Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last
updated on 04/23/2008.
This Terms of Use Agreement sets forth the standards of use
of the VentureLoop, Inc. Online Service for Registered Members. By using the VentureLoop,
Inc./www.ventureloop.com website you (the "Member") agree to these terms and
conditions. If you do not agree to the terms and conditions of this agreement, you
should immediately cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this
agreement without prior notice. Modifications shall become effective immediately upon being posted at VentureLoop,
Inc./www.ventureloop.com website. Your continued use
of the Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1.
Description of Service
VentureLoop, Inc. is providing
Member with services related to recruiting, job search, news, and related
information for the venture capital and startup community. Member must provide
(1) all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member’s access to the Internet, and (3)
pay any fees relate with such connection.
2.
Disclaimer of Warranties.
The site is provided by VentureLoop,
Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted
by applicable law, VentureLoop, Inc. makes no representations or warranties of
any kind, express or implied, regarding the use or the results of this web site
in terms of its correctness, accuracy, reliability, or otherwise. VentureLoop,
Inc. shall have no liability for any interruptions in the use of this Website.
VentureLoop, Inc. disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the above-referenced exclusion is
inapplicable.
3. Limitation
of Liability
VentureLoop, Inc. SHALL NOT be liable for any damages whatsoever, and in
particular VentureLoop, Inc. shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related to this web site or the
information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if VentureLoop,
Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS DO
NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold VentureLoop, Inc., its
parents, subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys' fees and costs, made by any
third party due to or arising out of Member's use of the Service, the violation
of this Agreement, or infringement by Member, or other user of the Service
using Member's computer, of any intellectual property or any other right of any
person or entity.
5. Members
Account
All Members of the Service shall receive a password and an
account. Members are entirely responsible for any and all activities which occur
under their account whether authorized or not authorized. Member agrees to
notify VentureLoop, Inc. of any unauthorized use of Member's account or any
other breach of security known or should be known to the Member. Member's right
to use the Service is personal to the Member. Member agrees not to resell or
make any commercial use of the Service without the express written consent of VentureLoop,
Inc. External recruiting firms and their agents are not permitted to access
VentureLoop, Inc. as Members except as agents of a designated portfolio company.
6. Modifications
and Interruption to Service
VentureLoop, Inc. reserves the right to modify or
discontinue the Service with or without notice to the Member. VentureLoop, Inc.
shall not be liable to Member or any third party should VentureLoop, Inc. exercise
its right to modify or discontinue the Service. Member acknowledges and accepts
that VentureLoop, Inc. does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party
Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability of, or the content
located on or through, any third-party site. You should contact the site
administrator or webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your use of those
third-party sites is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage all Members to review
said privacy policies of third-parties’ sites.
8. Disclaimer
Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly available sources.
While VentureLoop, Inc. makes every effort to ensure that the information on
this website is accurate, we can make no representations or warranties as to
the accuracy or reliability of any information provided on this website.
VentureLoop, Inc. makes no warranties or representations
whatsoever with regard to any product provided or offered by any Vendor, and
you acknowledge that any reliance on representations and warranties provided by
any Vendor shall be at your own risk.
9. Governing
Jurisdiction of the Courts of the State of California
Our website is operated and provided in the State of California.
As such, we are subject to the laws of the State California, and such laws will
govern this Terms of Use, without giving effect to any choice of law rules. We
make no representation that our website or other services are appropriate,
legal or available for use in other locations. Accordingly, if you choose to
access our site you agree to do so subject to the internal laws of the State of
California.
10. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Member may not use the Service in any way
that violates applicable state, federal, or international laws, regulations or
other government requirements. Member further agrees not to transmit any
material that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
national, or international law or regulation.
11. Copyright and Trademark
Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2007 VentureLoop, Inc., with all rights reserved, or is the
property of VentureLoop, Inc. and/or third parties protected by intellectual
property rights. Any use of materials on the website, including reproduction
for purposes other than those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an authorized
officer of VentureLoop, Inc. is strictly prohibited. Members agree that they
will not use any robot, spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained therein without prior
written permission of an authorized officer of VentureLoop, Inc.
VentureLoop, Inc.™ and www.ventureloop.com™ are proprietary
marks of VentureLoop, Inc. VentureLoop, Inc.'s trademarks may not be used in
connection with any product or service that is not provided by VentureLoop,
Inc., in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits VentureLoop, Inc.
All other trademarks displayed on VentureLoop, Inc.'s
website are the trademarks of their respective owners, and constitute neither
an endorsement nor a recommendation of those Vendors. In addition, such use of
trademarks or links to the web sites of Vendors is not intended to imply,
directly or indirectly, that those Vendors endorse or have any affiliation with
VentureLoop, Inc.
12. Notification of Claimed
Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, VentureLoop, Inc.
designates the following individual as its agent for receipt of notifications
of claimed copyright infringement.
By Mail
Jeremy McCarthy
PO Box 591678
San Francisco, CA 94159-1678
By Telephone: 866-424-1894
By Email: help@ventureloop.com
13. Botnets and related
technologies and activities
VentureLoop, Inc. retains the right, at our sole discretion,
to terminate any accounts involved with botnets or related activities. If any
hostnames are used as command and control points for botnets, VentureLoop, Inc.
reserves the right to direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at our discretion.
14. Paid Job Posting and Resume Search
All payments for job posting, resume search, and other products and
services are final. No refunds, either in full or partial, will be given. VentureLoop may, at
its discretion, give credit for future transactions in special circumstances.
15. Resume and Candidate Use
The resume database and candidate contact database is
reserved exclusively for the use of our venture capital clients, their
portfolio companies, and the assigned agents thereof. All resumes and
candidate contact information obtained by Members may only be used for active job
opportunities at the venture capital firm or portfolio company for which they
have administrative access rights. Downloading, copying, or otherwise using
resumes or candidate contact information that is not directly related to job
openings at the venture capital firm or portfolio company who has access rights
to the database is strictly prohibited. Resumes and candidate contact
information may not be sold or solicited by Members. Violation of this policy
will result in the immediate termination of Membership and termination of access
to all VentureLoop, Inc. website properties.
Resumes and candidate contact information may not be stored
or transferred upon Member's termination of service as an employee, contractor
or agent of a venture capital firm or portfolio company client. Member agrees
to notify VentureLoop, Inc. when they are no longer an employee, contractor or
agent of a venture capital firm or portfolio company client so that their
administrative account access can be deactivated.
Violation of these terms is a breach of the VentureLoop,
Inc. terms of service and privacy policies and in violation of state and
federal law. VentureLoop, Inc. will report such violations to appropriate
state and federal agencies and may pursue civil legal action against violators.
16. Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by VentureLoop,
Inc., in our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in addition to, and shall
not be superseded by, any other written agreement between us in relation to
your participation as a Member. Member agrees that by accepting this Terms of
Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our
Privacy Policy Statement.