8.7 Information of Other Users.
8.7.1 Your Responsibilities Regarding Information of Participants. As between Veniveti and you, you shall have sole responsibility for any and all Information of Participants used and submitted in connection with the platform, and Veniveti shall have no responsibility in connection thereto. You shall comply with all data protection and privacy laws and rules applicable to Information of Participants. You shall obtain and maintain consent from Participants (a) to your access, use, or disclosure of their Information ; and (b) to Veniveti providing the tools for you to perform the actions described herein. You shall obtain any authorizations from the users required to enable Veniveti to provide the Services. You shall defend, indemnify, and hold harmless Veniveti from any claim, suit or proceeding brought against Veniveti by a Participant in connection with any acts or omissions with regards to such Information of other users.
8.7.2 Sensitive Information of other users. In addition to your responsibilities set forth above (Your Responsibilities Regarding Information of other users), you specifically acknowledge and agree:
(a) you are solely responsible for compliance with the Children's Online Privacy Protection Act of 1998, including but not limited to, obtaining parental consent for the collection and use of Information from people under the age of thirteen (13) in connection with use of the Service by you and other users;
(b) Veniveti (i) is not acting on your behalf as a Business Associate or subcontractor as such terms are used, defined, when providing and making available the Services to you; and (ii) solely complies with the privacy and security terms described in this Agreement;
(c) you are solely responsible for compliance with HIPAA in connection with Protected Health Information (as such term is defined in HIPAA, the Health Information Technology for Economic and Clinical Health ("HITECH") provisions of the American Recovery and Reinvestment Act of 2009, and regulations promulgated thereunder, as each may be amended from time to time) obtained or used in connection with use of the Service by you and Participants; and
(d) you are solely responsible for compliance with any data protection and privacy laws and rules applicable to other sensitive information, including but not limited to social security numbers, credit card numbers, drivers license numbers, and bank account information, obtained or used in connection with use of the Service by you and Participants.
8.7.3 Emails to Participants. E-mails related to the Services are generally sent to other users by you and not by Veniveti. As a result, even though certain users may have opted-out from receiving communications from Veniveti, such Participants may receive certain Service-related e-mails sent by you. In addition, if applicable, Veniveti may send e-mails to other users in your name as your agent, at your request, and on your behalf. You are solely responsible for such e-mails and the contents thereof.
9.7.3 Termination of Subscription Services.
9.7.3.1 Termination by You. You may stop using the Subscription Services at any time. To terminate your Subscription Services account, you may terminate the auto-renewal of your subscription, as set forth in Section 9.7.2.2 (Automatic Renewal of Subscriptions) of these Additional Terms. These Subscription Terms shall automatically expire upon such termination.
10. Availability.
10.1 Availability of the Services. Veniveti uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond Veniveti's control. Veniveti will take reasonable steps to minimize such disruption, to the extent it is within Veniveti's reasonable control. The Services may not be available in all languages.
10.2 Availability of the Support Forums. Veniveti may make available from time to time forums on which you may seek help regarding your use of the Services. Such forums may not be available in all languages.
11. DISCLAIMER OF WARRANTIES.
IN ADDITION TO THE WARRANTIES DISCLAIMED IN THE GENERAL TERMS, Veniveti MAKES NO REPRESENTATION, COMMITMENT, OR WARRANTY (A) THAT ANY SERVICES OR SOFTWARE SIMILAR TO THE SERVICES OR SOFTWARE WILL BE OFFERED FOR COMMERCIAL USE; AND (B) ABOUT ANY INFORMATION (INCLUDING BUT NOT LIMITED TO INFORMATION OF PARTICIPANTS) OBTAINED OR USED IN CONNECTION WITH USE OF THE SERVICE BY YOU AND PARTICIPANTS
12. Miscellaneous.
You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Services. In the event these Additional Terms, the General Terms and the Veniveti Online Privacy Policy conflict, the documents shall have the following order of precedence: (i) Additional Terms, (ii) the Veniveti Online Privacy Policy, and (iii) General Terms.
Effective May 20, 2021.