Last Updated: February 23, 2017
1. Account Set Up
To use certain of the Services, including, without limitation, the Veea Pay Payment Services, a Veea user must create an account and provide us with an acceptable username, password and email address; and, to utilize certain of the Services, a telephone number that is capable of sending and receiving SMS, MMS, text message messages (collectively, "Veea User Information").
To use our Veea Connect app and the Veea Pay Payment Services, a merchant user must create an account by claiming the merchant's business profile and create an account and provide us with an acceptable username, email address, your zip code and; to utilize certain of the Services, a telephone number that is capable of sending and receiving SMS, MMS, text message messages (collectively,"Veea Connect User Information" and together with Veea User Information, "User Information").
2. Fees and Charges
Use of the Veea app is free of charge. However other Max2 products and services may charge fees for the use of those Services as described in terms or separate agreements applicable to those Services. Message, roaming and data rates and limits may apply to text and/or multimedia messages through your wireless service provider. Any fees and charges will be charged or applied separately by your wireless service provider. Text messaging may not be available in all areas and not all mobile devices may be supported. Max2 is not responsible for the successful delivery or any delays of text and/or multimedia messages. Please see "Communications from Max2" below, for information regarding receipt of text and multimedia messages.
Max2 reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the charges associated with the use of the Services if any. We will notify you of the change and require your acceptance of the new terms prior to being permitted to continue to use the Services.
4. Links to Third Party Services and Sites
The Services may contain links to other third party services and websites ("Linked Sites"). The Linked Sites are not under the control of Max2 and Max2 is not responsible for the contents or operation (including privacy practices) of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. Max2 is not responsible for webcasting or any other form of transmission received from any Linked Site. Max2 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Max2 of the site, service, or any association with the operators of a Linked Site.
5. No Unlawful or Prohibited Use
As a condition of your use of the Services, you warrant to Max2 that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through the Services.
6. Use of Communication Services
The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
¤ Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
¤ Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
¤ Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto and have received all necessary consents.
¤ Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
¤ Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
¤ Conduct or forward surveys, contests, pyramid schemes, or chain letters.
¤ Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
¤ Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
¤ Restrict or inhibit any other user from using and enjoying the Communication Services.
¤ Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
¤ Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
¤ Violate any applicable laws or regulations.
Max2 has no obligation to monitor the Communication Services. However, Max2 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Max2 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Max2 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Max2's sole discretion.
Always use caution when giving out any personally identifying information about yourself or others (particularly your children) in any Communication Service. Max2 does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Max2 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Max2 spokespersons, and their views do not necessarily reflect those of Max2.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
7. Materials Provided to Max2 or Posted on any Service
Max2 does not claim ownership of the materials you provide to Max2 (including feedback and suggestions) or post, upload, input, or submit to any Service (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Max2, its affiliated companies and its sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission. Max2 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Max2's sole discretion.
8. Communications from Us and Veea Connect Merchants
We may offer services that are available via your mobile device, including, without limitation, the ability to upload content to any Service, blog, post, and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for any Service, including advertisements, offers and promotions ("Promotions") from Veea Connect participating member businesses (each a "Member Business") and/or other businesses (collectively "Mobile Services"). If you decide that you do not want to receive Promotions, you may opt-out by updating your account profile.
Your mobile carrier's normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier and not all Mobile Services may work with all mobile carriers or devices. By providing your cell number upon registering or by using any Mobile Services, you agree that we may communicate with you regarding Max2, the Services and other entities, by SMS, MMS, text message, push message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
9. Member Businesses
10. Purchases; Promotions; Other Terms and Conditions
In connection with any Max2 sponsored contest or promotion, if Max2 provides any hardware, equipment or device to a Member Business, you agree that (1) unless otherwise specifically agreed in writing by Max2, all such hardware, equipment and devices and any information collected by such devices will be the property of Max2 , (2) the Member Business will not attempt to access or disturb the device in any fashion during the related contest or promotion, and (3) will return the hardware, equipment or device promptly following completion of the context or promotion.
11. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SITES AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN. Max2 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES IN THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MAX2 IS NOT RESPONSIBLE FOR THE CONTENT OF ANY PROMOTION, AND DOES NOT ENDORSE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, ANY PROMOTION.
MAX2 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SITE OR AS PART OF THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Max 2 AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
12. Indemnity; Reservation of Rights; Release
Max2 reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Member Business. We would like to hear from you if you are ever dissatisfied with the actions of a Member Business.
To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Website and from any claims related to the conduct of any other Users or any Member Business. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
13. Use Restrictions
14. Termination / Access Restriction
16. Local Laws
We control and operate the Services from within the United States and make no representation that the content, services or information is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on the Services are solely directed to individuals, companies or other entities located in the United States. If you use the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including, but not limited to, export and import regulations.
18. Government Use
If you are accessing the Services on behalf of the United States Government ("USG"), then the following provision applies:
All software associated with the Services constitute commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the USG, the use, duplication, reproduction, release, modification, disclosure or transfer of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the USG, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.
19. Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Max2's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
To be effective, the notification must be in writing and include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Max2 to locate the material;
4. Your address, telephone number, and, if available, your e-mail address;
5. A statement by you 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
6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send the written communication to our Designated Agent as set forth below:
Name of agent designated to receive notification of claimed infringement:
Full address of designated agent to which notification should be sent:
164 E. 83rd Street
New York, NY 10028
Attention: General Counsel
E-Mail Address of Designated Agent: firstname.lastname@example.org
21. Contacting Us:
If you have any questions or concerns about our Services or these Terms, you may contact us at:_
164 East 83rd Street
New York, New York 10028
Attention: General Counsel
or by email at email@example.com
22. Copyright Notice:
All contents of the Services are:
© 2015-2017 by Max2 Inc. and/or its subsidiaries, affiliates and suppliers. All rights reserved.
23. Reservation of Rights
Any rights not expressly granted herein are reserved to Max2.
Max2 and Veea are trademarks of Max2 Inc.