Last Updated: August 25, 2017
These Terms of Service (“TOS”) govern Your access and use of the Veritone Platform, software and services (collectively, the “Services”) made available by Veritone through this website (the “Site”). When You create an account with us and make use of the Services in their present form, or as they may be modified from time to time, You are agreeing to these TOS, which create a legally binding agreement between You and Veritone, Inc.
As used in these TOS, the terms “You” and “Your” will collectively mean You individually, as well as any entity, such as Your employer, authorizing You to access this Site and use the Services.
Unless otherwise stated, these TOS shall apply to all Services provided by Veritone through this Site. In addition, from time to time, we may offer other services, which may be subject to additional terms. In such event, You will be notified of any such additional terms prior to Your election to make use of those other services.
If You do not agree to any provision of these TOS as currently posted, or as may be amended from time to time by Veritone in its sole discretion, then You agree to immediately notify Veritone, and cease accessing this Site and using the Services.
2. REGISTRATION; ACCOUNT SECURITY
Intended User. Veritone is intended for use by people who are 18 years of age or older. Persons under the age of 18 are prohibited from creating an account with Veritone. You affirm that at the time You create an account with Veritone, that You are at least 18 years of age. In addition, You affirm that you have not been previously suspended or removed from the Services and do not have more than one Veritone account. Veritone reserves the right to refuse registration, or refuse or limit access to the Services to any person or entity, in our sole discretion. We may, without notice and in our sole discretion, terminate Your right to use the Services, or any portion of thereof, and block or prevent Your future access to and use of the Services, or any portion thereof.
Account Registration. Account registration is required to use the Services. You represent and warrant that You will provide accurate, current and complete information (including information about You and any other authorized users) in any registration or other account-related forms on the Site (the “Registration Information”) and agree to maintain the security of Your username and password. You will maintain and promptly update Your Registration Information to keep it accurate, current and complete.
Account Security. The confidentiality of Your username and password for Your account with Veritone is Your responsibility and You are solely responsible to Veritone for activities in Your account. You agree that You will not share Your log-in credentials (including Your password) with others, or do anything that might jeopardize the security of Your account. You also agree to notify Veritone immediately of any unauthorized or improper use of Your password and/or Your account.
Personally Identifiable Information. All personally identifiable information that You provide with Your Registration Information shall remain confidential and shall not be disclosed by Veritone for any purpose, other than pursuant to a court order issued by a court having the proper jurisdiction to compel any such disclosure.
Electronic Communication. When You register and use the Services, or send e-mails to us, You are communicating with us electronically and You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this Site or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
3. LICENSE TO ACCESS AND USE THE VERITONE PLATFORM
Grant of License. Subject to the terms of this TOS: (i) Veritone hereby grants You a non-exclusive, non-transferable, revocable, worldwide license (without the right to grant sublicenses) to access through a browser interface via an assigned username and password and use the Services, for lawful purposes, solely for Your internal, personal use in the normal course of Your business.
You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make the Services, in whole or in part, including any content or data derived therefrom that is not directly owned by You or for which You have all necessary rights, available to any third party; (ii) attempt to access the source code of the Services, (iii) modify or make derivative works based upon the Services; (iv) reverse engineer or reverse compile any part of the Services; (v) access the Services in order to design, develop, build, market or support a competitive product or service; (vi) design, develop, build, market or support a product using similar ideas, features, functions or graphics of the Services; (vii) incorporate any portion of the Services into Your own programs or compile any portion of it in combination with Your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, or distribute the Services, in whole or in part.
Subject to the rights granted to You above, Veritone and its licensors and suppliers own and retain all right, title, and interest in and to the following (collectively, “Veritone Property”): (a) the Services, this Site, and all other software, hardware, technology, documentation, and information provided by Veritone in connection with the Services; (b) all ideas, know-how, and techniques that may be developed, conceived, or invented by Veritone during its performance under these TOS; and (c) all worldwide patent, copyright, trade secret, trademark and other intellectual property rights in and to the Services.
Third Party Elements. The Services incorporate, access or utilize certain software and technology not written or developed by Veritone, but instead is provided by third parties under license or otherwise (“Third Party Elements”). You acknowledge that You shall comply with any terms and conditions associated with such Third Party Elements and that Veritone shall have no liability or responsibility for the operation or performance of any such Third Party Elements and Veritone shall not be liable for any damages, costs or expenses, direct or indirect, arising out of the performance or failure of any such Third Party Elements to perform as intended.
4. YOUR CONTENT
License to Your Content. You hereby grant Veritone a non-exclusive, royalty-free, sub-licensable, transferable, worldwide license (i) to use and display any information, commentary, creative works, images, text and other materials that You provide to us or that are otherwise uploaded to, or captured by the Veritone Platform (collectively, “Content”) while You use the Services and to share such Content to Veritone’s third party service providers in connection with Veritone’s provision of the Services to You; provided that Your Content shall not be made public unless You have specified Your Content to be made public or You have publicly shared Your Content, and (ii) to create aggregated or redacted forms of Content that do not identify You or any users of Your account (“Aggregated Content”) for Veritone’s business purposes in order to provide to You with the Services and enhancement thereof.
Content Ownership. Veritone does not obtain any rights under these TOS from You or Your licensors to any of Your Content. You represent and warrant to Veritone that: (a) You or Your licensors own all right, title, and interest in and to Your Content, and (b) You have all rights in Your Content necessary to grant the rights contemplated by these TOS. We may disclose Your Content to provide the Services to You (provided that Your Content shall not be made public unless You have specified Your Content to be made public or You have publicly shared Your Content), or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
Content Management. Some areas of the Services allow You to share Your Content with others. Even though You retain all ownership rights in Your Content, there are many things that a user or recipient of Your Content can do with Your Content if you share such Content. For example, a recipient of Your Content may copy it, modify it, re-share it, or broadcast it. You agree that Veritone has no responsibility for that activity. In addition, You acknowledge and agree that publishing Your Content through the Services is no substitute for registering Your Content with the U.S. Copyright Office, or any other rights organization. Please consider carefully what Content You choose to share and with whom.
Reviews, Comments and Communications. The Services may allow You to post reviews, comments and other communications (collectively, “Comments”) regarding content posted, uploaded or otherwise made available through the Services. So long as any such Comments are not illegal, objectionable, defamatory, obscene, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to others, You may post Comments to content. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments. Veritone reserves the right (but not the obligation) to remove or edit such content, but does not regularly review all posted Content.
5. PURCHASE OF ADDITIONAL SERVICES
Additional Services. From time to time, You may wish to purchase additional services that Veritone makes available in conjunction with Your use of the Services (“Additional Services”). You may access such Additional Services by clicking on the appropriate links or buttons displayed on this Site identifying such Additional Services. Fees for Additional Services will be displayed before You initiate a purchase. Sales or other taxes may be applicable and You agree to pay all such taxes in addition to the fees assessed for the Additional Services You are purchasing.
Payment. If applicable, all payments for Additional Services will either be made by credit card, which shall be processed through Veritone’s credit card processor, or through other approved electronic payment means, such as PayPal®, Apple Pay® or Google Wallet®. You agree to use a valid payment method accepted by Veritone for purchasing any Additional Services. Your purchase of any Additional Services will not be complete, and the Additional Services will not be made available to You, until Veritone has received confirmation of payment.
6. TERM AND TERMINATION
The term of Your authorization to access and use the Services shall be (i) if such access is only to any publicly available Services that are free of charge, for an indefinite period of time, but may be terminated by Veritone at any time without any penalty; or (ii) if such access is to non-publicly available Services that are subject to a separate license agreement, for such term as specified in such separate license agreement and subject to the termination provisions thereof.
Termination upon Notice. Veritone may terminate Your rights to access and use the Services at any time, in its sole discretion, upon providing You with thirty (30) days advance notice. Any such notice shall be delivered to the email address that You provided with Your Registration Information.
Termination upon Breach. If You breach any provision of these TOS, including, but not limited to, providing false Registration Information, breach any provision of the license granted to You by Veritone by these TOS, engage in any unauthorized use of the Services, or engage in any prohibited act as identified in these TOS, Veritone may, in its sole discretion, terminate Your rights to access and use the Services immediately, without additional notice to You unless otherwise agreed to in writing between You and Veritone. Veritone’s termination of Your rights to access and use the Services for any such breach is not an exclusive remedy and Veritone reserves all other rights at law and in equity it may have against You for any such breach.
7. PERMITTED USE OF THE SERVICES
The Services are the property of Veritone, Inc. and Your access to the Services is solely with our permission. Any unauthorized access or use will, among other things, be deemed a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of the Services, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies, as we deem reasonably necessary.
You expressly agree that You will only use the Services for lawful purposes.
8. PROHIBITED USE OF THE SERVICES
You are prohibited from doing any act that has the effect of undermining the integrity of our reputation, our computer systems and network infrastructure, this Site, our Services and the method by which we provide our Services to our users. As a material term of these TOS, You expressly agree that You shall NOT do any of the following:
Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to access, view, select, or copy in whole or in part, any content, program, functionality of the Services, or any other proprietary information or trade secret of Veritone’s that is made available through the Services.
Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to Your access and use of the Services for any purpose;
Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on the Services, it’s hardware and connections, or prohibits, denies or delays access to the Services by other users or otherwise threatens the continuous services of our ISP’s, suppliers and vendors;
Introduce any program, executable file or routine (such as a worm, Trojan horse, cancel-bot, time bomb or virus) irrespective of whether any such program or routine results in detrimental harm to our system or our data;
Establish any direct or deep link or other connection to any specific page or location of the Services other than the Veritone log-in page;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content or functionality filtering methods we employ, or otherwise attempt to access certain aspects of the Services that You are not authorized to access;
Post or transmit through the Services any material, including Content or data derived from the Services, which: (i) violates or infringes in any way upon the rights of others, including intellectual property rights; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) creates or attempts to create any liability of Veritone;
Any other conduct by You that in our sole discretion restricts, inhibits, or interferes with any other user from accessing and using the Services is expressly prohibited.
9. DATA COLLECTION
You agree to allow Veritone to collect certain non-personal information about Your use of the Services, and about Your computer, browser, or other devices or programs You are using to access and use the Services (the “Usage Data”). You agree that Veritone may collect, analyze, and aggregate such Usage Data for its internal business purposes and share such Usage Data with Veritone’s partners, affiliates and third party service providers in connection with our provision of the Services.
In addition to the foregoing, if You operate or otherwise manage a YouTube channel and wish to use the Services in connection with such YouTube channel, You will be required to be logged in to your YouTube account. If You use the YouTube data API to obtain applicable analytic information, when You first log into Your Veritone account, You will be prompted through the YouTube OAuth protocol to grant Veritone access to such analytic data. By granting such authorization, You agree that Veritone may access, integrate and use such YouTube analytic data generated by Your YouTube channel, in whole or in part, into the Veritone Platform on an aggregated basis.
10. VERITONE’S TRADEMARKS AND SERVICE MARKS
The trademarks, logos, and service marks (collectively the “Veritone Trademarks”) displayed on this Site and within the Services including, but not limited to: The Veritone Platform™, Cognitive Media Platform™, The Veritone Marketplace™, The Spoken Word Platform™, Veritone Analytics™, MicroMentions™ and Hear the World™ are the registered and/or unregistered marks of Veritone, or are otherwise used in accordance with applicable law. Nothing contained within the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Veritone Trademarks displayed within the Services without Veritone’s written permission. Your unauthorized use of the Veritone Trademarks displayed in the Services is strictly prohibited.
11. THIRD PARTY TRADEMARKS
Veritone may also display trademarks on the Site and in the Services that are registered to, or are otherwise owned by third parties (“Third Party Marks”) and Veritone displays such Third Party Marks with the consent of their respective owners. All right, title and interest in and to Third Party Marks belong to their respective owners and neither Veritone nor You acquire any rights to such Third Party Marks.
12. YOUR TRADEMARKS AND SERVICE MARKS
As between You and Veritone, You or Your licensors own all right, title, and interest in and to Your trademarks, logos, and service marks (collectively, “Your Trademarks”). Nothing contained on this Site or within the Services grants any license to Veritone, by direct grant, implication, estoppel or otherwise, any license or right to use any of Your Trademarks without Your permission.
You will be responsible for obtaining and maintaining all computer hardware, Internet connections and any other equipment reasonably necessary to access and use the Services. Currently, the Services are optimized for use with the Mozilla Firefox® and Google Chrome® web browsers. High speed Internet access is strongly recommended for regular use and is required for video. You agree that Veritone will not be responsible for any interruption, delay or inconsistent operation of the Services due to You not using necessary or compatible equipment, or a high speed Internet connection.
14. DISCLAIMERS, LIMITATION OF LIABILITY, RELEASES
YOU AGREE THAT USE OF THIS SITE AND THE SERVICES IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD. NEITHER VERITONE NOR ANY OF ITS RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENT OR WARRANT THAT YOUR USE OF THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THIS SITE. THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TOS. THE DISCLAIMERS CONTAINED IN THESE TOS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL VERITONE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE.
You agree that You will, at Your expense, indemnify, defend, settle, and hold Veritone, its directors, officers, shareholders, employees and agents harmless from and against all claims and expenses, including attorneys’ fees, arising out of Your use of the Services, including but not limited to any use of the Services that is not authorized by these TOS. In addition to the foregoing, in any such action, You will pay any judgment awarded against Veritone or any settlement agreed to by You, and any authorized expenses incurred by Veritone. Veritone reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Veritone in asserting any available defenses.
16. COPYRIGHT COMPLIANCE
To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) (USC §§ 512 et. seq.), Veritone will take action on receipt of notice of alleged copyright infringement. If You are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon YourUnited States copyrights, You may submit notification in accordance with the DMCA (USC 512(c)(3)) by providing Veritone with the following information in writing:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material);
Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an Email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You, made under the penalty of perjury, that the above information in Your notification is accurate and that You are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and Your physical or electronic signature.
Please send all written correspondence of alleged infringements to:
575 Anton Blvd. Suite 900
Costa Mesa, California 92626
Attention: Legal/Copyright Agent
You may also contact Veritone’s Copyright Agent by email at: email@example.com
17. LEGAL PROCEEDINGS
Any dispute relating to or arising from Your use of the Services or these TOS will be adjudicated by a court of competent jurisdiction sitting in the State of California, County of Orange and You expressly consent to the jurisdiction of the State and Federal courts sitting in Orange County, California for such purposes. In addition to any finding, relief granted or judgment awarded by such court, the prevailing party in any such action shall be awarded reasonable attorney’s fees and costs.
All notices regarding any matter pertaining to these TOS, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by email, with a physical copy of such notice sent via United States Registered Mail (return receipt requested), or by a nationally recognized express courier, postage or air bill prepaid. Notices sent to Veritone, Inc., shall be sent to: 575 Anton Blvd. Suite 900, Costa Mesa, California 92626, Attention: Legal Affairs. Notices sent by Veritone shall be sent via email, with a physical copy sent (by United States Registered Mail or a nationally recognized courier) to the email and physical addresses You provided as part of Your Registration Information. Notice will be deemed effective twenty-four (24) hours after sending of an email, unless returned due to an invalid email address, in which case, notice shall be deemed effective upon receipt of physical copies, as confirmed by United States Postal Service, or courier, as applicable.
These TOS are to be construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. These TOS, as updated from time to time, constitute the entire agreement between us with respect to Your use of this Site. Veritone’s failure to enforce any breach of this Agreement by You does not constitute a waiver of Veritone’s right to enforce any term of these TOS in the future for a similar breach.
Section 1789.3 of the California Civil Code (the “Electronic Commerce Act of 1984”, California Civil Code, Section 1789.1, et seq.) requires us to inform You that You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Sacramento, California 95834 or by telephone at (916) 445-1254, or (800) 952-5210, in order to resolve any complaint regarding a service provided to You through this Site or to receive further information regarding the use of such services.
21. MEDIA PLAYER
Grant of Limited License. Veritone grants to you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to use the Media Player, subject to the terms and conditions set forth in these Terms. You may use the Media Player in object code form for internal business purposes only. You are only permitted to use the Media Player to play back audio and video files within the Relativity e-discovery workspace (“Relativity”) and for no other purpose. This license may be revoked by Veritone at any time by notification to you.
Restrictions. You acknowledge that this version of the Media Player is being made available free of charge for the sole purpose of permitting you to play back audio and video files within Relativity for demonstration and evaluation, and that your access to and use of all other functionality of the Media Player and the associated Veritone Platform will require a separate license agreement and payment of license fees. You are strictly prohibited from accessing or using such other functionality unless and until expressly authorized under a separate license agreement. You agree that you will not defeat, circumvent or modify any authentication technology or other security measures, controls or filters contained in Media Player or the Veritone Platform, or otherwise attempt to access or use any such other functionality of the Media Player or the Veritone Platform. You agree that you will not, without the prior written consent of Veritone: (i) use for any other purpose, copy, reproduce, modify, enhance, or prepare derivative works based on, the Media Player, in whole or in part; (ii) reverse engineer, decompile, disassemble, translate, reconstruct, omit, distort, obscure, all or any portion of the Media Player, or otherwise attempt to access the source code of the Media Player; or (iii) license, sublicense, sell, resell, assign, distribute, display or otherwise transfer the Media Player, in whole or in part. You further agree that you will not use the Media Player for any illegal activity or unlawful purpose, and you will not violate any laws, rules, regulations or third party rights in your use of the Media Player.
Ownership. Veritone shall retain all right, title and interest in and to the Media Player (including any enhancements or modifications thereto or derivative works thereof) and all of its copyrights, patents, trademarks, trade names, trade secrets, inventions, know-how, developments, technologies, and all other intellectual property and proprietary rights related thereto. Except as specifically provided herein, nothing contained herein shall be construed as a grant of any copyright, trade secret, trademark or other proprietary rights of Veritone related to Veritone’s products or services including, without limitation, the Media Player. Veritone claims and reserves all rights and benefits afforded under law in the Media Player and its other intellectual property. You shall not challenge, or cause any third party to challenge, the rights of Veritone.
DISCLAIMER OF WARRANTY. THE MEDIA PLAYER ARE PROVIDED TO YOU “AS IS” AND VERITONE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, REGARDING THE MEDIA PLAYER. VERITONE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT FOR THE MEDIA PLAYER. VERITONE DOES NOT WARRANT THAT THE MEDIA PLAYER WILL MEET YOUR REQUIREMENTS, WILL FUNCTION PROPERLY IN COMBINATION WITH OTHER HARDWARE AND/OR SOFTWARE, OR WILL BE ERROR FREE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL VERITONE BE LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RELATING TO THE USE OF THE MEDIA PLAYER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VERITONE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.