VIBO LIVE Terms of services
1.1 VIBO has developed an app named VIBO Live which is a live streaming
network / platform for people to upload and share their views and attitudes
in form of audio or video works live or non-live through utilizing the
internet and cellular networks based services (hereinafter referred to as
"Web Services"). To obtain these Web Services, the service user
(hereinafter referred to as "User") shall agree to the provisions of this
Agreement in its entirety and complete the registration process as
indicated on the page. By clicking on "Sign Up" during the registration
process, the User wholly agrees to all terms of this Agreement and
acknowledges that VIBO LIVE reserves its right to amend or add to this
1.2. The User hereby declares that, (i) the User is not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in the country where the User is located and has the full legal capacity or the User has obtained due consent from your parents or guardian to use the Web Services; (ii) The information that the User provide in the registration process is correct, true, up to date and accurate.
1.3 The User may access the following link: About us>User Agreement to find the latest version of this Agreement. For the purposes of this Agreement, VIBO LIVE and the User shall be jointly referred to as the "Parties" and any one of them as a "Party".
1.4 After the User is successfully registered, VIBO LIVE will assign the User a user account with a password, the safekeeping of which shall be the responsibility of the User. The User shall bear full legal liability for all behavior and activities conducted through his or her user account. The User shall indemnify and hold VIBO LIVE free and harmless from any claims and/or lawsuits from any third parties arising out of the User's use or unlawful use of the Web Services through its user account.
2.1 The actual content of the Web Services is provided by VIBO LIVE based
on the situation, e.g., a live video broadcast, video on demand, music
streaming, searches, networking, forums (BBS), chat rooms, email and the
posting of comments, etc.
2.2 Some of the Web Services provided by VIBO LIVE require payment. When the User uses such paid-for services, they will be required to pay relevant charges to VIBO LIVE. For paid-for Web Services, VIBO LIVE will give the User explicit notice in advance. The User can only access such services if he/she confirms, as prompted, that he/she agrees to and pay the relevant charges. The User acknowledges and agrees that if the User chooses to decline to pay the relevant charges, VIBO LIVE shall not be bound to provide such paid-for Web Services to the User.
2.3 Where payment in relation to the Web Services is required, the payments shall be subject to a separate VIBO LIVE Payment Policy which shall constitute an inseparable part of this Agreement, which may be obtained by accessing following link: About us>User Agreement
2.4 Under the agreement, all payment processing services on VIBO LIVE are provided by VIBO .
2.5 The User understands that VIBO LIVE merely provides the relevant Web Services, and that the User is solely responsible for his/her own required equipment (such as PC, cell phone or any other devices used for connecting to the internet or cellular network) relevant to these Web Services, as well as the necessary costs (such as telephone or internet charges for internet connection and cell phone charges for cellular network usage) thereof.
3. Modification, Suspension, Termination or Restriction of Service
3.1 In consideration of the unique nature of Web Services, the User
acknowledges and agrees that VIBO LIVE has the right, at its sole
discretions, to modify, suspend or terminate part or all of these Web
Services (including those requiring payment) at any time and from time to
time. VIBO LIVE may also impose limits on certain features and services or
restrict the User's access to part or all of these Web Services. If the
modified, suspended, terminated or restricted Web Service is a free
service, VIBO LIVE is not obligated to notify the User and shall not have
any liability in whatsoever forms to the User or any third party. If the
modified, suspended or terminated Web Service is a paid-for service, VIBO
LIVE shall notify the User in advance of any modification, suspension or
termination, and may choose to either refund the User any relevant charge
or to provide affected users with an alternative paid-for service of
3.2 The User understands that VIBO LIVE needs to perform scheduled or unscheduled repairs and maintenance on the platform providing the Web Services (such as the website or cellular network, etc.) and the relevant equipment. If such situations cause an interruption of paid-for Web Services for a reasonable duration, VIBO LIVE shall not bear any liability to the User and/or to any third parties. However, VIBO LIVE shall provide notice to the User as soon as possible.
3.3 VIBO LIVE has the right to suspend, terminate or restrict provision of the Web Services under this Agreement at any time and is not obligated to bear any liability to the User or any third party, if any of the following events occur.
3.3.1 Personal information provided by the user is false;
3.3.3 The User does not make a payment to VIBO LIVE, as stipulated, to cover the relevant service fees when using paid-for Web Services.
3.4 If the User's registered free account name violates any laws and regulations or national policies, or if it infringes upon the legal rights and interests of any third party, VIBO LIVE retains the right to revoke the account name.
3.5 VIBO Live reserves the right to control violations in content and behavior.
4.1 When applying to use VIBO LIVE's Web Services, the User must provide
accurate personal information and promptly update the information if any
changes occur, and upon request from VIBO LIVE, provide evidence to verify
accuracy of the information given.
4.2 The User shall not transfer or loan his account or password to others. The User shall immediately notify VIBO LIVE if he discovers unlawful use of his account by others. VIBO LIVE shall not bear any liability, in whatsoever forms, if hacking or user negligence results in the unlawful use by others of the User's account or password.
4.3 The User agrees that VIBO LIVE has the right to, when providing Web Services, place any type of commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of VIBO LIVE website). The User also agrees to receive promotional or other relevant commercial information from VIBO LIVE via email or other methods.
4.4 By using and/or uploading any live stream content or other content through a VIBO LIVE Web Services (including but not limited to forums, BBS, comments or personal microblogs) to publicly accessible areas of VIBO LIVE website, the User grants to VIBO LIVE and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
4.5 Users of VIBO LIVE Web Services must abide by the following,
4.5.1 The User shall comply with all applicable laws and regulations in the country where the User is located, and all rules and policies of VIBO LIVE;
4.5.2 The User shall comply with all agreements, stipulations and procedures applicable to the Web Services;
4.5.3 The User shall not use the Web Services system for any unlawful purposes which is in violation of any prevailing laws, decency and public policy;
4.5.4 The User shall not, in any form, use VIBO LIVE Web Services to infringe upon the commercial interests of VIBO LIVE, including but not limited to the posting of commercial advertisements without the express permission of VIBO LIVE;
4.5.5 The User shall not use VIBO LIVE Web Services system to engage in behavior that may adversely impact the normal operation of the internet or cellular network;
4.5.6 The User shall not use Web Services provided by VIBO LIVE to upload, display or distribute any false, harassing, harmful, violent, pornographic, abusive, threatening, vulgar or obscene messages or information, or any other type of negative, unlawful messages or otherwise objectionable information;
4.5.7 The User shall not infringe upon the patents, copyrights, trademarks, right to reputation or any other legal rights and interests of any third party;
4.5.8 The User shall not use VIBO LIVE Web Services system to engage in any behavior detrimental to the interests of VIBO LIVE;
4.6 VIBO LIVE is intended to build a brand new LIVE streaming platform based on social community in the world, where each user can share moments everywhere and any time in a much easier way. Users' behaviors in VIBO LIVE are trusted. Now, therefore, users' responsibility for following rules is required. Rules that help users to steer clear of trouble are stated below. They include but not limited to behaviors allowed, shall be reported, and shall be removed in VIBO LIVE.
4.6.1 Pornography or sexually explicit content are not allowed in VIBO LIVE. Meanwhile, VIBO LIVE works closely with law enforcement. Wrongdoings related to potential child exploitation in VIBO LIVE are to be reported to local related authority equivalent to the Child Protection Service (CPS).
4.6.2 Violent or gory actions that cause any shocking, sensational or disrespectful are not allowed. Graphic contents shall provide enough information to show what's going on. Activities of encouraging others to commit to specific acts of violence are prohibited.
4.6.3 VIBO LIVE is a platform for free expression, but contents that promotes or condones violence against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics are not allowed in VIBO LIVE.
4.6.4 Live streams that encourage others, especially kids, to get involved in activities that might make them hurt are not allowed. Such harmful or dangerous live streams will be removed depending on their severity.
4.6.5 VIBO LIVE make efforts to protect the security of user information. Any suspected breach of security shall be investigated. Any attempt to compromise the security of a profile, including fraud, may be referred to law enforcement. Using misleading or inaccurate information to artificially get diamonds and beans is not prohibited. No contacting users for commercial purposes might be approved without their consent.
4.7 VIBO LIVE has the right to review and monitor the User's usage of VIBO LIVE Web Services (including, but not limited to, review of content stored by the User on VIBO LIVE website). If VIBO LIVE, at its sole discretions, reasonably consider that the User violates any of the aforementioned stipulations when using the Web Services, VIBO LIVE or its authorized agent has the right to request the User to rectify the situation or to directly take all necessary measures (including, but not limited to, modifying or deleting the content posted by the User, or suspension or termination of the User's rights to use the Web Services) to mitigate the impact of the User's improper conduct without requiring any approval from the User. In addition to the aforesaid provisions, if VIBO LIVE discovers or reasonably suspects that any of the User's virtual currency or virtual item in the Web Services may have an illegitimate or inappropriate source, or is in an abnormal status, VIBO LIVE is entitled to suspend the User's rights to use the Web Services to investigate such virtual currency or virtual item, without requiring any approval from the User.
4.7.1 VIBO LIVE has sole and absolute discretion to suspend the User's account or ban the same perpetually, withholding any virtual gifts that the User may obtain without just cause if the User is found by VIBO LIVE to have committed any fraud activities or involved in any fraud activities in topping up the User's account, or the User is found by VIBO LIVE to have obtained virtual gifts through any abnormal topping-up, or simply the User's account is found to have been abnormal with respect with money topping-up;
4.7.2 VIBO LIVE has sole and absolute discretion to suspend the User's account or ban the same perpetually, or withhold some amount of virtual gifts if VIBO LIVE reasonably believes that some or all virtual gifts(including but not limited to beans, diamonds) of the User are obtained without just cause.
4.8 Any disclaimers, notifications or cautions regarding the usage of particular VIBO LIVE Web Services, which are issued through various methods (including, but not limited to, webpage announcements, emails and SMS reminders) shall be deemed to form part of this Agreement. Usage of such Web Services shall be deemed to be a confirmation of the User's acceptance of the content of such disclaimers, notifications and cautions.
4.9 VIBO LIVE will limit access to information about the User to employees who, VIBO LIVE believes reasonably, need to make use of the aforesaid information to provide products or services to the User or simply in order to fulfill their jobs as may be required by VIBO LIVE .
4.10 Anything violation founded, please report it to VIBO LIVE. VIBO LIVE teams around the world are capable of verifying things reported by users, so as to make sure VIBO LIVE stay safe. All users are welcome to contact VIBO LIVE by sending email to support@VIBOlive.com or using in-app feedback.
4.11 Live streaming contents are monitored by our staff 24 hours a day and 7 days a week to check if these contents comply with Community Convention of VIBO LIVE. Any content violating rules shall be removed. Accounts violate Community Convention will be penalized. Serious or repeated violations which attempt to upload prohibited content for more than one time will result in account being banned permanently. If an account is banned permanently, user is not allowed to create a new account any more. In addition, VIBO LIVE will cooperate with law enforcement requests and court order as deemed necessary.
5. Intellectual Property Rights
5.1 All text, data, images, graphics, audio and/or video information and
other materials within the Web Services provided by VIBO LIVE are property
of VIBO LIVE are protected by copyright, trademark and/or other property
rights laws. Nothing in this Agreement shall be construed as conferring any
license of any intellectual property rights or such materials by VIBO LIVE
to the User. The User is prohibited from copying, displaying, downloading,
modifying, reproducing or creating any derivative works of such materials,
directly or indirectly published, performed, rewritten or republished for
performance or distribution purposes, or otherwise used for commercial
purposes without prior written consent from VIBO LIVE. The entirety or any
part of such information may only be stored on a computer for private and
non-commercial use. In further consideration of the unique nature of the
Web Services, VIBO LIVE shall not bear any liability for any loss or damage
incurred by the User by using the Web Services, any compensation, in any
form, to the User or any third party for delays, inaccuracies, errors or
omissions, interruption or defect arising from the production, the
operation, transmission, transfer or submission, communications-line
failure, theft or destruction of all or part of the aforementioned
information, nor for any losses or damages arising from, or caused by, such
inaccuracies, errors or omissions or any unauthorized access of the Web
5.2 Any intellectual property rights of any software (including, but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party used by VIBO LIVE in the provision of Web Services belong to such third party copyright holder. The User may not reverse engineer, decompile or disassemble such software without the prior permission of the copyright holder.
5.3 By providing live-feed content or by uploading other content including but not limited to files, photographs, links, texts and images, User agrees to give VIBO LIVE (including and all other users of the Web Services) an irrevocable non-exclusive royalty-free rights to use the UGC or any other content and their selection and arrangement for any purpose including publication, display, modification, and creation of derivative works.
6. Privacy Protection
6.1 The protection of user privacy is a fundamental policy of VIBO LIVE.
VIBO LIVE guarantees that it will not publicly disclose or provide a third
party with an individual user's registered information or non-public
content, which is stored in VIBO LIVE during the use of Web Services.
However, the following circumstances are excluded:
6.1.1 When prior express authorization is obtained from the User;
6.1.2 When and as required by applicable laws and regulations;
6.1.3 When and as required by relevant competent authorities of the government;
6.1.4 When it is necessary to safeguard the public interest;
6.1.5 When it is necessary to safeguard the legal rights and interests of VIBO LIVE;
6.1.6 When the User violates relevant laws, regulations and rules, VIBO LIVE shall cooperate with local authorities, comply with court orders, and collect and report relevant privacy information to the relevant authority.
6.2 VIBO LIVE may collaborate with a third party to provide the User with relevant Web Services. In this scenario, VIBO LIVE has the right to share the User's registered information with a third party, if the third party agrees to bear responsibility for providing privacy protection equivalent to that of VIBO LIVE.
6.3 Under the condition that no private information of an individual user is disclosed, VIBO LIVE has the right to analyze the entire user database and utilize the database for commercial purposes.
6.4 The User acknowledges and agrees that the User may, directly or indirectly, provide any of its personal information through its use of the Web Services and as provided under this agreement. For the purposes of this article, the User hereby agrees and consents to the use of the User's personal information by VIBO LIVE.
6.5 The User hereby agrees and consents to the accessing of the User's phone contact list by VIBO LIVE, which may use such list to identify potential video chat partners for the User and may send invitation to them to join a video chat session or to do any other activities that are not forbidden by applicable laws.
7.1 The User expressly agrees that he/she shall be fully responsible for
any risks involved in using VIBO LIVE Web Services. The User shall also be
responsible for any and all consequences arising from the Use of VIBO LIVE
Web Services, and VIBO LIVE shall not bear any liability to the User.
7.2 Under no circumstance does VIBO LIVE guarantee that the Web Services will satisfy the User's requirements, or guarantee that the Web Services will be uninterrupted. The timeliness, security and accuracy of the Web Services are also not guaranteed. The User acknowledges and agrees that the Web Services is provided by VIBO LIVE on an "as is" basis. VIBO LIVE make no representations or warranties of any kind express or implied as to the operation and the providing of such Web Services or any part thereof. VIBO LIVE shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Web Services and shall not be responsible for any consequences which may arise from the User's use of such Web Services.
7.3 VIBO LIVE does not guarantee the accuracy and integrity of any external links that may be accessible by using the Web Services and/or any external links that have been placed for the convenience of the User. VIBO LIVE shall not be responsible for the content of any linked site or any link contained in a linked site, and VIBO LIVE shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Web Services by the User. Moreover, VIBO LIVE shall not bear any responsibility for the content of any webpage that the User is directed via an external link that is not under the control of VIBO LIVE.
7.4 VIBO LIVE shall not bear any liability for the interruption of or other inadequacies in the Web Services caused by circumstances of force majeure, or that are otherwise beyond the control of VIBO LIVE. However, as far as possible, VIBO LIVE shall reasonably attempt to minimize the resulting losses of and impact upon the User.
7.5 The User agrees that VIBO LIVE shall not bear any liability for any losses arising from inadequacies in the quality of the following products or services provided by VIBO LIVE:
7.5.1 Web Services provided to the User free of charge;
7.5.2 any complimentary products or services offered to the User.
The User agrees to safeguard and maintain the interests of other users. If
the User violates the relevant laws and regulations, or any of the
provisions of this Agreement, and in doing so causes damages to VIBO LIVE
or any other third party, the User agrees to bear full responsibility for
compensation of any damages caused.
9. Changes to the Agreement
9.1 VIBO LIVE has the right to make changes at any time to any provision of
this Agreement. Once the contents of this Agreement have been modified,
VIBO LIVE will publish the contents of the modified Agreement directly on
VIBO LIVE website. This announcement shall be deemed to be a confirmation
that VIBO LIVE has notified users of the changes. VIBO LIVE may also inform
users of the details of the changes through other appropriate methods.
9.2 The User has the right to discontinue use of the Web Services if they do not agree to the changes made by VIBO LIVE to relevant provisions of this Agreement. Continued use of the Web Services shall be deemed as an acceptance of such changes.
10. Delivery of Notifications
10.1 Under the terms of this Agreement, all notifications sent to users by
VIBO LIVE may be delivered via a webpage announcement, email, text message
or post; such notifications shall be deemed to have been received by the
recipient on the date sent.
10.2 Notifications from the User to VIBO LIVE should be sent to the contact address, fax number, email address or other contact details officially issued by VIBO LIVE.
11. Other Terms
11.1 This Agreement constitutes the entire agreement of agreed items and
other relevant matters between both parties. Other than as stipulated by
this Agreement, no other rights are vested in either Party to this
11.2 If any provision of this Agreement is rendered void or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.
11.3 The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.