- https://on-demand.veteos.com and/or https://veteos.com (“Website”),
- Content provided to you by us on the Website(s) or in the Services, including any videos, thumbnails, sizzle reels, outtakes, text, title or end cards, voice and likenesses of video and photo subjects, video or materials titles, descriptions, tip sheets or articles, fonts, photos, script, transcriptions, translations, graphics, voiceovers, code, animations, written content, audio or music (each “Materials”), and
- Functionality, calendars, schedulers, resources, embedding code, tools, editing services, intake and wellness surveys, branding services or tools, and other services offered by us on or through the Website (each “Services”).
- Website, Materials, and Services shall be individually and collectively be referred to as “Licensed Products”
By using the Licensed Products, you represent and warrant that: you are a business user and intend to use the Licensed Products only in connection with your veterinary practice and in accordance with this license.
Your license is applicable only to licensed locations. If you have email lists, websites, social media or other outlets that provide support to more than one physical practice location, each associated location must purchase a user license. Please contact us for more information.
Payment and TerminationYou agree to pay Veteos for the Licensed Products at the rate set forth during the signup process, per practice location, payable on your renewal date each month, to cover Licensed Products usage for the following full month. Your renewal date each month is determined by the day of the month when you originally subscribed. If you subscribed on the 29th, 30th, or 31st day of the month, your renewal date will be the last calendar day of the month. Renewal rates will be based on the price of the product at the time of renewal. By signing this agreement, you specifically agree to and give Veteos permission and authorization to charge your credit card on record each month for such Licensed Products. It is your responsibility to keep your credit card information up to date and failure to do so may result in interruption of services and potential loss of access to saved data. You agree not to contest charges or request paybacks on automatic payments directed by Veteos.
In the event that you contest or request and receive credits or chargebacks for periods during which Veteos provided you even partial services or access to Licensed Products, Veteos shall be entitled to payment for the full subscription period for which partial services and Licensed Products were provided. You agree to pay Veteos interest on such amounts due at a rate of 1.5% per month, compounded monthly. In addition, if Veteos chooses to institute collection efforts, including litigation or hiring an attorney or collection agency, to obtain such amounts due, you agree to pay to Veteos all costs of collection incurred by Veteos, including reasonable attorneys fees, costs and expert witness fees.
You may terminate your subscription and this agreement at any time by providing us with at least 5 business days prior written notice, sent to this address:
Your subscription will end on the last date of the current subscription month. For example, if you send us notice on May 13, and your renewal date is May 24, your last subscription date will be May 23 and you will not be charged for the subscription period starting May 24. You may not reuse or repurpose any previously used or accessed Licensed Products after your termination of this agreement. Such Licensed Products may remain in use, but may not be reused, rescheduled, reposted, or edited in any way.
Veteos uses reasonable efforts to maintain and store your content and activities related to your user account, however, this is not guaranteed. Veteos is under no duty to archive, maintain records of or otherwise protect your content, including Personalized Content or User Contributions. You specifically waive rights to and release Vetoes from liability for any failure to maintain, store, or archive any of your Licensed Products, Personalized Content, profile information and data, Interactive Services or User Contributions.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We will not be held responsible for any losses, damages, or claims related to or arising because of your disclosure of this confidential information. You also acknowledge that your account is personal to your practice and physical location, you and your Authorized Users only and You agree not to provide any other person with access to the Licensed Products or portions of it in any way. You agree to notify us immediately of any unauthorized access to or use of your account, user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. If you are using a public or shared computer, your account log-in information may be stored in the browser history and it is Your responsibility to remove it. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
Our PropertyAll intellectual property rights related to contents, features, and functionality of the Licensed Products provided by us (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), shall be retained by Us. No transfer or assignment of copyright, patent, trademark, trade secrets or other intellectual property shall occur from Us to You. You are only being granted the right to limited use of the Licensed Products, as set forth in the license, below. To the extent that any content provided by you for inclusion in the Materials or Services or copyrightable works provided to you under this agreement create copyright interests owned by You, You agree to waive, assign and transfer all Your such interests in the resulting works to Us (whether Your interest arises through joint authorship, creation of collective or derivative works, as an employer or otherwise). Nothing in this agreement will transfer to us the copyright in underlying works provided to Us by You for inclusion in Materials or Services (such as logos, content, photos, or the like).
LicenseFor all periods for which you have provided payment and are not in breach of this agreement, and only in relation to those practice locations for which you have purchased a license, You are granted a revocable, world-wide, non-exclusive, non-transferable license, without the right to sublicense, to use the Licensed Products to create promotional, marketing, and educational material for promotion of your veterinarian practice and education by You of your clients and your prospective clients, as follows:
- Your computer may temporarily store copies of Materials in memory incidental to your accessing and viewing those Materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may create collective works of the Materials, such as playlists
- You may embed codes or links to Materials directly to your website or social media
- You may email Materials or otherwise create electronic communications linking to the Materials
- You may utilize Services to custom create lists, campaigns, and other directed marketing campaigns
- You may reuse and repurpose Materials and Services only during the period that this agreement remains in existence
- Modify any Materials, or copies of Materials
- Rebroadcast any Materials over terrestrial or satellite radio
- Rebroadcast any Materials via broadcast television or subscription or streaming content or education providers such as NBC, Hulu, Netflix, or Patreon
- Rebroadcast any Materials via digital billboard, in theaters, in a film or theatre production
- Rebroadcast any materials on a medium for which viewers are charged to view videos
- Reverse engineer any Services
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials
- State or imply that We endorse your veterinarian services or practice
- Provide any other person with access to any part of the Licensed Products
- Any other use not specifically listed as a permitted use
License to UsYou grant Us a non-exclusive license to use the following for the purpose of advertising and marketing any of Veteos services and for the purpose of storing and providing Licensed Products to You:
- Your logo, name, product and service names, and slogans
- Materials or portions of Materials or containing intellectual property provided to us by you, including trademarks, service marks, likenesses and voices of photo, audio and video subjects, photos, scripts, or other copyrightable content
TrademarksThe Veteos/Veteos On-Demand name, Veteos/Veteos On-Demand logo, and all related names, logos, product and service names, designs, trade dress, set designs, looks and feels, and slogans (“Trademarks”) are trademarks of Veteos or its affiliates or licensors. You may not use such marks without the prior written permission of Veteos, except to the extent that they appear in Materials or Services. All other names, logos, product and service names, designs, and slogans on and within the Licensed Products are the trademarks of their respective owners. You may not alter, or remove any trademarks contained in the Licensed Products.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), including copyright, trademark, publicity, privacy, and trade secret rights of third parties
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise
- For the purpose of exploiting, harming, or attempting to exploit or harm, or encouraging or facilitating the exploitation or harm of animals in any way
- To transmit, encourage, or facilitate the sending of any unsolicited or nonsubscribed (without prior written consent) advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation that is in violation of CAN-SPAM, CASL, or GDPR laws.
- To impersonate or attempt to impersonate Veteos, a Veteos employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)
- To use or reverse engineer any of the Licensed Materials to create or assist in the creation of competing services to Veteos
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Licensed Products, or which, as determined by us, may harm Veteos or users of the Licensed Products or expose them to liability
- Use the Licensed Products in any manner that could disable, overburden, damage, impair the site, or interfere with any other party’s use of the Licensed Products, including their ability to engage in real-time activities through the Licensed Products
- Use any robot, spider, other automatic device, process, or means to access the Licensed Products for any purpose, including monitoring or copying any of the material on or within the Licensed Products
- Use any manual process to monitor or copy any of the material provided by us on or within the Licensed Products for any unauthorized purpose without our prior written consent
- Use any device, software, or routine that interferes with the proper working of the Licensed Products
- Introduce any viruses, back door, time bomb, drop dead device, preventative routines, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Licensed Products, the server hosting the Licensed Products, or any server, computer, or database connected to the Licensed Products
- Attack the Licensed Products via a denial-of-service attack or a distributed denial-of-service attack
- Otherwise attempt to interfere with the proper working of the Licensed Products
REPRESENTATIONS AND WARRANTIESYou represent and warrant that:
- You own, control, hold, and retain all rights and licenses in and to Your Personalized Content and User Contributions, including as applicable the copyrights, trademarks, rights of privacy and publicity, trade secrets, and any other intellectual and proprietary rights to Your Personalized Content and User Contributions, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. It is your responsibility to understand the licenses you have obtained to use models likenesses, music, photos, or other copyrightable materials.
- You own or operate, or an authorized representative of, a veterinary practice
- You are authorized to enter into this agreement and sign on behalf of your entity
- Any Personalized Content and User Contributions You provide or create do not and will not:
- Infringe upon the intellectual property rights, including copyright, trademark, trade secrets, rights of publicity or rights of privacy of third parties
- Be likely to deceive any person
- Contain any statements of a defamatory, inflammatory, abusive, offensive, harassing, hateful or disparaging in nature
- Contain or promote sexually explicit or pornographic material, obscenity or
- Contain or promote violence toward animals or persons, or contain gory images or messages
- Contain or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or expression, or age
- Promote any illegal activity, or advocate, promote, or assist any unlawful act
- Contain materials that or serve to Impersonate any person, or misrepresent your identity or affiliation with any person or organization
- Contain or promote content that is otherwise objectionable or that goes against the community standards for communities in which they are published.
- At times it may be necessary for Veteos to update your Personalized Content due to errors or concerns regarding content. In this situation, we will contact you of the update, and you are responsible for removing or replacing the affected content within 30 days of being notified.
NO SPECIALIZED ADVICEYou acknowledge and agree that Veteos is not a veterinarian, animal, or medical specialist and that we only act as a passive conduit for the distribution of Your Personalized Content, User Contributions, Interactive Services, and Licensed Products. We are not responsible or liable to you, your clients or to any third party for the content or accuracy of, misinformation, malpractice, or harmful practices communicated in Your Personalized Content, Interactive Services, or Licensed Products, including content provided by us. You will remain responsible for reviewing all content before publication. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions, and other information expressed or included in Your Personalized Content, Interactive Services, or Licensed Products do not necessarily represent those of Veteos.
Any use by you of Your Personalized Content, Interactive Services, and Licensed Products is entirely at your own risk.
Take down Notices and Procedure for DMCA Claims of Copyright InfringementPursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. In accordance with the Digital Millennium Copyright Act (DMCA), Veteos has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below with the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website
- 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 Veteos to locate the material
- Information reasonably sufficient to permit Veteos to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- A statement that the complaining party has 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, including that the use is not permissible under fair use doctrine
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Mail may be sent to:
3327 Brighton, Blvd #200
Denver, CO 80216
Disclaimer of Warranties and Limitation of DamagesYou understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing adequate and appropriate procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
You agree to the following and waive all warranties as follows:
WE WILL NOT BE LIABLE FOR AND YOU WAIVE ANY WARRANTIES PROTECTING AGAINST ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE INTERACTIVE SERVICES OR LICENSED PRODUCTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR INTERACTIVE SERVICES, OR OTHERWISE AVAILABLE THROUGH THE INTERACTIVE SERVICES OR LICENSED PRODUCTS.
YOUR USE OF THE INTERACTIVE SERVICES AND LICENSED PRODUCTS IS AT YOUR OWN RISK. ALL ASPECTS OF THE INTERACTIVE SERVICES AND LICENSED PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING AS TO THE ACCURACY OR RELIABILITY OF MEDICAL ADVICE CONTAINED THEREIN. NEITHER VETEOS NOR ANY PERSON ASSOCIATED WITH VETEOS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, MEDICAL SOUNDNESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY ASPECT OF THE INTERACTIVE SERVICES OR LICENSED PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER VETEOS NOR ANYONE ASSOCIATED WITH VETEOS REPRESENTS OR WARRANTS THAT ANY ASPECT OF THE INTERACTIVE SERVICES OR LICENSED PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY ASPECT OF THE INTERACTIVE SERVICES OR LICENSED PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VETEOS HEREBY DISCLAIMS AND YOU WAIVE ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, EVEN IF SPECIFICALLY ADVISED OF THE SAME. THIS WAIVER INCLUDES WARRANTIES RELATED TO POSTING CORRECT LICENSED PRODUCT BY VETEOS TO THIRD PARTY PLATFORMS SUCH AS YOUTUBE.
LIMITATION ON LIABILITY. IN NO EVENT WILL VETEOS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, RELIANCE UPON, OR INABILITY TO USE, INCORRECT APPLICATION OF, OR ANY ASPECT OF THE INTERACTIVE SERVICES OR LICENSED PRODUCTS, OR ANY ASPECT OF A THIRD-PARTY SERVICE OR MATERIALS LINKED TO THE INTERACTIVE SERVICES OR LICENSED PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION OF DAMAGES SHALL APPLY TO YOU OR YOUR USERS’ RELIANCE ON MEDICAL OR VETERINARY ADVICE CONTAINED WITHIN ANY OF THE LICENSED PRODUCTS OR INTERACTIVE SERVICES.
YOUR SOLE REMEDY FOR DAMAGES IS TO TERMINATE THIS AGREEMENT AND YOUR SUBSCRIPTION.
THE SERVICES AND PRODUCTS PROVIDED HEREUNDER ARE INHERENTLY SUBJECT TO UNWELCOME AND UNAUTHORIZED ACCESS (“HACKING”) OR POSTS BY THIRD PARTIES OR YOUR AGENTS. WHILE VETEOS DOES NOT CONSENT TO HACKING OR DIGITAL SPYING, HACKERS USE EVOLVING TECHNIQUES AND VETEOS WILL NOT BE LIABLE FOR BREACHES. YOU RELEASE VETEOS FROM ANY DAMAGES OR CLAIMS RESULTING FROM OR RELATED TO YOUR AGENTS’ OR THIRD PARTIES’ UNAUTHORIZED ACCESS TO OR UNAUTHORIZED SCOPE OF USE OF THE LICENSED PRODUCTS AND INTERACTIVE SERVICES, WHETHER DAMAGE IS TO YOU, THE VALUE OF YOUR BRAND OR PRACTICE, OR INJURY, INCLUDING EMOTIONAL DISTRESS, TO YOUR CUSTOMERS OR THIRD PARTIES.
Governing Law and JurisdictionThis Agreement shall be deemed executed in Denver, Colorado and all issues arising under or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of law principles. Any suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated herein and brought by You or Us shall only be brought in the Colorado state courts located in the City and County of Denver, or, if it has or can acquire jurisdiction, the United States District Court for the District of Colorado. Each Party agrees and submits to the exclusive jurisdiction of these courts, and irrevocably waives, to the fullest extent permitted by law, any objection that such Party may now or hereafter have to the laying of venue of any such suit, action, or proceeding brought in any such court and any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
SurvivalThe provisions of Sections regarding Payment and Termination, Intellectual Property Rights, Representations and Warranties, Trademarks, Prohibited Uses, Your Personalized Content, User Contributions, No Specialized Advice, Disclaimers of Warranties and Limitation of Damages, Indemnification, Governing Law, Survival, Waiver and Severability, Entire Agreement, and Right to Review shall survive the expiration or termination of this Agreement. All other provisions of this Agreement, including any exhibits, schedules and Proposals hereto which by their terms or import are intended to survive such expiration or termination, shall survive. No person or entity other than the Parties and those claiming interest as an heir, personal representative, successor entity or other successor to the parties hereto shall have the right to rely on the representations and warranties contained herein.
Right to ReviewYou acknowledge that You have had an opportunity to have this Agreement reviewed and revised by counsel of Your choosing. This Agreement has been jointly prepared by the Parties and their respective counsel, and the provisions of the Agreement will not be construed more strictly against one Party than another as a result of its participation in such preparation. Each Party shall bear the cost of its attorneys, accountants and other advisors retained in connection with the negotiation and execution of this Agreement.
Your Comments and ConcernsThe Website and Services are operated by Veteos Inc., 3327 Brighton Blvd. #200, Denver, CO 80216. All other feedback, comments, requests for technical support and other communications relating to the Website and Services should be directed to: [email protected].