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License Terms and Conditions of Use for eVenture Holdings Services
The following License Terms and Conditions of Use (the "Terms") apply to the use of the eVenture Holdings Internet services including MyIDLive.Com, Maxegen.Com, eVentureVideo.Com (the "Service"), which is owned and operated by eVenture Holdings, LLC
Use of the Service is conditional on your agreement to the Terms. You must read, agree with, and accept all of the terms and conditions contained in the Terms and the Privacy Policy http://eventureholdings.com/Privacy_Policy/privacy_policy.html . By clicking on the button marked "I Accept" below and by using the Service, you indicate your acceptance of the Terms, including future amendments, if any. If you do not comply with the Terms during your use of the Service, you will no longer have the right to use the Service.
1.Visitors. Any person accessing or browsing this website shall be deemed a "Visitor" and is bound by these Terms and the Privacy Policy http://eventureholdings.com/Privacy_Policy/privacy_policy.html . If you do not agree to be bound by the Terms, or if you do not comply with the Terms, you may not use the Service. Or this website All Visitors have access to the home page of the Service. To obtain full access to the Service, a Visitor must become a registered user ("User").
2.Registration. To access certain features of the Service, Visitors may be required to become a User and register and select a password and user name. If you register, you must provide accurate and complete registration information and keep this information up to date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (ii) use as a user ID a name subject to any rights of a person other than yourself without appropriate authorization; or (iii) create more than one account per person. eVenture Holdings, LLC reserves the right to refuse registration of, or cancel a user ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user ID and password. Any user ID and password provided to you for your access to the Service shall be for your personal use only. You agree to (i) immediately notify eVenture Holdings, LLC of any unauthorized use of your user ID or password, and (ii) ensure that you exit from your account at the end of each session.
3.Eligibility. To become a registered user you must be 18 years or older. By using the Service you represent and warrant that you have the right, authority, and capacity to enter into this agreement with eVenture Holdings, LLC (the "Agreement") on the conditions as set forth in these Terms. The Service is administered in the US and intended for US users only.
4.Use of the Service. You may not copy or distribute any portion of the Service for any purpose not authorized herein without the express written permission of eVenture Holdings, LLC. eVenture Holdings, LLC does not control any content posted by you or by third parties (the "Content") and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will eVenture Holdings, LLC be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of, or reliance on, any Content. You are responsible for complying with all laws applicable to the Content you submit via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
5.User and Visitor Restrictions. You agree that you shall not, nor will you enable and/or allow third parties – to: (i) modify, translate, or reverse engineer any portion of the Service; (ii) remove any copyright, trademark or other proprietary rights notices on the Service or on any Content or other material obtained via the Service; (iii) use any robot, spider, other automated device, or manual process to monitor or copy the Service or parts thereof; (iv) collect any information about other Users or Visitors (including user names and/or email addresses) for any purpose; (v) reformat or frame any portion of the web pages that are part of the Service; (vii) create user accounts by automated means or under false or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as "spam" to other Users or Visitors, or otherwise interfere with other User's enjoyment of the Service; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; (xi) use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiii) use the Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xiv) collect or store personal data about other Users or Visitors in connection with the prohibited activities described in this paragraph. eVenture Holdings, LLC may impose limits on certain features or services or restrict your access to parts or all of the Service, without notice.
6.Content Posted By Users. You are solely responsible for any Content that you submit, publish or display on the Service. You may not: (i) post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights; (ii) submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party; (iii) provide any Content that falsely express or imply that such Content or material is sponsored or endorsed by eVenture Holdings, LLC; (iv) provide any Content that is unlawful or that promotes or encourages illegal activity. You understand and agree that eVenture Holdings, LLC may review and delete any Content that in the sole judgment of eVenture Holdings, LLC violates the Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Users and Visitors. By posting Content on the Service, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, eVenture Holdings, LLC, and the Users and Visitors of the Service an irrevocable, perpetual, royalty-free, fully paid up, worldwide license to use, sublicense, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. You may not post Content that: (i) is false or intentionally misleading; (ii) is patently offensive to Users, Visitors or third parties, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of unsolicited mass mailing or "spamming"; (v) violates the intellectual property or other proprietary rights of any person; (vi) promotes illegal activities or conduct that is abusive; (vii) is threatening, obscene, defamatory or libelous; (viii) is pornographic or sexually explicit in nature. eVenture Holdings, LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates the Terms, including without limitation, removing offending communication from the Service and terminating accounts of such violators or blocking your use of the Service.
7.Privacy. Use of the Service is also governed by our privacy policy, a copy of which can be found by clicking here http://eventureholdings.com/Privacy_Policy/privacy_policy.html
8.Term. The Terms and the Privacy Policy will remain in full force and effect while you use the Service. Either party may terminate the Agreement for any reason, at any time. Sections 8, 10, 12, 13, 14 and 15 shall survive any termination or expiration of the Agreement and the Terms.
9.Changes to the Agreement or the Service. You agree and understand that the Terms and the Service may be modified by eVenture Holdings, LLC at any time without prior notice, and such modifications will be effective upon eVenture Holdings, LLC's posting of the new terms and/or upon implementation of the new changes on the Service. It is the sole responsibility of the Users and Visitors to review the Terms periodically to become familiar with any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms. Unless expressly stated otherwise by eVenture Holdings, LLC, any new features, new services, enhancements or modifications to the Service implemented after your initial access, shall be subject to the Terms.
10.Ownership. Content and other elements comprising the Service may be works protected by copyright. You acknowledge that any underlying technology or software used in connection with the Service contains eVenture Holdings, LLC's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the software, and/or materials available on the Service in whole or in part except as expressly provided in the Terms.
11.Copyright Policy. eVenture Holdings, LLC will respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of eVenture Holdings, LLC's designated agent to receive notification of claimed infringement is: Taylor & Mrsich, LLP, 265 Madison Avenue, 4th Floor, New York, New York 10016
12.Disclaimer of Warranties. THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION AVAILABLE ON OR ACCESSED BY MEANS THEREOF, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EVENTURE HOLDINGS, LLC, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR (1) THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE BY MEANS OF THE SERVICE, (2) FOR ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE SERVICE, (3) FOR ANY "VIRUSES" OR MALICIOUS COMPUTER CODE TRANSMITTED ON OR THROUGH THE SERVICE, OR (4) FOR ANY BREACH OF SECURITY OR UNAUTHORIZED ACCESS TO THE SERVICE OR YOUR INFORMATION. EVENTURE HOLDINGS, LLC, DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. EVENTURE HOLDINGS, LLC, DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY SERVICES OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVENTURE HOLDINGS, LLC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR VISITOR OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER OR VISITOR OF THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
13.Limitation of Liability. USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO DATA, FILES, INFORMATION, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ON OR THROUGH THE SERVICE. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, EVENTURE HOLDINGS, LLC, IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION EXPRESSLY OR IMPLIEDLY PUBLISHED ON THE SERVICE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THIS SERVICE. EVENTURE HOLDINGS, LLC, WILL NOT HAVE ANY LIABILITY ARISING FROM YOUR DECISIONS OR YOUR PURCHASES OF THIRD PARTY GOODS OR SERVICES, BASED ON THE INFORMATION PROVIDED ON THE SERVICE. UNDER NO CIRCUMSTANCES SHALL EVENTURE HOLDINGS, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVENTURE HOLDINGS, LLC'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSOR OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO EVENTURE HOLDINGS, LLC FOR THE USE OF THE SERVICE IN THE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100.
14.Indemnity. You agree to indemnify and hold eVenture Holdings, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to, and/or use of, the Service, including the posting of any Content, (ii) the violation of these Terms by you, or (iii) the infringement by you, or any third party using your account or user name or password, of any intellectual property or other right of any person or entity.
15.Miscellaneous. All notices hereunder shall be given in writing to eVenture Holdings, LLC at po 4490, Stateline NV 89449 or to such other address as eVenture Holdings, LLC may request. Notices shall be deemed given when received (i) the fifth business day after they are mailed by certified mail, return receipt requested, (ii) the next business day after they are sent by commercial overnight courier service; or (iii) the same day they are delivered in person. Neither this Agreement nor any portion hereof shall be assigned, sublicensed or otherwise (including by operation of law) transferred by Users or Visitors without eVenture Holdings, LLC's prior written consent. Failure of eVenture Holdings, LLC to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This Agreement contains the entire agreement between the parties hereto with respect to the matters contained herein. If any term or provision of this Agreement or any application thereof shall be invalid, illegal or unenforceable, the remainder of this Agreement and any other application thereof shall not be affected thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to conflict of law principles thereof. The exclusive forum for any disputes arising out of or related to this Agreement shall be an appropriate state or federal court situated in Nevada.
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