The Viber Policies and the following Guidelines will apply to you either as an Administrator of a Public Account or as a Guest, Follower or Subscriber in a Public Account or Public Chat, all as further defined below.
1. PUBLIC CHATS
1.1 What is Public Chat? The Public Chat feature enables users of the Viber App (“Viber Users”) to share content, engage in conversations and create “public chats” between other Viber Users who may have a common interest or affiliation (each a “Public Chat”), and provides the ability to digitally “follow” particular Public Chat and watch all content and other information introduced in it. Viber Public Chat also allows you to set up your own Public Chat as a “Public Chat Administrator”, having between 2-100 other Viber Users or “Participants” who can participate in such Public Chat, and which will be made public and available for any Viber User to follow. When you publish content or information using the Viber Public Chat, it means that you are allowing all Viber Users to access and use that information, and to associate it with you (i.e. your name and profile picture, and, if you activate your location button on the chat screen, your location if you choose to attach it to your messages).
1.2 Public Chat Administrator Obligations. As a Public Chat Administrator, you will be the initiator of a Public Chat and you have the right and ability to add or remove Participants of the Public Chat you have initiated, as well as delete content posted by any of the Participants. Participants can only remove the content that they posted. There can be more than one Public Chat Administrator for each Public Chat. Participants in a Public Chat shall be added by the Public Chat Administrator and will be subject to these Guidelines and Viber Policies and in compliance with all applicable laws and regulations.
1.3 Following a Public Chat.
1.3.2 You agree to only use the Public Chat service for lawful purposes. In this respect, you shall not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you; (b) use any type of spider, virus, worm or Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or dissemble the Public Chat software or any communication; (c) send any unsolicited communication not permitted by law; (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use Public Chats to cause or intend to cause embarrassment or distress to, or to threaten, harass, or invade the privacy of any third party; or (f) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.
1.3.3 When you choose to follow a certain Public Chat, you agree and opt-in to receive from Viber and/or the Public Chat Administrator of the Public Chat notifications related to such Public Chat.
2. PUBLIC ACCOUNTS
2.1 PUBLIC ACCOUNT GUESTS, FOLLOWERS OR SUBSCRIBERS. You must be at least 13 years old to use the Viber App and/or the Public Chats (the same age you must be to use all Viber services). The Public Accounts feature enables you to view as guests, follow or subscribe to Public Accounts. When you visit a Public Account without Following it or Subscribing to it, you will be a “Guest” of a Public Account. As a Guest, if you click the “follow” button, you become a Follower of the Public Account and automatically a Subscriber of the Public Account as well. As a “Follower” of a Public Account, you may receive notices of updates to the content available in the Public Account and in the Public Chat within the Public Account. As a “Subscriber” of a Public Account, you will be able to send and receive one-on-one messages in the Public Account. When you send a message to a Public Account you will automatically become a Subscriber of the Public Account with all that it entails. At any time, you can “unfollow” or unsubscribe” or both “unfollow” and “unsubscribe” from any Public Account by clicking on the “unfollow” and/or “unsubscribe” button.
2.2.1 Adding Public Account Administrators. There can be more than one Public Account Administrator for each Public Account. The first Public Account Administrator may add additional Public Account Administrators to its Public Account, provided that each new Public Account Administrator shall also be subject to these Guidelines and the Viber Policies. You may add Public Account Administrators to your Public Account in various ways.
2.2.2. Public Account Administrator Liability. Each Public Account Administrator will be jointly and severally liable towards Viber and Viber Users for each Administrator’s acts or omissions, including without limitation, for any breach of Viber Users’ privacy and security of information, any breach of the Viber Policies or any breach of laws and regulations, all even once a Public Account Administrator has left such Public Account. Therefore, you should only add Public Account Administrators that you trust.
2.2.3 Administering a Public Chat. As a Public Account Administrator, you will also automatically open and administer one Public Chat within your Public Account under the terms above. Any reference to the Public Account shall include the Public Chat included in such Public Account.. As a Public Account Administrator, you may invite other Viber Users as Public Chat Participants to your Public Chat, subject to their full consent to these Guidelines and the Viber Policies.
2.2.4 Integrating Your Public Account with Third Party Platforms. As a Public Account Administrator, you may also automate your Public Account messages and conversations with your Subscribers or integrate them with third party platforms via Viber’s Application Programming Interface (“Public Accounts API”). If you do so, you are liable towards Viber and Viber Users for such third party’s acts in connection with any access you provide to your Public Account and your conversations, including without limitation, for any breach of Viber Users’ privacy and security of information, any breach of the Viber Policies or any breach of laws and regulations, all even once you’ve left such Public Account. Therefore, you should only use third parties that you trust and which are obligated to comply with these Terms.
2.2.5 Automatic Subscription to Viber Public Account. Once you have become a Public Account Administrator of your own Public Account, you will automatically become a Subscriber and Follower of the Public Accounts administered by Viber, if any, in order to allow us, amongst other things, to provide you with useful information and notifications relating to Public Accounts. Of course, you may always elect to unfollow and unsubscribe from such Public Accounts at any time.
3. PUBLIC CHAT & PUBLIC ACCOUNT ADMINISTRATOR OBLIGATIONS
3.1 As an Administrator, you undertake to ensure that all content uploaded and displayed in a Public Chat or your Public Account, complies with Viber’s Public Content Policy and all applicable laws and regulations as well as to these Guidelines and the Viber Policies and that you will not engage in or permit third parties to engage in any behavior that is prohibited under any of them. You understand that Viber is not responsible for any content you provide and/or for any loss of data or content. You own, control and are responsible for all content, including photographs, images, video and audio content that you transmit, disclose, disseminate or otherwise distribute, or content that you elicit, collect or store using the Public Account and you shall not take any unlawful or improper actions with respect to such content in violation of Viber’s or any third parties’ rights or applicable laws and regulations. Viber may remove any or all content if it deems that such content is unauthorized or illegal or violates these Guidelines or any other Viber Policies. You must ensure that you store and backup any data that is important to you, as Viber does not store your content or data.
3.2 You are not permitted to establish terms for your Public Account that conflict, or are inconsistent, with these Guidelines and/or the Viber Policies. An Administrator is responsible for ensuring that access to its Public Account is restricted (through available Viber gateway restrictions) insofar as is required to ensure compliance with applicable laws and regulations, these Guidelines and the Viber Policies. Viber may remove any or all content if it deems that such content is unauthorized or illegal or violates these Guidelines or any other Viber policies.
3.3 Any agreement or engagement you may have with any third party in connection with your Public Chat and/or Public Account must comply, and not conflict, with these Guidelines and the Viber Policies. All third party use of the Public Accounts on your behalf is subject to these Guidelines and the Viber Policies and you shall remain liable for the conduct of such third parties acting on your behalf. You may not facilitate or encourage the violation of these Guidelines or the Viber Policies in any manner whatsoever or through any third party. If you administer a Public Account on behalf of a third party, you must ensure that you have all authority, approvals and rights to act on behalf of such third party.
3.4 As an Administrator, you may only send one-on-one messages to Viber Users who have subscribed to receive messages under your Public Account. You may not send messages to any Subscriber or Viber User who has requested not to receive any messages from you or has unsubscribed from your Public Accounts, at any time. We reserve the right to limit the period of subscription of Subscribers and your right to send messages to Subscribers who have become an Inactive Subscriber. An “Inactive Subscriber” is a Subscriber of a Public Account who has not initiated a one-on-one message with the Administrator for a certain period of time, which period of time may be determined by Viber in its sole discretion.
4. OFFICIAL PARTY PUBLIC ACCOUNTS
4.1 A Public Account for an entity, organization, brand, place or public figure (an “Official Party”) may be administered only by an authorized representative of that entity, organization, brand, place or public figure.
4.2 Any Public Account created for the purpose of expressing an interest in, or support for, an Official Party shall not mislead others into thinking it is an official page of such Official Party, or violate the personal, privacy, proprietary or other rights of any third party.
4.3 If your Public Account is not the official Page of an Official Party, you must: (a) not speak on behalf of, or post content to mislead Viber Users to think the source of the content and its subject matter is from the authorized representative of the Official Party; and (b) you must make clear that the Public Account is not the official page of the Official Party.
5. PUBLIC ACCOUNT NAMES
5.1 Public Account names chosen by the Administrator must accurately reflect the content in the Viber Public Account.
5.2 You may change the name of your Public Account provided that it does not change the subject matter or content of the Public Account and its relationship with the name.
5.3 Public Account names must comply with certain terms and conditions defined by Viber in its sole discretion, and must not, for example:
- Include words that are all capitals, except for acronyms and only use grammatically correct capitalization;
- Include character symbols, such as excessive punctuation and trademark designations;
- Include names of a business or brand that is not your own business or brand or if you are unauthorized to do so or if you are violating applicable copyright or trademark laws;
- Include excessive or unnecessary descriptions or explanations; and/or
- Violate the personal, privacy, proprietary or other rights of any third party.
5.4 We may require you to change the Public Account name if the name fails to meet the above requirements, and in the event you fail to do so, we reserve the right to remove certain of your rights as an Administrator of your Public Account.
6. COLLECTION OF DATA
6.1 If you collect content and information directly from Viber Users by any means or through any third party, you will make it clear and understandable that you (and not Viber) are collecting it, and you will provide notice about and obtain Viber User’s consent prior to your collection and use of the content and information in accordance with all applicable privacy law, rules and regulations. Regardless of how you obtain content and information from Viber Users, you are responsible for securing all necessary permissions to reuse their content and information and are solely responsible for any failure to do so.
6.2 You will not collect Viber Users’ content or information, or otherwise access Viber, using automated means (such as harvesting bots, robots, spiders, or scrapers), without our permission or in any manner not permitted by the Viber App.
6.4 You must not use any data you may have received from Viber about Viber Users or other persons or entities you reach using the Services, except for the content of messages under your Public Account, for any purpose other than to support the messages and conversations you have with Subscribers within the Viber App.
6.5 Unless you obtain Viber’s prior written consent, you may not use or permit others to use the Public Chat or Public Account messages: (a) to share or ask Viber Users to share or provide payment card details, financial account numbers or other payment and cardholder data; or (b) to include a link from the message to an external site where payment information may be collected.
7. PUBLIC ACCOUNT INFO SCREEN
7.1 All Info Screens of your Public Account are available to anyone who visits and views your Public Account.
7.2 You may choose to provide your contact information in your Info Screen, for example your email address.
7.3 Your Info Screen may not be deceptive, misleading, or infringe anyone else’s personal, privacy, proprietary or other rights. You must ensure that your Info Screen is correct, accurate and up-to-date.
8. PUBLIC ACCOUNT OFFERS
8.1 If you create an offer in your Public Account, the following terms and conditions shall apply:
8.1.1 You are responsible for ensuring that your offer complies with these Guidelines, the Viber Policies and all applicable laws, rules and regulations. Offers are subject to many regulations (e.g. alcohol and age restrictions, truth in advertising, etc.).
8.1.2 You may not make any offers directed to minors under the age of thirteen (13).
8.1.3 You may only run an offer if you are the merchant for or the manufacturer of a certain product or service that you are authorized and licensed to promote.
8.1.4 You must not offer unavailable products or services.
8.1.5 You must clearly describe in detail any restrictions, eligibility requirements and special terms on your offer (such as expiration date or limitations on redemption and refunds). You may not omit or conceal any relevant or important information, terms, conditions or fees prior to allowing for the purchase, installation or download of a product or service, or binding the Viber User by another undertaking.
8.1.6 You must obtain the Viber User’s explicit consent prior to allowing for the purchase, installation or download of a product or service or binding the Viber User by another undertaking.
8.1.7 You are solely responsible for your offer and any activities in relation thereto, including without limitation improper redemption, fraud, disputes or other issues that arise from the distribution or redemption of your offer.
8.1.8 If your offer is redeemable by a merchant who is not owned, controlled or operated by you, it is your sole responsibility to communicate with the merchant and ensure they honor your offer.
9. PUBLIC ACCOUNT PROMOTIONS
9.1 If you use the Public Account to communicate or administer a promotion or campaign of any sort, you are responsible for the legal operation of that promotion and for any activities in relation to such promotion or campaign, including, by clearly stipulating the rules, terms and eligibility requirements, and complying with applicable laws, rules and regulations governing the promotion and any applicable prizes, including rules relating to minors;
9.2 Promotions on Public Accounts must include the following:
9.2.1 A complete release of Viber and waiver of claims against Viber by each entrant or participant in the promotion.
9.2.2 Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Viber.
9.3 You may not promote services, activities or sites that collect personal information from Viber Users without their explicit consent or by deceptions, shams, scams or phishing.
9.4 Viber will not assist you in the administration of your promotion, and you agree that if you use the Viber App to administer your promotion, you do so at your own risk.
10. PROHIBITED ACTIVITIES
10.1 You will only use the Public Accounts for lawful purposes. In this respect, you may not, without limitation:
10.1.1 Intercept or monitor, damage or modify any communication which is not intended for you.
10.1.2 Use any type of spider, virus, worm, defects, trojan-horse, time bomb or any other malicious or infringing codes or instructions that are designed to distort, delete, damage or disassemble the Viber App, Public Accounts, the Public Accounts API or underlying software or any communication.
10.1.3 Use of the Public Accounts or the Public Accounts API in such a manner that disrupts, or interferes with, the normal and proper functioning and operation of Viber’s servers, systems and networks or that creates a security risk or threat to the Viber App or the Viber Users or that fails to comply with Viber’s documentation or other technical instructions relating to the Public Accounts API.
10.1.4 Send any unsolicited communication (“SPAM”) not permitted by applicable law or promote bulk marketing products, the purpose of which is to send SPAM, including bulk messaging, bulk email software, lists of email without opt-in of the Viber User.
10.1.5 Use the Public Accounts to promote false, misleading, dishonest, inaccurate, unrealistic or deceptive products or services or to otherwise mislead Viber Users.
10.1.6 Expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way or use Public Accounts to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party.
10.1.7 Use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.
10.1.8 Use the Public Accounts in any way directed to minors under the age of thirteen (13).
10.1.9 Omit or fail to disclose any information that may be applicable to a Guest, Follower or Subscriber or your Public Account and ensure that you may all relevant disclosures.
10.1.10 Use the Public Accounts to assist or enable direct conversations between Viber Users and healthcare providers or to send or collect any patient data or health-related data obtained from healthcare providers.
10.1.11 Use the Public Accounts in any manner which is considered by Viber as non-fair usage, including without limitation any use which is abnormal or unusual or takes a non-reasonable advantage of the ability to open Public Accounts freely.
11. PAYMENT. Viber reserves the right to charge for the use of certain features and services of the Public Account , which may have been provided for free. For further details regarding fees, charges and payment terms, please see our Payment Policy. We reserve the right to limit or apply terms to your ability to process payments and/or sell products or services via the Public Accounts.
13. CLOSING YOUR PUBLIC ACCOUNT OR PUBLIC CHAT. You can close your Public Account and/or Public Chat at any time. Viber may stop and close any Public Account and/or Public Chat or the use of a Public Account or Public Chat feature by a specific Administrator, Public Chat Participant, Follower, Subscriber or Viber User for any or no reason without liability in its sole discretion. In the event of any of the above, you will immediately stop any and all use of the applicable Public Accounts. Please note that content and information that you have previously shared with others, or posted, and which others have shared with you, may be maintained in the Public Accounts and Public Chats in which you have participated.
14. UPDATES. We may periodically make updates to the Services. You hereby consent to regularly downloading and allowing installation of updates in order to maximize benefits from the Services.
15. COMMENTS AND SUGGESTIONS.
15.1 We welcome and encourage comments regarding the Services, including notices on Service malfunctions, as well as suggestions for supplementary features and functionality. Although we are by no means obliged to answer or take action based on your comments and/or suggestions you may provide us with a basis for implementing them in the Services or in other products and services by us or our co-brands and affiliates. Feel free to email us at support(at)viber.com.
15.2 We appreciate your feedback and suggestions about the Service, however you understand and agree that we may use your feedback and/or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
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