1. INTRODUCTION.

    THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND VEVO LLC (“VEVO”) STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE “VEVO APPLICATION” (THE “VEVO APP”). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING AND/OR USING THE VEVO APP, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT PURCHASE (IF APPLICABLE), DOWNLOAD, INSTALL AND/OR USE THE VEVO APP.

    Vevo may enable access to Vevo’s, its affiliates’ and other third parties’ content, information, services, advertising, websites, platforms and other materials through the Vevo App (collectively and individually, “Services”). As a condition of your download, installation and/or use of the Vevo App and/or Services, you agree to be bound by and comply at all times with (a) Vevo’s Terms of Use Agreement (“Terms of Use”) and
    Privacy Policy (“Privacy Policy”), each of which is incorporated herein by reference, (b) all applicable laws, rules and regulations and (c) any other applicable terms, conditions and requirements promulgated by any third party owned and/or operated platforms and services (e.g., application storefronts, online and mobile networks, carriers, platforms, Device (as such term is defined in Section 2 below) manufacturers, service providers and other operators, etc.) (each, a “Third Party Platform” and collectively, the “Third Party Platforms”). You agree that the Privacy Policy and Terms of Use may be updated from time to time, without prior notice, and any such changes shall be effective as soon as posted. You should also refer back to the Terms of Use and Privacy Policy on a regular basis so that you remain aware of the most current terms and conditions that apply to you.

    If you download, install or otherwise access the Vevo App through a Third Party Platform owned and/or operated by Apple, Inc. or any of its subsidiaries (collectively, “Apple”) (e.g., Apple App Store, etc.), then the additional terms set forth in Section 17 below apply to you and your use of the Vevo App. If you download, install or otherwise access the Vevo App through a Third Party Platform owned and/or operated by Samsung Electronics Co., Ltd (“Samsung”) (e.g., Galaxy Apps, SmartHub, etc.), then the terms of this Agreement may not apply to you and your use of the Vevo App may instead be governed by the applicable Samsung end user license agreement, as further described in Section 18 below.
  1. LICENSE GRANT.

    Subject to the terms and conditions of this Agreement, Vevo hereby grants to you a limited, non-transferable, non-sublicensable, non-assignable and revocable license to install and use the Vevo App solely for your own personal, non-commercial use in the country in which you downloaded or installed the Vevo App, provided that you downloaded or installed the Vevo App in one of the following countries (such country in which you downloaded or installed the Vevo App, the “Territory”): the United States of America, Canada, Brazil, Mexico, Australia, New Zealand, the United Kingdom, the Republic of Ireland, France, Italy, Spain, Poland, Germany, the Netherlands or any other country in which Vevo makes the Vevo App available to end users, solely on any applicable device, as specified by Vevo at the time of download, that you own or control (“Device”). For the avoidance of doubt, the Vevo App is licensed, not sold, to you by Vevo pursuant to and subject to the terms and conditions of this Agreement and any applicable terms and conditions promulgated by any Third Party Platform. The Vevo App and/or Services may be dependent on and/or interoperate with such Third Party Platforms and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access and use the Vevo App and/or Services. Vevo, its affiliates and licensors reserve all rights not expressly granted to you herein. You acknowledge and agree that this Agreement is between you and Vevo, and any applicable Third Party Platform and its subsidiaries are not a party to this Agreement and are not responsible for the Vevo App and/or Services, including, without limitation, providing maintenance and support in connection therewith.
  1. SERVICES; THIRD PARTY PLATFORMS, SERVICES AND CONTENT.

    1. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You agree that your use of the Services shall be at your sole risk and that the Vevo Parties (as such term is defined in Section 8 below) shall have no liability to you for any content that may be found to be offensive, indecent, or objectionable.

    2. The Vevo Parties (as such term is defined in Section 8 below) do not verify, endorse, or have any responsibility or liability for any appearance, availability, or your use of (i) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services, or (ii) any third party websites, content, data, information, applications, platforms, goods, services or materials, including Third Party Platforms (collectively, “Third Party Services”) and/or any third party business practices (including, without limitation, their privacy policies), regardless of whether the Services’, Vevo Parties’ or their respective affiliates’ logos, marks, names and/or sponsorship or other identification are on, or otherwise displayed in connection with, the Third Party Services. Further, by using the Services, you acknowledge and agree that the Vevo Parties are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Services. If any Third Party Services you interact with obtain or collect personal information from you, in no event shall we assume or have any responsibility or liability in connection with any use, collection or disclosure of the same by or in connection with such Third Party Services. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use. You acknowledge that Third Party Services that may be accessed from, displayed on or linked to from the Vevo App and/or Services are not available in all languages or in all countries.
  1. NO WARRANTY.

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VEVO APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE VEVO APP IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VEVO APP AND SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VEVO, ITS PARENT COMPANIES, AFFILIATES AND LICENSORS, SUPPLIERS, OPERATORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS, THIRD PARTY PLATFORMS AND OTHER AFFILIATED PARTIES, AND EACH OF THE FOREGOING PARTIES’ RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “VEVO PARTIES”) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VEVO APP AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NONE OF THE VEVO PARTIES WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, THE VEVO APP AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE VEVO APP AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VEVO APP AND/OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEVO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. SHOULD THE VEVO APP AND/OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.