EFFECTIVE JULY, 2008
1. Right to Use the Content Discovery and Delivery Service.
The Content Discovery and Delivery Service offers a generally-available, searchable index of media files and other content (“Content”) to help users locate Content on the Web. We do not host Content or provide a platform for users to upload Content to the Content Discovery and Delivery Service. You may access the Content Discovery and Delivery Service solely for personal, noncommercial purposes. In other words, you may not use the Content Discovery and Delivery Service for any commercial purposes. Specifically, you may not modify, create derivative works of, distribute or transfer any portion of the Content Discovery and Delivery Service.
2. Service Provider Charges
You acknowledge that you are responsible for all data and usage charges imposed by your carriers or service providers in connection with your use of the Service and any Content.
3. Software License.
The Service is protected by copyright as a collective work pursuant to United States copyright laws. You agree that the Service constitutes proprietary intellectual property of Veveo or its licensors and that all right, title and interest in and to the Service, including all intellectual property rights embodied therein, shall at all times remain vested in Veveo or its licensors.
You acknowledge that all Content is the intellectual property of its respective owners and that your use of the Content is subject to all applicable laws and regulations and to the rights of the Content owner. Veveo cannot grant you any rights with respect to any Content; all rights must be obtained from the respective Content owner. Veveo will not be liable or responsible in any way for your use of the Content.
6. Providing Information; Unwelcome Communications
Users will be asked to provide their wireless phone number, phone type and other such information before downloading the Software. In addition, users will need to indicate their email address and/or wireless phone number when sending Content links to other users. Under no circumstances may any user provide or use any other person’s phone number or email address or otherwise pretend to be someone they are not.
You may not use the Service (a) to transmit “chain letters,” “junk mail” or other unwelcome communications, (b) to solicit others for any purpose, or (c) to gather or store personal information about any individuals. You also may not use any automated systems to access the Service in an excessive or inappropriate way or otherwise to burden the operation of the Service. You acknowledge that we may revoke your right to access and use any part(s) of the Service at any time in our sole discretion.
7. No Endorsement
Any Content or other information obtainable via the Service are that of the respective owners and do not reflect the views of Veveo. Veveo has no control over the Content which results from searches executed on the Service or which a user may send to another user, and Veveo does not screen, review or monitor the Content in any way (although we reserve the right to do so and to block any Content in our sole discretion). As such, you acknowledge that you may be exposed to or receive inappropriate, offensive or illegal Content. Regardless of whether Veveo screens, reviews, monitors or blocks Content, Veveo assumes no responsibility or liability for any Content displayed or received through your use of the Service.
8. Links to Other Web Sites
The Service contains links to third-party Web sites and other resources. Veveo assumes no responsibility or liability for the availability or content of these outside sites and resources, including any products or services which may be available from such sites and resources. Therefore, any concerns a user may have regarding any other site should be directed to the relevant site administrator or webmaster.
9. Compliance with Laws
You agree to comply with all applicable U.S. and international laws, statutes, ordinances and regulations, including those relating to the Internet, data, email and privacy.
11. Modifications to the Service
Veveo reserves the right at any time to modify or suspend access to the Service (whether on a temporary or permanent basis) with or without notice. Veveo will not have any liability associated with exercising this right.
12. User Disputes
You are responsible for any interactions with other users of the Service. Veveo has the option (but not the obligation) to participate in the resolution of such disputes. Veveo is not responsible for the conduct or activities of any user of the Service.
13. Parental Supervision
The Service is intended for users who are 18 years of age or older. As Veveo does not have any control over the Content displayed on the Service, and does not obligate itself to monitor, screen, review and/or block Content, we recommend that a parent or guardian supervise the activities of any user under the age of 18.
15. Force Majeure
16. Disclaimer of Warranty
VEVEO (and its third-party providers) is providing the service and IS MAKING content AVAILABLE THROUGH THE service on an “as-is, as-available” basis and makes NO warranties, representations or endorsements whatsoever (including, without limitation, THE IMPLIED warranties of merchantability, fitness for a particular purpose, title or noninfringement) with respect to (A) the service, (B) any CONTENT, DATA, MATERIALS, products, merchandise, software, information OR SERVICES provided BY OR through the service or the internet generally, (C) the results obtained from the use of any such CONTENT, DATA, MATERIALS, products, merchandise, software, information OR SERVICES, OR (D) THE SECURITY OF ANY PERSONAL INFORMATION PROVIDED TO US BY YOU. VEVEO DISCLAIMS ANY WARRANTY THAT THE SERVICE OR ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE IS FREE FROM DEFECT, ERROR, OMISSION, VIRUS OR ANYTHING WHICH MAY CHANGE, ERASE, ADD TO OR DAMAGE YOUR SOFTWARE, DATA OR EQUIPMENT. YOU ACKNOWLEDGE THAT ANY VIEWING OR DOWNLOADING OF CONTENT OR OTHER MATERIAL FROM OR THROUGH THE SERVICE IS DONE AT ENTIRELY AT YOUR OWN RISK.
17. Limitation of Liability
In no event shall VEVEO (or any of its third-party providers) have any liability for any special, incidental, consequential, EXEMPLARY, PUNITIVE, DIRECT or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the SERVICE or ANY content (including, but not limited to, breach of contract, negligence or other tort), even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought. SPECIFICALLY, VEVEO SHALL HAVE NO LIABILITY FOR DAMAGES RESULTING FROM (A) INACCURACIES, ERRORS OR OMISSIONS IN OR ON THE SERVICE OR ANY CONTENT, or IN any products, merchandise, software, information OR SERVICES provided on or THROUGH THE SERVICE OR downloaded from the sERVICE or accessed on the Internet from the SERVICE, (B) UNAUTHORIZED USE OF ANY PERSONAL INFORMATION PROVIDED TO US BY YOU, or (c) any viruses, software bugs or similar mechanisms. Because some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, Veveo’s liability is limited to the greatest extent permitted by law.