1. Your Acceptance BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the veotag.com domain name, the "veotag website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF VEOTAG'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.veotag.com/terms, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree with this Agreement, your sole recourse is not to use the Website.
2. veotag website These Terms of Service apply to all users of the veotag website, including users who are also contributors of information, and other materials or services on the Website. The veotag website may contain links to third party websites that are not owned or controlled by veotag. veotag has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, veotag will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve veotag from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the veotag website, you should and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access A. veotag hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without veotag's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. For example, you may not do any of the following: use the Website to sell a product or service; use the Website to increase traffic to your website for commercial reasons, such as advertising sales; take the results from the Website and reformat and display them, or mirror any portion of the Website on your website; or "meta-search" the Website. If you wish to use any portion of the Website for commercial purposes, please contact us for more information. Any use of the Website that infringes upon veotag's intellectual property rights or that is for commercial purposes will be investigated and veotag shall have the right to take appropriate civil and criminal legal action.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify veotag immediately of any breach of security or unauthorized use of your account. Although veotag will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by veotag or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the veotag servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, veotag grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. veotag reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights The content on the veotag website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to veotag, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. veotag reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the veotag website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the veotag website or the Content therein.
5. User Submissions A. The veotag website may now or in the future permit the submission of audios, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, veotag does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize veotag to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, veotag retains all ownership rights in the text you submit to veotag as part of your User Submissions. However, by submitting the User Submissions to veotag, you hereby grant veotag a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the veotag Website and veotag's (and its successor's) business, including without limitation for promoting and redistributing part or all of the veotag Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the veotag Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the veotag Website.
C. Connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant veotag all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage veotag or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. veotag does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and veotag expressly disclaims any and all liability in connection with User Submissions. veotag does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and veotag will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. veotag reserves the right to remove Content and User Submissions without prior notice. veotag will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. veotag also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. veotag may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
veotag's designated Copyright Agent to receive notifications of claimed infringement may be reached at veotag, Inc., attn: Copyright Agent, 1100 Circle 75 Pkwy Suite 600, Atlanta, GA 30339, phone: 678.325.4190. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to veotag customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the veotag Website, you will be exposed to User Submissions from a variety of sources, and that veotag is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against veotag with respect thereto, and agree to indemnify and hold veotag, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. veotag permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, veotag provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the veotag website on the pages containing the Embeddable Player. veotag reserves the right to discontinue any aspect of the veotag Website at any time.
G. There are many opportunities within the Site for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to veotag (collectively "Information"). veotag shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with veotag as needed to obtain such protection as veotag may desire and you agree to assign your rights to such Information to veotag. Furthermore, veotag may share aggregate (not personally identifiable) Information with its business partners or other third parties. veotag will not, however, knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.
H. You, and not veotag, are entirely responsible for all User Submissions that you upload, post, email, transmit or otherwise make available via veotag. veotag does not control the User Submissions posted via veotag and, as such, does not guarantee the accuracy, integrity or quality of such User Submissions. You understand that by using veotag, you may be exposed to User Submissions that are offensive, indecent or objectionable. Under no circumstances will veotag be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred as a result of the use of any User Submissions posted, emailed, transmitted or otherwise made available via veotag.
I. You agree to not use veotag to:
You acknowledge that veotag may or may not pre-screen User Submissions, but that veotag and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any User Submissions that is available via veotag. Without limiting the foregoing, veotag and its designees shall have the right to remove any User Submissions that violates the Terms of Services or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Submissions, including any reliance on the accuracy, completeness, or usefulness of such User Submissions. In this regard, you acknowledge that you may not rely on any User Submissions created by veotag or submitted to veotag.
6. Warranty Disclaimer Please note that the services provided as part of this Site are experimental in nature. They have not been tested in any manner, and veotag does not represent that they are reliable, accurate, complete, or otherwise valid. You understand and agree that veotag is provided "AS-IS" and that veotag assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to veotag, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access veotag.
YOU AGREE THAT YOUR USE OF THE VEOTAG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VEOTAG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VEOTAG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VEOTAG WEBSITE. VEOTAG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VEOTAG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VEOTAG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability IN NO EVENT SHALL VEOTAG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VEOTAG WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VEOTAG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by veotag from its facilities in the United States of America. veotag makes no representations that the veotag Website is appropriate or available for use in other locations. Those who access or use the veotag Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity You agree to defend, indemnify and hold harmless veotag, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the veotag Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the veotag Website.
9. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the veotag Website is not intended for children under 13. If you are under 13 years of age, then please do not use the veotag Website.
10. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by veotag without restriction.
11. General You agree that: (i) the veotag Website shall be deemed solely based in New York; and (ii) the veotag Website shall be deemed a passive website that does not give rise to personal jurisdiction over veotag, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and veotag that arises in whole or in part from the veotag Website shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. These Terms of Service, together with the Privacy Notice at http://www.veotag.com/TK and any other legal notices published by veotag on the Website, shall constitute the entire agreement between you and veotag concerning the veotag Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and veotag's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. veotag reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the veotag Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VEOTAG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VEOTAG WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Relationship of the Parties Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
13. Arbitration Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New York, NY and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, veotag may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.