Summary of Veeple's Service, Terms and Conditions
The Veeple Service is an on-demand, cloud-based, video hosting and deployment service described at http://www.veeple.com/hostedsolution.php that allow Customers to upload, manage, make interactive, distribute and measure a Customer's video and related video content. By using the Veeple's Service, you as a Veeple Customer make all choices about your presentation, management and distribution of your content. Veeple charges a monthly subscription fee that you may cancel at any time, without penalty. By agreeing to the Veeple terms and conditions, you, as Customer, covenant that you will comply with all the Terms found herein.
Veeple's Terms and Conditions
Contents
1. Customer Acceptance
2. Subscription & Account Billing
3. Free Trial Period for 30 days
4. Veeple Service Access
5. Links to Third Party Web Sites (Veeple Interactivity)
6. Customer Submissions (Veeple Interactivity)
7. Intellectual Property Rights
8. Termination / Cancellation
9. Veeple Agency Partner (VAP) Program
10. Veeple Affiliate Program
11. TubeMogul Syndication
12. Warranty Disclaimer
13. Limitation of Liability
14. Indemnity
15. Assignment
16. Local Laws; Export Control
17. General
1. Customer Acceptance
BY USING VEEPLE, INC.'S ("VEEPLE") ONLINE VIDEO WEB SERVICE LOCATED AT THE URL: WWW.VEEPLE.COM (THE "VEEPLE SERVICE"), INCLUDING ANY CONTENT (AS DEFINED BELOW) AND/OR SERVICES AVAILABLE ON THE VEEPLE WEB SITE AND/OR ANY OTHER VEEPLE SERVICES OWNED, OPERATED OR CONTROLLED BY VEEPLE, AND/OR ANY VEEPLE SERVICE THAT USES THE VEEPLE PLAYER, AND/OR BY SUBMITTING CONTENT TO THIS VEEPLE SERVICE, CUSTOMER, AS A PAYING VEEPLE SUBSCRIBER "CUSTOMER", SIGNIFY CUSTOMER'S ASSENT TO (1) THESE TERMS OF USE ("TERMS"), AND (2) VEEPLE'S PRIVACY POLICY LOCATED AT THE FOLLOWING URL: http://www.veeple.com/privacy.php ("PRIVACY POLICY"). IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THESE TERMS, THE PRIVACY POLICY, INTELLECTUAL PROPERTY RIGHTS, AND ANY SPECIAL TERMS AND CONDITIONS THAT MAY EXIST FROM TIME TO TIME, THEN CUSTOMER MAY NOT USE THE VEEPLE SERVICE AND/OR ANY OF THE CONTENT AVAILABLE ON THE VEEPLE WEB SITE. VEEPLE MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED AND CHANGE THESE TERMS AT ANY TIME, AND VEEPLE WILL POST NOTICE OF THE CHANGES AND THE UPDATED AGREEMENT ON THE VEEPLE WEB SITE. CUSTOMER'S CONTINUED USE OF THIS VEEPLE SERVICE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT CUSTOMER AGREES TO THE NEW TERMS, EVEN IF CUSTOMER HAS NOT REVIEWED THE CHANGES.
CUSTOMER'S MUST BE AT LEAST 13 YEARS OF AGE OR OLDER TO USE THE VEEPLE SERVICE, AND IF CUSTOMER IS UNDER THE AGE OF 18, CUSTOMER MUST HAVE A PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THE VEEPLE SERVICE AND HAVE THE CUSTOMER READ AND AGREE TO THESE TERMS.
Customer represents, acknowledges and agrees that Customer is 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 Customer represents and warrants that: (a) all registration information that Customer submits is truthful and accurate; (b) Customer will maintain the accuracy of such information; and (c) Customer's use of the services offered through this VEEPLE SERVICE do not violate any applicable law or regulation. Customer's account may be terminated without warning if we believe that Customer is under the age of 18 or under the age of 13 and using the Site and its Services without the permission of Customer's parent or legal guardian.
2. Subscription & Account Billing
2.1. General - Veeple invoices and charges a Customer through an online account (Customer "Account Billing") for use of the Service. Customer agrees to pay Veeple all charges at the prices then in effect for any use of the VEEPLE SERVICE by Customer or other persons (including Customer's agents) using Customer's Account Billing, and Customer authorizes Veeple to charge Customer's credit card for the VEEPLE SERVICE. Customer agrees to make payment using that selected Payment Method. Veeple reserves the right to correct any errors or mistakes, including per videos viewed calculations, that it makes even if it has already requested or received payment. All charges are calculated in U.S. Dollars. Should Customer have any billing questions please contact Customer Care.
2.2. By entering into this Agreement, Customer acknowledges that the Veeple subscription has a monthly recurring payment feature and Customer accepts responsibility for all monthly recurring charges prior to cancellation. Customer understands and acknowledges that their credit card will be charged once a month, and that Customer is responsible for payment if the credit card charge is declined. A month is calculated beginning the first day of the month, at 12:00am GTM, and ends on the last day of the month, at 11:59pm GMT. VEEPLE MAY SUBMIT MONTHLY CHARGES WITHOUT FURTHER AUTHORIZATION FROM CUSTOMER, UNTIL CUSTOMER CANCELS THE SERVICE. SUCH CHANGE WILL TAKE AFFECT AT THE BEGINNING OF THE NEXT MONTHLY BILLING CYCLE.
2.3. On the invoice due date, Veeple will automatically bill Customer credit card that is on file with Veeple. If the credit card does not go through, Veeple will attempt to run the card again once a day for up to five days. If after five days the card still does not go through, Veeple will notify the Customer that they have to pay their account manually. If the invoice has still not been paid 30 days after it is due, the Customer will no longer be able to access their account and all of their deployed videos will stop playing. The account will remain in this state until Customer pays their invoice in full. If no action has been taken in 90 days after the invoice is due then Veeple will close Customer's account and delete all the videos associated with that account. Veeple will continue to pursue payment of all outstanding invoices even after the account has been deleted. (Note that all credit card payments are secure at Veeple through a certified SSL and for security purposes Veeple does not maintain a copy of Customer credit data but uses a reputable, authorized, secure third-party vendor for all of its credit card transactions).
2.4. CUSTOMER MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION. CUSTOMER MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE, AND MUST PROMPTLY NOTIFY VEEPLE IF CREDIT CARD IS CANCELED OR IF CUSTOMER BECOMES AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF CUSTOMER"S USER NAME OR PASSWORD.
3. Free Trial Period for 30 days
During Veeple's 30 day free trail period Customer will have the ability to sign up for the full Veeple service for 30 days free of charge. Customer is not required to submit certain credit card details to participate in the 30-day free trial period. At any time during the free trial period Customer will have the option to select a service level plan and activate the account. The 30 day free trial is limited to 5,000 views, after which the Customer will need to activate their account. If Customer has not activated their account in 30 days, Customer's account will be placed on hold and no videos will be deployed. Each time Customer signs in Customer will be notified that their account has been placed on hold until the account is activated or canceled. Customer's videos will be deleted in 90 days if Customer's account is not activated.
4. Veeple Service Access
4.1. Veeple hereby grants Customer a limited, revocable, non-exclusive license to use the VEEPLE SERVICE, provided that: (ii) Customer will not copy, distribute or modify any part of the VEEPLE SERVICE; (iii) Customer will not send unsolicited or unauthorized advertisements, spam, chain letters, etc. through the VEEPLE SERVICE; (iv) Customer will not transmit any Content (as defined below) that contains software viruses or other harmful computer code, files or programs; (v) Customer will not disrupt any servers or networks connected to the VEEPLE SERVICE; and (vi) Customer will comply with Veeple's safety guidelines, which may be modified from time to time, and are hereby incorporated by reference, and all other Terms of these Terms.
4.2. In order to access the VEEPLE SERVICE, Customer will have to create an account. Customer may never use another VEEPLE SERVICE account without permission. Customer is solely responsible for any activity that occurs under Customer's account, and is responsible for maintaining the confidentiality of Customer's account password. Customer agrees to notify Veeple immediately of any breach of security or unauthorized use of Customer's account. Customer is liable for any use made of Customer's account or password and the losses of Veeple or others due to such unauthorized use.
4.3. Customer agrees not to use or launch any automated system, including, without limitation, "cookies", "DDOS", "malware", "spyware", "robots," "spiders," and "offline readers," that accesses the VEEPLE SERVICE 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 VEEPLE SERVICE 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.
4.4. Veeple has the right to terminate Customer's access to the VEEPLE SERVICE, in its sole discretion, immediately and with or without cause.
5. Links to Third Party Web Sites (Veeple Interactivity)
Customer's video content, placed directly by a customer, may contain links to third party web sites that are not owned or controlled by Veeple ("Third Party Web Sites") and certain areas of the VEEPLE SERVICE may allow Customer to conduct transactions with such Third Party Web Sites. Veeple is not affiliated with such Third Party Web Sites and has no control over, and assumes no responsibility for, the content or business practices of any Third Party Web Sites. The Third Party Web Site may have different privacy policies and terms and conditions than Veeple. CUSTOMER AGREES 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 WEB SITE 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 CUSTOMER"S USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference in a Customer's video(s) 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 the interactive link capabilities to Customer as a convenience, and Veeple does not verify, make any representations or take responsibility for such linked Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. Customer hereby expressly releases Veeple from any and all liability arising from Customer's use of any Third Party Web Sites. Customer's dealings and communications through the VEEPLE SERVICE with any party other than Veeple are solely between Customer and such third party. Any complaints, concerns or questions Customer has relating to materials provided by third parties should be forwarded directly to the applicable third party. Accordingly, we encourage Customer to be aware when Customer has left the VEEPLE SERVICE and to read the respective terms and conditions and privacy policies of each Third Party Web Site that Customer visits.
6. Customer Submissions (Veeple Interactivity)
6.1. Customer acknowledges direct responsibility for the videos, files, links, logos, attachments, annotations, images, photos, sounds, text, captions and commentary, and works of authorship or other content submitted, posted, created or otherwise made available by Customer on the VEEPLE SERVICE (the "Submissions"). Customer understands that whether or not such Submissions are published, Veeple does not guarantee any confidentiality with respect to any Submissions. Customer agrees that any and all Submission provided and/or created by Customer in connection with the VEEPLE SERVICE is provided on a non-proprietary and non-confidential basis. Veeple has complete discretion whether to accept or reject Submissions.
6.2. Customer shall be solely responsible for all Submissions and the consequences of posting or publishing all Submissions. Customer represents and warrants that: (i) Customer owns or has the necessary rights and permissions to use and authorizes Veeple to use all copyright, trademark or other proprietary rights in and to any Submissions to enable inclusion and use thereof as contemplated by the VEEPLE SERVICE and these Terms & Conditions; and (ii) Customer has the written consent and/or permission of each and every identifiable individual person in the Submission to use their name or likeness as contemplated by the VEEPLE SERVICE and these Terms & Conditions.
6.3. CUSTOMER RETAINS ALL OWNERSHIP OF COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION CUSTOMER SUBMITS TO VEEPLE, INCLUDING CUSTOMER SUBMISSIONS. Further, Veeple will not use Customer's Submissions for marketing purposes without first receiving permission from the Customer.
6.4. Customer agrees not to: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Customer is the owner of such rights or has permission from their rightful owner to post the 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) or (iv) misidentify Customer in submitting the Submission or misstate Customer's true identity. Customer agrees to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by Customer on the VEEPLE SERVICE. Customer agrees 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 Submission or any opinion, recommendation, or advice expressed therein, and Veeple expressly disclaims any and all liability in connection with any and all Customer Submissions.
6.5. Veeple's copyright agent for notice of claims of copyright infringement can be reached by contacting customercare@veeple.com. 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.
7. Intellectual Property Rights
Certain content, information and features provided on and through the VEEPLE SERVICE, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos and interactive features that are not Customer Submissions (as define above) (together, the "Content") are the patented, copyrighted and/or trademarked work of Veeple or Veeple's contributors and third party partners. Content on the VEEPLE SERVICE is provided to Customer "AS IS." Veeple hereby grants Customer a limited, revocable, non-exclusive and transferable license to use and display the Content, 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, Customer may not copy, modify, adapt any code that comprises the VEEPLE SERVICE's software, reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the VEEPLE SERVICE, 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. Customer agrees not to circumvent, disable or otherwise interfere with security-related features of the VEEPLE SERVICE or features that prevent or restrict use or copying of any Content or enforce limitations on use of the VEEPLE SERVICE. This limited license terminates automatically, without notice to Customer, if Customer breaches any of these Terms. Upon termination of this limited license, Customer agrees to immediately destroy any downloaded or printed Content. Except as stated herein, Customer acknowledges that Customer has no right, title or interest in or to the VEEPLE SERVICE or any Content. Veeple is a trademark of Veeple in the United States. Other trademarks, names and logos on the Veeple web site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the VEEPLE SERVICE and/or Veeple web site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Veeple, Copyright © 2009 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 Veeple's express written consent.
8. Termination / Cancellation
This Agreement will remain in full force and effect while Customer subscribes to and uses the VEEPLE SERVICE. Customer may cancel or terminate the Veeple subscription at any time, or for any reason, without cause. If Customer cancels their subscription, Customer's account will remain active until the end of current month. Veeple may cancel Customer's subscription by sending notice of cancelation to Customer's email address. If Veeple cancels Customer's subscription because Customer has breached this Agreement, Customer will not be entitled to any refund. All decisions regarding the cancelation of accounts shall be made in the sole discretion of Veeple. Veeple is not required to provide notice prior to canceling Customer's account. Veeple is not required, and may be prohibited, from disclosing a reason for the cancelation of Customer's account. All Terms that by their nature may survive cancelation of this Agreement shall be deemed to survive such cancelation. If Customer's account is canceled, all videos will cease to play, but Veeple will maintain all videos on our servers for not less than 90 days.
9. Veeple Agency Partner (VAP) Program
Veeple's Agency Partner (VAP) Program is a partnership between Veeple and an Ad Agency, Web Development Firm, Digital Marketing Firm, PR Firm, Web Video Production business and/or Branding Agency (a "VAP") who has a business relationship with a Customer whom they have invited to join Veeple. To be eligible for the VAP program a VAP's invited Customers collectively must generate a minimum of $300 in subscription fees for Veeple per month. Further, the invited Customer may be asked by Veeple to provide evidence that there is an existing business relationship with the VAP, wherein the VAP provides professional services for and to the Customer. In return, for every Customer that signs up under the VAP, Veeple will pay the VAP thirty percent (30%) of the monthly revenue. Veeple shall pay the VAP within 30 days after the close of the month in which they earned their 30% fee. Veeple generates from a Customer. Veeple will provide the VAP with a complimentary account for their internal and marketing use. Should the VAP's Customer's collective subscription fees fall below the minimum requirement of $300 for any given month, the VAP will be billed at their current subscription plan amount for that month. A VAP may use the Veeple service for their Customers in any way that they choose, as long as that use is in keeping with all sections of Veeple's Terms and Conditions and Privacy Policies.
10. Veeple Affiliate Program
10.1 Veeple Subscriber - If you are an active Veeple customer you can invite companies or individuals to join Veeple using our affiliate e-mail and web links, which you can access directly from your account. If that invitee signs up for a Veeple paid customer account, Veeple will pay you 20% of the subscription revenue that the customer pays Veeple each month. (Note that you must provide Veeple with a full address so Veeple can mail your payment)
10.2 Non-Veeple Subscriber - If you do not wish to keep an active account with Veeple, you can still refer other companies and individuals to Veeple and generate revenue. Simply sign up for the affiliate program. Once completed, we will provide you with the ability to invite companies and individuals to Veeple via an e-mail invite, and access to URL and text links that you can place on your site. When an invitee signs up for a Veeple paid customer account, Veeple will pay you 20% of the subscription revenue that the customer pays Veeple each month. (Note that you must provide Veeple with a full address so Veeple can mail your payment).
11. TubeMogul Syndication
The TubeMogul syndication capability costs $25 per month. Customer may opt in or opt out of syndication at any time and there is no minimum time commitment for the syndication service. We will pro-rate the initial $25 charge depending on the day of the month that you subscribe. For removal of doubt, when a customer signs up on the 15th of the month then the charge would be for 50% of the monthly charge or $25. There are no refunds for a monthly subscription if a customer opts out during the month.
12. Warranty Disclaimer
CUSTOMER AGREES THAT CUSTOMER'S USE OF THE VEEPLE SERVICE SHALL BE AT CUSTOMER'S 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 VEEPLE SERVICE AND CUSTOMER'S USE THEREOF. VEEPLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND/OR CUSTOMER SUBMISSIONS, AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT AND/OR CUSTOMER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM CUSTOMER'S USE OF THE VEEPLE SERVICE, (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 VEEPLE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR VEEPLE SERVICE 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 VEEPLE SERVICE. VEEPLE DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, CUSTOMER SUBMISSIONS AND/OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VEEPLE SERVICE OR FEATURED IN ANY ADVERTISING, AND VEEPLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN CUSTOMER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Limitation of Liability
IN NO EVENT SHALL VEEPLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT AND/OR CUSTOMER SUBMISSIONS, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CUSTOMER'S USE OF THE VEEPLE SERVICE, (III) ANY UNAUTHORIZED USE OF VEEPLE'S 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 VEEPLE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR VEEPLE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND/OR CUSTOMER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF CUSTOMER'S USE OF ANY CONTENT AND/OR USER SUBMISSIONS ON OR VIA THE VEEPLE SERVICE, 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. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES 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 CUSTOMER.
14. Indemnity
Customer agrees 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 Customer's: (i) use of the VEEPLE SERVICE; (ii) violation of these Terms; (iii) violation of the Terms which apply to Customer Submissions; or (iv) violation of any third party right, including, without limitation, any copyright, property, publicity or privacy right. These indemnifications obligation will survive the termination of Customer's account.
15. Assignment
These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by Customer and may also be assigned by Veeple without restriction.
16. Local Laws; Export Control
Veeple controls and operates this VEEPLE SERVICE 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 Customer uses this VEEPLE SERVICE outside the United States of America, Customer is responsible for following applicable local laws.
17. General
If Customer violates these Terms, Veeple may terminate and/or suspend Customer's access to this VEEPLE SERVICE without notice. Veeple prefers to advise Customer of Customer's 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 Customer's access to this VEEPLE SERVICE. 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 VEEPLE SERVICE 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 Customer and Veeple and supersede all prior or contemporaneous negotiations, discussions or agreements between Customer and Veeple about the VEEPLE SERVICE. The proprietary rights, disclaimer of warranties, representations made by Customer, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
