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VEOBA, LLC ("VEOBA") provides website features to you subject to the following Terms & Conditions ("Terms") which contain the terms and conditions that govern your use of the Veoba.com website (the “Site”) together with any and all VEOBA provided service and/or Product (the “Services” as more particularly defined below).  By accessing or using the Services you agree to be bound by these Terms. Purchase of any product or Service on the Site constitutes your agreement to and acceptance of all the Terms. Please read them carefully.  

1. The VEOBA Services  

VEOBA provides a number of Internet-based services and products through the Site (all such services, collectively, the "Services" and/or “Products”). VEOBA users may create and purchase individual Products for their own use or sell Products through the Site. Users who are artists and who would like to sell Products for digital download must also enter into a separate agreement with VEOBA. VEOBA allows all Users to browse the Site and purchase Products from the Site. VEOBA may offer a number of other services and products on its Site, such as message boards, contests, and newsletters, which may change from time to time.

The Services that VEOBA provides are always evolving and the form and nature of the Services that VEOBA provides may change from time to time without prior notice to you. In addition, VEOBA may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.  VEOBA (along with our licensees and assignees collectively referred in this Agreement as “VEOBA”) reserves the right to update, or modify these Terms from time to time at its sole discretion. Please refer back to these Terms for such changes and updates. 

2. Use of the Site and VEOBA Service 

(a) Eligibility. VEOBA will only knowingly provide the VEOBA Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the VEOBA Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The VEOBA Service is not intended for children under the age of 13. VEOBA does sell Products or Services for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use VEOBA.com only with involvement of a parent or guardian. VEOBA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.  

(b) Compliance With Terms and Applicable Law. You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to below, and all applicable local, state, national, and international laws, rules and regulations when you use the VEOBA Service and the Site.  

(c) Your License to Use the Site and the VEOBA Service.

(1) VEOBA and its licensors solely and exclusively owns all intellectual property and other right, title and interest in and to the VEOBA Service and Site, except as expressly provided for in these Terms. You will not acquire any right, title or interest therein under these Terms or otherwise. 

(2) VEOBA grants you a limited revocable license to access and use the Site and the VEOBA Service for its intended purposes, subject to your compliance with these Terms. This license does not include the right to collect or use information contained on the Site for purposes prohibited by VEOBA; create derivative works based on the Products or any third party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this Terms, VEOBA may revoke the license granted to you. 

(3) This Section 2(c) does not pertain to your intellectual property rights. Any rights relating to materials that you upload to the Site are covered by a separate agreement by and between you and VEOBA. 

(d) Third-Party Services. VEOBA may use third parties to provide certain services accessible through the Site. VEOBA does not control those third parties or their services, and you agree that VEOBA will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms when you use these services. If any such terms or policies conflict with VEOBA's Terms, agreements or policies, you must comply with VEOBA's Terms, agreements or policies, as applicable. 

The Services may include advertisements, which may be targeted to the Submissions or information on the Services, queries made through the Services, or other information. The types and extent of advertising by VEOBA on the Services are subject to change. In consideration for VEOBA granting you access to and use of the Services, you agree that VEOBA and its third party providers and partners may place such advertising on the Services or in connection with the display of Submissions or information from the Services whether submitted by you or others. 

3. Rules For Use Of the Site 

(a) Prohibited Use. Except as may be expressly permitted by VEOBA, you may not: (i) interfere with the VEOBA Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the VEOBA Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the VEOBA Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain VEOBA's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the VEOBA Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these Terms.  

(b) Privacy Policy. By entering into these Terms, you agree to VEOBA's collection, use and disclosure of your personal information in accordance with the VEOBA Privacy Policy, found here: http://veoba.mighty-site.com/privacy-policy-pages-16.php.

(c) Ordering Products. If you purchase Products, you agree to do so in accordance with VEOBA's Terms for purchasing Products and/or Services. Title to Products that you buy will pass to you upon delivery of the Products to the common carrier. 

* If you need to cancel your order, contact Customer Service by email: help@veoba.com or by phone at 312-255-1640. Our service hours are from 8am CST to 6:00pm CST Monday through Friday. Please include the order number of the item that you would like to cancel. If you’ve already completed an order and wish to add a new item to that order, you’ll need to cancel that order and place a new order. Please note that if your order has already been processed, you may not be able to cancel it or modify it. 

* If you’d prefer to order the Product over the phone, you can call us at 312-255-1640. Our service hours are from 8am CST to 6pm CST Monday through Friday.

(d) Monitoring. VEOBA reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If VEOBA determines, in its sole and absolute discretion, that you or another VEOBA user will breach a term or condition of these Terms or that such transaction or communication is inappropriate, VEOBA may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. 

4. Submissions  

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant VEOBA permission to use such submissions for marketing and other promotional purposes. You agree that VEOBA will have no obligation to keep any Submissions confidential and you will not bring a claim against VEOBA based on "moral rights" or the like arising from VEOBA's use of a Submission.

You are responsible for any Submission you post to the Site, and for any consequences thereof. The Submissions you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites.  You should only provide Submissions that you are comfortable sharing with others under these Terms. 

5. Electronic Communications

When you visit VEOBA.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.  

6. Your Account 

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  

7. Representations and Warranties 

(a) Mutual Representations and Warranties. You represent and warrant to VEOBA and VEOBA represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these Terms, (ii) the execution and performance of your or its obligations under these Terms do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these Terms are a legal, valid and binding obligation of the party entering into these Terms, enforceable in accordance with their terms and conditions.

 

(b) By You. You represent and warrant to VEOBA that, in your use of the VEOBA Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to VEOBA that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) VEOBA will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that VEOBA incurs in providing the VEOBA Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware. 

8. Disclaimers, Exclusions, and Limitations 

(a) DISCLAIMER OF WARRANTIES. VEOBA PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. VEOBA DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. VEOBA MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE Terms, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.  

 

(b) EXCLUSION OF DAMAGES. VEOBA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

 

(c) LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE Terms OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE Terms, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE Terms EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY YOU TO VEOBA DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100. 

9. Indemnification  

You will indemnify and hold VEOBA and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these Terms. If you have to indemnify VEOBA under this Section, VEOBA will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without VEOBA's express written permission. 

10. Termination 

(a) Termination. VEOBA may suspend or terminate your use of the Site or VEOBA Service if it believes, in its sole and absolute discretion, that you have breached a term of these Terms.

 

(b) Survival. These Terms will survive indefinitely unless and until VEOBA chooses to terminate them.  

 

(c) Effect of Termination. If you or VEOBA terminates your use of the Site or the VEOBA Service, VEOBA may delete any Submissions or other materials relating to your use of the VEOBA Service on VEOBA's servers or otherwise in its possession and VEOBA will have no liability to you or any third party for doing so. 

11. Applicable Law 

By visiting VEOBA.com, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and VEOBA. 

 

12. Waiver and Severability

13. Dispute Resolution  

All disputes arising out of, relating to or connected with these Terms or your use of any part of the VEOBA Service will be exclusively resolved under confidential binding arbitration held in Chicago, Illinois before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Illinois law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Chicago, Illinois each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms or your use of any part of the VEOBA Service must be asserted individually. 

14. Miscellaneous  

These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Illinois without reference to conflict of law principles. These Terms will not be assignable or transferable by you without the prior written consent of VEOBA. These Terms (including all of the policies and other Agreements described in this Terms, which are hereby incorporated by reference herein and made a part hereof) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and VEOBA are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.