YOUR USE OF THE SERVICES (AS DEFINED BELOW) IS SUBJECT TO THE TERMS OF THIS LEGAL AGREEMENT (THESE “TERMS” OR THIS “AGREEMENT”) BETWEEN YOU AND VENA MARKET. (“VENA MARKET.COM”, “VENA MARKET”, “WE”, OR “US”) WHICH HAS A PRINCIPAL PLACE OF BUSINESS LOCATED AT NAIROBI.
YOU ACCEPT THE TERMS BY EITHER CLICKING TO ACCEPT OR AGREE TO THE TERMS OR BY ACTUALLY USING THIS VENA MARKET.COM WEB SITE OR THE SERVICES. IN THIS CASE, YOU UNDERSTAND AND AGREE THAT VENA MARKET.COM WILL TREAT YOUR USE OF THE VENA MARKET.COM WEB SITE OR THE SERVICES AS ACCEPTANCE OF THE TERMS.
1. Provision of the Services by Vena Market.com
1.1 Vena Market.com may have subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Vena Market.com itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
1.2 Vena Market.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Vena Market.com provides may change from time to time without prior notice to you.
1.3 As part of this continuing innovation, you acknowledge and agree that Vena Market.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Vena Market.com’s sole discretion, without prior notice to you.
1.4 You acknowledge and agree that if Vena Market.com disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
2. Use of the Services by you
2.1 In order to access certain Services, you may be required to provide information about yourself (such as name, address, password, e-mail address, identification, and/or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Vena Market.com will always be accurate, correct and up to date.
2.2 You agree to use the Services only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
2.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Vena Market.com.
2.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
2.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
2.6 You agree that you are solely responsible for (and that Vena Market.com has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Vena Market.com may suffer) of any such breach.
3. Your passwords and account security
3.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
3.2 Accordingly, you agree that you will be solely responsible to Vena Market.com for all activities that occur under your account.
3.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Vena Market.com immediately at Privacy@Vena Market.com.
4. Privacy and your personal information
4.2 We strongly recommend that minors 18 years of age or younger ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.
5. Electronic Communications
5.1 When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Content in the Services
7.1 You understand that all information (including without limitation, data files, written text, computer software, graphics, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 You understand that the Services include areas on the Vena Market.com Web site in which users may post Content, including without limitation service provider ratings and suggestions, ideas, feedback, reviews, messages, questions and answers, guides, comments, data, text, photos, graphics, hyperlinks to third-party Web sites or other materials (the “User Content”) and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Vena Market.com Web site (“Interactive Areas”). You are solely responsible for your use of such Content, User Content, and Interactive Areas and use them at your own risk.
7.3 You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Vena Market.com site any of the following:
• (A) User Content that depicts, encourages or otherwise refers to any act or omission that poses a risk of bodily injury or death to you or another or User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a service provider/technician with whom you have not had direct, personal experience in a service provider context ;
• (B) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of conduct, or that would otherwise create liability or violate any local, state, national or international law;
• (C) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under this Agreement;
• (D) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• (F) Private or confidential information of any third party, including, without limitation, customer names, employee names, addresses, phone numbers, e-mail addresses, Social;
• (G) Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
• (H) Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
7.4 Vena Market.com takes no responsibility and assumes no liability for any User Content (including without limitation use of hyperlinks to other non-Vena Market.com Web sites, services, products, content or resources) posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Vena Market.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Services, including any Content, User Content, and Interactive Areas is at your own risk. Enforcement of the User Content or conduct rules set forth in this Agreement is solely at Vena Market.com’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Vena Market.com site will not contain any content that is prohibited by such rules. As a provider of Interactive Services, Vena Market.com is not liable for any statements, representations, responses, comments or other User Content provided by its users in any review, rating, forum, question, answer, guide or other Interactive Area. Although Vena Market.com has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Vena Market.com reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Vena Market.com site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Vena Market.com site in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Vena Market.com site.
7.5 You acknowledge and agree that any User Content you post is non-confidential. If you post User Content to the Vena Market.com site, unless we indicate otherwise, you grant Vena Market.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Vena Market.com and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that
(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Vena Market.com site and to grant the rights granted herein;
(b) the User Content is accurate and not misleading; and
(c) use and posting of the User Content you supply does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.,
7.6 You understand that Vena Market.com does not guarantee any confidentiality with respect to any User Content you submit. You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit.
7.7 You understand that Vena Market.com does not select, screen, approve, endorse or limit those who can post User Content, including without limitation postings or updates to or relating to Vena Market.com technical Answers, Vena Market.com How-to-Guides, Vena Market.com How-to-Videos, Vena Market.com Reviews, Vena Market.com Ratings, or third party ratings service providers . In addition, although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such User Content. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such User Content or the qualifications of those posting User Content.
VENA MARKET.COM SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY USER CONTENT YOU ENCOUNTER THROUGH THE SERVICES, AND ANY USE OR RELIANCE ON USER CONTENT IS SOLELY AT YOUR OWN RISK.
7.8You should be aware that Content presented to you as part of the Services (including but not limited to manufacturers’ brand names and logos; images; third party intellectual property; and advertisements in the Services) and sponsored Content within the Services may be protected by intellectual property rights which are owned by the third party sponsors or advertisers who provide that Content to Vena Market.com (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Vena Market.com or by the owners of that Content, in a separate agreement.
7.9 You agree that you are solely responsible for (and that Vena Market.com has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Vena Market.com may suffer) by doing so.
8. Vena Market.com is not responsible for a customer’s inability to gain access to the Internet. Vena Market.com is not responsible for an inability to read the terms of any Vena Market.com promotion due to the fact that these terms are displayed in the English language. Vena Market.com shall not be liable for, and customer expressly waives any rights to, any consequential, special, incidental or punitive damages resulting from or caused by breach of this Agreement or any defective goods, materials, services, workmanship, products or supplies.
10. Proprietary rights
10.1 You acknowledge and agree that Vena Market.com (or Vena Market.com’s licensors) own all legal right, title and interest in and to the Services, including Content, and any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Vena Market.com and that you shall not disclose such information without Vena Market.com’s prior written consent. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent and other intellectual property laws and are licensed to you solely for your use in connection with the Services. No license is granted to you for any other purposes, and any other use of the Services or the Content shall be considered a material breach of this Agreement.
10.2 Nothing in this Agreement gives you a right to use any of Vena Market.com’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
10.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
11. Content license from you
11.2 You agree that this license includes a right for Vena Market.com to make such content available to other companies, organizations or individuals with whom Vena Market.com has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.
11.3 You understand that Vena Market.com, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Vena Market.com to take these actions.
12. Termination by Vena Market.com
12.1 Vena Market.com may at any time, terminate its legal Agreement with you for any reason, at Vena Market.com’s sole discretion, including, but not limited to the following:
• (A) you have breached any provision of this Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); or
• (B) Vena Market.com is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
13.Vena Market.com reserves the right to change any and all content contained in Vena Market.com and any Services offered at any time without notice.
15. You acknowledge and agree that each member of the group of companies of which Vena Market.com is the parent, subsidiary, or affiliate shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.
16.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
16.2 IN PARTICULAR, VENA MARKET.COM DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
16.3 VENA MARKET.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.