Terms of Use
END USER LICENSE AGREEMENT
Last updated April 08, 2022
Avenu - Social Event Discovery is licensed to the end user or consumers (“End-User” or “You” or “Your”) and all terms apply, along with additional terms, to organizers, contractors, and other personnel (“Organizer” or “Worker”) by ArroSocial, Inc., located at 53 Jennys Ln, Barrington, RI 02806, USA, Barrington, Rhode Island 02806, United States ("Licensor" “We” “Our” or “Avenu”), for use only under the terms and conditions of this License Agreement (or “Terms” or “Agreement”). We are registered in Michigan, United States and have Our registered office at 1315 Hill Street, Ann Arbor, MI 48104. Our VAT number is 83-4002913.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement, and that You accept this Agreement. App Store and Play Store are referred to in this Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Avenu acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Avenu - Social Event Discovery when purchased or downloaded through the Services, is licensed to You for use only under this Agreement. The Licensor reserves all rights not expressly granted to You. Avenu - Social Event Discovery is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
Table of Contents
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. SAFETY
7. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIMITATION OF LIABILITY
9. WARRANTY
10. FEES AND REFUNDS
11. PRODUCT CLAIMS
12. LEGAL COMPLIANCE
13. CONTACT INFORMATION
14. TERMINATION
15. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
16. DISPUTE RESOLUTION
17. MISCELLANEOUS
1. THE APPLICATION
Avenu - Social Event Discovery ("Licensed Application") is a piece of software created to facilitate social experiences through events supported by a robust marketplace that leverage peer-to-peer and social commerce as well as the gig and sharing economies. — and customized for iOS and Android mobile devices ("Devices"). It is used to Create, discover, and enjoy social events with one's friends, network, and beyond.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your interactions would be subjected to such laws, You may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing. You are solely responsible for all activities that occur under Your account.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Avenu's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof, or modify another website to falsely imply that it is, or is associated with Avenu (except with Avenu's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If You sell Your Devices to a third party, You must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
2.9 You are not barred from using the Licensed Application under the laws of the United States or any other applicable jurisdiction.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version iOS 11.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. You agree that We can download and install updates to the Licensed Application on Your device.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 Avenu and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: http://www.avenuapp.com/privacy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about Your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to You (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to You, as long as it is in a form that does not personally identify You.
6. SAFETY
You shall be respectful and courteous to other users on and off the Licensed Application. Avenu places high priority on user experience and safety, by only allowing users to message each other once they have agreed to accept such communication. Avenu is not responsible and shall not be held liable for any conduct by any user on or off the Licensed Application. You agree that all interactions, including if You communicate off the Licensed Application or meet in person, that You will maintain safety and respect. Avenu is not responsible for any content posted that could be sensitive, cause triggering affects, mental health issues, or spurs addictions. Any content is subject to removal by Avenu, at Avenu’s sole discretion. You should take all precautions while using the Licensed Application. You should not, in any circumstances, send financial information, money, or other currency to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. AVENU DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE REQUEST BACKGROUND INFORMATION FROM USERS. AVENU MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER USERS. AVENU RESERVES THE RIGHT AND YOU AGREE TO ALLOW AVENU TO CONDUCT, ANY CRIMINAL BACKGROUND CHECKS OR SCREENINGS AT ANY TIME, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE COULD BE USED FOR SUCH PURPOSES.
7. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:
1. You are at least 18 years old.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Us, the Licensed Application, and other users of the Licensed Application to use Your Contributions in any manner contemplated by the Licensed Application and this License Agreement, and the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, nude, partially nude, sexually suggestive, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, harass, stalk, mistreat, defame, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of Your rights to use the Licensed Application. Avenu has sole discretion to determine whether Your actions violate this Agreement.
7. CONTRIBUTION LICENSE
By posting Your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking Your account from the Licensed Application to any of Your social networking accounts, You automatically grant, and You represent and warrant that You have the right to grant, to Us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, advertise, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes Our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in Your Contributions, and You warrant that moral rights have not otherwise been asserted in Your Contributions.
We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area in the Licensed Application. You are solely responsible for Your Contributions to the Licensed Application and You expressly agree to exonerate Us from any and all responsibility and to refrain from any legal action against Us regarding Your Contributions.
We have the right, in Our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor Your Contributions.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVENU, ITS AFFILIATES, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION OR LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER, WHETHER INCURRED DIRECTLY OR INDIRECTLY, RESULTING FROM: (I) YOUR USE OF THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THOURH ANY OF OUR SERVICES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF AVENU HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT SHALL AVENU BE LIABLE FOR ACTS OF GOD, WAR, TERRORISM MACHINE OR COMPUTER BREAKDOWN OR MALFUNCTION, INTERRUPTION OR MALFUNCTION OF COMMUNICATION, LABOR DIFFICULTIES OR ANY OTHER CAUSE BEYOND AVENU’S REASONABLE CONTROL.
AVENU MAXIMUM LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO AVENU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING. THIS IS REGARDLESS OF DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE. THESE LIMITATIONS APPLY TO ALL EVENTS REGARDING THIS AGREEMENT REGARDLESS OF WHETHER YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PRUPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Avenu's sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Avenu about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If We confirm that the Licensed Application is defective, Avenu reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is a contractor or venue, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the contractor or venue knew, or should have known, about the claim. The statutory periods of limitation given by law apply for users who are consumers.
10. FEES AND REFUNDS
Avenu charges You if You purchase or sell tickets or registrations for events. These fees are based on agreements between Avenu and the Organizer. The Organizer determines the fees that will be charged, and You will see these as a line item entitled “Organizer Fee” on the event page or
These fees include the costs of hosting the event, taxes, processing, and other related charges. Avenu also charges a fee to maintain the platform, comply with laws and regulations, staffing, account for profit and loss, and address other operational expenses to increase the overall experience of the Licensed Application.
You could also be subject to bank, credit card, foreign transaction, or other processing fees as assessed for using the card You add to Your account. Please check with Your credit card company or bank before transacting so you are aware of any applicable fees, surcharges, or other assessable charges.
You can transfer tickets to another account holder if done via the Licensed Application. Avenu is not responsible for unauthorized transfers of tickets. In certain instances the Organizer can authorize the ticket transfer, and You should contact the Organizer directly.
Organizers are paid five (5) business days after the event ends. The Organizer’s bank will determine when the payments arrive. We collect 5% of the purchase price of the ticket from the Organizer and We collect 5% of the purchase price of the ticket from You. The Organizer is responsible for paying appropriate local, state, and federal taxes. Stripe payment processing is currently 2.9% + $.30 per transaction, find out more on Stripe Fees here. Avenu reserves the right to change this fee structure at any time, without notice to the Organizer or You.
Avenu fees are non-refundable. You must request a refund within 5 business days after the event is ended. When You request a refund for tickets to the event and it is approved (by either the Organizer or Avenu), You must destroy the ticket and cannot copy or send it to another person to attend the event. Any violation of this policy is fraud under applicable law. The Organizer is responsible for checking the validity of tickets, and Avenu waives all liability for damages resulting from ticket fraud or damages regarding the unauthorized purchase of event tickets.
11. PRODUCT CLAIMS
Avenu and You acknowledge that Avenu is not responsible for addressing any claims from You or any third party relating to the Licensed Application failure due to Your device, operating system, or other potential claims regarding issues outside of Avenu’s direct control.
12. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
13. CONTACT INFORMATION
For general inquiries, complaints, questions or issues concerning the Licensed Application, please contact: support@avenuteam.com.
14. TERMINATION
The license is valid until terminated by Avenu or by You. Your rights under this license will terminate automatically and without notice from Avenu if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
15. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
The Licensed Application may contain links to third party websites or resources. Avenu is not responsible for these external websites or resources. Avenu is not responsible or liable or these third parties’ terms or actions. We will not be a party to or be responsible for monitoring any transaction between You and any third parties. Avenu represents and warrants that Avenu will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
16. DISPUTE RESOLUTION
This License Agreement is governed by the laws of the State of Delaware without regard to conflicts of law rules, except to the extent preempted by federal law. The venue at all times shall be in Miami-Dade County, Florida. You agree to submit to personal jurisdiction in Miami-Dade County, Florida.
Upon demand of any party, any dispute, claim, or controversy, arising out of or in connection with these Terms, between or among the parties, shall be resolved by binding arbitration. The dispute shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in affect at the time the arbitration is initiated. The arbitrator, and not a federal, state, or local court or agency, shall have exclusive jurisdiction and authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms (including the Privacy Policy).The arbitrator shall be empower to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
Before You commence arbitration of a claim, You must provide Avenu written notice that includes Your name, residence address, username, email address, phone number, a detailed description of the dispute, and the relief You are seeking.
Notice must be emailed to legal@avenuteam.com and mailed, return receipt requested, to:
53 Jennys Ln,
Barrington, RI 02806, USA
Before We commence arbitration, We will send You a notice to the email address on Your account or other commercially reasonable means provided to Us. If after thirty calendar days from receiving the notice, the dispute is not resolved, You or Us can commence the arbitration.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Testimonials. The Licensed Application may contain testimonials by users. These testimonials are specific to the particular person, and Your individual results may vary. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
17.3 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.