Terms for RTMP streaming
1. GENERAL
1.1 These terms for RTMP streaming (“Streaming Terms”) governs the contractual relationship between Veo Technologies ApS, company registration number 37240834 (“Veo”) and partners of Veo (the “Veo Streaming Partner”) who intends to stream and distribute audio-visual content from the Veo website or the Veo application (the “Veo Platforms”) through the Veo Streaming Partner’s own platform(s).
1.2 Veo’s RTMP streaming solution (the “Veo External Streaming Solution”) is made available with the objective of expanding the content’s on the Veo Platforms reach and thereby bringing additional value for the customers and users of Veo’s services and products.
1.3 All use of the Veo External Streaming Solution constitutes an implicit acceptance of these Streaming Terms, including changes and modifications subject to clause 7.
2. THE VEO EXTERNAL STREAMING SOLUTION
2.1 The Veo External Streaming Solution is a service provided by Veo, where content from the Veo Platforms can become accessible through the Veo Streaming Partner’s own platform(s). The Veo External Streaming Solution is further described at veo.co/product/veo-live.
2.2 The Veo External Streaming Solution includes access to information, documentation, materials, sample code and software necessary for the use (“Streaming Data”).
2.3 The Veo Streaming Partner gains access to video, audio, images and textual content, which may include personal data, (“Content”) as an integral part of Veo External Streaming.
2.4 It is in the publisher’s (Veo user and/or customer as the case may be) (the “Publisher”) sole discretion to share its Content, including allowing for Content to be shared through the Veo Streaming Partner’s platform. The Publisher further decides through its privacy settings on the Veo Streaming Partners platform how Content can be used.
3. LICENSE, REGISTRATION AND ACCESS TO THE VEO EXTERNAL STREAMING SOLUTION
3.1 By acceptance of and complying with these Streaming Terms, the Veo Streaming Partner is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Veo External Streaming Solution in accordance with the Purpose (as defined in clause 4.1).
4. PERMITTED USE OF THE VEO EXTERNAL STREAMING SOLUTION
4.1 The Content on the Veo Platforms is made available by the Publisher for the specific purposes decided by the Publisher (the “Purpose”).
4.2 The Veo Streaming Partner may not use the Veo External Streaming Solution for any illegal or unauthorized purposes or in any other manner that violates these Streaming Terms or any relevant legislation.
4.3 The Veo External Streaming Partner is further prohibited from reverse engineering, decompiling and disassembling the Veo External Streaming Solution or engage in activity that interferes with or disrupts servers or networks connected to the Veo External Streaming Solution.
5. PROCESSING OF PERSONAL DATA, PRIVACY AND DATA SECURITY
5.1 The Publisher’s sharing of Content with the Veo Streaming Partner may involve processing of personal data, which is subject to data protection legislations, including the EU General Data Protection Regulation (EU 2016/679) (“GDPR”).
5.2 Veo is acting as a data processor on behalf of the Publisher and in accordance with specific instruction from the Publisher in relation to the sharing of Content with the Veo Streaming Partners. Hence, Veo will solely be facilitating the sharing of Content, if instructed to do so by the Publisher. The relationship between Veo and the individual Publishers is governed by a data processing agreement which can be found at veo.co.
5.3 Veo Streaming Partner is separately responsible for compliance with any applicable data protection legislation. Any use of personal data included in the received Content for individual purposes of the Veo Streaming Partner is of no concern to Veo and must, if necessary, be aligned with and take place upon agreement or similar with the Publisher. Veo takes no part in any such agreement or collaboration between the Publisher and the Veo Streaming Partner.
5.4 If the Veo Streaming Partner is established in a non-EU/EEA country (“Third Country”), sharing of Content from the Publisher to the Veo Streaming Partner may involve a transfer of personal data to the non-EU/EAA Veo Streaming Partner recipient in the Third Country in question. The Publisher (“Data Exporter”) and the Veo Streaming Partner (“Data Importer”) are each obliged to comply with applicable data protection legislation regarding Third Country transfers of personal data, including Chapter 5 of the GDPR. Thus, the Data Exporter and the Data Importer is obliged to ensure an appropriate legal basis for the transfers of personal data to Third Countries is established, e.g., by entering into a data transfer agreement comprising the EU Standard Contractual Clauses for transfer of personal data or other applicable legal basis for the transfer.
5.5 Veo is, as the data processor on behalf of the Publisher as the data controller and Data Exporter, obligated to solely transfer personal data to the Veo Streaming Partner as the Data Importer based on documented instructions from the Publisher. If Veo becomes aware that no sufficient legal basis for the transfer of personal data to a Third Country is in place, Veo is as data processor separately obliged under the GDPR, to inform the Publisher of any such non-compliance with the GDPR.
6. CYBER SECURITY
6.1 By accessing and using the Veo External Streaming Solution, the Veo Streaming Partner is required to maintain and implement appropriate levels of administrative, organizational, technical and physical security controls in accordance with good industry standards (“Security Requirements”) in order to ensure and protect the integrity of Veo, the Veo External Streaming Solution, the Streaming Data and the Content. Failure to comply with the Security Requirements may result in suspension or termination in accordance with clause 13.
7. CHANGES AND MODIFICATIONS TO THE VEO EXTERNAL STREAMING SOLUTION
7.1 Veo reserves the right to introduce changes or modifications to the Streaming Terms or the Veo External Streaming Solution at Veo’s sole discretion at any time. Veo will strive, but does not guarantee, to provide the Veo Streaming Partner with a prior written notice of any planned changes or modifications.
7.2 The Veo Streaming Partner’s continued use of the Veo External Streaming Solution after implemented changes or modifications to these Streaming Terms constitutes the Veo Streaming Partner’s acceptance of such changes or modifications. If the Veo Streaming Partner does not agree to the changes or modifications, the Veo Streaming Partner must stop using the Veo External Streaming Solution immediately.
8. VEO’S USE OF VEO STREAMING PARTNER’S NAME
8.1 By accepting these Streaming Terms, the Veo Streaming Partner grants Veo a non-exclusive, irrevocable, royalty-free license to use the Veo Streaming Partner’s company name and logo(s) for marketing purposes, including, but not limited to, presentations, materials and financial reports.
8.2 The Veo Streaming Partner has no right to use Veo’s name, trademarks, logos, product names or any as such for any purpose, except for use that may be required in order to use the Veo External Streaming Solution or this has been approved in writing by Veo.
9. INTELLECTUAL PROPERTY
9.1 Except for the Content, which is the intellectual property of the Publisher, the Veo External Streaming e, the Streaming Data, the Veo Platforms and all data and material on the Veo Platforms, including, without limitation, text, graphics, interactive features, logos, photos, music, videos, software, trademarks, including without limitation trademarks to the Veo name or Veo Platforms and all other audible, visual or downloadable material, as well as the selection, organization, coordination, compilation and overall look and feel of the services are the intellectual property of Veo, its affiliates or its licensors.
10. CONFIDENTIALITY
10.1 The Veo Streaming Partner shall not reveal – either during the term (as specified in clause 13) or at any time after its termination – confidential information to any third-parties, nor exploit such confidential information for any other purpose than using the Veo External Streaming Solution in accordance with these Streaming Terms. The confidential information includes without limitation the Streaming Data and all other information provided by Veo to the Veo Streaming Partner in connection with the access and use of the Veo External Streaming Solution, except for information already made public available.
11. DISCLAIMER OF WARRANTIES
11.1 The Veo External Streaming Solution is “as is” without warranties of any kind, whether express or implied. The Veo Streaming Partner understands and acknowledge that no warranties have been provided by Veo. Furthermore, Veo does especially not warrant that:
(A) the Veo External Streaming Solution will meet the Veo Streaming Partner’s requirements and expectations;
(B) the Veo External Streaming Solution will be accessible, uninterrupted, up to date with technical and functional markets standards, secure and free for errors or bugs; and
(C) the Veo External Streaming Solution will be reliable, complete, secure or fit for a specific purpose.
11.2 As Veo is merely the provider of the Veo Platforms and the Veo External Streaming Veo is not responsible or liable for the Content made available through the Veo External Streaming Solution. All Content obtained by the Veo Streaming Partner in connection with the Veo External Streaming Solution is streamed and distributed at the Veo Streaming Partner’s sole risk and responsibility, including damages or losses incurred by using the Veo External Streaming Solution and the Content.
12. LIMITATIONS OF LIABILITY AND INDEMNIFICATION
12.1 In no event shall Veo be liable for any loss of anticipated revenues or profits, delays or otherwise for any consequential, indirect or punitive losses or damages, whether or not foreseeable and irrespective of the theory or cause of action upon which such damages might be based, including but not limited to strict liability, breach of warranty or otherwise. Loss of data is considered an indirect loss. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL VEO OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE VEO EXTERNAL STREAMING SOLUTION OR CONTENT, EVEN IF VEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Veo’s total aggregate liability under these Streaming Terms is limited to DKK 10.000 per calendar year.
12.3 The Veo Streaming Partner warrants and represents that its use of the Veo External Streaming Solution and Content does not in any way infringe or violate these Streaming Terms and will comply with all relevant legislation. Notwithstanding anything to the contrary in these Streaming Terms, the Veo Streaming Partner shall indemnify, defend and hold harmless Veo from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of any third-party claim due to or arising out of the Veo Streaming Partner ‘s violation of these Streaming Terms, including but not limited to a claim arising out of a breach of the Veo Streaming Partner’s representations or warranties made hereunder.
12.4 Veo reserves the right, at the Veo Streaming Partner’s expense, to assume the exclusive defence and control of any matter for which the Veo Streaming Partner is required to indemnify Veo, and the Veo Streaming Partner herewith agree to cooperate with Veo's defence of these claims.
13. TERM, TERMINATION AND SUSPENSION
13.1 These Streaming Term (including future changes introduced to the Streaming Terms) constitutes the entire legal relationship between Veo and the Veo Streaming Partner for the use of Veo Streaming External Solution and shall remain in force until terminated.
13.2 The Veo Streaming Partner may at any time terminate its use of the Veo External Streaming Solution.
13.3 Veo may at its sole discretion decide to suspend, alter, or terminate the Veo Streaming Partner’s access to use the Veo External Streaming Solution in whole or in part, at any time and without prior notice.
13.4 Upon termination, the Veo Streaming Partner must delete all data and information, including all Streaming Data, incurred as a result of the use the Veo External Streaming Solution. At Veo’s request the Veo Streaming Partner will certify and document such deletion.
14. MISCELLANEOUS
14.1 The Veo External Streaming Solution is provided by Veo. Veo can be contacted via support.veo.co.
14.2 The Veo Streaming Partner may not novate or assign any of its rights or obligations under these Streaming Terms without the prior written consent of Veo. Veo may at its discretion assign or novate these Streaming Terms or any rights or obligations hereunder to any third party.
14.3 If one or more of the provisions of these Streaming Terms are declared invalid or unenforceable as a result of current mandatory legislation or legal instruments issued by public authorities or decisions made by public authorities, Veo and the Veo Streaming Partner agree that the other provisions of these Streaming Terms will be severed and remain effective. Veo will replace the invalid provision by a valid one, which achieves to the extent possible the original purpose and commercial goal and intent of the invalid provision.
14.4 If Veo fails to act with respect to the Veo Streaming Partner’s breach or anyone else's breach on any occasion, Veo is not waiving its right to act with respect to future or similar breaches.
14.5 On termination, in accordance with clause 13, all clauses intended to or capable of surviving termination shall survive and continue in full force and effect.
15. GOVERNING LAW AND LOCATION FOR DISPUTES
15.1 Subject to clause 15.2, these Streaming Terms shall be governed by and interpreted in accordance with the laws of Denmark without regard to international private law regulations or principles of Danish law leading to the application of other laws than substantive Danish law. Any dispute arising from or related to these Streaming Terms shall exclusively be settled by the courts in Denmark with the District Court of Copenhagen as the venue.
15.2 If the Veo Streaming Partner is residing in the United States, these Streaming Terms shall be governed by and construed with the laws of Delaware and any dispute arising from or related to these Streaming Terms shall exclusively be settled by the courts located in Delaware.