. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY OF THE VENICE FEST’S COMMUNITY OF MERCHANTS PROVIDES A SEPARATE WARRANTY FOR THEIR PRODUCTS PURCHASED BY CUSTOMER, CUSTOMER SHALL BE ENTITLED TO THE BENEFITS OF SUCH WARRANTY FROM THE APPLICABLE MERCHANT.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the use of the Site and Services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions User may be required to accept if User chooses to use any of The Venice Fest’s additional Services.

ADDITIONAL POLICIES

In addition to this Agreement, there are other policies governing the buying of items on this Site – including the Privacy Policy. Those other policies, including the Privacy Policy, may be changed from time to time and such changes take effect immediately upon being posted on the Site. The Venice Fest will not notify User when it amends any policy. When using particular services on the Site, the Customer is subject to any posted or other applicable rules, policies or guidelines (“Rules”). User agrees to observe and act in accordance with the Rules during the term of this Agreement. In the event User fails to do so, User agrees to promptly correct its action when notified by The Venice Fest.

HEADINGS

Headings are intended for the convenience of reference purposes only, are not a material part of this Agreement and do not limit the extent or scope of the corresponding Section.

GOVERNING LAW; JURISDICTION.

This shall be governed by, and construed in accordance with, the internal Laws of the State of California, without giving effect to any principles of conflicts of laws. Each party hereby irrevocably submits to the jurisdiction of any State or Federal Court sitting in Los Angeles County, California, in respect of any dispute, suit, action or proceeding arising out of or relating to this Agreement, and irrevocably accepts for itself and in respect of its property, generally and unconditionally, jurisdiction of such courts.

CONTACT INFORMATION

If you have any questions about the Terms, please email us at: thevenicefest@gmail.com