Last Updated: November 18, 2021
Vevo is operated by Vevo LLC, which has offices at 4 Times Square, 25th Floor, New York, New York 10036, and its affiliates (“Vevo”, “we”, “our” or “us”).
Copyright © 2020 Vevo LLC
A. General. Subject to the terms and conditions herein, the Vevo Service shall enable Users to access certain features, functionality, information and services provided by us, which may include, without limitation, providing Users with the ability to access and view certain audio-visual content (including, without limitation, certain music videos).
B. Third Party Platforms. The Vevo Service may be dependent on or interoperate with third-party owned and/or operated platforms (each, a “Third Party Platform”) and may require that you be a registered member of or subscriber to such Third Party Platform in order to access the Vevo Service.
You are solely responsible for your conduct on and in connection with the Vevo Service. We want to keep the Vevo Service safe and fun for everyone and the use of the Vevo Service for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Vevo Service, you shall not:
intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
submit, post, email, display, transmit or otherwise make available on, through or in connection with the Vevo Service any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
submit, post, email, display, transmit or otherwise make available on, through or in connection with the Vevo Service any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
intentionally or unintentionally engage in or encourage conduct that adversely affects, or reflects negatively on, Vevo, the Vevo Service, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Vevo Service, or from advertising, linking or becoming a supplier to us in connection with the Vevo Service;
submit, post, email, display, transmit or otherwise make available on, through or in connection with the Vevo Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use the Vevo Service for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Vevo Service, whether or not for financial or any other form of compensation or through linking with another website or web page;
modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Vevo Service or the rights or use or enjoyment of the Vevo Service by any other User;
impersonate any person or entity, including, without limitation, a Vevo official, or falsely state or otherwise represent your affiliation with any person or entity, or transmit or otherwise make available on, through, or in connection with the Vevo Service false or misleading indications of origin, information or statements of fact;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Vevo Service; or
solicit passwords or personal identifying information for commercial or unlawful purposes from other Users, solicit Users for commercial or unlawful purposes, or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping,”, “phishing”, “database scraping,” or any other activity with the purposes of obtaining lists of Users or other information; or use or launch any automated systems, including, without limitation, “spiders,” “robots,” or “offline readers,” that access the Vevo Service in a manner that sends more request messages to the Vevo servers in one given period of time than a human being can reasonably send in the same period of time by using a conventional online web browser.
As between you and Vevo, Vevo owns, solely and exclusively, all right, title and interest in and to the Vevo Service and all content contained and/or made available on, through or in connection therewith, and the Vevo Content is protected, without limitation, under U.S. Federal and State laws, as well as applicable foreign laws, rules, regulations and treaties. The term “Vevo Content” includes, without limitation, all video (and the sound recordings and musical compositions embodied therein), artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Vevo Service, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Vevo Service, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Vevo Service). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Vevo Service” includes “Vevo Content” as well.
A. If you are a copyright owner or an agent thereof and believe that any content on the Vevo Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
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 on the Vevo Service are covered by a single notification, a representative list of such works on the Vevo Service;
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 us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
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.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Name of Designated Agent: Alexander Kisch
Address of Designated Agent:
Vevo Copyright Agent
4 Times Square 25th Floor
New York, NY 10036
Facsimile Number of Designated Agent: (212) 331-2298
Email Address of Designated Agent: firstname.lastname@example.org
For clarity, only DMCA notices should be sent to the Designated Agent. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 8, your DMCA notice may not be valid.
B. If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Vevo for use on the Vevo Service, you may send a counter-notice containing the following information to our Designated 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 a mistake or a misidentification of the content; and
Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Designated Agent, Vevo 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 or the 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 Vevo’s sole discretion.
From time to time, you may choose to communicate or interact with, or obtain Third Party Services (as such term is defined herein) of or from, advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Vevo Service or a hyperlinked site, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
Third Party Platforms, Services, and Content.
Vevo Powered By XITE.
The “Vevo – powered by XITE” - branded connected television application (the “Vevo-XITE App”) is made available by Vevo and XITE Networks USA Inc. or its affiliates (“XITE”). As used in this Section, “we”, “our”, and “us” refer to Vevo and XITE, collectively. The following additional terms apply to your access to the Vevo Service on the Vevo-XITE App:
A. Subscription; Billing.
B. Free Trials.
We may offer free trials to the Subscription Service. The duration of the free trial period will be as specified at the time you sign up for the Subscription Service. Eligibility for a free trial is determined by us at our sole discretion. Only one free trial is permitted per household, and we may use certain information (including device ID, payment method information or email address) to verify compliance with this restriction. If we determine that you do not meet the eligibility requirements, we may revoke the free trial and/or otherwise put your account on hold. At the conclusion of the free trial period, your subscription will automatically renew and you will be charged the subscription fee for your next billing cycle, unless you cancel your subscription (as instructed in the “Cancellation” section below) before the end of the free trial period. You can view the end date of your free trial period in your “Account” page (vevo.xite.com/account).
If you sign up for a subscription service offered by us, you must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to the payment method you provided. You may cancel your subscription at any time and you will continue to have access to the Subscription Service until the end of your billing period, at which time your account will automatically close. You may cancel by following the instructions for cancellation on your "Account" page (vevo.xite.com/account).
D. Updates to Payment Method; Customer Service.
You may update the payment method associated with your account via your "Account" page (vevo.xite.com/account). Your payment service providers may also provide us with updated information, which we may use to update the payment information associated with your account. For any billing or other customer service matters relating to your use of the Vevo-XITE App, please contact: email@example.com.
Disclaimer and Limitations of Liability.
THESE SERVICES, AND ALL VEVO CONTENT, PRODUCTS, SERVICES AND OTHER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE VEVO SERVICE, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE VEVO SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE VEVO SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE VEVO SERVICE AND CONTENT ASSOCIATED WITH YOUR USE OF THE VEVO SERVICE.
Governing Law; Miscallaneous.
C. You and Vevo agree that the resolution of any disputes, claims or actions arising hereunder, including, without limitation, in connection with any use of the Vevo Service, shall be conducted in each of your and Vevo’s individual capacities only and not as a class action or other representative action, and you and Vevo expressly waive any right to file a class action or seek relief on a class basis.