Contents:
Introduction
Access
Proper Usage of the App / Grant of Rights
Payments
Ventetú's Remedies
Disclaimers
Limitation of Liability
Intellectual Property
Third Parties
Changes to these Terms and Conditions
Termination
Indemnification
Governing Law and Venue
Force Majeure
Miscellaneous
Contact Us
Introduction
These terms and conditions (the "Terms") represent a legal agreement between you and Ventetú LLC ("Ventetú" or “we”), a limited liability company organized according to the laws of the Commonwealth Puerto Rico.
By using the “Ventetú” application, these Terms will automatically apply to you. These Terms contain important information about your rights and obligations in relation to your use of the App and our Services (as defined below). Therefore, you should read them carefully before using the App and the Services. By accessing and using the App, you agree to these Terms and agree to abide by them.
These Terms also apply to any other services that we may provide in relation to the application, such as customer support, social media, and other websites that we may operate from time to time (collectively, the "Services").
If you do not agree to these Terms or any future updated version of them, then you must not access and/or use, and must cease all access to the App and our Services. Your use of the App and the Services is also subject to the “Ventetú” Privacy Notice. Do not access or use the App and/or the Services if you do not want to be bound by these Terms.
You agree that if you are under 18 years of age, your legal guardian has reviewed and agreed to these Terms and has allowed you to access and/or use our Services.
Access
The App will require you to have access to an active internet connection on your device or personal computer. The connection can be Wi-Fi, or provided by your mobile network provider, but Ventetú will not take responsibility for the App not working at full functionality if you do not have an active internet connection, or if you do not have any data allowance left. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services.
Proper Usage of the App / Grant of Rights
Information, data, and/or images may be created, sent, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”), including but not limited to your username and password. You understand and agree that all Content that you may create, communicate, transmit or otherwise control when using our Services is your sole responsibility. You agree not to: (i) create or transmit or otherwise make available any Content that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, fraudulent, false, misleading, libelous, obscene or otherwise objectionable or that infringes any intellectual property right or other rights of others; and (ii) use the App or the Services in a way that abuses, disables, interferes with, or disrupts the App and/or the Services or any other person or technology
Furthermore, you also agree to protect the security of your username and password, and agree not to share this information with other individuals. You agree to notify Ventetú immediately if you become aware of any unauthorized use of any password or account or any other known or suspected breach of security or misuse of the App and/or the Services.
Subject to your compliance with these Terms at all times, Ventetú grants you a limited, personal, non-transferable, non-sublicensable, non-exclusive, revocable, right to access and use the App and the Services for your personal, non-commercial use (except as otherwise permitted by Ventetú in writing prior to any commercial use of the App and/or the Services). If you fail to comply with these Terms, you must immediately cease all use of the App and the Services. You acknowledge and agree that you do not acquire any title, ownership, proprietary rights, interests, or intellectual property rights in or to the App and/or the Services. RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY VENTETÚ.
You hereby grant to Ventetú a world-wide, perpetual, irrevocable, non-exclusive, sub-licensable, right and license to access, use, disclose, copy, distribute, reproduce, modify, adapt, publish, translate, transform, display, and commercialize the data submitted, input or uploaded by you into the App and/or the Services and all data pertaining to you within the App for the following purposes: (a) to operate the App, including, without limitation, to perform all of its features and functions, which may include, without limitation, data sharing enabled by the App; (b) to further develop and improve the App and other Ventetú products and services; (c) to monitor the performance of the App; and (d) to license, market, and sell, directly or indirectly, products and services to you.
Payments
The App might offer in-app purchases, including the sale or offering of memberships for services within the App (the “Memberships”). The Memberships have no real monetary value and can not be exchanged for real money or real goods from us or anyone else. You agree that all sales of Memberships and/or any other in-app purchases are final, non-refundable, and non-transferrable to anyone else. The price and duration for the Memberships and/or any other in-app purchases can be changed at any time by Ventetú but we will try our best to notify you of any upcoming pricing changes to you at least thirty (30) days prior to such changes.
All purchases of the Memberships and/or any other in-app purchases shall be made through your personal account and with the payment information provided by you for such purposes. You should ensure you are in agreement with these Terms prior to making any payment for any of the Memberships and/or other in-app purchases. If your transaction is not successful then your purchase will not be fulfilled. Only upon the completion of a successful payment transaction then your purchase of Memberships and/or any other in-app purchases will be fulfilled.
Ventetú's Remedies
Without limiting any other remedies or any other paragraph of these Terms, if we reasonably believe that you are in material breach of these Terms, we reserve the right to delete, suspend and/or modify your account or parts of your account, and/or to otherwise suspend and/or terminate your access to our Services, either with or without notice to you.
You agree to compensate us, to the fullest extent permitted by applicable law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
Disclaimers
Ventetú, its directors, its employees, its contractors, its affiliates, its licensors, and its services providers accept no liability and shall not be responsible for: (i) any and all loss and damages, direct or indirect, you experience resulting from use or malfunction of the App or our Services; (ii) any and all loss and damages suffered by you (or any user of the App and Services) from, or in association with, any use of the App and/or the Services; (iii) any and all loss and damages to property; (iv) computer and/or device failure and malfunction; (v) any loss of information related or associated with the App and/or the Services; and (vi) any and all loss and damages, direct or indirect, suffered by you on any events or activities related to, organized through, or associated with, the App or the Services.
Ventetú, its directors, its employees, its contractors, its affiliates, its licensors, and its services providers make no representation, warranty, or covenant, express or implied, as to the accuracy, completeness, or timeliness of: (i) the App; and/or (ii) the Services. In no event will Ventetú, its directors, its employees, its contractors, its affiliates, its licensors, and its services providers be liable to you for any losses resulting from mistakes, omissions, or delays related to the App or the Services.
To the maximum extent permitted by applicable law, Ventetú, its directors, its employees, its contractors, its affiliates, its licensors, and its services providers make available the App and the Services on an “as is” and “as available” basis, with all faults and defects and without any other warranty of any kind, and hereby disclaim any and all other warranties and conditions, whether express, implied, or statutory, including, but not limited to, warranties of title and non-infringement, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose and quality, and of lack of viruses. No oral or written information or advice given by Ventetú or a Ventetú authorized representative shall create a warranty.
Ventetú, its directors, its employees, its contractors, its affiliates, its licensors, and its services providers do not guarantee that the functions contained in the App will meet your requirements or that its operation will be uninterrupted or error-free. To the extent that applicable law requires Ventetú, its directors, its employees, its contractors, its affiliates, its licensors, and its services providers to provide warranties, you agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law.
Limitation of Liability
Notwithstanding any losses that you may incur and to the maximum extent permitted by law, the entire liability of Ventetú, its directors, its employees, its contractors, its affiliates, its licensors, and its services providers, under any provision of these Terms, or otherwise connected to these Terms, and your sole and exclusive remedies for all of the foregoing shall be limited to either the fixing, repair or other rectification of any faults within the App, even if any such loss was foreseeable or contemplated by the parties, or where applicable, the amount actually paid by you to Ventetú for the Memberships or access to the App and/or Services.
Intellectual Property
The App, and all trademarks, copyright and other intellectual property rights related to the App and to Ventetú (the “Intellectual Property”), belong to Ventetú. Therefore, you're not allowed to copy, modify, translate, or make derivative versions of the App (or any part thereof) or the Intellectual Property in any way.
While you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to use certain images that are generated from the application for personal use and distribution via social media platforms, webpages, or any other form of electronic transfer. This license does not include the right to physically reproduce any of the Intellectual Property, or to create derivative works thereof, or to use it in any way that is incompatible with these Terms.
Third Parties
We may employ third-party companies and individuals for advertising, data storage or any other Service-related services. These third parties may have access to any Content or personal information related to you but only as strictly necessary to perform the tasks assigned to them on Ventetú's behalf.
You understand that we are not responsible to you in relation to any losses or harm caused by third parties. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Changes to these Terms and Conditions
We may update these Terms from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new terms and conditions on the App. These changes are effective immediately after they are posted on the App.
Termination
Ventetú has the right to suspend or terminate your access to the App and the Services immediately and without notice or terminate the agreement contained in these Terms at any time if: (a) you breach any provision of these Terms; or (b) in other circumstances and for other reasons determined by Ventetú in its sole discretion.
Upon termination of your access to the App and/or the Services, all rights granted to you under these Terms (including, without limitation, any licenses) shall cease and you must immediately cease all activities authorized by these Terms. All data and materials related to you (including, without limitation, your data) may be irretrievably deleted by Ventetú upon termination.
Indemnification
You agree to indemnify, defend and hold harmless Ventetú, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, agents, successors, assignees and licensors from and against any and all claims, demands, liabilities, losses, costs and expenses (including, without limitation, lawyers' and experts' fees) arising out of or related to: (a) your violation of any provision of these Terms; (b) your violation of laws, rules, and/or regulations; (c) your violation of any third party rights; or (d) your negligent acts or omissions.
Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern to the fullest extent possible. You agree that jurisdiction and venue are proper to the state and federal courts located in the Commonwealth of Puerto Rico, with regard to any proceedings arising from these Terms or the relationship between the parties hereto.
Force Majeure
Ventetú shall not be liable for failure or delay in performing obligations set forth in these Terms or related or associated with the App and/or the Services, nor shall Ventetú be deemed in breach of its obligations hereunder, if such failure or delay is due to natural disasters, force majeure, act of God, pandemic, war, or any other causes reasonably beyond the control of Ventetú.
Miscellaneous
These Terms set forth the entire understanding of the parties regarding the subject matter, supersede all preceding agreements whether oral or in writing and may not be amended except by a written instrument signed by the parties. A waiver by either party of any of the terms and conditions of these Terms in any one instance shall not be deemed to be a waiver of such terms or conditions for the future, or any subsequent breach thereof. The invalidity or unenforceability of any provision of these Terms shall in no way affect the validity or enforceability of any other provision of these Terms. Nothing contained in these Terms will be construed as creating any agency, partnership, employment, or other form of joint enterprise between you and Ventetú. These Terms and the agreement contained herein may not be assigned by you. Ventetú shall have the right to transfer or assign its rights and obligations pursuant to these Terms to any other person or legal entity. The captions or headings used in these Terms are inserted only for the purpose of reference and shall not be used to modify or interpret any provision of these Terms.
Contact Us
If you have any questions or comments about these Terms, please contact us at: letsplay@ventetupr.com.