Veetle Website Terms of Service
Last Updated Date: July, 2013
Certain areas of the Site (and your access to or use of certain Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. For example, your use of our Video Player and Broadcaster will be subject to the terms you agree to for such software. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Services or Site Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site, Services or Site Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY VIEWING, DOWNLOADING OR TRANSMITTING ANY SITE CONTENT FROM, TO OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES OR USE, SUBMIT, STREAM, UPLOAD, BROADCAST OR OTHERWISE CONTRIBUTE SITE CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Veetle reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of the home page of the Site. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and the Services.
You have the option of registering with us and creating a Veetle account ("Account") when you use the Services. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You agree that your Account will be used by you only and not shared with any other person or entity. Veetle reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Veetle of any unauthorized use of your Account. Notwithstanding the foregoing, creation of an Account is optional and it is possible to use the Sites and Services without having an Account with us.
There is no charge to use the Site and Services. However, Veetle offers registered users the option to pay a monthly
$4.99 subscription fee in order to receive advertisement-free streaming content on the Site. Such subscribers
receive Pro Accounts and, until they cancel their Pro Account, will see no advertising anywhere on the Veetle Site,
including display ads and video ads.
If you choose to subscribe for a Pro Account, we will ask you to submit credit card information and/or other related billing information necessary to process and verify your payment. Pro Account holders will be charged the $4.99 fee on the day they subscribed, and then will automatically be charged that same fee on the same date every month thereafter. You agree that we may automatically charge the monthly subscription fee to your chosen payment method. Your Pro account on the Site will not be established until we verify that the payment information you provide is accurate and that your credit card account is in good standing.
Veetle reserves the right to suspend or terminate your Pro Account without notice upon rejection of any credit card charges or if your card issuer seeks return of a previous payment. You are required to keep all your billing information accurate, current, and complete and to notify us if your payment method is canceled for any reason. If you choose to cancel your Pro Account, no further payments will be billed to your credit card, and advertisements will begin displaying again immediately upon your cancellation. Subscription payments are not refundable.
The Site, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Veetle and its licensors exclusively own all right, title and interest in and to the Site, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Site Content.
Subject to your compliance with the terms and conditions of these Terms of Service, Veetle grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, download and print any Site Content (excluding Streaming Content) solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms of Service, you are also authorized to view the Streaming Content through the Site and Video Player. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Site Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Veetle or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
User Content & Streaming Content
You may post, upload, publish, submit, or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Site and Services (excluding Streaming Content, the "User Content") By making available any User Content through the Site and Services, you hereby grant to: (i) Veetle a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services; and (ii) each user of the Site and Services a non-exclusive license to access your User Content through the Site and Services as permitted through the functionality of the Site and Services.
You may also stream audio and video through the Site and Services (the "Streaming Content"). By streaming any Streaming Content through the Site and Services, you hereby grant to: (i) Veetle a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Streaming Content only on, through or by means of the Site and the Services; and (ii) each user of the Site and Services a non-exclusive license to access the Streaming Content as permitted through the functionality of the Site and Services.
You acknowledge and agree that you are solely responsible for all User Content and Streaming Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content and Streaming Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Veetle the rights in such User Content and Streaming Content, as contemplated under these Terms of Service; and (ii) neither the User Content or Streaming Content nor your posting, uploading, publication, streaming, submission or transmittal of the User Content or Streaming Content (as applicable) or Veetle's exercising its rights to the User Content or Streaming Content (or any portion thereof) in accordance with these Terms of Service on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us or using the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Veetle and you hereby irrevocably assign to Veetle and agree to irrevocably assign to Veetle all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Veetle's request and expense, you will execute documents and take such further acts as Veetle may reasonably request to assist Veetle to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following while using the Site, Services or Site Content:
- Post, upload, publish, broadcast, stream, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, Veetle's name, any Veetle trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Veetle's express written consent;
- Access, tamper with, or use non-public areas of the Site, Veetle's computer systems, or the technical delivery systems of Veetle's providers;
- Attempt to probe, scan, or test the vulnerability of any Veetle system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Veetle or any of Veetle's providers or any other third party (including another user) to protect the Site, Services or Site Content;
- Attempt to access or search the Site, Services or Site Content or download Site Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Veetle or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Veetle trademark, logo URL or product name without Veetle's express written consent;
- Use the Site, Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service, unless expressly permitted;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Site Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Site Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing; or
- Share your Account with another other person or entity.
Veetle will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Veetle may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Veetle has no obligation to monitor your access to or use of the Site, Services or Site Content, to review any User Content or Streaming Content or edit any User Content, but has the right to do so for the purpose of operating the Site and Services to ensure your compliance with these Terms of Service or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Veetle reserves the right, at any time and without prior notice, to remove or disable access to any Site Content, including, any User Content and Streaming Content that Veetle, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services.
Copyright and IP Policy
Veetle respects copyright law and expects its users to do the same. Veetle has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Veetle's Copyright and IP Policy at http://veetle.com/index.php/about/copyright, for further information.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Veetle is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Veetle of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms of Service, Veetle will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Veetle reserves the right to revoke your access to and use of the Site, Services and Site Content at any time, with or without cause. You may cancel your Account at any time by sending an email to .
THE SITE, SERVICES AND SITE CONTENT (INCLUDING BUT NOT LIMITED TO THE USER CONTENT AND STREAMING CONTENT) ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VEETLE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VEETLE MAKES NO WARRANTY THAT THE SITE, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VEETLE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VEETLE OR THROUGH THE SITE, SERVICES OR SITE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT AND STREAMING CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SITE OR SERVICES. ACCORDINGLY, YOU REPRESENT AND WARRANT THAT: (I) YOU EITHER ARE THE SOLE AND EXCLUSIVE OWNER OF ALL USER CONTENT AND STREAMING CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SITE OR SERVICES OR YOU HAVE ALL RIGHTS, LICENSES, CONSENTS AND RELEASES THAT ARE NECESSARY TO GRANT TO VEETLE THE RIGHTS IN SUCH USER CONTENT AND STREAMING CONTENT, AS CONTEMPLATED UNDER THESE TERMS OF SERVICE; AND (II) NEITHER THE USER CONTENT OR STREAMING CONTENT NOR YOUR POSTING, UPLOADING, PUBLICATION, STREAMING, SUBMISSION OR TRANSMITTAL OF THE USER CONTENT OR STREAMING CONTENT (AS APPLICABLE) OR VEETLE'S EXERCISING ITS RIGHTS TO THE USER CONTENT OR STREAMING CONTENT (OR ANY PORTION THEREOF) IN ACCORDANCE WITH THESE TERMS OF SERVICE ON, THROUGH OR BY MEANS OF THE SITE AND THE SERVICES WILL INFRINGE, MISAPPROPRIATE OR VIOLATE A THIRD PARTY'S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MORAL RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OR RESULT IN THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
You agree to defend, indemnify, and hold Veetle, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Site Content, your violation of these Terms of Service, or any User Content or Streaming Content provided by you.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND SITE CONTENT (INCLUDING BUT NOT LIMITED TO THE USER CONTENT AND STREAMING CONTENT) REMAINS WITH YOU. NEITHER VEETLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VEETLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL VEETLE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR SITE CONTENT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU HAVE PAID TO VEETLE FOR USE OF THE SITE, SERVICES OR SITE CONTENT IF APPLICABLE. VEETLE WILL HAVE NO, AND HEREBY DISCLAIMS ALL, LIABILITY RELATED TO THE USER CONTENT AND STREAMING CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VEETLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Veetle used herein are trademarks or registered trademarks of Veetle. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service constitute the entire and exclusive understanding and agreement between Veetle and you regarding the Site, Services and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Veetle and you regarding the Site, Services and Site Content; provided that separate terms and conditions to which you and Veetle agree for software you download through the Site will not be superseded by these Terms of Service.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Veetle's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Veetle may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by Veetle via email (in each case to the address that you provide during registration) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Veetle to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Veetle. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If you have any questions about these Terms of Service, please contact Veetle at .