TERMS OF SERVICE

Intro

These terms of service (“Agreement”) govern your access to and use of the services (“Services”) provided by Viberate through its website Viberate.com or other communication platforms (such as applications on mobile devices). Viberate.com is owned and operated by Viberate, d.o.o. (“Viberate”). The Services may only be accessed in accordance with this Agreement. Any violation of this Agreement may be enforced by Viberate to the fullest extent allowed by law.

By accessing the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. If you are an individual using the Services on behalf of an entity, you represent and warrant that you have all necessary right and authority to bind such entity to the terms and conditions of this Agreement. By accessing the Services, you agree to be bound by this Agreement.

This Agreement may be changed, revised or amended by Viberate at its own discretion. If material changes to the Agreement are made, they will be posted on Viberate.com under the section “Terms of Service” and effective upon posting. It is your sole responsibility to be aware of changes to the Agreement. Your continued access to or use of the Services thereafter shall constitute your acceptance of the amended Agreement. You are advised to periodically visit this page to review the current Terms of Service.


Accounts

To be eligible to use certain Service features, you must create a user account (“Account”). To create an Account, you must complete the registration process by providing the information requested on the registration form. You are responsible for ensuring that any information provided is current and accurate. Viberate is not responsible for any loss of communication resulting from the omission of providing accurate contact information. Should Viberate suspect that any information you provide is not current or accurate, Viberate has the right to suspend or terminate your use of the Services. You are authorised to register one single Account. If registration and/or usage of multiple Accounts is detected, you will be permanently precluded from using the Services. You are fully responsible for any activity that occurs under your Account, thus you should create a secure password and protect the Account from unauthorized access.


Licence to Data

In connection with your use of the Services, you may provide us with data regarding yourself (if you are an artist) or artists, agencies or venues you represent (“Data”). By doing so, you hereby grant Viberate, its affiliates and sublicensees an unlimited, non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable right to use the Data for the purposes of optimizing, validating, enhancing, supplementing and improving the Services and Viberate’s related products. Furthermore, you grant Viberate, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You agree not to provide us any Data that you know is false or inaccurate or otherwise intended to disrupt or falsely skew our data or the Services, and you acknowledge and agree that we have no obligation to use the Data that you have provided, nor confirm its validity or otherwise verify its accuracy. You represent and warrant that you have all necessary right and authority to provide the Data. You will defend, indemnify and hold Viberate, its affiliates and sublicensees harmless from and against any claims resulting from any Data you provide hereunder or your use of the Services.

To the extent your Data is not publicly available or available to us from another source without restriction, we will only use it on an aggregated basis in connection with our services, and we will only disclose it to a third party for such purpose and under reasonable terms of confidentiality.

While Viberate uses reasonable efforts to include accurate and up-to-date information on Viberate.com, Viberate makes no warranties or representations as to its accuracy. Viberate assumes no liability or responsibility for any errors or representations in the Services. Viberate has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on Viberate.com, including Data that has been provided by users.


Use of Services

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Viberate. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Viberate has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Viberate or any third party may suffer) of any such breach.

You shall not transmit to or upload to Viberate.com any software that is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication. Furthermore, you shall not use or misappropriate the data on Viberate.com for your own commercial gain.

Viberate reserves all rights not specifically granted herein. Any derivative use of Viberate.com or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of Viberate.com or any materials contained therein.

Viberate.com may contain links to other sites on the Internet which are owned and operated by third parties. You acknowledge that Viberate shall not be held responsible for the availability of, or the materials located on or through, any such sites.

You acknowledge that by accessing Viberate.com, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Viberate shall have no liability to you for such content.

Viberate may retain and use information collected in your use of the Services, provided such information does not individually identify you.


Term

This Agreement will remain in full force and effect while you use the Services and/or maintain an Account. You may deactivate your Account at any time. You acknowledge and agree that Viberate may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Viberate’s sole discretion, without prior notice to you. Viberate has the right to terminate this Agreement, or suspend or terminate your access to the Services, at any time, for any reason. Upon termination of this Agreement by either party, your right to access and use the Services will terminate immediately. You agree that Viberate will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement or denial of your access to or use of the Services. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Services.


Warranty Disclaimer

The Services are provided "as-is" and “as available” and Viberate expressly disclaims all warranties and conditions of any kind, whether express or implied. You understand and acknowledge that our Services may not be exhaustive and the analysis of the content is based on what users and third-party data sources provide to Viberate. Viberate does not guarantee and does not promise any specific results from the use of the Services. Viberate makes no warranty regarding the outcomes obtained or derived through the use of the Services, nor that the Services will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. You agree that Viberate is not responsible for the timeliness, deletion, mis-delivery, or failure to store any communications or personalization or preference settings.


Limitation on Liability

Under no circumstances shall Viberate or its third party licensors be liable for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to loss of data or profit, arising from or relating to your use or inability to use of the Services under this Agreement, even if Viberate has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy.


Indemnity

You agree to indemnify and hold Viberate, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, brought by any third party arising out of or relating to: (a) your use of the Services (b) our use of the Data in accordance with the terms hereof, or (c) your breach of this Agreement.

This Agreement and the Privacy Policy constitute the entire agreement between you and Viberate regarding the use of the Services. You may not, by operation of law or otherwise, delegate or otherwise transfer your rights or obligations under this Agreement to any third party without Viberate’s prior consent, and any attempt to do so will be void. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. No failure or delay in enforcing any right or exercising any provision will be deemed a waiver of any right or provision.

Viberate.com may contain areas or Services in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms of Services, the terms and conditions of the other area shall prevail.


Copyright/Trademark Information

Copyright 2018, Viberate, d.o.o.. All rights reserved. The trademarks, logos and service marks displayed on the Services are our property or may be the property of third parties. If you are interested in using our marks for any purpose, please contact info@viberate.com to determine whether such use requires authorization.


Rewarding system

Viberate Promotion Guide (PDF, 700KB)


Contact

For any questions or concerns regarding the use of the Services, please contact info@viberate.com and we’ll get back to you as soon as possible.