Viberse Terms of Use - Your Rights and Responsibilities

Terms of Use

Last updated: September 2nd, 2024

Welcome to Viberse (“the Platform”), provided by Viberse or one of its affiliates (“Company”, “we”, or “us”).

You are reading the Terms of Use (“the Terms”), a legally binding agreement between you and us, setting forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, and products (collectively, “the Service”), including any content, functionality, and services offered (collectively, “the Content”), whether as a guest or a registered user.

1. Acceptance of the Terms

By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by these Terms of Use, our Privacy Policy, and our Community Guidelines. If you do not want to agree to these Terms of Use, the Privacy Policy, or the Community Guidelines, you must not access or use the Service. You understand and agree that we will treat your access or use of the Service as acceptance of the Terms of Use, the Privacy Policy, or the Community Guidelines, from that point onwards.

The Service is offered and available to users who are 17 years of age or older. By using the Service, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Service, we will terminate that user’s account. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case, “you” and “your” as used in these Terms shall refer to such entity.

You may not use our services if you are below 17 years of age, are a convicted sex offender, are not permitted to use our Platform or Service under applicable laws, or have had your account previously deleted for violations of our Terms, Community Guidelines or other terms and policies. By agreeing to these terms you agree not to create a new account if your previous account has been deleted for the previously mentioned reasons.

2. Changes to the Terms

We revise and update these Terms of Use from time to time at our sole discretion. We will use commercially reasonable efforts to generally notify all users of any changes to the Terms. However, you should check this page from time to time so you are aware of such changes. We will also update the “Last updated” date at the top of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Service after the date of the new Terms means that you accept and agree to the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Service.

3. Your Account with Us

To use the Service, you must create an account with us. It is important that you keep your account password confidential and do not disclose it to any third party.

You agree that you are solely responsible for any activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you fail to comply with any of the Terms, or if activities occur on your account which, in our sole discretion, could damage or impair the Service, infringe or violate any third-party rights, or breach any applicable laws or regulations.

If you no longer wish to use the Service and would like to delete your account, go to your Account Settings in the Viberse app and tap Delete Account. Once you delete your account, you will not be able to reactivate it or retrieve any of the content or information you have added. Your content will no longer be visible to other users but will remain subject to these Terms of Use.

4. Intellectual Property Rights

We reserve all intellectual property rights in the Service. Except for User Contributions (as defined below), the Service and its contents, features, and functionality, including but not limited to all text, images, videos, and design, are owned by the Company and are protected by international copyright, trademark, patent, and other intellectual property or proprietary right laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on the Service, except as we may otherwise agree in writing.

You must obtain our permission (or permission under an open-source licence) to modify, translate, create derivative works of, decompile or reverse-engineer our products or their components, or otherwise attempt to extract source code from us, unless an exception or limitation applies under applicable law. If you wish to make any use of content on the Service, please email your request to support@viberse.com.

If you use content covered by intellectual property rights that we have and make available on our Platform, we retain all rights to that content and portions covered by our own rights.

If you breach these Terms of Use, your right to use the Service will cease immediately and you must return or destroy any copies of the content you have made. Any use of the Service not expressly permitted by these Terms of Use is a breach of the Terms and may violate copyright, trademark, or other laws.

5. User Contributions

The Service allows registered users to post, submit, publish, upload, or transmit text, images, graphics, illustrations, photographs, and videos (collectively, “User Contributions”) on or through the Service.

All User Contributions must comply with the Community Guidelines. By using our services, you agree to abide by the Community Guidelines. User Contributions that do not abide by our Community Guidelines may be deleted, and we have the right to impose penalties, which may include deletion of account, on users that violate our Community Guidelines.

Any User Contribution you post on the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us the non-exclusive, transferable, sub-licensable, royalty free, worldwide license to host, use, reproduce, copy, publicly perform, display, modify, distribute, and translate or create derivative works of your content under necessary and appropriate circumstances.

You may delete your User Contributions individually. When you delete your account all your User Contributions will also be deleted. Deletion may take a reasonable amount of time. The licenses you grant us will persist until final deletion of the User Contribution.

In case your account or any User Contributions are being investigated for illegal activity, breaches of Terms of Use, to protect the safety, integrity, and security of our Platform or users, or to comply with a legal requirement or request of a government agency, we shall retain the account and license for the User Contributions for as long as necessary to accomplish such goals or comply with our legal obligations.

You represent and warrant that

You own or control all rights to the User Contributions. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You have read and agree to abide by our Community Guidelines and Privacy Policy.

We are not responsible or liable for the content or accuracy of any User Contributions posted by you or any other user of the Service.

6. Monitoring, Enforcement, and Termination

We have the right to:

Change all or part of the Service, including but not limited to the addition, improvement, or removal of functions.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms of Use or our Community Guidelines, infringes any intellectual property right or other right of any person or entity, or threatens the personal safety of users of the Service or the public.

Take appropriate legal action, including without limitation, for any illegal or unauthorized use of the Service.

Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use, Community Guidelines, or other terms and policies.

Please note that we cannot review all User Contributions on the Service and cannot ensure prompt removal of objectionable content that has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user.

7. Disclaimer of Warranties

YOUR USE OF THE SERVICE AND ITS CONTENT IS AT YOUR OWN RISK. THE SERVICE COMES ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE WILL BE COMPLETE, SAFE, RELIABLE, GOOD QUALITY, CORRECT, OR AVAILABLE. THEY ALSO DO NOT GUARANTEE THAT THE SERVICE OR ITS CONTENT WILL ALWAYS BE ACCURATE, RELIABLE, ERROR-FREE, OR GET FIXED IF THERE ARE ISSUES, BE SAFE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL FULFILL WHAT YOU NEED OR EXPECT.

UNDER THE LAW, THE COMPANY COMPLETELY REJECTS ALL GUARANTEES OF ANY KIND, WHETHER THEY'RE DIRECTLY STATED, IMPLIED BY LAW, OR ANY OTHER TYPE. THIS INCLUDES, BUT IS NOT LIMITED TO, GUARANTEES THAT THE SERVICE WILL BE TRADABLE, WILL NOT VIOLATE OTHERS' RIGHTS, AND WILL BE SUITABLE FOR A SPECIFIC PURPOSE.

8. Limitations of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY LOSSES OR DAMAGES YOU MIGHT FACE FROM USING OR NOT BEING ABLE TO USE THE SERVICE OR ITS CONTENT. THIS INCLUDES AND IS NOT LIMITED TO LOSSES OR DAMAGES, BIG OR SMALL, EXPECTED OR UNEXPECTED, ANY INJURY, EMOTIONAL UPSET, LOST EARNINGS, OR PROFITS, NO MATTER HOW THESE LOSSES OR DAMAGES HAPPEN, EVEN IF THEY COULD HAVE BEEN PREDICTED.

9. Indemnity

You agree to defend, indemnify, and hold harmless Viberse, its parents, affiliates, related companies, subsidiaries, agents, licensors, and each of their respective officers, directors, employees, staff, and advisors from any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation, and warranties under these Terms.

10. Monitoring, Enforcement, and Termination

By agreeing to these Terms, and to the extent permitted by applicable law, you and Company agree that any and all past, present and future disputes, claims or causes of action between you and Company arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Company or any of Company’s licensors, distributors, suppliers or agents and whether arising prior to or after your agreement to this Terms, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and the Company further agree that any arbitration shall not proceed as a class, group or representative action.

Informal Dispute Resolution

Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting support@viberse.com. In the same way, before we file a claim against you, we agree to contact you first through the email address you have provided to us during the creation of your account. If a Dispute is not resolved within thirty (30) days after the email noting the Dispute is sent, either you or the Company may initiate an arbitration proceeding.

Arbitration Procedure

If the Dispute is not resolved through Informal Dispute Resolution as described above, either you or the Company may refer the Dispute to and have it finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules"). The seat of the arbitration shall be Singapore. The Tribunal shall be comprised of one arbitrator appointed by SIAC in accordance with its rules. The language of the arbitration shall be English. SIAC will have the right to issue injunctions and its decision will be compulsory, final and strictly mandatory on the Parties who in turn waive any other jurisdiction or venue that may apply and agree to be subject to the arbitral decision waiving any appeals of any type.

11. Entire Agreement

The Terms of Use, our Privacy Policy, and our Community Guidelines constitute the entire agreement between you and Viberse regarding the Service. If you have any questions or would like to request additional information, you can contact us at support@viberse.com.