ACCEPTANCE OF TERMS
Veolay provides its service to you subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you. In addition, when using particular Veolay services, you and Veolay shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TAC.
Acceptance of the TAC is absolute and applies to you as an account owner regardless of the number of websites contained within your account. You, as the Veolay account owner, are solely responsible for all websites within your account and for each site’s adherence to these Terms and Conditions.
DESCRIPTION OF PRODUCT
Veolay currently provides you with access to a fully featured Online Content Editor. You understand and agree that the product may include certain communications from Veolay, including but not limited to product announcements, administrative messages and newsletters (if you have subscribed to our newsletter service only), and the like, and that these communications are considered part of the Veolay Web Application and you will not be able to opt out of receiving them.
You agree to the fact that the download Veolay Web Application will sync/contact Veolay servers periodically to check previously validated Activation Code. Should their be a missmatch, missuse of activation code or if the activation code has been used in more than one website Veolay reserves the authority to de-authorize this particular Veolay License or all relevant Licenses until ownership has been verified. You also agree that while licenses are de-authorized you/client will not will not be able to use Veolay to edit content.
Veolay also allows you to use your own Brand when using on websites. By using Veolay, you accept full responsibility for all websites and for each site's adherence to these Terms and Conditions. You also agree that the product may include certain communications between Veolay and your clients who are using the application. You also agree that while Veolay intends to allow you to resell the service under a private label, this private label is in no way guaranteed and Veolay will in no way be held responsible for any failure to maintain its private label.
Unless explicitly stated otherwise, any new features that augment or enhance the current Product shall be subject to the TAC. You understand and agree that the Service is provided "AS-IS" and that Veolay assumes no responsibility for the timeliness, deletion (loss of data), mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Product and that access may involve third party applications and fees. In addition, you must provide and are responsible for all equipment & other services necessary to maintain the Product.
In consideration of your use of the Product, you agree to:
1. provide true, accurate, current and complete information about yourself as prompted by our official website and/or within the Veolay product itself;
2. provide true, accurate, current, complete and valid information about your method of payment when purchasing Veolay;
3. maintain and promptly update the Account Billing Data and Client Billing Data to keep it true, accurate, current, complete and valid. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Veolay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Veolay has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Veolay is intended for anyone.
One Veolay License is to be used ONLY on one domain or one sub-dmain.
VEOLAY ACTIVATION CODE AND YOUR WEBSITE SECURITY
You are responsible for maintaining the confidentiality of your activation codes, and are fully responsible for all activities that occur using your activation code. You agree to (a) immediately notify Veolay of any unauthorized use of your activation code or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Veolay cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Veolay, are entirely responsible for all Content that you or any of the users under your account upload, post, email, transmit or otherwise make available via the Service. Veolay does not control the Content posted via the Product and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Product, you may be exposed to Content that you feel is offensive, indecent or objectionable. Under no circumstances will Veolay be liable in any way for any Content, including, but not limited to, for 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 Veolay.
You agree to not use Veolay to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Veolay official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any content that is sexually explicit, pornographic, or in other ways could be viewed as "adult" content.
7. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
9. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. collect or store personal data about other users.
You acknowledge that Veolay does not pre-screen Content, but that Veolay and its designees shall have the right (but not the obligation) in their sole discretion to de-authorize and license that does not fully comply with the adobe terms & conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Veolay or submitted to Veolay using the Service. You acknowledge and agree that Veolay may may disclose your information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Veolay, its owners, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold Veolay, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Product, your use of the Product, your connection to the Product, your violation of the TAC, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Veolay has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Product. You further acknowledge that Veolay reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO PRODUCT
Veolay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that Veolay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product.
The Product may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Veolay has no control over such sites and resources, you acknowledge and agree that Veolay is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Veolay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
VEOLAY'S PROPRIETARY RIGHTS
You acknowledge and agree that the Product and any necessary software used in connection with the Product ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Product by any means other than through the interface that is provided by Veolay for use in accessing the Product. You strongly agree not to add, delete, modify any code that will interrupt, stop the software's activation method.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VEOLAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. VEOLAY MAKES NO WARRANTY THAT (i) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VEOLAY OR THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VEOLAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VEOLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR PRODUCT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCT.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TAC or other matters by displaying notices or links to notices to you generally on the Service or by posting them on their company website, blog or other corporate communications channels.
Veolay, the Veolay logo, and other Veolay product, plug-in and service names and logos are trademarks of Veolay. (the "Veolay Trademarks"). Without Veolay's prior permission, you agree not to display or use in any manner, the Veolay Trademarks.
The TAC constitutes the entire agreement between you and Veolay and governs your use of the Product, superseding any prior agreements between you and Veolay. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You and Veolay agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sri Lanka. The failure of Veolay to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.