Supporting our Frontline Heroes Participation Terms
Healthcare workers (and frontliners like hospital staff, administrators, food workers) around the world are spending their days away from their families and risking their lives to protect people during this time. Our goal is to give thanks and implicitly spread awareness on why we are staying at home: to protect the frontliners that are protecting us. For this purpose, we have created a chatbot to which Viber users can send thank you videos to healthcare workers on the frontlines, and the healthcare workers, and all Viber users, may to view these videos in a dedicated community that we created.
Please note that you are providing your information to Viber and the information you provide will be used in accordance with the terms set forth herein and the Viber privacy policy, which may be found at: https://www.viber.com/terms/viber-privacy-policy/.
1. HOW TO PARTICIPATE:
Participants may participate by submitting an appreciation video to the designated ‘Thank You, Frontline Heroes’ Chabot with the additional optional information set forth below.
OPTIONAL INFORMATION:
• Provide full name
• Provide State
Each video Submission must be:
• 60 seconds in length
• Mp4 format
• shot vertically
For your video submissions, Viber encourages you to be innovative, creative, and clever, but please use good taste, keep the video, images, and/or artistic impression(s) free of obscenity or indecent material. Viber reserves the right to delete any videos, for any reason. Videos cannot defame, misrepresent or contain disparaging remarks about Viber, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Viber associates. By submitting, you acknowledge that your video(s) may be posted on Viber’s ‘Thank You, Frontline Heroes’ Community, and/or Viber’s app and website, and/or other social media resources such as Viber Facebook, Instagram, Twitter account(s) etc. in Viber’s sole discretion, and shared further. Viber has no obligation to use or post any video you submit. Viber shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the videos and/or entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. Videos that are not in accordance with the guidelines as stated herein, incompliant with Viber policies, contain prohibited content or are not received during the participation period will be ineligible.
2. Content Requirements:
All video(s) must be the original work of the participant and not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy/publicity. Videos may not contain any of the following content as determined by Viber in its sole discretion: (a) sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially-dangerous activity; (b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) is obscene or offensive, endorses any form of hate or hate group; (d) contains trademarks, logos or trade dress owned by others, or advertises or promotes any brand or product of any kind, or contains any street addresses or geolocation information; (e) defames, misrepresents or contains disparaging remarks about other people or companies; (f) communicates messages or images inconsistent with the positive images and/or good will to which Viber wishes to associate; (g) contains copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Web sites, television, movies or other media) without permission; (h) contains materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and (i) depicts, and cannot itself, be in violation of any law.
By submitting a video, you warrant and represent that it: (a) is your original work; (b) has not been previously published; (c) has not received previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from any third party who appears in the entry or whose name, likeness, voice or other proprietary right is used in the entry, if any; and (f) that publication of the entry via various media including Web posting, will not infringe on the rights of any third party.
Any participant that violates these Content Requirements will indemnify, defend and hold harmless Viber from any claims resulting therefrom. Any video that, in the sole opinion of Viber, is deemed to be inappropriate for publication is ineligible. Incomplete, illegible, false, deceptive or garbled entries are not eligible. Images that violate or infringe upon another person’s rights, including copyright, are not eligible.
VIDEOS POSTED TO VIBER OR OTHER SOCIAL MEDIA ACCOUNTS ARE NOT EDITED BY VIBER AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF VIBER IN ANY MANNER.
Any waiver of any obligation hereunder by Viber does not constitute a general waiver of any obligation to participants.
LICENSE. By submitting video, the participant agrees that his/her/their video will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the participant irrevocably assigns and transfers to Viber all of his/her/their right, title and interest in and to his/her/their entry, including all but not limited to all copyright and trademark rights which he, she, or they may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Participant hereby waives in favor of Viber, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her/their entry. Participant agrees that Viber may use entry for any and all purposes, including, without limitation, advertising, publicizing, and promoting the business of Viber, and affiliated entities of Viber, in any and all media, including, without limitation, electronic, print, and social media, websites, television, radio, and streaming broadcasts, and webcasts, on a worldwide basis, without any additional compensation to participant.
Viber reserves the right to alter, change or modify any video submission, in its sole discretion.
By submitting a video, participant agrees that: (i) the entry is gratuitous and made without restriction, and will not place Viber under any obligation; (ii) that Viber is free to disclose the ideas contained in the entry on a non-confidential basis to anyone; and (iii) otherwise use the ideas without any additional compensation to participant. Participant acknowledges that, by acceptance of entry by Viber, Viber does not waive any rights to use similar or related ideas previously known to Viber, or developed by its employees, or obtained from sources other than participant.
3. DISCLAIMER AND LEGAL WARNING:
In no event will Viber be liable for any administrative, human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, social media mandate or any other causes beyond the control of Viber that corrupt or affect the security, of the videos submitted, Viber reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this campaign without notice.
LEGAL WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR UNDERMINE THE LEGITIMATE OPERATION OF A VIBER WEBSITE, APP, OR SOCIAL MEDIA ACCOUNT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, VIBER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
4. VENUE/GOVERNING LAW:
Any and all disputes, claims and causes of action arising out of, or connected with, these terms, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in New York, New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these terms shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than New York. Any waiver of any obligation hereunder by Viber does not constitute a general waiver of any obligation to Participants.
5. SEVERABILITY:
The invalidity or unenforceability of any provision of these terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
6. CONTACT:
Please direct any questions, comments, or complaints regarding these terms to support@viber.com
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