Terms of Use
This Agreement was last revised on September 24,
2010.
Welcome to this Veechi Corp.
("Veechi" "we," or "us") owned website located at
www.socializedhr.com ("Site") that includes various online services
and associated software applications. Veechi provides a place for potential
employers ("Employers")
to connect with job seekers, search resumes, and make targeted recruiting
connections. Employers can also manage
the job applicant process, upload resumes and information and include comments
on resumes or about potential job candidates in their Veechi account.
THIS TERMS OF USE
AGREEMENT EXPLAINS THE TERMS BY WHICH YOU MAY USE OUR SERVICE. BY ACCESSING OR
USING ANY OF THE VEECHI SERVICES, SITE, APPLICATION OR SOFTWARE PROVIDED
THROUGH, OR IN CONNECTION WITH, THE SERVICE ("SERVICE"), YOU AGREE
THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF USE
AGREEMENT ("AGREEMENT"), WHETHER OR NOT YOU ARE A REGISTERED USER OF
OUR SERVICE.
WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT AT
ANY TIME. IF WE DO THIS, WE WILL POST THE AMENDED AGREEMENT ON THIS PAGE AND
INDICATE AT THE TOP OF THE PAGE THE DATE THE AGREEMENT WAS LAST REVISED. WE
ALSO MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGE. YOUR CONTINUED USE OF THE SERVICE AFTER
ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF USE. IF YOU DO
NOT AGREE TO ANY OF THESE TERMS OR ANY FUTURE TERMS OF USE, DO NOT USE OR
ACCESS (OR CONTINUE TO ACCESS) THE SERVICE. THIS AGREEMENT APPLIES TO ALL
VISITORS, USERS, AND OTHERS WHO ACCESS THE SERVICE, INCLUDING WITHOUT
LIMITATION EMPLOYERS ("USERS").
Use of Our Service
You do not have to register in order to visit this
Site. To access certain features of the Service, though, you will need to
register with Veechi and create a "Member" account. Your account
gives you access to the specific Service you have registered for and the
associated functionality that we may establish and maintain from time to time
in our sole discretion.
You may never use another Member'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 Veechi
immediately of any breach of security or unauthorized use of your account.
Although Veechi will not be liable for your losses caused by any unauthorized
use of your account, you shall be liable for the losses of Veechi or others due
to such unauthorized use.
You may use your Account Settings to control your
Member Profile and how other Members communicate with you. By providing Veechi
your email address you consent to our using the email address to send you
Service-related notices, including any notices required by law, in lieu of
communication by postal mail. These electronic communications are part
of your relationship with Veechi and you receive them as part of your
subscription to the Service. You
agree that any notices, agreements, disclosures or other communications that we
send you electronically will satisfy any legal communication requirements,
including that such communications be in writing. You
may opt out or change the frequency of many Service-related communications by
editing your privacy settings. You may opt out of Service-related e-mails. We
may also use your email address to send you other messages, including changes
to features of the Service and special offers. If you do not want to receive
such email messages, you may opt out by changing the preferences in your
Account Settings. Opting out may prevent you from receiving email messages
regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium,
including without limitation, by any automated or non-automated
"scraping"; (ii) using any automated system, including, without
limitation "robots," "spiders," "offline
readers," etc., to access the Service in a manner that sends more request
messages to the Veechi servers than a human can reasonably produce in the same
period of time by using a conventional on-line web browser; (iii) attempting to
interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service; (iv) taking any
action that imposes, or may impose, as determined in our sole discretion an unreasonable or disproportionately
large load on our infrastructure; (v) uploading invalid data, viruses, worms,
or other software agents through the Service; (vi) collecting or harvesting any
personally identifiable information, including account names, from the Service;
(vii) using the Service for any commercial solicitation purposes; (viii)
impersonating another person or otherwise misrepresenting your affiliation with
a person or entity, conducting fraud or hiding or attempting to hide your
identity; (ix) interfering with the proper working of the Service; or (x) bypassing
the measures we may use to prevent or restrict access to the Service.
Veechi may permanently or temporarily terminate,
suspend, or otherwise refuse to permit your access to the Service for any
reason, including, if in Veechi's sole determination,
you violate any provision of this Agreement, or for no reason without notice
and liability. Upon termination, any information, including any User Content,
that you have submitted on the Service or that is related to your account may no
longer be accessed by you. Upon termination for any reason or no reason, you
continue to be bound by this Agreement.
You are solely responsible for your interactions
with other Veechi Users. Veechi reserves the right,
but has no obligation, to monitor disputes between you and other Users. Veechi
shall have no liability for your interactions with other Users, or for any
User's action or inaction.
User Sign up Obligations
You need to sign up for a user account by providing all required
information in order to access or use the Service. If you represent an
organization and wish to use the Service for corporate internal use, we
recommend that you, and all other users from your organization, sign up for
user accounts by providing your corporate contact information. In particular,
we recommend that you use your corporate email address. You agree to: a)
provide true, accurate, current and complete information about yourself as
prompted by the sign up process; and b) maintain and promptly update the
information provided during sign up to keep it true, accurate, current, and
complete. If you provide any information that is untrue, inaccurate, outdated,
or incomplete, or if Veechi has reasonable grounds to
suspect that such information is untrue, inaccurate, outdated, or incomplete, Veechi may terminate your user account and refuse current
or future use of any or all of the Service.
Subscription to Beta Service
We may
offer certain Services as closed or open beta services ("Beta
Service" or ÒBeta ServicesÓ) for the purpose of testing and evaluation.
You agree that we have the sole authority and discretion to determine the
period of time for testing and evaluation of Beta Services. We will be the sole
judge of the success of such testing and the decision, if any, to offer the
Beta Services as commercial services. You will be under no obligation to
acquire a subscription to use any paid Service as a result of your subscription
to any Beta Service. We reserve the right to fully or partially discontinue, at
any time and from time to time, temporarily or permanently, any of the Beta
Services with or without notice to you. You agree that Veechi
will not be liable to you or to any third party for any harm related to,
arising out of, or caused by the modification, suspension or discontinuance of any
of the Beta Services for any reason.
User Content
Some areas of the Service may allow Users to post or
upload resumes, feedback, comments, questions, and other information
("User Content"). You are solely responsible for the User Content
that you upload, publish, display, link to or otherwise make available
(hereinafter, "post") on the Service, and you agree that we are only
acting as a passive conduit for your online distribution and publication of
your User Content.
You agree not to post User Content that: (i) may
create a risk of harm, loss, physical or mental injury, emotional distress,
death, disability, disfigurement, or physical or mental illness to you, to any
other person, or to any animal; (ii) may create a risk of any other loss or
damage to any person or property; (iii) may constitute or contribute to a crime
or tort; (iv) contains any information or content that we deem to be unlawful,
harmful, abusive, racially or ethnically offensive, defamatory, infringing,
invasive of personal privacy or publicity rights, harassing, humiliating to
other people (publicly or otherwise), libelous, threatening, profane, or
otherwise objectionable; (v) contains any information or content that is
illegal (including, without limitation, the disclosure of insider information
under securities law or of another party's trade secrets); (vi) contains any
information or content that you do not have a right to make available under any
law or under contractual or fiduciary relationships; or (vii) contains any
information or content that is not correct and current or is misleading. Veechi
encourages honest, respectful and lawful discussions. Any User Content posting
that may fall into any of the (i) through (vii)
categories above is expressly against Veechi's
policy. You agree that any User Content that you post does not and will not
violate third-party rights of any kind, including, without limitation, any
Intellectual Property Rights (as defined below) and rights of publicity and
privacy. For the purposes of this Agreement, "Intellectual Property
Rights" means all patent rights, copyright rights, mask work rights, moral
rights, rights of publicity, trademark, trade dress and service mark rights,
goodwill, trade secret rights and other intellectual property rights as may now
exist or hereafter come into existence, and all applications therefore and
registrations, renewals and extensions thereof, under the laws of any state,
country, territory or other jurisdiction. Without limiting the foregoing
sentence, you agree not to post, share, or redistribute over the Service any
study materials, files, or other information related to your classes unless you
have permission from the materials' author (for instance, a professor or
classmate). You understand that publishing your User Content on the Service is
not a substitute for registering it with the U.S. Copyright Office, the
Writer's Guild of America, or any other rights organization.
Veechi reserves the right, but is not obligated, to reject
and/or remove any User Content that Veechi believes,
in its sole discretion, violates this Agreement. You acknowledge and agree that
Veechi may, at its option, establish limits
concerning User Content, including, without limitation, the maximum number of
days that User Content will remain on the Service, the type of file that may be
uploaded to the Service, the maximum size of any files that may be stored on or
uploaded to the Service, and the maximum disk space that will be allotted to
you for the storage of User Content on Veechi's
servers. Veechi will have no responsibility or
liability, and you are solely responsible, for creating back-ups of your User
Content.
Veechi takes no responsibility and assumes no liability for
any User Content that you or any other Users or third parties post or send over
the Service. You understand and agree that any loss or damage of any kind that
occurs as a result of the use of any User Content that you send, upload,
download, stream, post, transmit, display, or otherwise make available or
access through your use of the Service is solely your responsibility. Veechi is not responsible for any public display or misuse
of your User Content. You understand and acknowledge that you may be exposed to
User Content that, pursuant to this Agreement, may not be posted on the Site,
including, without limitation, User Content that is inaccurate, offensive,
defamatory, unlawful, indecent, or otherwise objectionable, and you agree that Veechi shall not be liable for any damages you allege to
incur as a result of such User Content.
License Grant for User Content
By providing User Content, you grant to Veechi a license to use the User Content to provide the
Service to you and to generally improve our Service. Additionally, if you opt in and only to the extent allowed
by you pursuant to the preferences you select as described in the [link-Veechi Privacy Policy], you grant Veechi
permission to publicly display and publicly perform the User Content as set
forth in the Veechi Privacy Policy..
All such uses will be in
accordance with [link-the Veechi Privacy Policy] that
describes certain options you have for how your User Content will be displayed
on the Service (e.g. either for your own business use or for use by other
employers).
Our Proprietary Rights
Subject to the terms and conditions of this
Agreement, Veechi grants you permission to use the Service and Veechi Content
for your internal hiring needs only. Veechi reserves all rights not expressly
granted herein in the Service and the Veechi Content (as defined below). Veechi
may terminate this license at any time for any reason or no reason.
Except for your User Content, the Service and all materials therein or
transferred thereby, including, without limitation, software, images, text,
graphics, illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music, and User Content (the "Veechi
Content"), and all Intellectual Property Rights related thereto, are the
exclusive property of Veechi and its licensors. Except as explicitly provided
herein, nothing in this Agreement shall be deemed to create a license in or
under any such Intellectual Property Rights, and you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works from any
materials or content accessible on the Service. Use of the Veechi Content or
materials on the Service for any purpose not expressly permitted by this
Agreement is strictly prohibited. You may choose to, or we may invite you to,
submit comments or ideas about the Service, including, without limitation,
about how to improve the Service or our products ("Ideas"). By
submitting any Idea, you agree that your disclosure is gratuitous, unsolicited
and without restriction and will not place Veechi under any fiduciary or other
obligation, and that we are free to use the Idea without any additional
compensation to you, and/or to disclose the Idea on a non-confidential basis or
otherwise to anyone. You further acknowledge that, by acceptance of your
submission, Veechi does not waive any rights to use similar or related ideas
previously known to Veechi, or developed by its employees, or obtained from
sources other than you.
Payment and Electronic Communications
You
are expressly agreeing that Veechi is permitted to bill you the applicable
fees, any applicable tax and any other charges you may incur with Veechi in
connection with your use of the Service, and that the fees will be billed to
the credit card you provide in accordance with the billing terms in effect at
the time a fee or charge is due and payable. If payment is not received or cannot be charged to your
credit card for any reason in advance, Veechi reserves the right to either
suspend or terminate your access to the Service. All fees are non-refundable. If you use a Service through your phone, you acknowledge and
agree that your use of the Service may be subject to additional fees charged by
your cellular phone provider.
If you
have purchased a paid subscription to the Service, your subscription will
automatically renew for additional, successive subscription periods equal in
duration to the initial subscription period, unless you have terminated your
subscription prior to the next renewal period. You may terminate your subscription to the Service at any
time and you will not be obligated to pay any additional fees for upcoming
subscription renewal periods but any subscription fees you have paid in advance
will not be refunded. You
acknowledge and agree that Veechi will automatically charge your credit card on
record with Veechi for the then-current subscription period upon the
commencement of any renewal period.
Eligibility
This Service is intended solely for Users who are
thirteen (13) years of age or older, and any registration, use or access to the
Service by anyone under 13 is unauthorized, unlicensed, and in violation of
this Agreement. If you are under eighteen (18) years of age you may use the
Service only if you either are 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 this Agreement, and to abide by and comply with this Agreement.
Privacy
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you
are consenting to have your personal data transferred to and processed in the
United States as set forth in our Privacy Policy.
DMCA Notice
If you believe that your copyrighted work has been
copied in a way that constitutes copyright infringement and is accessible via
the Service, please notify Veechi's copyright agent, as set forth in the
Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint
to be valid under the DMCA, you must provide the following information in
writing:
1. An electronic or physical signature of a person
authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you
claim has been infringed;
3. Identification of the
material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Veechi
to contact you, such as your address, telephone number, and, e-mail address;
5. 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 law; and
6. A statement, made under penalty of perjury,
that the above information is accurate, and that you are the copyright owner or
are authorized to act on behalf of the owner.
The above information must be submitted to the
following DMCA Agent:
|
Name: |
Peter Levy |
|
Attn: |
DMCA
Notice |
|
Business: |
Veechi
Corp. |
|
Address: |
17624
Blanchard Drive Monte
Sereno, CA 95030 |
|
Telephone: |
408-354-5006 |
|
Email: |
copyright@veechi.com |
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT
THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION
FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS' FEES.
Please note that this procedure is exclusively for
notifying Veechi and its affiliates that your copyrighted material has been
infringed. The preceding requirements are intended to comply with Veechi's
rights and obligations under the DMCA, including 17 U.S.C. ¤512(c), but do not
constitute legal advice. It may be advisable to contact an attorney regarding
your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable laws,
Veechi has adopted a policy of terminating, in
appropriate circumstances and at Veechi's sole
discretion, Users who are deemed to be repeat infringers. Veechi may also at
its sole discretion limit access to the Service and/or terminate the accounts
of any Users who infringe any intellectual property rights of others, whether
or not there is any repeat infringement.
Additional Representations and Warranties
You shall be solely responsible for your own User
Content and the consequences of posting or publishing it. In connection with
User Content, you affirm, represent and warrant, in addition to the other
representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are
under 18 years of age you are either 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 this Agreement and to abide by and comply with this
Agreement.
b. You have the written consent of each and every
identifiable natural person in the User Content to use such person's name or
likeness in the manner contemplated by the Service and this Agreement, and each
such person has released you from any liability that may arise in relation to
such use.
c.
Your User Content and Veechi's use thereof as contemplated by this Agreement
and the Service will not infringe any rights of any third party, including,
without limitation, any Intellectual Property Rights, privacy rights and rights
of publicity.
d. Veechi may exercise the rights to your User
Content granted under this Agreement without liability for payment of any guild
fees, residuals, payments, fees, or royalties payable under any collective
bargaining agreement or otherwise.
Third-Party Websites, Advertisers or Services
The Site may contain links to third-party
websites, advertisers, or services that are not owned or controlled by Veechi.
Veechi has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites or services. If you
access a third party website from Veechi, you do so at your own risk, and you
understand that this Agreement and Veechi's Privacy Policy do not apply to your
use of such sites. You expressly relieve Veechi from any and all liability arising
from your use of any third-party website or services or third party owned
content. Additionally, your dealings with, or participation in, promotions of
advertisers found on the Site, including payment and delivery of goods, and any
other terms (such as warranties) are solely between you and such advertisers.
You agree that Veechi shall not be responsible for any loss or damage of any
sort relating to your dealings with such advertisers. We encourage you to be
aware of when you leave the Service, and to read the terms and conditions and
privacy policy of any third-party website or service that you visit.
Indemnity
You agree to defend, indemnify and hold harmless Veechi and its subsidiaries, agents, and other affiliated
companies, and their respective employees, contractors, agents, officers,
directors and shareholders, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including,
without limitation, attorney's fees) arising from: (i)
your use of and access to the Service, including any data or work transmitted
or received by you; (ii) your violation of any term of this Agreement,
including without limitation, your breach of any of the representations and
warranties above; (iii) your violation of any third-party right, including,
without limitation, any right of privacy, publicity rights or Intellectual
Property Rights; (iv) your violation of any law, rule or regulation of the
United States, any state in the United States, or any other country or any of
their subdivisions; (v) any claim or damages that arise as a result of any of
your User Content or any that are submitted via your account; or (vi) any other
party's access and use of the Service with your unique username, password or
other appropriate security code.
No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE
SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
VEECHI, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT: THE CONTENT IS
ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS;
THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE
CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. VEECHI
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VEECHI SERVICE OR
ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND VEECHI WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. VEECHI PROVIDES NO WARRANTIES REGARDING
YOUR PHONE, AND YOUR USE OF THE SERVICE MAY BE CONTINGENT ON THE FUNCTIONALITY
OF YOUR PHONE. THE
DATA CONTAINED IN REPORTS PROVIDED THROUGH THE SOCIAL IDENTITY REPORTS SERVICE
ARE SOURCED FROM AND PROVIDED BY THIRD PARTIES AND VEECHI HAS NO RESPONSIBILITY
FOR THE DATA OR INFORMATION FROM THIRD PARTIES.
You acknowledge that VEECHI may
establish limits concerning use of the Service, including the maximum number of
days that data contained in reports will be retained by the Service, the
maximum number and size of information, or other content that may be
transmitted or stored by the Service, and the frequency with which you may
access the Service. You agree that VEECHI has no responsibility or liability
for the deletion or failure to store any User Content or other content
maintained or transmitted by the Service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL VEECHI OR ITS SUBSIDIARIES, AGENTS, AND OTHER AFFILIATED
COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS AND SHAREHOLDERS OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL
VEECHI OR AND ITS SUBSIDIARIES, AGENTS, AND OTHER AFFILIATED COMPANIES, AND
THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS AND SHAREHOLDERS BE
RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR
OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE
INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, VEECHI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT IN THE SERVICE; (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 STORED THEREIN; (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY
THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE
DEFAMATORY, OFFENSIVE, INDECENT, INACCURATE, ILLEGAL OR OTHERWISE OBJECTIONABLE
CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL VEECHI, ITS AFFILIATES,
DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT
EXCEEDING FIVE HUNDRED DOLLARS ($500.00). THIS LIMITATION OF LIABILITY SECTION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VEECHI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its
facilities in the United States. Veechi 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 entirely responsible for compliance with local
law, including, without limitation, export and import regulations. Unless
otherwise explicitly stated, all materials found on the Service are solely
directed to individuals, companies, or other entities located in the U.S.
Inactive User Accounts Policy
We reserve the right to terminate your account if
your account is inactive for a continuous period of more than 120 days. In the
event of such termination, all data associated with such user account will be
deleted. We will provide you prior notice of such termination and backup of
your data by email. The data deletion policy may be implemented with respect to
any or all of the Service. Each Service will be considered an independent and
separate service for the purpose of calculating the period of inactivity. In
other words, activity in one of the Service is not sufficient to keep your user
account in another Service active. In case of accounts with more than one user,
if at least one of the users is active, the account will not be considered
inactive.
Assignment
This Agreement, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be assigned
by Veechi without restriction.
Disclosure
Veechi may disclose that you have used the Services you have
licensed.
General
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California;
and (ii) the Service shall be deemed a passive one that does not give rise to
personal jurisdiction over Veechi or its
subsidiaries, agents, and other affiliated companies, and their respective employees,
contractors, agents, officers, directors and shareholders, either specific or
general, in jurisdictions other than California. This Agreement 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 Veechi 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, unless submitted to arbitration as
set forth in the following paragraph.
B. Notification Procedures. Veechi
may provide notifications, whether such notifications are required by law or
are for marketing or other business related purposes, to you via email notice,
written or hard copy notice, or through conspicuous posting of such notice on the
Site, as determined by Veechi in our sole discretion.
Veechi reserves the right to determine the form and
means of providing notifications to our Users, provided that you may opt out of
certain means of notification as described in this Agreement.
C. Entire Agreement/Severability. This Agreement,
together with any other legal notices and agreements published by Veechi via the Service, shall
constitute the entire agreement between you and Veechi
concerning the Service. If any provision of this Agreement is
deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of
this Agreement, which shall remain in full force and effect.
D. No
Waiver. No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and Veechi's
failure to assert any right or provision under this Agreement shall not
constitute a waiver of such right or provision.
Please contact us at info@veechi.com with any questions
regarding this Agreement.
