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1. Your acceptance
BY USING OR VISITING VEEPLE, INC.’S (“VEEPLE”) INTERNET WEB SITE LOCATED AT THE URL: WWW.VEEPLE.COM (THE “WEBSITE”), INCLUDING ANY CONTENT (AS DEFINED BELOW) AND/OR SERVICES AVAILABLE ON THE WEBSITE AND/OR ANY OTHER WEBSITES OWNED, OPERATED OR CONTROLLED BY VEEPLE, AND/OR ANY WEBSITE THAT USES THE VEEPLE PLAYER, AND/OR BY SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS OF USE (“TERMS”), AND (2) VEEPLE'S PRIVACY POLICY LOCATED AT THE FOLLOWING URL: [INSERT PRIVACY POLICY URL] (“PRIVACY POLICY”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS, THE PRIVACY POLICY, INTELLECTUAL PROPERTY RIGHTS, AND ANY SPECIAL TERMS AND CONDITIONS THAT MAY APPLY TO VEEPLE’S PRODUCER / ADVERTISER PROGRAM OR THE PRODUCER / ADVERTISERS REWARDS PROGRAM, THAT MAY EXIST FROM TIME TO TIME. THEN YOU DO NOT USE THE WEBSITE AND/OR ANY OF THE CONTENT AVAILABLE ON THE WEBSITE. VEEPLE MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS WEBSITE AND CHANGE THESE TERMS AT ANY TIME, AND VEEPLE WILL POST NOTICE OF THE CHANGES AND THE UPDATED AGREEMENT ON THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES.

YOU MUST BE AT LEAST 13 YEARS OF AGE OR OLDER TO USE THIS WEBSITE, AND IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THIS WEBSITE AND HAVE THEM READ AND AGREE TO THESE TERMS.

You represent, acknowledge and agree that you are at least 18 years of age or that you are the parent or legal guardian of a user that is over the age of 13, and you represent and warrant that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the services offered through this Website do not violate any applicable law or regulation. Your account may be terminated without warning if we believe that you are under the age of 18 or under the age of 13 and using the Site and its Services without the permission of your parent or legal guardian.

2. Links to Third Party Websites
The Website may contain links to third party websites that are not owned or controlled by Veeple (“Third Party Websites”) and certain areas of the Site may allow you to conduct transactions with such Third Party Websites. Veeple is not affiliated with such Third Party Websites and has no control over, and assumes no responsibility for, the content or business practices of any Third Party Websites. The Third Party Web Site may have different privacy policies and terms and conditions than Veeple. YOU AGREE THAT VEEPLE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEBSITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Website to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply Veeple’s endorsement or recommendation. Veeple is providing these links to you as a convenience, and Veeple does not verify, make any representations or take responsibility for such linked Third Party Websites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Websites. You hereby expressly release Veeple from any and all liability arising from your use of any Third Party Websites. Your dealings and communications through the Website with any party other than Veeple are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. Accordingly, we encourage you to be aware when you have left the Website and to read the respective terms and conditions and privacy policies of each Third Party Website that you visit.

3. Website Access

• Veeple hereby grants you a limited, personal, revocable, non-exclusive and non-transferable license to use the Website and the services on this Website, provided that: (i) your use of the Website and/or services is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without Veeple's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc. through the Site (iv) you will not transmit any Content (as defined below) that contains software viruses or other harmful computer code, files or programs; (v) you will not disrupt any servers or networks connected to the Website; and (vi) you will comply with Veeple’s [safety guidelines – please make this a hypertext link], which may be modified from time to time, and are hereby incorporated by reference, and all other terms of these Terms.


• In order to access some features of the Website, you will have to create an account. You may never use another Website user's account without such user’s permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for any activity that occurs under your account, and you are responsible for maintaining the confidentiality of your account password. You agree to notify Veeple immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Veeple or others due to such unauthorized use. Veeple will not be liable for your losses caused by any unauthorized use of your account. You agree that you will not misrepresent yourself or represent your self as another user of the Website and/or the services offered through the Website.


• You agree not to use or launch any automated system, including, without limitation, “cookies”, “DDOS”, “malware”, “spyware”, “robots,” “spiders,” and “offline readers,” that accesses the Website in a manner that sends more request messages to the Veeple servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Veeple grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Veeple 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, without limitation, account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Website with respect to their User Submissions (as defined below). User-posted commercial advertisements, affiliate links and other forms of solicitation or profiteering may be removed from your account without notice and result in the termination of your account.


• Veeple has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

4. Intellectual Property Rights
Certain content, information and features provided on and through the Website, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos and interactive features that are not User Submissions (as define below) (together, the "Content") are the patented, copyrighted and/or trademarked work of Veeple or Veeple’s contributors and third party partners. Content on the Website is provided to you "AS IS." Veeple hereby grants you a limited, personal, revocable, non-exclusive and non-transferable license to use and display the Content solely for your personal use only, and may not be [edited,] copied, distributed, transmitted, broadcast, performed, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without Veeple's prior written consent. In addition, you may not copy, modify, adapt any code that comprises the Website’s software, reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Website, nor insert any code or product to manipulate the Content in any way that affects any user’s experience. Veeple reserves all rights not expressly granted. 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 Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Content. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Website or any Content. Veeple and VeeSpots are trademarks of Veeple in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Website, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Veeple, Copyright © 2008 Veeple, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

5. User Submissions

• You acknowledge that you are responsible for the text, files, images, photos, videos, sounds, text, captions and commentary, and works of authorship or other content submitted, posted, created or otherwise made available by you on the Website (each, a "User Submission") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Veeple does not guarantee any confidentiality with respect to any User Submissions. You agree that any User Submission provided and/or created by you in connection with this Website is provided on a non-proprietary and non-confidential basis. Please note that, unless specifically identified during the video upload process, User Submissions will be accessible by other users on the Website. Please be sure that any information you post on any area of the Website (including any online entry or entries that you choose to share with others, either via the Website or by emailing the entry or entries to your friends or families) is information that you are comfortable with sharing with others. Veeple has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one Veeple program to another program or portion of the Website.


• You shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize Veeple to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions.


• YOU RETAIN ALL OF YOUR OWNERSHIP OF COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO VEEPLE, INCLUDING YOUR USER SUBMISSIONS. However, by submitting the User Submissions to Veeple, you hereby grant Veeple, in addition to any other rights which it has pursuant to any other program established by Veeple, a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license to link to, use, copy, publicly perform, publicly display, distribute, modify and prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations) the User Submissions in connection with the Website and Veeple's (and its successor's) business, including without limitation to grant access to the Website to third parties to view, modify, edit, alter and create derivative works of your User Submissions.


• You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, modify, alter, prepare derivative works of, publicly display and publicly perform such User Submissions, all for non-commercial and personal use, including, without limitation, incorporating portions of your User Submissions into their personal pages on the Website. In addition, Veeple may also incorporate third party content, including advertising and sponsorships, on, in and/or around you personal page and/or User Submissions, including in-stream video advertising and web links.


• You 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 User Submission and to grant Veeple all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Veeple 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; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Submissions posted by you to or through this Website. You also agree to abide by Veeple’s then-current submission guidelines, as modified from time to time, and hereby incorporated by reference herein. Veeple does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Veeple expressly disclaims any and all liability in connection with User Submissions.


• You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Veeple is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. Although most speech and commentary is protected by FIRST ADMENDMENT RIGHTS, 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 may have against Veeple with respect thereto, and agree to indemnify and hold Veeple, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).

6. Third Party Content
Certain information and content that are not User Submissions may be provided by third party licensors to Veeple (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. VEEPLE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7. Copyright and Content Policy
Veeple respects the intellectual property rights of others, and requests you to do the same. Veeple does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Veeple will remove all content if properly notified that such content infringes a third party’s intellectual property rights. Veeple reserves the right to remove any content without prior notice. Veeple will also terminate a User's access to the Website, if they are determined to be a repeat infringer. Veeple may remove such content and/or terminate a User's access for uploading such content in violation of these Terms at any time, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Veeple's Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• a description of where the material that you claim is infringing is located on the Website, including the URL;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Veeple's Copyright Agent for Notice of claims of copyright infringement can be reached as defined on the copyright page.
Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VEEPLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VEEPLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND/OR USER SUBMISSIONS, AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT AND/OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE 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 ON OR VIA THE WEBSITE. VEEPLE DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, USER SUBMISSIONS AND/OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND VEEPLE 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.

9. Limitation of Liability
IN NO EVENT SHALL VEEPLE, 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) CONTENT AND/OR USER SUBMISSIONS, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR 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 AND/OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT AND/OR USER SUBMISSIONS ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VEEPLE 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 VEEPLE 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.

10. Indemnity
You agree to defend, indemnify and hold harmless Veeple, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms; (iii) your violation of the terms which apply to your User Submissions; (iv) your violation of any third party right, including, without limitation, any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. These indemnifications obligation will survive the termination of these Terms.

11. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Veeple without restriction.

12. Local Laws; Export Control
Veeple controls and operates this Website from its headquarters in the United States of America and the Content, User Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are responsible for following applicable local laws.

13. General
If you violate these Terms, Veeple may terminate and/or suspend your access to this Website without notice. Veeple prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Veeple, may result in immediate termination of your access to this Website. Veeple has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflict of laws provisions, will govern these Terms. Any disputes relating to these Terms or this Website will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Veeple’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Veeple and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Veeple about this Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.