1. Acceptance of Terms of Service

By accessing and/or using the https://www.Venku.com/ site (the “Site”) and/or downloading, accessing and/or using the Venku software application (the “Application”), you agree to the terms contained and referred to in these Terms of Service (these “Terms”).  The Site and Application are provided by Venku, Inc ® and its affiliates, subsidiaries and/or service providers (collectively, “Venku”, “we,” “us” or “our”). 

1. Modifications

We reserve the right, in our sole discretion, to amend these Terms at any time by posting the amended Terms to the Site and Application.  We may or may not provide other notice to you of such amended Terms, and it is your responsibility to refer back frequently to become aware of and understand the same.  Your continued access to and use of the Site and/or Application after such amendments are posted will constitute your consent to such amendments.  These Terms may not be amended by you.

1. Definitions

As used in these Terms:

1. “Booking Request Period” means the time period, starting from the time when a booking is requested by a User (as determined by Venku in its sole discretion), and ending no later than the day before the Check-In Date, within which period a Host may confirm or reject that booking request.  Unless otherwise stated on the Site or Application, the Booking Request Period will not exceed 48-hours. 
2. “Check-In Date” means the “Check-In” date specified by the User when requesting the booking or such other date as the User and Host agree in writing.
3. “Check-In Time” means the “Check In” time, as specified by the Host in the Listing, on the Check-In Date. 
4. “Content” means all information, data, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, advertising materials, promotional materials, contest materials, pricing information and programs made available or enabled via the Site and/or Application.  “Venku Content” is Content provided by Venku; “Member Content” is Content provided by Members or by other third parties; 
5. “Host” means a Member that lists an Opportunity through the Site and/or Application;
6. “Member(s)” means, as applicable, (1) a person who creates an Venku Account or (2) in the event that a person creates an Venku Account on behalf of a company or other entity, the specified company or entity.  Members include, but are not necessarily limited to, Hosts and Users;  
7. “Opportunity” or “Opportunities” means an outdoor recreational activity and may mean any of the following, as offered in a Listing: (a) land or an object on land (e.g., recreational property, lakes, streams, structures, buildings or trails), (b) an activity that may be undertaken on physical property, such as hunting, hiking, birdwatching, or fishing, (c) services, such as guided experiences, and (d) such other activities as may be offered by Hosts from time to time;
8. “Policies” means the policies that we post in the Application and/or on the Site that govern the access to and use of the Application, Services and Site.
9. “Services” means all services and resources offered, made available or enabled via the Site and/or Application by Venku or its third party service providers (excluding Members).
10. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, and fees (such as convention center fees) that Host may be required by law to collect and remit to governmental agencies and other similar municipal, state, federal and national agencies or entities, and other withholding and personal or corporate income taxes.
11. “User” means both (a) the individual now registering as a user of the Site and/or Application, or the existing user of the Site and/or Application now agreeing to these Terms, as the case may be, and (b) if applicable, the company or other entity specified by you as the User (any such entity, “Your Company”), in each case for the purposes of viewing and/or booking Opportunities;

    2. Consent

You represent that you are at least 18 years of age, and are of the age of legal majority in your state or country of residence.  You represent that you have legal authority to form binding contracts under applicable law on behalf of yourself and, if applicable, Your Company. 

1. Cooperation with Venku

If Venku requests your reasonable assistance in connection with a claim that is made against it, you agree to provide such assistance. 

1. Licenses

Subject to your compliance with these Terms, Venku grants you a limited, revocable, non-exclusive, non-transferable license to (a) download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use, and (b) access and use the Application, Site, Content and Services solely for the purpose of searching for and viewing information about Opportunities.  If you are a Member, Venku also grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Application, Site, Content and Services solely for the purposes of posting and advertising Opportunities (each such post is a “Listing”), connecting with other Members for the purpose of negotiating the purchase, rental, lease or license of one or more Opportunities, using the Services and any other purposes clearly stated on, as applicable, the Site or Application, all in accordance with these Terms.  Any use of the Site, Application, Content or Services that is not for one of these purposes, is not in accordance with these Terms or is not authorized by us in writing is expressly prohibited.

1. Venku’s Role
1. Venku does not own, sell, resell, furnish, provide, rent, re-rent, manage, control and/or operate  the Opportunities.  Unless explicitly specified otherwise in these Terms or on the Application and/or Site, Venku does not provide any services other than: (i) facilitating the availability of the Site, Application and Services, and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Users on behalf of the Host.
2. Venku CANNOT AND DOES NOT CONTROL THE MEMBER CONTENT (INCLUDING, WITHOUT LIMITATION, THE CONTENT CONTAINED IN ANY LISTINGS) OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY OPPORTUNITIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Venku DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND OPPORTUNITIES.  ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE USER’S OWN RISK.
2. Accounts
1. Venku Accounts.  You may be able to view Listings as an unregistered visitor to the Site or Application; however, if you wish to book an Opportunity or create a Listing, you must first create an account (an “Venku Account”) (i) directly via the Site or Application or (ii) by logging into an account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”) via our Site or Application, as described below.  You will then be considered a “Member”.
2. Third-Party Accounts & SNS Content.  You may link your Venku Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Venku through the Site or Application; or (ii) allowing Venku to access your Third-Party Account, if permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you are entitled to disclose your Third-Party Account login information to Venku and/or grant Venku access to your Third-Party Account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Venku to pay any fees or making Venku subject to any usage limitations imposed by such third-party service providers.  By granting Venku access to any Third-Party Accounts, you understand that Venku may be able to access and store any Content that you have provided to and stored in your Third-Party Account (“SNS Content”).  Unless otherwise specified in these Terms, all SNS Content, if any, will be considered Member Content for all purposes of these Terms.  Depending on the Third-Party Accounts you choose to connect to your Venku Account and the applicable privacy settings in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Venku Account on the Site and/or Application.  Please note that if a Third-Party Account or associated service becomes unavailable or Venku’s access to such Third-Party Account is terminated, then SNS Content may no longer be available on and through the Site or Application.  You have the ability to disable the connection between your Venku Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application; in which case your Venku Account may be closed and you may need to create a new account to remain a Member.  PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.  Venku makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Venku is not responsible for any SNS Content.
3. Limitations on Accounts.  You may not have more than one (1) active Venku Account. 
4. Personal Information.  We will create your Venku Account and your Venku Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above.  You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. 
5. Suspension/Termination of Accounts.  Venku reserves the right to suspend or terminate your Venku Account and your access to the Site, Application and Services if you create more than one (1) Venku Account or if any information provided during the registration process is or thereafter becomes inaccurate, not current or incomplete. 
6. No Sharing of Accounts.  You agree that you will not allow others to use your Venku Account, and will not use your Venku Account or the Application or Site on an outsourcing basis or on behalf of third parties (unless You created the Venku Account on behalf of Your Company and are using the Venku Account on behalf of Your Company). 
7. Passwords.  You are responsible for safeguarding your password.  You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Venku Account, whether or not you have authorized such activities or actions.  You will immediately notify Venku of any unauthorized use of your Venku Account.
3. Opportunity Listings
1. Creation of Listings. As a Member, you may create Listings.  To create a Listing, you must provide certain information (as specified by Venku) about the Opportunity to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Opportunity and pricing and related rules and financial terms.  In order to be featured in Listings, all Opportunities must have valid physical addresses.  Listings may be made publicly available via the Site and Application. 
2. Booking of Listings.  Other Members may submit a request to book your Opportunity via the Site or Application based upon the information provided in your Listing.  You understand and agree that once a Member submits a request to book your Opportunity, you may not request the Member to pay a higher price than in the Listing.
3. Host Responsibility for Listings.  Each Host acknowledges and agrees that it is responsible for any and all Listings it posts.  Accordingly, each Host represents and warrants that any Listing that Host posts and the booking of, and a User’s use of or participation in, an Opportunity in a Listing that Host posts, (i) will not breach any agreements Host has entered into with any third parties, such as lease or rental agreements, and (ii) will (a) comply with all applicable laws (such as zoning laws and laws governing the use of recreational and other properties), Tax requirements, and rules and regulations that may apply to any Opportunity included in Host’s Listing (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.  Venku assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. 
4. Removal of Listings.  Venku reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including any Listing that Venku, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Venku’s then-current Policies, or otherwise harmful to the Site, Application or Services or any person or entity.
5. No Venku Responsibility for Opportunities.  Each Host understands and agrees that Venku does not act as an insurer or as a contracting agent for any Opportunities.  If a User requests a booking of an Opportunity and partakes in an Opportunity, any agreement about such Opportunity is between the Host and User, and Venku is not a party thereto.  Notwithstanding the foregoing, Venku serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Users of such amounts specified in the applicable Listing.
6. User Requirements to Book.  When a Host creates a Listing, the Host may include certain requirements that must be met by Users for them to be eligible to request a booking, including, but not limited to, requiring Users to have a profile picture or verified phone number.  Any User wishing to book an Opportunity included in a Listing with such requirements must meet these requirements.  More information on how to set such requirements is available via the “Hosting” section of the Site and Application.
7. Accepting Bookings.  Venku makes certain tools available to Hosts to help them make informed decisions about confirming and rejecting requests for bookings.  You acknowledge and agree that each Host (and not Venku) is responsible for its own acts and omissions and is also responsible for the acts and omissions of any individuals who may occupy or are otherwise present at the Opportunity, excluding the User (and the individuals the User invites to the Opportunity, if applicable).
8. Insurance.  Venku recommends that Hosts obtain appropriate insurance for their Opportunities, and review any insurance policy that they may have for their Opportunities to make sure that they are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not the insurance policy will cover the actions or inactions of Users (and the individuals the User invites to the Opportunity, if applicable) while partaking in an Opportunity.
4. No Endorsement
1. General.  Venku does not endorse any Member or any Opportunity.  Although Venku may in its discretion take steps designed to help verify or check the identities or backgrounds of Members, we do not make any representations about, confirm, or endorse any Opportunity, any Member or any Member’s purported identity or background.
2. “Verified” and “Connected”.  Any references in the Site or Application to a User being “verified” or “connected” (or similar language) only indicate that the User has completed a relevant verification process, and do not represent an endorsement, certification or guarantee by Venku about any Member, including the Member’s identity and whether the Member is trustworthy, safe or suitable.  Instead, any such description is provided for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Application.  We therefore recommend that you always exercise due diligence and care when deciding whether to partake in an Opportunity, accept a booking request from a User, or have any other interaction with any other Member. 
5. Bookings and Financial Terms
1. Key definitions
1. i)“Opportunity Fees” means the amounts that are due and payable by a User in exchange for that User’s use of or partaking in an Opportunity.  The Host, and not Venku, determines these amounts, as identified in the applicable Listing.  Host may, in his or her sole discretion, include in these amounts (i) incidental fees or any other fee permitted on the Venku platform, and/or (ii) applicable Taxes.
2. ii)“User Fees” means the fee that Venku charges a User for the use of its Site, Application and/or Services, which is calculated as a percentage of the applicable Opportunity Fees.  The User Fees will be displayed to the User when submitting a booking request .
3. iii)“Host Fees” means the fee that Venku charges a Host for the use of its Site, Application and Services, which is calculated as a percentage of the applicable Opportunity Fees for each Opportunity that is booked by a User.  The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective User.
4. iv)“Service Fees” means collectively the User Fees and the Host Fees.
5. v)“Total Fees” means collectively the Opportunity Fees and the User Fees (plus any Taxes in respect of User Fees, such as VAT in Europe).
2. Bookings and Financial Terms for Hosts
1. i)Booking Requests.  When a booking is requested for an Opportunity via the Site or Application, Host must either confirm or reject the booking request within the Booking Request Period or the booking request will be automatically cancelled.  When a booking is requested via the Site or Application, we will share the following information with Host so that Host can view such information before confirming or rejecting the booking request: (i) the first and last name provided by the User who has requested the booking, (ii) a link to the User’s Venku Account profile page, (iii) the names of any members of an SNS with whom Host is “friends” or associated on the SNS if such individuals are also “friends” or associated with the User on such SNS, and (iv) an indication as to whether the name that the User provided to Venku when the User became a Member matches the name that the User provided to the SNSs to which the User has linked his or her Venku Account.  If Host is unable to confirm or rejects a booking request within the Booking Request Period, any amounts collected by Venku for the requested booking will be refunded to the applicable User’s credit or debit card or such other method as Venku or its payment processor elects to use.  When Host confirms a booking requested by a User, Venku will send Host an email, text message or message via the Application confirming such booking, depending on the selections Host makes via the Site or Application.
2. ii)Collection of Total Fees and Payment of Host Fees.  Venku will collect the Total Fees when the Host confirms the booking request and will initiate payment of the Opportunity Fees (less Venku’s Host Fees) to the Host within 24 hours of the scheduled “Check-In” Time for the applicable Opportunity (except to the extent that a refund is due to the User).  The time it takes for the Host to receive payments may depend upon the method Host selected for receiving payouts.  Some methods involve the use of third-party payment processors, who may deduct their own additional fees for the use of their services.
3. iii)Withholdings.  If you owe or agree to pay any amount to Venku (whether as a result of your bookings or actions as a User or otherwise), then Venku may (but is not obliged to) withhold the amount owing to Venku from any payout amounts due to you as a Host, and use the withheld amount to set off the amount owed by you to Venku.  If Venku does so, then your obligation to pay Venku will be extinguished to the extent of the amount withheld by Venku, and Venku will not owe any obligations to you (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
3. Appointment of Venku as Limited Payment Collection Agent for Host
1. i)Appointment.  Each Host hereby appoints Venku as the Host’s limited payment collection agent solely for the purpose of accepting the Opportunity Fees from Users.
2. ii)Payment to Ouside360.  Each Host agrees that payment made by a User to Venku shall be considered the same as a payment made directly to the Host, and the Host will make the Opportunity available to the User in the agreed-upon manner as if the Host has received the Opportunity Fees. 
3. iii)Payments from Users.  Each Host understands that Venku’s obligation to pay the Host is subject to these Terms and subject to and conditional upon successful receipt of the associated payments from Users.  Venku does not guarantee payments to Hosts for amounts that have not been received by Venku from Users.  In accepting appointment as the limited authorized agent of the Host, Venku assumes no liability for any acts or omissions of the Host.
4. iv)Listing Fees.  Venku does not currently charge fees for the creation of Listings.  However, each Host acknowledges and agrees that Venku reserves the right, in its sole discretion, to charge fees for the creation of Listings and each Host agrees to pay such fees in the event that Venku implements a Listing fee.
4. Bookings and Financial Terms for Users
1. i)Terms Governing Opportunities.  Each User that books an Opportunity (1) will be required to enter into an agreement with the Host of that Opportunity and (2) must accept any terms, conditions, rules and restrictions associated with such Opportunity imposed by the Host in order to participate in the applicable Opportunity.  Each Users is responsible for contacting the Host of an Opportunity to obtain such terms, conditions, rules and restrictions if the User would like to view them prior to participating in such Opportunity.  Note that certain listings may include such terms, conditions, rules and restrictions (including, without limitation, waivers of liability) within the Listing.  Each User acknowledges and agrees that he/she, and not Venku, will be responsible for performing the obligations of any such agreements. 
2. ii)Processing Payments for Opportunities.  Upon User’s payment of the Total Fees to Venku, User’s payment obligation to the Host for the Opportunity Fees is extinguished, and Venku is responsible for remitting the Opportunity Fees (less the Host Fees and any Taxes on the Opportunity Fees) in the manner described in these Terms. 
3. iii)Total Fees.  Each User agrees to pay Venku for the Total Fees (as displayed on the Site or Application) for any booking requests submitted via User’s Venku Account if such requests are confirmed by the applicable Host(s). 
4. iv)Billing Information.  In connection with a requested booking, User will be required to provide billing information such as name, billing address and credit card information either to Venku or its third-party payment processor(s). 
5. v)Authorized Payments.  If User submits any booking requests, User understands and agrees that Venku, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via User’s credit card for the Total Fees or (ii) charge User’s credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which User is transacting (e.g. one euro or one British pound), to verify User’s credit card.  After Venku receives confirmation of User’s booking from the applicable Host, Venku will (1) send User a confirmation email summarizing User’s confirmed booking, and (2) collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing.  In some instances, Members may be required to make recurring payments (e.g., subscription fees, Listing fees) (collectively, “Recurring Payments”).  More information on Recurring Payments will be made available via the Site and/or Application, if applicable.  If Recurring Payments apply to a confirmed booking, then the User authorizes Venku to collect the Total Fees, and the Host agrees that such Venku entity will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, as identified on the Site and/or Application.  User hereby authorizes the collection of all such amounts by charging the credit card provided as part of the booking request, and also authorizes Venku to charge such credit card in the event of damage caused at an Opportunity as contemplated under “Damage to Opportunities” below and for Security Deposits, if applicable, either directly by Venku or indirectly via a third-party online payment processor. 
6. vi)Third Party Payment Processors.  If Venku uses any third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.  Please review such terms and conditions and privacy policy before using the services.  Please note that Venku cannot control any fees that may be charged to a User by his or her bank related to Venku’s collection of the Total Fees, and Venku disclaims all liability in this regard. 
5. Security Deposits.  Hosts may choose to include security deposits in their Listings (“Security Deposits”).  Each Listing will describe whether a Security Deposit is required for the applicable Opportunity.  If a Security Deposit is included in a Listing for a confirmed booking of an Opportunity, Venku will use commercially reasonable efforts to obtain a pre-authorization of the User’s credit card in the amount specified for the Security Deposit within a reasonable time prior to the User’s Check-In Time at the applicable Opportunity.  Venku will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Venku is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
6. Service Fees
1. i)Service Fees & Taxes.  In consideration for the use of the Site, Application and Services, Venku charges the Service Fees.  Where applicable, Taxes may also be charged on the Service Fees.  Except as otherwise provided in these Terms or other Policies, Service Fees are non-refundable.
2. ii)Payment of Opportunity Fees.  Venku deducts the Host Fees from the Opportunity Fees before remitting the balance to the Host as described in these Terms.  Balances will be remitted by Venku to Hosts via check, direct deposit or other payment methods described on the Site or Application, in the currency selected by Host via the Site or Application.  Amounts may be rounded up or down as described in the “Rounding Off” section below.
3. iii)Currency Conversion Costs.  Venku may impose or deduct foreign currency processing costs on or from any payments or payouts by Venku in currencies other than U.S. dollars.  More information on any such costs or deductions may be available via the Site and Application. 
7. General Booking and Financial Terms
1. i)Cancellations by Users and Refunds.  If a User cancels a requested booking before the Host confirms the requested booking, Venku will cancel any pre-authorization to User’s credit or debit card and/or refund any nominal amounts charged to User’s credit or debit card in connection with the requested booking within a commercially reasonable time.  If User wishes to cancel a confirmed booking made via the Site or Application, either prior to or after arriving at the Opportunity, the cancellation policy identified in the applicable Listing will apply and determines whether Venku will refund any portion of the Opportunity Fees to you.  Each Host agrees that Venku may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (1) permit the User to cancel the booking and (2) refund to the User that portion of the Opportunity Fees specified in the applicable cancellation policy.  Additional details regarding refunds and cancellation policies are available via the Site and Application (including in the Cancellation Policy, which is incorporated herein). 
2. ii)Cancellations by Hosts. 
1. If a Host cancels a confirmed booking made via the Site or Application, (i) Venku will refund the Total Fees for such booking to the applicable User within a commercially reasonable time of the cancellation and (ii) the User may receive an email or other communication from Venku containing alternative Listings and other related information.  If the User requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the User’s requested booking, then the User agrees to pay Venku the Total Fees relating to the confirmed booking for the Opportunity in the alternative Listing, in accordance with these Terms.  If a Host cancelled a confirmed booking and you, as a User, have not received an email or other communication from Venku, please contact Venku at info@Venku.com or via the “Contact Us” form on the Site.
2. If, as a Host, you cancel a confirmed booking, Venku may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). 
3. iii)Cancellations by Venku.  In certain circumstances, Venku may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site or Application.  This may be for any reason.  Venku may also determine, in its sole discretion, to refund to the User part or all of the amounts charged to the User in accordance with the Refund Policy at http://www.Venku.com/, which is incorporated herein.  You agree that neither Venku nor the relevant User or Host will have any liability for such cancellations or refunds.
8. Rounding Off.  Venku may, in its sole discretion, round up or round down amounts that are payable from or to Users or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Venku will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers.  In those cases, Venku may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Venku to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

1. i)Payment Processing Errors.  We will take steps to rectify any payment processing errors that we become aware of.  These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
2. ii)Donations.  Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site or Application to a particular cause or charity.  We do not take any responsibility or liability for whether the Host makes such donation, and the Host is solely responsible for compliance with such obligations.
3. Taxes.  You agree that Venku bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site or Application by any jurisdiction having taxing authority over the sale or transaction.  You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site or Application, except taxes imposed on or measured by our income.
4. Damage to an Opportunity
1. Conditions of Opportunities.  Each User is responsible for leaving each Opportunity in the condition it was in when User arrived.  User acknowledges and agrees that User is responsible for User’s own acts and omissions and are also responsible for the acts and omissions of any individuals whom User invites to, or otherwise provides access to, the Opportunity.  In the event that a Host claims that User did not leave an Opportunity in the same condition it was in when User arrived, and provides evidence of damage (e.g., photographs), User agrees to pay the cost of replacing the damaged items with equivalent items or otherwise repairing the Opportunity to return it to the same condition as when User arrived.  Venku will notify User of any such claim and User then has forty eight (48) hours to dispute any such claim.  If User does provide a written notice of dispute to Venku within such forty eight (48) hour period, Venku will charge such costs to the credit or debit card on file in User’s Venku Account.  If User responds within such forty eight (48) hour period and disputes any such claim, Venku, Host and User will thereafter work together in good faith to resolve the dispute through mediation or such other means as specified by Venku.  If we are unable to charge the credit card on file or otherwise collect payment from User, User agrees to remit payment for any damage to the Opportunity to the applicable Host or to Venku (if applicable).
2. Cooperation for Complaints/Claims.  Both Users and Hosts agree to cooperate with and assist Venku in good faith, and to provide Venku with such information and take such actions as may be reasonably requested by Venku, in connection with any complaints or claims made by Members relating to Opportunities or any personal or other property located at an Opportunity or with respect to any investigation undertaken by Venku or a representative of Venku regarding use or abuse of the Site, Application or the Services.  If you are a Member, upon Venku’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with other Members, at no cost to you, which process will be conducted by Venku or a third party selected by Venku, with respect to losses for which the other Member is requesting payment from Venku.
3. User’s Insurance.  Each User understands and agrees that Venku reserves the right, in its sole discretion, to make a claim under User’s homeowner’s, landowner’s, renter’s or other insurance policy related to any damage or loss that User may have caused or been responsible for or to an Opportunity or any personal or other property located at an Opportunity.  Each User agrees to cooperate with and assist Venku in good faith, and to provide Venku with such information as may be reasonably requested by Venku, in order to make a claim under User’s homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Venku may reasonably request to assist Venku in accomplishing the foregoing.
5. Foreign Currency
1. Currency Conversions.  Users and Hosts may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions.  Although the Site and Application show the price of Listings in different currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location.
2. Currency Conversion Rate.  Each foreign currency conversion is processed at a foreign currency conversion rate.  This rate and the processing of currency conversions is determined by Venku’s payment processor(s). 
6. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and/or Content.  In connection with your use of the Site, Application, Services and/or Content, you may not and you agree that you will not: 

1. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
2. use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
3. use the Site, Application, Services or Content for any commercial or other purposes that are not expressly permitted by these Terms;
4. copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
5. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
6. interfere with or damage the Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
7. use the Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others (without their permission), personal contact information or credit, debit, calling card or account numbers;
8. use the Site, Application, Services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to our Site, Application, Services;
9. “stalk” or harass any other user of the Site, Application, Services or Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Venku User or Host;
10. offer, as a Host, any Opportunity that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Opportunities as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
11. offer, as a Host, any Opportunity that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
12. register for more than one Venku Account or register for an Venku Account on behalf of an individual other than yourself;
13. unless Venku explicitly permits otherwise, request to or book an Opportunity if you will not actually be partaking in the Opportunity yourself;
14. contact a Host for any purpose other than asking a question related to a booking, such Host’s Opportunities or Listings;
15. contact a User for any purpose other than asking a question related to a booking or such User’s use of the Site, Application and Services;
16. recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Venku, without Venku’s prior written approval;
17. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
18. use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Content;
19. use the Site, Application, Services or Content to find a Host or User and then complete a booking of an Opportunity independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Venku’s provision of the Services or for any other reasons;
20. as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
21. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
22. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
23. use, display, mirror or frame the Site, Application, Services or Content, or any individual element within the Site, Application, Services or Content, Venku’s name, any Venku trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Venku’s express written consent;
24. access, tamper with, or use non-public areas of the Site, Application or Services, Venku’s computer systems, or the technical delivery systems of Venku’s providers;
25. attempt to probe, scan, or test the vulnerability of any Venku system or network or breach any security or authentication measures;
26. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Venku or any of Venku’s providers or any other third party (including another user) to protect the Site, Services, Application or Content;
27. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Content to send altered, deceptive or false source-identifying information;
28. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Content; or
29. advocate, encourage, or assist any third party in doing any of the foregoing.
1. Investigations

Venku has the right to investigate and prosecute violations of these Terms to the fullest extent of the law.

1. Disclosure of Information

Venku may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Venku or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Members, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Venku, its users, or members of the public.  You acknowledge that Venku has no obligation to monitor your access to or use of the Site, Application, Services or Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.  Venku reserves the right, at any time and without prior notice, to remove or disable access to any Content that Venku, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

1. Privacy

See Venku’s Privacy Policy at http://www.Venku.com/ for information and notices concerning Venku’s collection and use of your personal information.

1. Ownership

The Site, Application, Services, and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  You acknowledge and agree that the Site, Application, Services and Content, including all associated intellectual property rights, are the exclusive property of Venku and its licensors.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Content.

1. Venku Content and Member Content License
1. License.  Subject to your compliance with the terms and conditions of these Terms, Venku grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Venku Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.  You have no right to sublicense the license rights granted in this section.
2. Restrictions.  You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Content, except as expressly permitted in these Terms.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Venku or its licensors, except for the licenses and rights expressly granted in these Terms.
3. Member Content
1. i)License to Venku.  We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content.  By making available any Member Content on or through the Site or Application, you hereby grant to Venku a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services.  Venku does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
2. ii)Responsibility for Member Content.  You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Application.  Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and/or Application or you have all rights, licenses, consents and releases that are necessary to grant to Venku the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Venku’s or its licensees’ use, reproduction, modification, distribution, transfer, display, performance, transmission, streaming, broadcast, access, and other exploitation of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
2. Links
1. The Site and Application may contain links to third-party websites or resources.  You acknowledge and agree that Venku is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by Venku of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
2. Some portions of the Site and Application implement Google Maps/Earth mapping services, including Google Maps API(s).  Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.
3. Some portions of the Site and Application implement GeoLite2 Data created by MaxMind, available from https://www.maxmind.com. Your use of GeoLite2 is subject to MaxMind’s terms of use, located at: https://www.maxmind.com/en/terms-of-use.
3. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Venku used herein are trademarks or registered trademarks of Venku.  Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”).  You may submit Feedback by emailing us at terms@Venku.com or through the “Contact” (http://www.Venku.com/) section of the Site and Application.  You acknowledge and agree that all Feedback will be the sole and exclusive property of Venku and you hereby irrevocably assign to Venku and agree to irrevocably assign to Venku all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.  At Venku’s request and expense, you will execute documents and take such further acts as Venku may reasonably request to assist Venku to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

1. Copyright Policy

Venku respects copyright law and expects its users to do the same.  It is Venku’s policy to terminate in appropriate circumstances the Venku Accounts of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. 

If you believe that your work has been copied and is accessible on the Site or Application in a way that constitutes copyright infringement, you may notify our agent as provided in this Section.  Pursuant to Title 17, United States Code, Section 512(c)(2), Venku designates the following individual as its agent designated to receive notification of claimed copyright infringement (“Designated Agent”). 

Venku
Cape Girardeau, Missouri 63703
Phone:844-688-7437
Email: murielle@venku.com 

1. Suspension, Termination and Venku Account Cancellation
1. By Venku.  We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Venku Account.  If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Venku Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Venku Account, or your Member Content, or receive assistance from Venku customer service, (b) any pending or accepted bookings as either Host or User will be immediately terminated, (c) we may communicate to your Users and/or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Users in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (e) we may contact your Users to inform them about potential alternate Opportunities with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Venku Account.  If we suspend, deactivate or cancel your Venku Account, you agree not to create another Venku Account without our express written permission, and agree not to access, or attempt to access, any disabled, suspended or terminated Venku Account unless and until you receive written authorization from us to do so. 
2. By Member.  You may be able to cancel your Venku Account via the Application or Site or by sending an email to terms@Venku.com.  Please note that if your Venku Account is cancelled, (i) we do not have an obligation to delete or return to you any Content you have posted to or provided via the Site, Application and Services, including, but not limited to, any reviews or Feedback, and (ii) it will not cancel any confirmed bookings.
2. Disclaimers
1. IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR CONTENT, YOU DO SO AT YOUR SOLE RISK.  THE SITE, APPLICATION, SERVICES, AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, Venku EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  Venku MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY OPPORTUNITIES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  Venku MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, OPPORTUNITIES, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Venku OR THROUGH THE SITE, APPLICATION, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
3. YOU ACKNOWLEDGE AND AGREE THAT Venku DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.
4. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WHO USER THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR USERS.  YOU UNDERSTAND THAT Venku DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY OPPORTUNITIES.  Venku MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY Venku.  Venku EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER, HOST OR OTHER THIRD PARTY.
3. Limitation of Liability
1. Claims against Third Parties.  By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users, Hosts or other third parties will be limited to a claim against the particular User, Host or other third parties who caused you harm.  You agree not to attempt to impose liability on or seek any legal remedy from Venku with respect to such actions or omissions.  Accordingly, we encourage you to communicate directly with other Users and Hosts on the Site and Application regarding any bookings or Listings made by you.  This limitation shall not apply to any claim by a Host against Venku regarding the remittance of payments received from a User by Venku on behalf of a Host, which instead shall be subject to the limitations described in the section.
2. Indirect Damages.  NEITHER Venku NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WHO USE THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, OR SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY OPPORTUNITY VIA THE SITE, APPLICATION OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Venku HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
3. Limits on Direct Damages.  EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS, IN NO EVENT WILL Venku’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION, SERVICES AND CONTENT (INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY OPPORTUNITY) OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR CONTENT, AND IN CONNECTION WITH ANY OPPORTUNITY OR INTERACTIONS WITH ANY OTHER PERSONS WHO USE THE SITE, APPLICATION OR SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR THE PARTICULAR OPPORTUNITY GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID OR OWED BY Venku TO YOU FOR THE PARTICULAR OPPORTUNITY GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. 
4. General.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Venku AND YOU.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. Indemnification

You agree to release, defend, indemnify, and hold Venku and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Content except as expressly authorized in these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Opportunity, or (iii) creation of a Listing; and (d) the use or provision of or participation in an Opportunity by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of an Opportunity.

1. Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws.  In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.  By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Opportunity is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.  Venku does not permit Listings associated with certain countries due to U.S. embargo restrictions.

1. Reporting Misconduct

If you partake in an Opportunity or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Venku by contacting us and providing us with the name of and contact information for the police station that you contacted and the police report number at terms@Venku.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

1. Entire Agreement

These Terms, the User Refund Policy and the Cancellation Policy constitute the entire and exclusive understanding and agreement between Venku and you regarding the Site, Application, Services, Content, and any bookings or Listings made via the Site, Application and Services, and these Terms, the User Refund Policy and the Cancellation Policy supersede and replace any and all prior oral or written understandings or agreements between Venku and you regarding the foregoing.

1. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Venku’s prior written consent.  Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.  Venku may assign or transfer these Terms, at its sole discretion, without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

1. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Venku (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

1. Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Missouri and the United States of America, without regard to its conflict-of-law provisions.  You and we agree to submit to the personal jurisdiction of a state court located in Cape Girardeau County, Cape Girardeau, Missouri or a United States District Court, Eastern District of Missouri located in Cape Girardeau, Missouri for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

1. Dispute Resolution
1. You and Venku agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.  You acknowledge and agree that you and Venku are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.  Further, unless both you and Venku otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.  Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
2. Arbitration Rules and Governing Law.  The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.  (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
3. Arbitration Process.  The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Missouri and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
4. Arbitration Procedure.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Venku submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.  If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
5. Arbitrator’s Decision.  The arbitrator will render an award within the time frame specified in the AAA Rules.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.  The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 
6. Fees.  Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules. 
7. Changes.  Notwithstanding the provisions of the “Modification” section above, if Venku changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to terms@Venku.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Venku’s email to you notifying you of such change.  By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Venku in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
2. General

The failure of Venku to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Venku.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.  If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

1. Contacting Venku

If you have any questions about these Terms or any App Store Sourced Application, please contact Venku at terms@Venku.com.

Venku, Inc. (hereinafter referred to as “Venku“, “we“, “us” or “our“) operates a platform and community marketplace that helps people form lasting offline experiences and relationships directly with one another, where they can create, list, discover and book unique outdoor Opportunities around the world, whether through our website or our mobile applications (when available) (“Platform”).

This Privacy Policy is intended to inform you about how we treat Personal Information that we process about you. If you do not agree to any part of this Privacy Policy, then we cannot provide the Platform to you, and you should stop accessing the Platform and deactivate your Venku account. You can find out more about how to deactivate your Venku account at https://www.venku.com.

DEFINITIONS

Where the definition of a term does not appear in this Privacy Policy (such as “Listing”, “Opportunity”, “Content” etc.), it shall be given its definition as outlined in our Terms of Service (http://www.venku.com).

“Aggregated information” means information about all of our users or specific groups or categories of users that we combine together and which does not include the users’ Personal Information.

“Data Controller” means Venku, the company responsible for the use of and processing of Personal Information.

“Personal Information” means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.

WHAT TYPES OF INFORMATION DOES VENKU GATHER ABOUT ITS USERS?

1. Information that you give us

We receive, store and process information that you make available to us when accessing or using our Platform. Examples include when you:

fill in any form on the Platform, such as when you register or update the details of your user account;

access or use the Platform, such as to search for or post Opportunities, make or accept bookings, pay for Opportunities, book or pay for any associated services that may be available, post comments or reviews, or communicate with other users;

link your account on a third party site (e.g. Facebook) to your Venku account, in which case we will obtain the Personal Information that you have provided to the third party site, to the extent allowed by your settings with the third party site and authorized by you; and

communicate with Venku.

2. Mobile Data (when available)

When you use certain features of the Platform, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.

3. Log Data

We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with Venku or logged in to your Venku account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.

4. Cookies, and other Tracking Technologies

Venku uses cookies and other similar technologies on the Platform. We may also allow our business partners to use their cookies and other tracking technologies on the Platform. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners.

While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Venku services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.

We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Platform – it just will not be tailored to your interests.

Third parties may not collect information about users’ online activities on the Platform except as described in this policy and our Cookie Policy.

5. Third-party social plugins

Our Platform may use social plugins which are provided and operated by third-party companies, such as Facebook’s Like Button.

As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.

Please refer to the third party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the third party uses such data.

HOW VENKU USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE

We use and process Information about you for the following general purposes:

to enable you to access and use the Platform;

to operate, protect, improve and optimize the Platform, Venku’s business, and our users’ experience, such as to perform analytics, conduct research, and for advertising and marketing;

to help create and maintain a trusted and safe environment on the Platform, such as fraud detection and prevention, conducting investigations and risk assessments, verifying the address of your listings, verifying any identifications provided by you, and conducting checks against databases such as public government databases;

to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

where we have your consent, to send you marketing and promotional messages and other information that may be of interest to you, including information sent on behalf of our business partners that we think you may find interesting. You will be able to unsubscribe or opt-out from receiving these communications in your settings (in the “Account” section) when you login to your Venku account;

to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Venku or our business partners; and

to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

HOW VENKU USES AND PROCESSES USER COMMUNICATIONS

We may review, scan, or analyze your communications with other users exchanged via the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Users to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug product offerings.

We will not review, scan, or analyze your communications for sending third party marketing messages to you. We will also not sell these reviews or analyses of communications to third parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that Venku, in its sole discretion, may review, scan, analyze, and store your communications, whether done manually or through automated means.

WHEN VENKU DISCLOSES OR SHARES PERSONAL INFORMATION, AND TO WHOM

IMPORTANT: When you use the Platform, your data may be sent to the United States and possibly other countries

We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area (“EEA“) including the United States. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.

If you are located in the EEA or in Switzerland, please also see our Safe Harbor Notice (https://www.venku.com).

Your Personal Information may be disclosed as follows:

Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes.

Your public Listing page will always include some minimum information such as the city or county where the Opportunity is located, your public profile photo and your responsiveness in replying to Guests’ queries. Parts of your public Listing page may be displayed in other parts of the Platform to other users for marketing purposes. The Platform may also display the Opportunities approximate geographic location on a map, such that a user can see the general area of the Opportunity.

The Platform allows your public profile and public Listing pages to be included in search engines, in which case your public profile and public Listing pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by changing your settings on the Platform. If you change your settings or the information on your public profile or public Listing pages, third-party search engines may not update their databases quickly or at all. We do not control the practices of third-party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public Listing pages.

When you submit a request to book an Opportunity, your full name will become visible to the Host. In addition, if you agree to be contacted by the Host by phone when submitting your request and the Host decides to do so, Venku will call your phone number first, before connecting you with the Host. We will not share your phone number unless there is a confirmed booking.

When your request to book an Opportunity is accepted by the Host or when you accept a Users’s request to book your Opportunity, we will disclose some of your Personal Information to the Host or User. However, your billing information will never be shared with another user.

When a User partakes of your Opportunity or when you stay at a Host’s Opportunity, we will ask you to review the User or the Opportunity. If you choose to provide a review, your review may be public on the Platform.

You may link your account on a third party social networking site to your Venku account. We refer to a person’s contacts on these third party sites as “Friends”. When you create this linkage:

some of the information you provide to us from the linking of your accounts may be published on your Venku account profile;

your activities on the Platform may be displayed to your Friends on the Platform and/or that third party site;

other Venku users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;

other Venku users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s); and

the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes.

The publication and display of information that you provide to Venku through this linkage is subject to your settings and authorizations on the Platform and the third party site.

We may distribute parts of the Platform (including your Listing) for display on sites operated by Venku’s business partners, using technologies such as HTML widgets. If and when your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.

We may allow our related entities such as our subsidiaries, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy.

We may also engage third party companies and individuals, who may be located outside of the EEA, to provide services to us, including services to help verify your identification or to conduct checks against databases such as public government databases (where legally allowed). We may provide Personal Information about you to these third parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. We will ensure that such third parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.

You acknowledge, consent and agree that Venku may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against Venku; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users, such as the Terms of Service, and the Host Guarantee Terms and Conditions ; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Venku, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless prohibited by law or by the government request, or if doing so would be futile or ineffective.

We may also publish, disclose and use Aggregated Information and non-personal information for industry analysis, demographic profiling, marketing and advertising, and other business purposes.

BUSINESS TRANSFERS BY VENKU

If Venku undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.

HOW TO CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR VENKU ACCOUNT

You may review, update, correct or delete the Personal Information in your Venku account by logging in to your account. If you would like to cancel your Venku account entirely, you can do so by logging in to your account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your first name, even after your Venku account is cancelled.

KEEPING YOUR PERSONAL INFORMATION SECURE

We have implemented reasonable administrative, technical, and physical security measures to protect your Personal Information against the unauthorized access, destruction or alteration of your information. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your Personal Information that we store.

YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES

The Platform will contain links to other websites not owned or controlled by Venku. Venku does not have any control over third party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit.

Some portions of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use (located at http://www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located at http://www.google.com/privacy.html), as may be amended by Google from time to time.

SPECIAL FEATURES AND PROGRAMS

Referral service and requesting for references

The Platform provides a referral service that allows you to invite your friends and contacts to use the Platform. The Platform also allows you to ask your friends and contacts to write a reference for you, to be published on your Venku profile.

We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and Venku does not collect or retain the contact information that is used to send them.

You may also send invitation/request emails via the Platform itself, in which case we will ask you for the email addresses to send these emails to. You can type in the email addresses manually, or you can request Venku to import the contacts in your email account address book(s). In both cases, we will use the information sent to us for the sole purpose of sending your friends and contacts a one-time email, inviting him or her to visit the Platform or to write a reference for you. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins Venku in response to your referral.

If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.

CHANGES TO THIS PRIVACY POLICY

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion.

We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on the Platform or by sending an email to you. We will also update the “Last Updated Date” at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.

It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate your Venku account. You can find out more about how to deactivate your Venku account at https://www.venku.com.

GOT FEEDBACK?

Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at terms@venku.com.

FOR USERS RESIDING IN THE EU ONLY: YOUR RIGHTS TO REVIEW AND UPDATE INFORMATION

If you reside in the EU, you may request in writing copies of your Personal Information held by us. We will provide you with a copy of the Personal Information held by us as soon as practicable and in any event not more than 40 days after the request in writing. There may be a charge to access your personal data (which will not exceed €6.35 in Ireland and £10 in the United Kingdom). We may also request proof of identification to verify your access request. All requests should be addressed to our Data Protection Compliance Officer, 627 Good Hope Street, Cape Girardeau Missouri 63703.

We endeavor to keep your information accurate, complete and up to date. If your Personal Information that we hold is inaccurate, please let us know and we will make the necessary amendments, erase or block the relevant information and notify you within 40 days of your request that the relevant action has been taken.

You may also request the erasure of your personal data if you believe we are otherwise in breach of relevant data protection legislation. All requests should be addressed to our Data Protection Compliance Officer, 627 Good Hope Street, Cape Girardeau Missouri 63703. There is no charge for making such a request.

COOKIE POLICY

Venku uses “cookies” in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information.

Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies.

Venku cookies and third party cookies

Venku may place our cookies on your device via the Platform. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our cookies.

We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, third parties may also place cookies on your device for advertising purposes.

There are two types of cookies used on the Platform, namely “persistent cookies” and “session cookies”.

Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Platform.

Other technologies

The Platform may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.

Uses for Venku cookies

Venku uses cookies for a number of purposes, such as the following:

to enable, facilitate and streamline the functioning of the Platform across different webpages and browser sessions.

to simplify your access to and use of the Platform and make it more seamless.

to monitor and analyze the performance, operation and effectiveness of the Platform, so that we can improve and optimize it.

to show you content (which may include advertisements) that is more relevant to you.

Uses for third party cookies

Our partners’ cookies are intended to obtain information to help them provide services to Venku. For example, third party companies and individuals we engage to provide services to us may track your behavior on our Platform to market and advertise Venku listings or services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Platform – it just will not be tailored to your interests.

In addition, Facebook places a cookie via the Platform that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the Venku mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app.

Disabling Cookies

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Platform. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website (http://www.adobe.com/) and make changes at the Global Privacy Settings Panel (http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html).

Changes to this Cookie Policy

We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Platform or by sending you an email.

It’s important that you review the changed Cookie Policy. If you do not wish to agree to the changed Cookie Policy, then we cannot continue to provide the Platform to you, and your only option is to stop accessing the Platform and deactivate your Venku account. You can find out more about how to deactivate your Venku account at https://www.venku.com.

 

General

When you opt-in to the service, we will send you a message to confirm your signup.

By opting into messages, you agree to receive recurring automated marketing and informational text messages from Venku. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction. Venku reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Venku also reserves the right to change the short code or phone number where messages are sent.

Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.

Your consent to receive marketing messages is not a condition of purchase.

Carriers

Carriers are not liable for delayed or undelivered messages.

Cancellation

You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Venku again, just sign up as you did the first time and Venku will start sending messages to you again.

Info

Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at info@venku.com.

Transfer of Number

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at info@venku.com. The duty to inform us based on the above events is a condition of using this service to receive messages.

Privacy

If you have any questions about your data or our privacy practices, please visit our [Privacy Policy].

Messaging Terms Changes

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes