VEAM

Terms of Service

Updated on May 6, 2015



1a. Royalty Rate for Content Provider

In accordance with the Terms of Service, the Royalty Rate used herein shall be provided at the following webpage:

http://veam.co/top/royaltyrateforyoutuber and shall be incorporated herein by reference.

1b. Your Acceptance

A. By using or visiting the Veam website, providing content to Veam, or using any Veam products, software, data feeds, and services, provided to you on, from, or through Veam (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) Veam's general guidelines ("General Guidelines"), located at the webpage http://veam.co/top/guideline and incorporated herein by reference. If you do not agree to any of these terms, please do not use the Service.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically request and review the most up-to-date version provided by Veam. Veam may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.



2. Service

A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service and users who pay to use the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, hear on, access through, or contribute to the Service. The Service includes all aspects of Veam, including but not limited to all products, software and services offered by Veam, such as the Veam bundled application program ("Bundled Player"), the Veam upload program ("Uploader"), and other applications.

B. The Service may contain third-party website links, third-party products, third-party software, or third-party services that are not owned or controlled by Veam. Veam has no control over, and assumes no responsibility for, distribution of the Content by any third party, the content of any third party, privacy policies of any third party, or practices of any third-party website. In addition, Veam will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Veam from any and all liability arising from Veam's use of any third-party website and from distribution of your Content on any third party website, including an application store.

C. Accordingly, we encourage you to read the terms and conditions and privacy policy of each other website that distributes your Content.



3. Veam Accounts

A. In order to access some features of the Service, you will have to create a Veam 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 Veam immediately of any breach of security or unauthorized use of your account.

B. Although Veam will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Veam or others due to such unauthorized use.



4. General Use of the Service - Permissions and Restrictions

Veam hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Service or the Content generated by the Service without Veam's prior written authorization, unless Veam makes available the means for such distribution through functionality offered by the Service (such as the Bundled Player).

B. You agree not to alter or modify any part of the Service.

C. You agree not to access Content generated by the Service through any technology or means other than by the Service itself, the Bundled Player, or other explicitly authorized means Veam may designate.

D. You agree not to use the Service for any of the following commercial uses unless you obtain Veam's prior written approval: (i) the sale of access to the Service or Content generated by the Service; (ii) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or (iii) showing Veam videos through the Bundled Player on an ad-enabled blog or website.

E. Prohibited commercial uses do not include: (i) uploading an original video to Veam to promote your business or artistic enterprise; or (ii) any use that Veam expressly authorizes in writing.

F. If you use the Veam Uploader, you agree that it may automatically download and install updates from time to time from Veam. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Veam to deliver these to you) as part of your use of the Uploader.

G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Veam 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, Veam grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Veam 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 Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

H. In your use of the Service, you will comply with all applicable laws.

I. Veam reserves the right to discontinue any aspect of the Service at any time.

J. You agree that Veam shall not provide you any refunds for any reasons of any amounts paid by you to Veam that is related to the Service.

K. You agree that it is in the sole discretion of Veam to provide, if at all, any technical support for the Service, any bug fixes, any enhanced functions, any new software modules, or any new versions of the Service.



5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Veam, subject to copyright and other intellectual property rights under the law.

B. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

C. You understand that when using the Service, you may be exposed to Content from a variety of sources, and that Veam is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Veam with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Veam, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.



6. Your Content and Conduct

A. As a Veam account holder you may submit your Content to the Service, including videos and user comments. "Content Provider" is a user that submits Content to the Service. You understand that Veam does not guarantee any confidentiality with respect to any Content you submit.

B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Veam all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication via the Service or any other services pursuant to these Terms of Service.

C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Veam, you hereby grant Veam a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Veam's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service and/or Content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each end-user a non-exclusive, worldwide, royalty-bearing or royalty-free (as directed by you), non-sublicenseable, and non-transferable license to access your Content through the Service, and to use, reproduce (only for backup purposes), display and playback such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time, as deemed by Veam, after you remove or delete your Content from the Service. You understand and agree, however, that Veam may retain the following: (1) server copies of your Content that have been removed or deleted; and (2) a royalty-free license to display and distribute an excerpt of your Content for the purpose of advertising or promoting the Service. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

D. You further agree that Content you submit to the Service will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Veam all of the license rights granted herein.

E. You further agree that you will not submit to the Service any Content or other material that is contrary to the General Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. Veam does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Veam expressly disclaims any and all liability in connection with Content. Veam does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Veam will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Veam reserves the right to remove Content without prior notice.



7. Payment For Provided Content

A. Subject to the Terms of Service, Veam shall pay you, the Content Provider, a royalty in an amount equal to the royalty rate (the "Royalty Rate") multiplied by the Net Revenue received based on the Content uploaded by you using the Service (the "Royalty Amount"). The Royalty Rate shall be mutually agreed upon by the Content Provider and Veam. Veam shall pay the Royalty Amount to the Content Provider by a mutually agreed upon date. All amounts payable under this Section 7(A) shall be paid in U.S. dollars (unless otherwise specified) less any deduction for any required government withholding and any applicable sales taxes, use taxes, or similar taxes.

B. As used herein, the term "Net Revenue", with respect to a calendar month, shall mean the net revenue received by Veam with respect to your Content, less any deduction by any third party in connection with the sale or distribution of your Content and less any refunded amount of your Content.

C. As an example, if your Content is distributed via the Android market, the Android market typically charges thirty percent (30%) of the proceeds from the sale of the Content and forwards the remaining seventy percent (70%) of the proceeds from the sale of your Content to Veam. Once Veam receives the seventy percent (70%) of the proceeds, Veam then calculates the Royalty Amount by multiplying the Royalty Rate on the seventy percent (70%) of the proceeds from the sale of your Content via the Android market. The calculated Royalty Amount is then paid to you within thirty (30) days after the end of the calendar month in which Veam received the proceeds from the sale of your Content via the Android market.



8. Account Termination Policy

A. Veam will terminate a user's access to the Service and remove the user's Content if, under appropriate circumstances, the user is determined to be an infringer.

B. Veam reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Veam may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.



9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND INCLUDING WITHOUT LIMITATION ALL WARRANTIES REGARDING CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, VEAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. VEAM 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 SERVICE, (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 SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. VEAM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VEAM 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 SERVICE. 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.



10. Limitation of Liability

IN NO EVENT SHALL VEAM, 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 SERVICE, (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 SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, 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 JURISDICTIONS.

YOU SPECIFICALLY ACKNOWLEDGE THAT VEAM SHALL NOT BE LIABLE FOR CONTENT 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.

NEVERTHELESS, IN NO EVENT SHALL THE AGGREGATE LIABILITY TO YOU OF VEAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS EXCEED ONE (1) UNITED STATES DOLLAR.

The Service is controlled and offered by Veam from its facilities in the United States of America. Veam makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.



11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Veam, its parent corporation, any subsidiary corporation of Veam, 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 Service; (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 your Content or your use of the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.



12. 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 Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.



13. 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 Veam without restriction.



14. General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Veam, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Veam that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the General Guidelines any other legal notices published by Veam on the Service, shall constitute the entire agreement between you and Veam concerning the Service and Content. 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 Veam's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Veam 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 Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VEAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.