VentureBox Assist Terms of Service

By using the venturebox.com, assist.venturebox.com or venture-box-assist.appspot.com web sites ("Service"), which are services of VentureBox, Inc. ("VentureBox"), you are agreeing to be bound by the following terms and conditions (as amended by VentureBox from time to time, "Terms of Service").

YOUR ENTRY OF INFORMATION TO CREATE AN ACCOUNT AND YOUR CLICKING ON "I AGREE" CONSTITUTES YOUR "SIGNATURE" AND ACKNOWLEDGES THAT YOU HAVE READ AND AGREE TO THESE TERMS OF SERVICE.

VentureBox reserves the right to change the Terms of Service at any time on a prospective basis without notice or your consent. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://assist.venturebox.com/terms

Violation of any of provisions of the Terms of Service will result in the termination of your Account. While VentureBox prohibits such conduct and Content on the Service, you understand and agree that VentureBox cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. VentureBox grants to you, and you hereby accept, a non-transferable, non-exclusive and revocable license to use the Service in strict accordance with these Terms of Service. Any rights herein granted are for the use of the Service only by you and may not be assigned or otherwise transferred by you to any third person or entity without the prior written consent of VentureBox.
  2. You must be 18 years or older to use this Service.
  3. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  5. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  6. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  7. You are responsible for maintaining the security of your account and password. VentureBox cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  8. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  9. One person or legal entity may not maintain more than one free account.
  10. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to trademark, trade secret, privacy and copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. For any upgrade or downgrade in Service, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. VentureBox does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings link in the global navigation bar at the top of the screen and selecting the Company Profile panel. The Company Profile screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. VentureBox, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other VentureBox service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. VentureBox reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. VentureBox reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from VentureBox. Such notice may be provided at any time by posting the changes to the VentureBox Assist Site (assist.venturebox.com) or the Service itself.
  3. VentureBox shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

VentureBox Communications

  1. In the course of providing you services, VentureBox may need to communicate with you via email (see our Privacy Policy to learn more about communications).
  2. You agree to receive emails which are specific to your account and necessary for the normal functioning of the VentureBox Service.
  3. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the VentureBox Service.

Copyright and Content Ownership

  1. All content posted on the Service must comply with United States copyright law.
  2. VentureBox claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
  3. VentureBox does not pre-screen Content, but VentureBox and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content for that is available via the Service or any Account for any reason whatsoever, including without limitation, if VentureBox determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  4. All proprietary rights, intellectual property rights, title and interest, including without limitation copyright in and to the Services or any portion thereof, including without limitation the look and feel of the Services ,any changes or modifications made to the Services or any portion thereof, and all related documentation shall be and remain the exclusive property of VentureBox. You agree that you have no proprietary or intellectual property right, title or interest in or to the Services, any portion thereof, or related documentation except as a licensee in accordance with the Terms of Service. ©2010-2011 VentureBox, Inc. All rights reserved.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by VentureBox.

Notices of Infringement

Persons who believe that their copyrights have been infringed via VentureBox sites may notify Intuit's Designated Agent. All notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended. Such notices not complying with these requirements will be returned unprocessed. No other notices or inquiries of any type, including requests for information, purchase or technical support questions, notices of infringement of third-party trademark or patent rights, employment inquiries, press inquiries, or investor inquiries, will be read or answered under this Agent and Agent Address.

Designated Agent and Address of Agent:

    Attn: Legal Department - Copyright Agent
    VentureBox, Inc.
    26212 Dimension Dr., Ste. 230
    Lake Forest, CA 92630
    Telephone: (866) 346-1148
    Email: copyright@venturebox.com

General Conditions

  1. YOU AND VENTUREBOX (THE "PARTIES") EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THOSE SET FORTH IN PARAGRAPHS 2 AND 3 BELOW: (I) REPRESENT THE PARTIES' AGREEMENT AS TO THE ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING, WITHOUT LIMITATION, THE POSSIBILITY THAT A REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS); (II) REPRESENT THE FACT THAT VENTUREBOX WOULD NOT BE ABLE TO PROVIDE YOU WITH ACCESS TO THE SERVICES FREE OF CHARGE OR AT THE FEES CHARGED TO YOU WITHOUT SUCH ALLOCATION OF RISK; (III) REPRESENT THE FACT THAT NEITHER PARTY WOULD HAVE BEEN WILLING TO ENTER INTO THE TERMS OF SERVICE WITHOUT SUCH ALLOCATION OF RISK; AND (IV) ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
  2. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VENTUREBOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY OR NON-INFRINGEMENT. WITHOUT DEROGATING THE GENERALITY OF THE FOREGOING, VENTUREBOX SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT (A) ANY SERVICE OR ANY COMPONENT THEREOF WILL (I) BE TIMELY, SECURE, OR PERFORM WITHOUT INTERRUPTION OR ERROR, OR THAT ALL IRREGULARITIES, ERRORS, PROBLEMS OR DEFECTS WILL BE CORRECTED, (II) MEET YOUR REQUIREMENTS, (III) BE ACCESSIBLE FROM THE CONFIGURATION WHICH YOU MAY SELECT, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A SERVICE WILL BE ACCURATE OR RELIABLE, OR (C) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
  3. You expressly understand and agree that VentureBox AND ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, (COLLECTIVELY, "REPRESENTATIVES") shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages of any nature whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, DUTY TO WARN AND STRICT LIABILITY) WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUND (AND even if VentureBox OR ANY OF ITS REPRESENTATIVES has been advised of the possibility of such damages AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED OF ITS ESSENTIAL PURPOSE), INCLUDING WITHOUT LIMITATION, THOSE resulting from, RELATED TO OR ARISING OUT OF : (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  4. You understand that VentureBox uses third party vendors and hosting partners ("Service Providers") to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. VentureBox does not warrant or represent the reliability, accuracy, or performance of any Service Provider or the information provided by such Service Provider.
  5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, VentureBox, or any other VentureBox service.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any VentureBox customer, employee, member, or officer will result in immediate account termination.
  7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by VentureBox) of other VentureBox Assist customers, VentureBox reserves the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  11. No failure or delay of VentureBox to exercise or enforce any right or provision of the Terms of Service shall constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and VentureBox and govern your use of the Service, superseding any prior agreements between you and VentureBox (including, but not limited to, any prior versions of the Terms of Service).
  12. Questions about the Terms of Service should be sent to support@venturebox.com.
  13. These Terms of Service will be construed in accordance with the internal laws, and not the law of conflicts, of the State of California applicable to agreements made and to be performed in such state. You consent to jurisdiction and venue in State and Federal Courts located in Orange County, California.