Terms Of Services
VEEFLY.COM
TERMS OF SERVICE
This document, hereinafter referred to as the "Agreement", contains the terms of services, offered on VEEFLY.COM ("Veefly.com" / "Veefly"), and itself represents an AGREEMENT between "PROMODOME DIGITAL LLP" ("PromoDome Digital" / "We") and ADVERTISER ("You"), the ADVERTISER, as a person, using our services.
1. DEFINITIONS:
For the purposes of the AGREEMENT the following DEFINITIONS are stated:
- "Internet Network", "Internet", "Network": The world wide web, a global network of information.
- "Video": An audiovisual work (with or without sound), and/or their fragments (including, but not limited to: animated works, motion picture, television and video films, music videos, etc.) posted on the Sites.
- "Ads" or "Advertising": Information addressed to an indefinite range of persons and aimed at drawing attention to the Object of Advertising, creating and maintaining interest in it, its promotion on the market.
- "Site": A set of technical means and information intended for publication on the Internet and displayed in a specific text, graphic or sound forms. For the purposes of the Agreement – Veefly.com
- "Advertising Services": The actions taken by Promodome Digital LLP. to promote your videos.
2. SUBJECT MATTER OF THE AGREEMENT – WHAT WE OFFER
On Veefly.com we, from PromoDome Digital, offer to promote your YouTube videos directly on YouTube through YouTube's Ad's platform (Google Ads). Our focus is on marketing your videos to an interested audience, ensuring the highest quality views using the most authentic method—YouTube Ads.
This document is a binding agreement between You, the person or entity agreeing to the terms contained in this document, and 'PromoDome Digital', the owner and administrator of this Website and all the content on it. The service under this agreement will be provided on principal-to-principal basis (P2P basis).
"PromoDome Digital" undertakes to provide Advertising Services to YOU, the individual or entity under the terms and conditions of this AGREEMENT, and YOU, as an ADVERTISER, undertake to accept and pay for "PromoDome Digital’s" services based on the terms and conditions and the manner and in the amount specified in this AGREEMENT.
3. TERMS AND CONDITIONS FOR THE PROVISION OF ADVERTISING SERVICES
The Advertiser is exclusively responsible for creating, editing, and modifying the video content, and will supply Veefly.com with a link to the finished videos.
In order to use the service, offered on Veefly.com the Advertiser is required to register on the site and create a personal account.
The services provided by PromoDome Digital are exclusively available to individuals (Advertisers) who are at least 18 years of age. By accepting the terms and conditions of this Agreement, the Advertiser certifies and confirms that they have reached the legal age of majority in their respective country.
PromoDome Digital is entitled to check the Advertiser's Videos to ensure their compliance with the terms and conditions of this Agreement and the requirements of the applicable legislations in India. In case of non-compliance, PromoDome Digital is entitled to refuse to provide its services.
4. RIGHTS AND OBLIGATIONS OF PromoDome Digital
PromoDome Digital has the below listed rights:
- PromoDome Digital reserves the right to refuse the provision of advertising services to any Advertiser at its sole discretion, without the obligation to provide a reason.
- To temporarily suspend the provision of Advertising Services for technical, technological or other reasons preventing the provision of services, for the period of eliminating such reasons.
- In case of the Advertiser’s breach of the provisions of the Agreement and/or legislation, to suspend the provision of Advertising Services and/or to terminate the Agreement unilaterally out of court, by notifying the Advertiser thereof, and also demand from the Advertiser full reimbursement for all losses/expenses caused by such breach.
- PromoDome Digital reserves the right to discontinue its services to the Advertiser upon receipt of written requests from relevant governmental or regulatory authorities. In such cases, PromoDome Digital will notify the Advertiser by sending an electronic message to the email address provided during registration.
- In the event of non-payment for the advertising services provided, PromoDome Digital reserves the right to withhold or suspend the performance of its obligations until full payment is received.
"PromoDome Digital LLP" has the below listed obligations:
- To provide the services to the Advertiser in accordance with the terms and conditions of this Agreement.
- To issue a refund when necessary – e.g. in case the user is not registered and his/her video is rejected; if the user is registered, but still due to various reasons the video is rejected; if the user contacts PromoDome Digital before the campaign is started and wants to stop it; in the process of a campaign, when the user wants to stop it – in this case the user gets a partial refund.
- Once refund is approved, the refund will be processed by PromoDome Digital LLP within 5 business days.
5. RIGHTS AND OBLIGATIONS OF THE ADVERTISER
The Advertiser has the below listed rights:
- To get their videos promoted under the terms of this agreement.
- To get a refund according to situations/circumstances arising under the abovementioned art 4.2
The Advertiser has the below listed obligations:
- The Advertiser agrees to make timely payment for the advertising services provided by PromoDome Digital, in accordance with the terms agreed upon.
- To prepare the Videos, which includes their creation and edition, complying all "PromoDome Digital LLP"`s requirements, as well as the legal provisions. In case of failure to do so, PromoDome Digital has the right to refuse to promote the video.
- Not to submit any content that:
- Infringes upon the copyrights or other legal rights of any third party.
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature.
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group.
- Exploits or endangers minors in any way
- Depicts unlawful acts or extreme violence.
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms.
- Depicts animal cruelty or extreme violence towards animals.
- Promotes fraudulent or dubious business schemes.
- Depicts, encourages or glorifies self-harm of any kind.
- Not to use an offensive screen name or avatar, act in a deceptive manner; harass or stalk any person; arm or exploit minors; distribute 'spam' in any form or use misleading metadata; access another's account without permission; engage in any unlawful activity.
6. UNLAWFUL ACTIVITY
The Advertiser undertakes not to:
- Submit or promote videos that violate the laws of India, or any applicable international conventions and standards.
- Use the Service, provided on Veefly.com on his own or with the involvement of third parties for purposes that may be qualified as a breach of the legislation, third party rights, including with regard to the results of intellectual activity, unfair competition.
7. DECLARATIONS
The Advertiser hereby represents and warrants that all videos and their content comply with applicable laws, do not infringe upon the rights of any third parties, and that the Advertiser possesses full legal rights to the videos.
The Advertiser represents and warrants that all information provided to PromoDome Digital is complete, accurate, and up-to-date as of the date of acceptance of this Agreement and remains so at the time of this representation.
8. PRICE OF THE SERVICES AND PAYMENT METHOD
The price of the Service offered is determined on the basis of the minimum/maximum views amount. The Advertiser sets a budget and the system calculates the minimum and maximum number of views he will get. If the Advertiser wants to target the video by country and/or to add tags (keywords), the views are decreasing, which means the advertiser will get minimum/maximum views for higher price. The price is specified in US Dollars.
PromoDome Digital provides its Service only after full prepayment.
The payment shall be performed by the Advertiser in one of the following methods: PayPal or via Credit/Debit Cards.
The Services are considered to be paid for after the full price is received by "PromoDome Digital LLP".
9. ACCEPTANCE OF THE TERMS OF AGREEMENT/VALIDITY AND AMENDMENTS TO THE AGREEMENT/TERMINATION OF THE AGREEMENT
This Agreement comes into force upon its posting on Veefly.com and has effect until it`s revocation by "PromoDome Digital LLP".
"PromoDome Digital LLP". reserves the right to amend the terms of this Agreement or withdraw the Agreement at any time. In case of any amendments to the Agreement made by "PromoDome Digital LLP", these amendments take effect after being posted on the Veefly.com, unless otherwise specified.
If the Advertiser continues to use the Service after any amendments to the Agreement have been made, such continued use shall constitute the Advertiser's unconditional acceptance of the updated terms of the Agreement.
The acceptance of this Agreement is performed by the Advertiser by ticking "I accept the privacy policy and the terms of service" while creating an account on Veefly.com.
If there are any amendments made to the Agreement which the Advertiser does not agree with, he shall immediately cease using the Service and deregister the account.
The Agreement may be terminated immediately: upon an initiative of either of the Parties, which send a notice to the other Party not less than 2 (two) weeks before the planned date of termination of the Agreement; by mutual consent of the Parties; on other grounds provided by the agreement and/or legislation.
The Agreement is valid until the Parties fulfil their obligations under the Agreement or until its termination.
10. GOVERNING LAW
This Agreement, as well as any issues originating from or in connection with the use of our services, will be governed and construed in compliance with Indian laws. By using our services, you agree that any legal actions, claims, or procedures relating to this Agreement will be heard only in the courts of India. This includes adhering to applicable laws such as the Information Technology Act of 2000, the Indian Contract Act of 1872, the Consumer Protection Act of 2019, and any other rules and regulations governing digital services, intellectual property, and data protection in India.
11. DISPUTE RESOLUTION
In case of violation of the terms of this Agreement, the Parties are considered liable in accordance with the current legislation of India. In no case shall PromoDome Digital bear any responsibility under this Agreement for
- Any damages and/or lost profits of the Advertiser and/or any third party, regardless of whether 'PromoDome Digital LLP' could have foreseen the probability of such damages.
- Use or inability to use, any consequences of use or inability to use by the Advertiser that form and/or method of payment for Advertising Services, which was chosen by the Advertiser.
- Any direct or indirect damages, caused to the Advertiser by the usage of the Service or the inability of such usage due to violations, technical errors or equipment failures, as well as unlawful access by third parties and malfunction, caused by malicious software.
- Blocking or removal of Advertiser's Videos due to improper content.
The liability of PromoDome Digital under this Agreement may not exceed 100% of the amount paid by the Advertiser for the Services provided by PromoDome Digital. PromoDome Digital is not liable to the Advertisers or any third party for the fact whether the Service meet expectations of the Advertiser and any third party.
The Advertiser is fully responsible for:
- The compliance of the Video with all legal requirements, including the requirements of the current legislation.
- The completeness and accuracy of all information provided upon creating their personal account on Veefly.com and in the period of usage of the Service.
- The safety and confidentiality of registration data (login and password).
- Claims of any third parties regarding the videos and their content.
Both 'PromoDome Digital LLP' and the Advertiser shall be executed for non-performance or improper performance of obligations due to force majeure, which means any unforeseen, extraordinary and unavoidable circumstances, which may include: natural disasters, fires, earthquakes, floods, wars, military operations of any nature, strikes, blockades, embargoes, prohibitions or restrictions on exports or imports, political unrest, riots and their consequences, acts and decisions of public authorities which restrict and/or prohibit performance of obligations under this Agreement, or otherwise affect the ability to perform the terms of this Agreement, and other circumstances beyond the reasonable control of the Parties, including telecommunication and energy networks failures, malware, and incompetent actions of third parties, which actions were aimed at unauthorized access and/or disrupting software and/or hardware. Each Party shall inform the other within 5 (five) working days about the occurrence and termination of such circumstances.
12. Binding Arbitration
Any dispute arising out of or in connection with use of our services, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996 (as amended) in India. The seat or legal place of arbitration shall be Mumbai, India. The language of the arbitration proceedings shall be in English. The governing law of these Legal Terms shall be the substantive laws of India.
13. Restrictions
The Parties agree that the arbitration shall be limited to the dispute between the Parties individually. To the fullest extent permitted by law:
- no arbitration shall be consolidated with any other proceeding;
- no dispute shall be arbitrated on a class-action basis or utilize class action procedures; and
- there is no right or authority for any dispute to be brought in a representative capacity on behalf of the general public or any other persons.
If any portion of this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion, and such disputes shall be resolved by a court of competent jurisdiction in India. The Parties agree to submit to the personal jurisdiction of such courts.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. FINAL PROVISIONS
The Advertiser has no right to assign or transfer all or any of its rights under this Agreement to any third party.
If one or more provisions of this Agreement are considered to be invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
For all questions related to this Agreement and/or application of the provisions of this Agreement, please contact: 'PromoDome Digital LLP', By Phone: +1 918 937 4479 or e-mail: support@Veefly.com