Terms of service
1. Your relationship with VEO
1.1 Your use of the website veo.co.uk (the “Website”) and any VEO software and services, provided to you on or from or through the Website or the VEO App (the “Service”) is subject to the terms of a legal agreement between you and Video Enhanced Observation Limited (Company Number 09477608), whose registered office is at 17 Northumberland Square, North Shields, England, NE30 1PX (“VEO”).
1.3 The Terms form a legally binding agreement between you and VEO in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, files, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 Use of the Service, without further act, binds you to the agreement referenced in Section 1.3 above. If you do not wish to be so bound, do not use the Service.
2.2 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with VEO, or (b) you are a person who is legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.3 You should print off or save a copy of the Terms for your records.
3. Changes to the Terms
VEO may, in its sole discretion, modify, amend or revise these Terms at any time, and you agree to be bound by such modifications or revisions without any actual notice to you. Although VEO may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Your use of the Website after such modification, amendments or revisions, whether or not you have been notified of the same, constitutes your acceptance of the revised terms.
4. VEO Accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create an account. When creating your account, you must provide accurate and complete information. It is important that you must keep your account password secure and confidential.
4.2 You must notify VEO immediately of any breach of security or unauthorised use of your account that you become aware of.
4.3 You agree that you will be solely responsible (to VEO, and to others) for all activity that occurs under your account.
5. General restrictions on use
5.1 VEO hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
5.1.1 you agree not to distribute or permit subdistribution of all or any part or parts of the Website or the Service, including but not limited to any Content, in any medium without VEO’s prior written authorisation in each instance;
5.1.2 you agree not to alter or modify any part of the Website or any of the Service;
5.1.3 you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service.
5.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service.
5.3 You acknowledge and agree that VEO may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at VEO’s sole discretion, without prior notice to you.
5.4 You agree that you are solely responsible for (and that VEO has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which VEO may suffer) of any such breach.
6.1 You (or your employer, as the case may be) retain all of your ownership rights in your Content, but you are required to grant limited licence rights to VEO and other users of the Service. These are described in paragraph 7 of these Terms.
6.2 You understand and agree that you are solely responsible for your own Content and the consequences of uploading or publishing it. 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.
6.3 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable VEO to use your Content for the purposes of the provision of the Service by VEO, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
6.4 Content must not:
6.4.1 Contain any material which is defamatory of any person.
6.4.2 Contain any material which is obscene, offensive, hateful or inflammatory.
6.4.3 Contain sexually explicit material.
6.4.4 Contain or promote violence.
6.4.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
6.4.6 Infringe any copyright, database right, trade mark or right of privacy of any other person.
6.4.7 Be likely to deceive any person.
6.4.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
6.4.9 Promote any illegal activity.
6.4.10 Be made or used without obtaining the prior written consent of any data subjects who appear in any Content.
6.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for VEO to use or possess in connection with the provision of the Service.
6.6 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant VEO the licence referred to in paragraph 7.1 below.
6.7 On becoming aware of any potential breach of these Terms, VEO reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content, permanently delete same and/or terminate a User’s access for uploading Content which is in breach of these Terms at any time, without prior notice and at its sole discretion.
6.8 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VEO with respect to any such Content.
7. Rights you Licence
7.1 When you upload or post Content to VEO, you grant:
7.1.1 to VEO, a worldwide, royalty-free, perpetual, non-exclusive licence to use, copy, disclose, distribute, incorporate and otherwise use such Content for the purposes of (i) displaying the Content within the Service (ii) allowing other users to share the Content subject to your privacy choices; and (iii) archiving or preserving any Content for disputes, legal proceedings or investigations.
7.1.2 to each user of the Service, a worldwide, non-exclusive, perpetual, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
7.2 The above licenses granted by you terminate when you remove or delete your Content from the Website. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
8. VEO content on the Website
With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to VEO, and is subject to copyright, trade mark rights, and other intellectual property rights of VEO or VEO’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of VEO or, where applicable, VEO’s licensors. VEO and its licensors reserve all rights not expressly granted in and to their Content.
9. Third Party Links
9.1 The Service may include hyperlinks to other web sites that are not owned or controlled by VEO. VEO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
9.2 You acknowledge and agree that VEO is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that VEO is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.1 VEO may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if VEO determines that you have breached any provision of this Agreement or that your conduct or content would tend to damage VEOs reputation and goodwill.
10.2 VEO may at any time immediately and without notice to you terminate its legal agreement with you if:
10.2.1 you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
10.2.2 VEO is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
10.2.3 VEO is no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
10.2.4 the agreement between VEO and the organisation or entity that pays for the availability of the Service to you is terminated for any reason.
10.3 You may delete your account at any time. Basic accounts may be deleted from the Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term. Deletion of an account does not imply that VEO does not have the right to, or in actuality shall, retain your data.
10.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and VEO have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
11. Exclusion of Warranties
11.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
11.2 The Service is provided “as is” and VEO makes no warranty or representation to you with respect to them.
11.3 In particular VEO makes no representations or warranties:
11.3.1 that the VEO Service will be permitted in your jurisdiction;
11.3.2 that the VEO Service will be uninterrupted or error-free;
11.3.3 concerning any content submitted by any member;
11.3.4 concerning any third party’s use of content that you submit;
11.3.5 that any content you submit will be made available on the VEO Service or will be stored by VEO;
11.3.6 that the VEO Service will meet your business or professional needs; or
11.3.7 that VEO will continue to support any particular feature of the VEO Service.
11.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
12. Limitation of Liability
12.1 Nothing in these Terms shall exclude or limit VEO’s liability for losses which may not be lawfully excluded or limited by applicable law.
12.2 Subject to the overall provision in paragraph 12.1 above VEO shall not be liable to you for:
12.2.1 any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
12.2.2 any loss or damage which may be incurred by you as a result of:
(i) any changes which VEO may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
(ii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
(iii) your failure to provide accurate account information;
(iv) your failure to keep your password or account details secure and confidential.
12.3 The limitations on VEO’s liability to you in paragraph 12.2 above shall apply whether or not VEO has been advised of or should have been aware of the possibility of any such losses arising.
12.4 Other than the losses set out in clause 12.2 (for which VEO is not liable) VEO’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall in all circumstances be limited to the total of fees paid by you or on your behalf during the 12 months immediately preceding the date on which the claim arose.
13. Compliance with Data Protection Legislation
You agree that you shall have sole responsibility for the legality, reliability, integrity, appropriateness, accuracy and quality of the data, information or material provided or uploaded to the VEO Service taking into account all applicable data protection legislation as amended from time to time.
14. Complaints arising under this Agreement
14.1 Any complaint must be handled in accordance with VEO’s complaints procedure. Complaints must be made in writing to the CEO at firstname.lastname@example.org and must contain the following information:
Full name, address and VEO account details;
A full description of the complaint made and whether this is against VEO or another user of the Service.
14.2 VEO will acknowledge receipt of the complaint within 7 days and will request clarification of any matters contained in the complaint within 21 days thereafter. VEO will deal with the complaint and issue a decision within 3 months from the date the complaint was received. In reaching that decision, VEO will:
Investigate the complaint as it sees fit;
Obtain advice (where it is appropriate to do so) from an appropriate professional.
14.3 If VEO cannot make a decision within 3 months then it will notify the complainant explaining the reasons for the delay and when they can expect to be able to make a decision.
14.4 VEO will notify the complainant of its decision in writing no later than 15 days after the decision was made together with any further action that it intends to take to resolve the complaint. There is no right to appeal this decision.
15. General Legal Terms
15.1 These Terms completely replace any prior agreements between you and VEO in relation to the Service.
15.2 You agree that VEO may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service but is not obligated to do so.
15.3 You agree that if VEO does not exercise or enforce any legal right or remedy which is contained in the Terms (or which VEO has the benefit of under any applicable law), this will not be taken to be a formal waiver of VEO’s rights and that those rights or remedies will still be available to VEO.
15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.5 The Terms, and your relationship with VEO under the Terms, shall be governed by English law. You and VEO agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that VEO shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.