IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE VIBIE MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THE PRODUCTS, OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT DOWNLOAD OR USE THE SOFTWARE OR USE THE SERVICES, OR CLICK “I ACCEPT”.
This end-user license agreement (this “EULA”) is between you (“you”), as either an individual or as a business entity, and Donuts Bangkok Co., ltd. (“Company,” “we,” “us,” or “our”) governing your use of all mobile software applications the Company makes available for download, including but not limited to the VIBIE mobile application (each, an “App” and together, the “Apps”), and the related website located at https://vibie.live and/or any other website(s) owned or controlled by or on behalf of Company (collectively, the “Websites,” and collectively with the Apps, the “Service”).
In consideration for your use of the Service, you agree as follows:
Company’s license.
License. You acknowledge that you have only a non-exclusive and limited right to use the Service for personal (i.e. non-commercial) purposes as set forth in this EULA. You may not reverse engineer, decompile or disassemble the Service or attempt to gain access to the source code for the Service, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
Trademarks. The Company trademarks, service marks, and logos (the “Company Trademarks”) used and displayed on the Service are the Company’s registered and unregistered trademarks or service marks. Other product and service names located on the Service, if any, may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively, with the Company Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage the Company or the applicable third-party, the Company’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without the Company’s prior express written consent. All goodwill generated from the use of any Company Trademark will inure solely to the Company’s benefit.
You will not transfer or assign the Service or this EULA and/or any rights or obligations hereunder without the prior written consent of the Company.
Your rights under this EULA will automatically terminate if you breach any of your material obligations under this EULA. Upon any termination of this EULA, you will promptly destroy all copies of the Service and cease all use thereof after such termination.
Restrictions. The Apps are provided “as is” without warranties of any kind and the Company’s liability to you is limited. The Company hereby reserves all rights not expressly granted to you in this Section 1. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any Company Content (defined below) or Trademarks located or displayed therein.
General Terms And Conditions.
Changes to this EULA. You understand and agree that the Company may change this EULA at any time in its sole discretion without prior notice, provided that the Company will use reasonable efforts to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised EULA. If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates the Company provides to you that replace and/or supplement any portion of the Service, unless such update is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section , no revisions to this EULA will apply to any dispute between you and the Company that arose prior to the effective date of such revision.
Additional Agreements & Terms. Your access to and use of the Service is also subject to the Company’s Privacy Policy, Terms of Service, and Community Policy (collectively, “Additional Agreements”), including any additional terms which are added to such Additional Agreements and made available to you from time to time. The terms and conditions of the Additional Agreements can be found directly on the App and the Websites, and are incorporated herein by reference.
Jurisdiction. The Service is controlled and operated by the Company from its offices in Bangkok, Thailand. The Company makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than Thailand. Those who choose to access or use the Service from locations outside Thailand, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited
Age Eligibility. The Service is restricted for use by any persons under the age of 13 or for any users previously removed from the Service by Company. Before downloading, installing, or using the Service, you affirm that you are either seventeen (17) years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms of this EULA. In any case,IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU ARE HEREBY EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DELETE ALL THE FILES IN CONNECTION THEREOF IF ALREADY INSTALLED.
Mobile Services. The Service is accessible via mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your use of the Mobile Services is hereby an acknowledgement and acceptance of your mobile carrier’s normal messaging, data, and other rates and fees, which may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier; not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for verifying with your mobile carrier as to whether the Mobile Services are available for your mobile device(s), and what restrictions or additional cost, if any, may be applicable to your use thereof.
User Account
Password Safety. In order to access the full benefits of the Service, you must download the Apps and login with your own set of username and password from your personal social network account (the “Account”). You are responsible for the security of your Account, including safeguarding your password and/or credentials used to access the Service, as well as any activities that occur through your use of such password and credentials. If you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account, you must notify the Company immediately at: info@vibie.live. The Company will not be liable for any loss or damage arising from any unauthorized use of your password and/or credentials prior to you notifying the Company of such unauthorized use or loss thereof.
Terms of Service; Users. The Service enables you to create, transmit, and view live stream audiovisual content (“Broadcast Content”). All users of the Service who view and/or transmit User Content are referred to herein collectively as “Users.”
Public Accounts. All User activity on the Service, including the broadcasting of and commenting on any Broadcast Content is publicly available on the Service. Notwithstanding the guidelines and restrictions set forth in our Terms of Service and Community Guidelines, User discretion on the Service is advised.
USER CONDUCT.
As a user of the application you may submit content. You agree that you will not post or upload any content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with the provision of the application. You agree that you will be solely responsible (to the Company, and to others) for all activity that occurs under your VIBIE account and for all the contents you publish through the application. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the application and its sites. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the application or upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
CONTENTS
Donuts Bangkok Co., ltd. hereby grants you permission to access and use the application and generate contents, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part. You agree to not use the Software Product to generate contents that:
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question.
you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
infringes any patent, trademark, trade secret,copyright or other proprietary rights of any party;
transmits or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or ‘stalk’ or otherwise harass another.
All objectionable contents in any ways mentioned above will be monitored, reported and deleted from the application, and the abusive users will be ejected and prohibited from using the application.
The Company does not claim ownership of content you submit or make available for inclusion on the application. However, with respect to content you submit, you grant the Company a license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the application.
IN-APP GAMES, CONTESTS, AND LOTTERIES
Aside from viewable contents, the Application may include games, contests, and lotteries, each of them with different rules applied. The Users are required to read the rules, and participate only when they are able to accept the rules. Rewards may be provided through these games, contests and lotteries for certain users. These rewards are distributed solely from Donuts Bangkok Co., Ltd. and Apple is not a sponsor of these rewards.
RESERVED RIGHTS
The Company reserves the right to access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Terms and Conditions; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property or personal safety of the Company, its users and the public. You further acknowledge, consent and agree that all users may take down contents of which they themselves are recipient or sender without the need to provide any justification thereof.
LINKING POLICY
The application may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY COMPANY THE COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE APPLICATION. Donuts Bangkok co., ltd. makes no warranty that the application will meet your requirements or operate under your specific conditions of use. the Company makes no warranty that operation of the application will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE APPLICATION SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE APPLICATION TO MEET YOUR REQUIREMENTS. THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, ITS DIRECTORS, OFFICERS,EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE APPLICATION, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE COMPANY OR ANY OTHER PARTY, EVEN IF THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE COMPANY’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
LIMITATION OF REMEDIES AND DAMAGES
Your remedy for breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the application. Selection of whether to correct or replace shall be solely at the discretion of the Company. The Company reserves the right to substitute a functionally equivalent copy of the application as a replacement. If Company is unable to provide a replacement or substitute application or corrections to the application, your sole alternate remedy shall be a refund of the purchase price for the application exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Company to have been caused by you. All limited warranties on the application are granted only to you and are non-transferable. You agree to indemnify and hold the Company harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
GOVERNING LAW
This Agreement is governed by the laws of Thailand, without regard to Thailand ‘s conflict or choice of law provisions.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
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