Terms of Use

1.Binding Agreement
1.1 By using or accessing this website (collectively, including all services and content available through VeoMed.com, the “VeoMed Website” or “Website”), you indicate your agreement to be bound by (A) these terms and conditions (the “Terms of Use”), (B) VeoMed’s privacy policy, found at http://www.veomed.com/privacypolicy and incorporated into these Terms of Use by reference, and (C) VeoMed’s Acceptable Use Guidelines, found at http://www.VeoMed.com/legal/guidelines and also incorporated into theseTerms of Use by reference.  If you do not agree to any of these Terms of Use, you may not use the VeoMed Website.
1.2   Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most current version at http://www.veomed.com/termsofuse. VeoMed may, in its sole discretion, modify these Terms of Use at any time, and you agree to be bound by such modifications.

2.  Use of this Website
2.1  You may access and use this Website as set forth in these Terms of Use,provided that:
(A)  You do not distribute in any medium any part of the Website, including but not limited to any User Contributions (defined below), without VeoMed’s prior written consent.
(B)  You do not or modify any part of this Website.
(C)  You do not access User Contributions or Content (defined below) through any technology or means other than the video playback pages of this Website.
(D)  You do not use this Website for any commercial use.  Prohibited commercial uses include (1) sale of access to the Website on another website, (2) use of the Website for the primary purpose of gaining advertising or subscription revenue,(3) the sale of advertising, on the VeoMed website or any third-party website, targeted to the content of specific User Contributions or VeoMed Content, and (4) any use of the Website that VeoMed finds, in its sole discretion, to use VeoMed’s resources or User Contributions with the effect of competing with or displacing the market for VeoMed’s services, Content, or User Contributions.  Prohibited commercial uses do not include uploading an original video to VeoMed to promote your practice or business.
(E)  You do not use any “robots,” “spiders,” “offline readers” or other automated systems that access the Website in a manner that places more requests or other load on the VeoMed servers than a person could reasonably place in the same timeframe using a normal browser.
(F)  You do not collect any personally identifiable information from the Website or use any Website systems for any commercial solicitation purposes.
2.2  In using this Website, you will comply with all of the terms and conditions of these Terms of Use, including the Acceptable Use Guidelines, and all applicable local, national, and international laws and regulations.
2.3  VeoMed reserves the right to change or discontinue any feature of this Website at any time.

3. Use of Content on this Website
The following restrictions and conditions apply specifically to your use of content on the VeoMed Website.
(A)  Except for User Contributions (as defined below), the content on the VeoMed Website, including without limitation, the videos, images, graphics, music, text, software, code on or comprising the Website (“Content”) and the trademarks, service marks and logos on this Website, are owned by or licensed to VeoMed.  All Content and User Contributions on this Website is provided to you AS IS solely for your personal, non-commercial use and may not be reproduced, distributed, displayed, sold, licensed or otherwise exploited for any other purpose without the prior written consent of VeoMed and its licensors.  VeoMed reserves all rights in and to the Website and the Content which are not expressly granted in these Terms of Use.
(B)  You may access User Contributions solely for your personal, non-commercial use as intended through the normal functionality of the VeoMed Website for Streaming.  “Streaming” shall mean real-time viewing via contemporaneous digital transmission of an audiovisual work via the Internet from the VeoMed Website to a user browser, and shall not include any permanent storage, reproduction other than as incidental to live viewing, or redistribution.  You may not accessing User Contributions for any purpose or in any manner other than Streaming.  All User Contributions are “AS IS.”
(C)  You may not circumvent, disable or otherwise interfere with any features of the VeoMed Website that prevent or restrict use or copying of any Content or enforce any limitations on such use or copying.
(D) You may not use, copy or distribute any of the Content except as expressly permittedin these Terms of Use.
(E) You acknowledge that VeoMed is not responsible for the accuracy, usefulness, safety of any User Contributions, and that User Contributions may be inaccurate, offensive, indecent or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VeoMed with respect thereto, and agree to indemnify and hold VeoMed and its owners, operators, affiliates and licensors harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.

4. User Contributions
4.1  You may submit video and related textual content to the VeoMed Website (“User Contributions”).
4.2  You will be solely responsible for your User Contributions and their submission to VeoMed.  You represent and warrant to VeoMed that you own or have the necessary rights, consents and permissions to use and authorize VeoMed to use as set forth in these Terms of Use all User Contributions submitted by you.
4.3  You retain all ownership rights you may have in your User Contributions.  However, by submitting User Contributions to VeoMed, you hereby grant to VeoMed a worldwide, non-exclusive, fully-paid, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Contributions in connection with the VeoMed Website and VeoMed’s(and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the VeoMed Website (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant each VeoMed Website user a non-exclusive license to access your User Contributions through the Website, and to use, reproduce, distribute, display and perform such User Contributions as supported by the Website and permitted under these Terms of Use.  The above licenses granted by you in User Contributions are perpetual and irrevocable.
4.4  You agree that you will not submit User Contributions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including rights of privacy or publicity, unless you are (a) the owner of all such rights, or (b) have permission from the owner of all such rights to post the User Contributions and to grant to VeoMed all of the license rights by you under these Terms of Use.  VeoMed reserves the right to remove User Contributions at any time.
4.5  You agree that you will not submit User Contributions that are contrary to any applicable law or any of the VeoMed Acceptable Use Guidelines found at http://www.VeoMed.com/legal/guidelines, as they may be updated from time to time.

5.  User Accounts
5.1  You will need to create a VeoMed user account in order to use certain features of this Website.  You must provide complete and accurate information when creating your user account.  You are responsible for all uses of your user account, and you must protect the confidentiality of your user account password.  You must notify VeoMed promptly if you become aware of any security breach relating to this Website or any unauthorized use of your user account.  You may not use another person’s user account without their permission.
5.2  VeoMed may terminate your user account and your right to use and access this Website if VeoMed determines that you have violated these Terms of Use.

6.  Digital Millennium Copyright Act
6.1  If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

VeoMed’s designated Copyright Agent to receive notifications of claimed infringement is: [___________________], email: copyright@VeoMed.com, fax: [__________].  Only DMCA notices should go to the Copyright Agent.  Please send any other comments, feedback and other communications to VeoMed customer service through http://www.VeoMed/support.  You acknowledge that if you fail to comply with all of the requirements of this Section 6.1, your DMCA notice may not be valid.
6.2  If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in [_________], California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Copyright Agent, VeoMed may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at VeoMed’s sole discretion.

7.  Third-Party Links
7.1  This VeoMed Website may contain links to third-party websites that are not owned or controlled by VeoMed.  VeoMed has does not control or assume responsibility for the content, privacy policies or practices of any third-party websites.  By using this Website, you expressly relieve VeoMed from any and all liability arising from your use of any third-party website.
7.2 Accordingly, you should be aware when you leave the VeoMed Website and you should read the terms and conditions and privacy policies of each other website that you visit.

8.  Disclaimer of Warranties
YOUR USE OF THE VEOMED WEBSITE IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT ALLOWED BY LAW, VEOMED, ITS OFFICERS, DIRECTORS, OWNERS, MANAGERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF.  VEOMED MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND VEOMED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, OMISSIONS, MISTAKES OR INACCURACIES OF CONTENT OR USER SUBMISSIONS, (B) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS, (C) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO OR USE OF THIS WEBSITE OR USE OF ANY CONTENT OR USER SUBMISSIONS, (D) ANY UNAUTHORIZED ACCESS TO OR UNAUTHORIZED USE OF THIS WEBSITE, OR (E) ANY VIRUSES OR SIMILAR PROGRAMS WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE.

9.  Indemnification
You agree to indemnify, defend and hold harmless VeoMed and its officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, costs and expenses (including attorney’s fees) arising from (a) your use of the VeoMed Website, (b) your violation of these Terms of Use, (c) your violation of any third-party copyright, property right,  privacy right or other third-party right; or (d) any claim that one or more of your User Contributions caused damage to a third party.  This obligation will survive any expiration or termination of these Terms of Use.

10.  Limitation of Liability
IN NO EVENT SHALL VEOMED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY YOUR ACCESS TO AND USE OF THIS WEBSITE, ANY BREACH OF THESE TERMS OF USE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VEOMED 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 VEOMED IS NOT LIABLE FOR USER CONTRIBUTIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ASSUME THE RISK OF DAMAGE FROM ANY OF THE FOREGOING.

11.  Ability to Contract
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms and conditions set forth in these Terms of Use, and to comply with these Terms of Use.

12. Foreign Usage
This Website is controlled and offered by VeoMed from its facilities in the U.S.A.  VeoMed makes no representations that the VeoMed Website is appropriate or available for use in other locations.  If you access or use the VeoMed Website from other jurisdictions, you are responsible for compliance with local law.

13.  Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VeoMed without restriction.

14.  General
VeoMed reserves all rights not expressly granted to you in and to the VeoMed Content and the VeoMed Website.  If any provision of these Terms of Use 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 Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further waiver of such term or any other term, and VeoMed’s failure to assert any right under these Terms of Use shall not constitute a waiver of such right.  These Terms of Use, together with the VeoMed privacy policy, constitute the entire agreement between you and VeoMed concerning the VeoMed Website.  VeoMed reserves the right to amend these Terms of Use at any time without notice.  It is your responsibility to review these Terms of Use for any changes.  Your use of the VeoMed Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.  You agree that the VeoMed Website shall be deemed solely based in California, and the VeoMed Website shall be deemed a passive website that does not give rise to personal jurisdiction over VeoMed, either specific or general, in jurisdictions other than California.  These Terms of Use shall be governed by the laws of the State of California, without regard to its conflict of laws principles.  Any claim or dispute between you and VeoMed that arises in whole or in part from these Terms of Use or the VeoMed Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California.  YOU AND VEOMED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THIS VEOMED WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.  Nothing in this Agreement shall be deemed to confer any rights or benefits upon any third party.

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