1.2 The User hereby represents and warrants to VEO that he or she is at least thirteen (13) years of age or otherwise capable of entering into and performing legal agreements on his or her own behalf or on behalf of the person or entity that he or she is legally representing. If User is not thirteen (13) years of age or older, the User represents and warrants to VEO to have his/her parents’ consent to use the Website, subscribing for an Account or using the Services.
2. SUBCRIBING FOR AN ACCOUNT
2.1 In order for Publishers to access, edit and publish Content from their VEO Camera and for Users to use most of the Services, it is a requirement to subscribe for an account either as a Club or a Fan on the VEO Website (the “Account”). A Publisher must choose subscription period when subscribing for the Account ("Subscription Period").
2.2 A User will be able to access its Accounts by logging in by entering a User ID and a password.
2.3 The Account is personal to the User, and the User is solely responsible for any and all activity that occurs under the Account. The User must notify VEO immediately of any breach of security or unauthorized use of the Account that the User become aware of.
2.4 When creating the Account, the User is required to provide accurate and complete information.
2.5 The Account password must be kept secure and confidential at all times. The User is obliged to notify VEO forthwith at "firstname.lastname@example.org" if the User becomes aware that the password has been disclosed to an unauthorized third party or that the Account is being misappropriated. VEO will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the User’s failure to comply with this provision.
2.6 VEO reserves the right to suspend or disable the Account or password at its discretion and without any penalty or liability whatsoever and to remove and discard all or any part of the Account, User profile, and any Content, at any time and without prior notice.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All data and material on the VEO Website, except Content, including, without limitation, text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable material, as well as the selection, organization, coordination, compilation and overall look and feel of the Services ("Material") are the intellectual property of VEO, its affiliates or its licensors. All trademarks and trade names, except in Content, are proprietary to VEO, its affiliates or licensors.
3.2 All Content uploaded by a Publisher to the VEO Website is the intellectual property of the Publisher, however subject to clause 5.1.2.
4. GENERAL RESTRICTIONS ON USE
4.1 The User hereby represents and warrants not to use the Services or the VEO Website:
(a) to impersonate another person or entity, or claim a false identity when subscribing for an Account on the VEO Website or use an Account of a third party;
(b) for any purpose other than to access the Website and Services as offered by VEO;
(c) to bypass, disable or otherwise interfere with security related features of the VEO Website or the Services or features that prevent, limit, or restrict the access to the VEO Website and/or the use or re-production of any Material or Content;
(d) to delete or modify notices regarding copyright or other proprietary rights on the Material or any Content;
(f) for any illegal purpose in any jurisdiction;
(g) collect personal information about Users or third parties without their and VEO's consent;
(h) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code in any of the Material; or
(i) interfere with or damage the operation of the Services or any User's enjoyment of them by any means, including uploading or otherwise disseminating viruses, spyware, worms or other malicious code.
4.2 The User warrants that it will not publish sensitive personal data on the VEO Website, including on its own Account or the Publisher's Account. Sensitive personal data is defined in art. 9 of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "GDPR") and includes health information related to a physical person.
4.3 The User agrees not to sell, license, distribute, copy, record, modify, publicly perform or display, transmit, publish or republish, including republication on another website, edit, adapt, create derivative works from, or otherwise make use of the Material and/or the Content that is not considered the User’s propriety. If the User, to the extent permitted by applicable statutory laws, records, downloads or otherwise copies the Material and/or Content for personal and non-commercial use, the User must retain all copyright, trademark, or other proprietary notices. VEO reserves all rights not expressly granted in and to the VEO Website, the Services, the Material, and the Content.
4.4 VEO reserves the right to suspend, discontinue or modify any aspect of the Services at any time, including the right to discontinue fully or partially the display of any Content or linked or embedded content, and to prevent access to the VEO Website or any Content from specific territories (geo-blocking).
5. VEO’S RELATIONSHIP TO THE PUBLISHER IN PARTICULAR
5.1 Submission of Content
5.1.1 The Publisher acknowledges and agrees that the VEO Website is designed for a purpose serving a particular community and interest, and that any Content submitted conforms to such purpose.
5.1.2 By uploading Content to the VEO Website, the Publisher hereby grants VEO a worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable right to copy, use, reproduce, distribute, publish, translate, create derivative works of, publicly display, publicly perform, sell, transfer, license, edit, modify, transmit, stream, broadcast, making publicly available and otherwise exploit the Content on the Website as well as on and through third-party distributions channels selected be VEO, including without limitation for promoting, advertising, redistributing and making available on demand the Content and/or the VEO Website in any media formats, media channels or medium now or hereafter devised, in whole or I part, for any purposes. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, advertise, make derivative works from or otherwise exploit the Content in proximity with or in connection with any third party content.
5.1.3 The Publisher is solely responsible for all of its Content and the consequences of publishing it, and the Publisher hereby acknowledges that the VEO Website and the Services are merely providing the Publisher the technical means to produce and distribute its Content. This specifically includes that Publisher is responsible for and must obtain necessary legal basis when filming individuals using the VEO Camera and uploading Content to the VEO Website according to relevant laws.
5.1.4 Under no circumstances will VEO assume any responsibility in the creation, arrangement, scheduling and promotion of Content, nor does VEO monitor the submission of Content to VEO or the publication of Content on the VEO Website. VEO does not endorse any Content or any opinion, recommendation, or advice expressed therein, and VEO expressly disclaims any and all liability in connection with Content.
5.1.6 The Publisher hereby represents and warrants that:
(ii) its Content does not and will not:
(a) infringe any third-party right, including any copyright, trademark, patent, trade secret, privacy right, broadcasting right or any other intellectual property or proprietary right; or
(b) slander, defame, libel, or invade the right of privacy, personality or other rights of any person or entity.
(iii) its Content will be made available for display at the date and time scheduled by the Publisher;
(iv) its Content or sequential order of Content does not constitute a television or radio programme service in the form of a sequence of self-contained programmes continuously offered and defined in time or is otherwise subject to statutory television broadcasting requirement;
(v) its Content does not contain any viruses, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Services;
(vi) its Content does not violate any laws or regulations or contain any falsehoods or misrepresentations that could cause harm to VEO or any third party; and
(vii) it will not create, post or upload any Content that is obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that is deemed a criminal offence
5.1.7 VEO reserves the right to advertise its Website and Services or products and services of third parties on the Publisher’s channel or together with Content.
5.2.1 Publisher has the option to invite Fans to the VEO Website (Fans will then have to create their own Account). If Publisher does so, Publisher is solely responsible for and may only invite individuals that are thirteen (13) years of age or older. Subsequently, Publisher must secure a parental consent before individuals under thirteen (13) years of age signing up.
5.3 Data Processing
5.3.1 The Publisher is the data controller and VEO is the data processor in respect of Content uploaded to and published by the Publisher on the VEO Website as well as to any other personal data processed on the Publisher's Account on the VEO Website. The Publisher and VEO have therefore entered into a data processing agreement governing VEO's data processing activities on behalf of the Publisher in compliance with GDPR. The Publisher is specifically made aware that the VEO Website, including the Publisher's Account, must not be used for processing of sensitive personal data as defined in GDPR article 9, which includes but is not limited to health information related to a physical person. It is the Publisher's responsibility to ensure that no sensitive personal data is processed on the Publisher's Account on the VEO Website.
5.3.2 VEO is specifically instructed not only to transmit the Publisher's Content on the Publisher's Account on the VEO Website but also to transmit the Content or parts hereof on the general VEO Website with the purpose to attract Fans to the Publisher's Account on the VEO Website.
5.4 Closing of Account
5.4.1 If Publisher wants to unsubscribe for its Account, the Publisher must contact VEO at email@example.com. Publisher may only unsubscribe for its Account with one (1) months' written notice to VEO to the end of a Subscription Period. A Publisher subscribing for an Account as a consumer can, however, terminate its subscription for an Account with one (1) months' notice to the end of a month.
6. VEO’S RELATIONSHIP TO THE FAN IN PARTICULAR
6.1 Fans have limited access to the VEO Website and to Content that subject to the sole discretion of VEO is available on-demand and through the reception of live streaming.
6.2 Any use or access by anyone under the age of 13 is prohibited.
6.2.1 If a Fan wants to unsubscribe for its Account, the Fan must do so via the VEO Website. Fan Accounts that are not accessed or used for a period of twelve (12) months may be restricted or deleted at the discretion of VEO. This may include any Content published by the Fan.
7. RIGHT TO CANCEL OR RETURN
7.1 If You as a consumer subscribes for an Account, You have the right to cancel and return Your order within fourteen (14) days, for any reason and without a justification. The fourteen (14) days begin upon Your subscription.
7.2 You must inform VEO that You want to cancel Your subscription for Your Account. Please inform VEO on firstname.lastname@example.org and we will provide You with any paid fees. VEO will provide You with a refund within fourteen (14) days of receiving Your cancellation request. However, this might be delayed if VEO has not received the VEO Camera or evidence that You've made the return.
8. SUBSCRIPTION FEE
8.1 For the subscribing for an Account and use of the Services, the Publisher must pay a monthly or yearly subscription fee as specified in pricing table available at veo.co/pricing.
8.2 The Publisher must provide a valid and accepted payment information. If the payment information provided by the Publisher is declined for payment of the Publisher's subscription fees, the Publisher must provide VEO a new eligible payment information promptly or the Publisher's access to the User's Account and the Services content may be suspended. If the Publisher does not provide new payment information within three (3) months, VEO retains the right to delete the User’s account and the Content associated hereto.
8.3 All amounts specified to be paid to VEO are net amounts after deduction of any direct or indirect taxes (including but not limited to income tax, business tax, value added tax and turnover tax) and duties that are required to be withheld or paid in any country outside Denmark. The User shall pay any such direct or indirect taxes and duties to the relevant tax authorities. VEO shall pay all Danish taxes and duties related to payments to the Danish tax authorities.
9. NO WARRANTY
9.1 To the extent permitted by applicable law, the VEO Website, the Services and the Content are provided to the User on an "as is" basis without warranty of any kind.
9.2 Without limiting the generality of the foregoing, VEO disclaims to the extent permitted by law any and all warranties, express or implied, including, without limitation, any (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors or omissions in the Services, particularly in any unannounced termination of the provision of Content (d) warranties relating to the transmission or delivery of the Services, (e) warranties relating to the accuracy or completeness of information or data in the Services, or (f) other warranties relating to performance, non-performance, or other acts or omissions of VEO.
10. LIMITATION OF LIABILITY
10.1 In no event shall VEO be liable for any loss of anticipated revenues or profits, delays or otherwise for any consequential, indirect or punitive losses or damages, whether or not foreseeable and irrespective of the theory or cause of action upon which such damages might be based, including but not limited to strict liability, breach of warranty or otherwise. Loss of data in considered an indirect loss.
10.3 The above limitations and exclusions shall not apply (a) in case of willful misconduct or gross negligence, (b) in the event of death or bodily injury, or (c) if and to the extent mandatory law provides otherwise.
11.2 VEO reserves the right, at the User’s expense, to assume the exclusive defence and control of any matter for which the User is required to indemnify VEO, and the User herewith agrees to cooperate with VEO's defence of these claims.
12. THIRD PARTY WEBSITES
12.2 Access and use of Third-party Services, including the information, material, products, and services on or available through Third-party Services is solely at the User’s own risk.
14.1 The VEO Website and the Services are provided by VEO. VEO can be contacted by email at email@example.com.
15. OTHER PROVISIONS
15.1 As a part of the Services, VEO may – and you agree that VEO may - send you updates to the functionality and information about new features for the Platform.
16. GOVERNING LAW AND DISPUTES
16.3 All amounts specified to be paid to VEO are net amounts after deduction of any direct or indirect taxes (including but not limited to income tax, business tax, value added tax and turnover tax) and duties that are required to be withheld or paid in any country outside Denmark. The User shall pay any such direct or indirect taxes and duties to the relevant tax authorities. VEO shall pay all Danish taxes and duties related to payments to the Danish tax authorities.