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Terms of Use

Last Updated: November 18, 2021

Welcome to Vevo! These Terms of Use govern the use of Vevo’s website and applications, including any mobile or connected television applications made available by Vevo.  In order for us to present our videos for you all to see and to keep the music evolution revolution in full swing, it’s important that we incorporate certain legal guidelines and ground rules to make sure everyone’s rights are respected and that we’re doing what we can to foster an environment that protects content owners’ rights and your personal privacy.

1.

Introduction.

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”).

Please read this Terms of Use Agreement (“Terms of Use”) carefully, as it forms a legally binding contract between you and Vevo as it applies to your use of Vevo’s connected television applications (for Smart TVs, IPTVs, Set-Top-Boxes and other OTT internet-connected devices) and/or the Vevo owned and controlled websites (including vevo.com and tv.vevo.com) and/or mobile applications (collectively, the “Vevo Service”). These Terms of Use apply regardless of whether you are accessing the Vevo Service as a registered user, television service subscriber or otherwise. These Terms of Use do not cover other services, websites or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated. Instead, those third parties’ terms and conditions would apply to such services.

These Terms of Use apply to all users of the Vevo Service (“User”, “you” or “your”), and by using the Vevo Service you expressly understand, acknowledge and agree to comply with these Terms of Use. The Vevo Service privacy policy (“Privacy Policy”) is hereby incorporated into these Terms of Use by reference as though fully set forth herein.

These Terms of Use were last modified on the date indicated above and are effective immediately.

Copyright © 2020 Vevo LLC

2.

Services.

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.

3.

Eligibility.

The Vevo Service is not intended for or directed at children under 13 years of age (if you are located in the United States) or 16 years of age (if you are located outside of the United States). By using the Vevo Service, you represent, warrant and covenant that (a) you are 16 years of age or older and reside in one of the following countries (collectively, the “Territory”): the United States of America, Canada, Brazil, Mexico, Australia, New Zealand, the United Kingdom, France, Italy, Spain, Germany or any other country in which Vevo makes the Vevo Service available to end users, (b) your use of the Vevo Service does not violate (i) any applicable law, rule or regulation or (ii) any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (as defined below), and (c) you are not included on any list of prohibited or restricted parties issued by the government of any country within the Territory. Certain features of the Vevo Service may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user between the ages of 13 and 18, please review these Terms of Use with your parent or guardian. Your parent or guardian should agree to these Terms of Use on your behalf and parental discretion is advised for all users under the age of 18. Further, if you provide information that is untrue, inaccurate, not current or incomplete, or Vevo suspects that such information is untrue, inaccurate, not current or incomplete, Vevo has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Vevo Service (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

4.

Modifications.

We may modify these Terms of Use from time to time, and at any time, without notice to you, for any reason, in our sole discretion. If we make material changes to these Terms of Use, we will notify you by posting or displaying a notice on the Vevo Service and/or via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the Vevo Service, these changes become effective immediately and if you use the Vevo Service after they become effective, it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you.

5.

Term.

These Terms of Use, and any posted revision or modification thereto, shall remain in full force and effect while you use the Vevo Service. You may terminate your use of the Vevo Service at any time, for any reason, and Vevo may terminate your use of the Vevo Service at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after your use is terminated, your obligations under these Terms of Use and the Privacy Policy, including, without limitation, any indemnifications, warranties and limitations of liability contained therein, shall remain in effect.

6.

User Conduct.

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.

Vevo may terminate a User’s account and/or otherwise prevent or prohibit a User from accessing the Vevo Service if Vevo determines, in its sole discretion, that such User has violated these Terms of Use. Vevo reserves the right to investigate and take appropriate legal action against anyone who, in Vevo’s sole discretion, violates, or is suspected of violating, this Section 6, including, without limitation, reporting you to law enforcement authorities. Further, if applicable, you acknowledge, consent and agree that Vevo may access, preserve and disclose your account, registration and/or other information (in addition to as otherwise provided herein) if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Vevo, its Users or any third parties.

7.

Propriety Rights.

A. Ownership.

 

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.
 

B. Restrictions.

 

Except as expressly set forth herein, the Vevo Service is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Vevo Service, including, without limitation, notices on any Vevo Content you transmit, display, print, stream or reproduce from the Vevo Service. Except as provided in these Terms of Use or expressly authorized by Vevo, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use any Vevo Content without the express, prior written consent of Vevo or its owner if Vevo is not the owner. Any unauthorized or prohibited use of any Vevo Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Vevo Service contains elements that infringe your copyrights in your work, please follow the procedures set forth in Section 8 below. Moreover, the framing or scraping of or in-line linking to the Vevo Service or any content contained thereon and/or the use of “web crawlers”, “spiders” or other automated means to access, copy, index, process and/or store any content made available on or through the Vevo Service other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Vevo Service.

8.

Copyright Infringement.

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
Vevo LLC
4 Times Square 25th Floor
New York, NY 10036

Facsimile Number of Designated Agent: (212) 331-2298

Email Address of Designated Agent: copyright@vevo.com

 

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.

9.

Personal Information.

We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Vevo Service, you may be asked to provide certain personal information to us or we may obtain such information from certain third parties, including, Third Party Platforms. Our information collection and use policies with respect to the privacy of such personal information are set forth in the Privacy Policy, which is incorporated herein by reference for all purposes. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of personal information.

10.

Advertisements.

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).

11.

Third Party Platforms, Services, and Content.

The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Vevo Service or any other form of link or re-direction of your connection to, with or through the Vevo Service, or (b) any third party websites, content, data, information, applications, platforms, goods, services or materials, including Third Party Platforms (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Vevo or its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers, partners or service providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), regardless of whether the Vevo Service’s or Vevo’s logos, marks, names and/or sponsorship or other identification is on the Third Party Services. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability in connection for any use, collection or disclosure by or in connection with such Third Party Services. Accordingly, we encourage you to be aware when you leave the Vevo Service and to read the terms and conditions and privacy policy of each Third Party Service you use.

12.

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. 

 

The Vevo-XITE App may make certain content, features and functionalities available to users on a subscription basis (the “Subscription Service”). To the extent such Subscription Service is provided, in order to access this Subscription Service, you will be required to create a user account (you may also have the ability to log-in with your user credentials on certain Third Party Platforms) and provide a current, valid, accepted method of payment, as may be updated from time to time. Such payment method will be charged the applicable subscription fee for each billing period on the specific billing date indicated on your "Account" page (vevo.xite.com/account), unless and until you cancel your subscription in accordance with the “Cancellation” section below. You remain responsible for any uncollected amounts. If payment is not received by us from your authorized payment method (due to expiration, insufficient funds or otherwise), you agree to promptly pay all amounts due upon demand by us, and we may suspend your access to the Subscription Service until we have successfully charged a valid payment method. We may change the fee charged for access to the Subscription Service at any time upon 30 days’ prior notice. Please note that payments are nonrefundable and we will not issue a refund or credit for partially used billing periods. By signing up for an account (at vevo.xite.com/account) for the Vevo-XITE App, you are granting a license to us (as further detailed in our privacy policy) to use, process, and share with our service providers and relevant billing vendors your account information in order to provide the Vevo-XITE App and/or Vevo Service.
 

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).
 

C. Cancellation. 

 

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: hello@xite.com.

13.

Assignment.

These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Vevo without restriction and without notice to you.

14.

Indemnity.

You agree to defend, indemnify and hold the Vevo Parties (as defined below) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Vevo Service , or (b) your breach or violation these Terms of Use. Vevo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

15.

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.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VEVO, ITS PARENT COMPANIES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS (COLLECTIVELY, THE “VEVO PARTIES”) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VEVO SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE VEVO PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE VEVO SERVICE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND/OR YOUR USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE VEVO SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), WHETHER OR NOT THE VEVO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT THE CAPACITY OF THE VEVO SERVICE, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT VEVO ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE VEVO SERVICE FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IF, IN A RELEVANT JURISDICTION, THE LIMITATIONS AND EXCLUSIONS ON LIABILITY CONTAINED HEREIN ARE NOT PERMITTED, THEN THE VEVO PARTIES’ LIABILITY SHALL BE LIMITED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

16.

Governing Law; Miscallaneous.

A. These Terms of Use, together with our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and Vevo concerning the Vevo Service and your use thereof, and supersede any and all prior or inconsistent understandings relating to the Vevo Service and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Vevo Service, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). Any failure by us to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.
 

B. These Terms of Use and your use of the Vevo Service is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the state’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS OF USE, YOUR USE OF THE VEVO SERVICE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
 

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.