Veoda - Terms of Use

1. Services - Veoda welcomes you to the finest meta search engine available on the Internet. As is true for any community, a few rules of the road will help everyone enjoy the maximum benefit from our services. In addition to providing meta search engine capabilities, Veoda provides or will be providing additional services such as Web mail, Instant Message, Video Conference, Job Post, Video Blog, and a Reverse Auction.
2. Agreeing to these Terms of Use
   1. By using Veoda's services you are agreeing to these Terms of Use ("TOS") as they may be updated from time to time without notice. If you do not agree with these Terms of Use, then do not use this service. The modified TOS shall be effective automatically upon being posted and your continued use of our services will be deemed your agreement to the modified TOS.
   2. In addition to its Meta Search Engine Veoda may offer other services which may be governed by separate guidelines or rules. All such rules and guidelines are incorporated by reference into these TOS.
3. Representations by You
   1. As a user of Veoda, you agree that you are of legal age to form a binding contract, or have permission from a parent or guardian to use this service, and that you have read and agree to abide by our TOS.
   2. You agree to: (a) provide true, accurate and complete information about yourself for any registration we require, and (b) to promptly update any changes to such information.
   3. You understand and agree that information on the Internet may be sexually explicit, unedited, uncensored and offensive to you, and that you access such information at your own risk. Veoda does not censor the Internet and has no control over what data is transmitted to you.
4. User Conduct
   1. Veoda's services may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of local, state or federal regulations or laws is prohibited. This includes, but is not limited to, prohibitions on child pornography, restrictions on technology transfer, and material protected by copyright, trademark, trade secret or other intellectual property rights. The downloading, sharing, or uploading of any copyrighted material is strictly prohibited by law and we will comply with any and all federal or state statutes and subpoenas in providing information to law enforcement agencies as required.
   2. Distribution of unsolicited emails, fraudulently addressed emails, and emails containing fraudulent content is against local, state or federal regulations and laws and will result in the termination of your account without notice. Veoda will fine you $100 per each email address to which spam is sent AND $100 for each spamming complaint received about your account.
   3. As a user of Veoda, you agree that you will not access and use Veoda's services in a manner that violates any local, state or federal regulations or laws.
   4. You also agree not to:
      1. use Veoda's services for unlawful, harmful, threatening, abusive, profane, libelous, slanderous, defamatory, obscene, hateful, invasive of another's privacy, racially, ethnically, or otherwise objectionable harassing posts or purposes;
      2. harm minors in any way;
      3. violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
      4. impersonate any person, business or entity in any way;
      5. transmit viruses or other computer code, files or programs that interrupt, damage, destroy or limit the functionality of any computer software or equipment, or otherwise permit the unauthorized use of a computer or computer network;
      6. violate these TOS or any other guideline or policy we post;
      7. interfere with others' use of our services;
      8. use our services in any manner that could damage, disable, overburden, or impair our servers or networks; or
      9. attempt to gain unauthorized access to any services, user accounts, or other information systems or networks through hacking, password mining or any other means.
5. Passwords/Security
   1. You are solely responsible for the security of your computer system(s) and data. Using a firewall and anti-virus software is highly recommended. Veoda shall have no liability whatsoever for any damage suffered by your systems or data. You are solely responsible for any breaches of security affecting servers, routers, workstations or other systems under your control. If your system is involved in an attack on another network or system, we will block you from using our services and an immediate investigation will be launched to determine the cause/source of the attack.
   2. You are responsible for the security and confidentiality of your password, and you will be held responsible for any actions or activity that occurs on your account under your password.
   3. You have no property right in any email address that may be supplied by Veoda. Veoda does not perform any system backups of any e-mail accounts, and shall not be held responsible for the loss of any e-mail data, messages, attachments or information.
6. Veoda is not Responsible for Internet Content - Veoda takes no responsibility for any information of any sort including without limitation text, images, audio and video, software, computer files and links ("Content") posted or made available by third parties and we do not have any responsibility to monitor such Content. We reserve the right to remove or refuse to distribute any Content in our discretion. We also reserve the right to read, access, preserve and disclose any information as we reasonably believe is necessary to: (i) satisfy any legal obligations or government request, (ii) enforce this agreement and investigate compliance with this agreement, (iii) detect, address, prevent, or otherwise respond to fraud, security, or technical issues, (iv) respond to requests for support, and (v) protect the rights, property or safety of Veoda, our users and the public. We will not be responsible or liable for exercising, or failing to exercise our rights under this agreement.
7. Proprietary Rights - You acknowledge that Veoda owns all right title and interest in and to the services that it offers, including but not limited to all of its proprietary software, Content, and all intellectual property rights arising from or related to the services, ("Veoda's Intellectual Property Rights"), and that Veoda's Intellectual Property Rights are protected by U.S. and international intellectual property laws.
8. License to Use
   1. You are granted a personal, non-transferable and non-exclusive limited license to access and use the publicly available components of Veoda's services, subject to these TOS. This license may be revoked at any time with or without cause.
   2. Veoda reserves the right to refuse service to anyone for any legal reason.
   3. Veoda reserves the right to seek all remedies available at law and in equity for violations of these TOS, including the right to block access to or discontinue your Veoda services.
   4. The use of data mining, robots, spiders or similar automated or manual data gathering or extraction methods is prohibited.
   5. You are not allowed to copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any of our source code.
9. Privacy - As a condition of using Veoda's services you agree to the terms of our privacy policy as it may be updated from time to time, which can be found at www.veoda.com/privacy. You agree that Veoda may monitor, edit or disclose your information, including the content of your emails, if required to do so to comply with legal process or government request, or as otherwise provided in the Privacy Policy. Personal information may be stored in the United States or any other country in which we maintain facilities, and by using Veoda's services you consent to the transfer of your personal information to these facilities.
10. Trademarks - Veoda, Veoda mascot(s), and our other graphics, logos, colors, and color combinations, are our trademarks and trade dress, and may not be used in any manner that we think may cause confusion.
11. Disclaimer of Warranties - VEODA'S SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. VEODA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT.
12. Limitation of Liability - UNDER NO CIRCUMSTANCES WILL VEODA, ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE VEODA'S SERVICES, ANY SURREPTITIOUS CODE, VIRUSES OR OTHER HARMFUL OCCURRENCES, ANY THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR SYSTEM(S) AND/OR DATA, OR ANY COMMUNICATION LINE FAILURE WHETHER OR NOT VEODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnity - You agree to defend, indemnify and hold harmless Veoda, its subsidiaries, officers, directors, employees, agents and licensees, from any claim, liability or expense arising from all claims, actions, demands, losses, damages (actual and consequential), expenses, attorneys' fees, judgments, and litigation costs of every kinds and nature arising from or in any way related to your use of Veoda's services.
14. Links - Veoda will provide you with links to third party websites. Some of these sites may contain material that is objectionable, unlawful, or inaccurate. By providing links we are not endorsing any third party site, and you agree that we are not responsible for the Content on any such sites.
15. Third Party Transactions - You acknowledge and agree that any dealings you have with any individual or entity found through our services are between you and that person or individual, and you acknowledge and agree that we are not liable for any loss or claim you may have against such person or individual. Veoda is not responsible for the confidentiality of any information you may provide to merchants or service providers while connected to the Internet.

Notices of Copyright Infringement

Veoda respects the intellectual property rights of others and may, at its discretion, terminate accounts of users who infringe intellectual property rights. If you believe that any material on any of Veoda's websites infringes a copyright that you own or control, or that any link on any of Veoda's websites directs users to another website that contains material that infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent to have the material removed or blocked. Veoda has registered the following agent with the Copyright Office:
Designated Agent to Receive Notices
John H. Thomas, Esq.
John H. Thomas, P.C.
536 Granite Avenue
Richmond, VA 23226
Phone: (804) 344-8130
Fax: (804) 644-3643
Email: jthomas@ip-counsel.net

Notification Procedure

Written notification of allegedly infringing work must be sent to Veoda's agent at the above address. The notice must include ALL of the following:

1. A physical or digital signature of the owner of an exclusive copyright right or the owner's authorized agent;
2. A description of the works claimed to be infringed;
3. A description of the allegedly infringing works, sufficient to enable the agent to find them;
4. Sufficient information to enable the agent to contact the complainer;
5. A statement that the complainer believes in good faith that the use of the material is not authorized by the owner, the owner's agent or the law; and
6. A statement that the information in the notice is accurate and, under penalty of perjury, that the complainer is authorized to act on behalf of the owner of one or more exclusive copyright rights.
7. International Use - You agree to comply with all local rules regarding online conduct and Content, including without limitation any restrictions on technology distribution and pornography.
8. No Duty to Monitor - You agree that we are not responsible or liable for the Content provided by others. We have no duty to monitor or screen such Content, but we reserve the right to remove or refuse to post or otherwise block Content that violates these TOS.
9. No Other Agreements - This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all other oral or written understandings.
10. Choice of Law and Forum - You and Veoda agree that the laws of the Commonwealth of Virginia, not including its choice of law provisions, will apply to all matters relating to these TOS and to Veoda. Any claims, legal proceedings or litigation arising from or related to our services will be brought solely in either the federal courts for the Eastern District of Virginia located in Richmond, Virginia, or in the General District or Circuit Courts of Henrico County, Virginia.
11. Non-transferable - The right to use Veoda's services is not transferable.
12. Statute of Limitations - You agree that any claim or cause of action arising out of or related to the use of Veoda's services must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
13. Waiver/Severability - Our failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. The provisions of this Agreement are severable. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions will not be affected or impaired.