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however , because we want to protect you and other users and make sure your experience is positive , we reserve the right at all times -lrb- but will not have an obligation -rrb- to remove or refuse to distribute any user content on the service , to suspend or terminate users , and to block participants of viber public chats without liability to us , including where such user content , in our sole discretion , violates these terms , including these house rules , the public chat & public accounts terms & guidelines or any additional terms , or that we otherwise find objectionable .

we also reserve the right to respond to user support requests or reports provided through the viber app , or protect the rights , property or safety of viber , its users and the public .

-lrb- a -rrb- public chats : the service allows users to follow public chats conducted on the service .

public chats are conversations held between groups of participants who have a common interest or affiliation , and are chatting amongst themselves , on viber , while any viber user choosing to follow such public chat -lrb- `` viber public chat '' -rrb- publically views the chat .

viber public chats may include content that is not suitable for children and therefore , persons viewing , following or participating in a public chat must be at least 13 years old .

please review the public chat & public accounts terms & guidelines and the content guidelines -lrb- which are part of these terms -rrb- to understand more about what 's prohibited on viber public chat and what terms apply when you use this feature .

you can always unfollow a viber public chat if you find it to be unsuitable for you in any way .

viber does not undertake to monitor public chats or other forums , and the content posted on public chats and other forums is not the responsibility of viber .

-lrb- b -rrb- comments : when you use our public forums , your content is public and you allowing anyone , on viber and elsewhere to view it and associate it with you .

your content will be used to help improve how we offer content to you and other users .

by posting or uploading any user content to viber , you specifically grant us the a non-exclusive , transferable , sub-licensable , royalty-free , worldwide license to use any intellectual property rights for the content that you share publicly on or in connection with our service .

this license will end once you delete such content or your account unless users who have seen the content saved it .

removed content may persist in backup copies for a reasonable period of time -lrb- but will not be available to others -rrb- .

our use of your user content .

viber will consider anything you provide to viber , including feedback , ideas or suggestions and/or contribute to this service as available for our use free of any obligations to you -lrb- including any payment -rrb- .

under no circumstances will we pay you for the use of your ideas or submissions .

if you believe that any materials accessible on or from the service infringe your copyrights , you may request the removal of those materials -lrb- or access thereto -rrb- by contacting our copyright agent .

please go to the dmca notification page to review our dmca notification guidelines and procedures -- viber dmca policy .

you may only use our service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing , distributing , or transmitting any unlawful material through this service , otherwise you may be exposed to criminal and/or civil liability .

you agree that if a third-party claims that material you have contributed to our service is unlawful , you will bear the burden of establishing that it is lawful .

you understand and agree that all materials publicly posted or privately transmitted on or through this service are the sole responsibility of the sender , not viber , and that you are responsible for all material you upload , publicly post or otherwise transmit to or through this service .

system abuse ; bulk messaging .

without limitation , you agree not to send , create , or reply to so called `` mailbombs '' -lrb- i.e. , sending copies of a single message to many users , or sending large or multiple files or messages to a single user with malicious intent -rrb- or engage in `` spamming '' -lrb- i.e. , sending unsolicited messages for business or other purposes -rrb- in addition , you agree not to send `` bulk messaging '' -lrb- i.e. sending messages for business or other commercial purposes -rrb- without written permission by viber , or undertake any other activity which may adversely affect the operation or enjoyment of this service by any other person , including placing malware on the service .

you may not reproduce , sell , resell , or otherwise exploit any resource , or access to any resource , contained on this service .

if you create a user account by selecting a password and providing your name , you are responsible for all activities that occur under your user account .

you agree to notify viber immediately of any unauthorized use of your user account or any breach of security with respect to your user account including your password .

viber will not be liable for any loss that you may incur as a result of someone else using your user account , either with or without your knowledge .

in addition , you may be held liable for any losses incurred by us or another party due to someone else using your user account .

viber shall be entitled to monitor your user account and password and , at its discretion , require you to change your password .

if you use a username and password that viber considers insecure , viber will be entitled to require this to be changed and/or terminate your user account .

you are prohibited from using any services or facilities provided in connection with this service to compromise security or tamper with system resources and/or accounts .

the use or distribution of tools designed for compromising security -lrb- e.g. password guessing programs , cracking tools , malware , or network probing tools -rrb- is strictly prohibited .

if you become involved in any violation of system security , viber reserves the right to release your details to system administrators at other sites , law enforcement and/or governmental authorities in order to assist them in resolving security incidents .

we aspire that you will always continue to share good vibes through the use of our service , but you may terminate your relationship with viber at any time .

if you are using our free service , you may simply cease to use the service .

if you registered for our `` viber out '' service -lrb- described above -rrb- , you can request that viber delete your account and our cancellation policy shall apply .

where permissible under the law , viber has the right to terminate your rights under our service without notice .

although we make great efforts to make our service error and interruption free , we can not promise that such efforts will result with such desired performance .

your use of this service is at your own risk .

no oral or written information or advice given by us shall create a warranty .

the service and all the materials , information , software , facilities , services and other content in the site are provided `` as is '' and `` as available '' without warranties of any kind , either express or implied .

to the fullest extent permissible pursuant to applicable law , viber , its parent rakuten and any subsidiaries or affiliated companies of viber -lrb- `` the viber group '' -rrb- disclaim all warranties , express or implied , including , but not limited to , implied warranties of merchantability , fitness for a particular purpose , and non-infringement .

the viber group does not warrant that the functions contained on or through this service will be available , uninterrupted or error-free , that defects will be corrected , or that the service or the servers that make the service available are free of viruses or other harmful components .

the viber group does not warrant or make any representations regarding the use or the results of the use of the material , information , software , facilities , services , or other content on the service or any websites linked to the service in terms of their correctness , accuracy , reliability , or otherwise .

the viber group makes no warranties that your use of the materials , information , software , facilities , services , or other content of the service will not infringe the rights of others and the viber group assumes no liability or responsibility for errors or omissions in such materials , information , software , facilities , services , or other content of the service or any other website .

if applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you , the above exclusions will apply to you only to the extent permitted by applicable law .

if you are accessing a united kingdom or luxembourg version of the service , nothing in this agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants , agents , or employees .

the viber group disclaims all liability , whether based in contract , tort -lrb- including negligence -rrb- , strict liability , or otherwise , and does not accept any liability for any loss or damage -lrb- direct , indirect , punitive , actual , consequential , incidental , special , exemplary , or otherwise -rrb- resulting from any use of , or inability to use , the service or any other site , app or service , or the material , information , software , facilities , services , or other content on the service or any other site , app or service , regardless of the basis upon which liability is claimed and even if any member of the viber group has been advised of the possibility of such loss or damage .

without limitation , you -lrb- and not any member of the viber group -rrb- assume the entire cost of all necessary servicing , repair , or correction in the event of any such loss or damage arising therein .

if applicable law does not allow all or any part of the above limitation of liability to apply to you , the limitations will apply to you only to the extent permitted by applicable law .

in no event shall our total liability to you for all damages -lrb- other than as may be required by applicable law in cases involving personal injury -rrb- exceed the amount of fifty dollars -lrb- $ 50.00 -rrb- .

the foregoing limitations will apply even if the above stated remedy fails of its essential purpose .

you agree to indemnify and hold harmless the viber group from and against any and all claims , demands , liabilities , costs or expenses , including reasonable attorney 's fees , resulting from your breach of these terms , including any of the foregoing provisions , representations or warranties , from your placement or transmission of any content onto viber 's servers and/or from any and all use of your user account .

if you have a dispute with one or more users -lrb- including game developers and/or merchants -rrb- , you release the viber group from claims , demands , liabilities , costs , or expenses and damages -lrb- actual and consequential of every kind and nature , known and unknown , arising out of or in any way connected with such disputes -rrb- .

in entering into this release , you expressly waive any protections -lrb- whether statutory or otherwise -rrb- to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release .

viber may seek to gather information from a user who is suspected of violating these terms and from any other user .

viber may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice .

if viber believes , in its sole discretion , that a violation of these terms has occurred , it may edit or modify any submission , posting or emails , remove the material permanently , cancel postings , warn users , suspend users and passwords , terminate accounts , or take other corrective action it deems appropriate .

viber may fully cooperate with any law enforcement authorities or court order requesting or directing viber to disclose the identity of anyone posting any content , or publishing or otherwise making available any materials that are believed to violate these terms .

by accepting this agreement you waive and hold harmless all members of the viber group from any claims resulting from any action taken by any member of the viber group during or as a result of its investigations and/or from any actions taken as a consequnce of investigations by either a member of the viber group or law enforcement authorities .

viber reserves the right to modify or discontinue , temporarily or permanently , all or any part of this service and/or any software , facilities , and services on this service , with or without notice and/or to establish general guidelines and limitations on their use .

we make no representation that our service is available for use or permitted by law in any particular location .

to the extent you choose to access our service , you do so at your own initiative and are responsible for compliance with any applicable laws , including but not limited to applicable local laws .

you are responsible for complying with local laws , if and to the extent local laws are applicable .

you specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the united states or the country you reside in .

this service may link you to other sites on the internet and third party partners which cooperate with us to provide you certain services , such as western union .

these sites may contain information or material that some people may find inappropriate or offensive .

these other sites are not under the control of viber , and you acknowledge that -lrb- whether or not such sites are affiliated in any way with viber -rrb- viber is not responsible for the accuracy , copyright compliance , legality , decency , or any other aspect of the content of such sites , and that your use of such sites is subject to their respective terms of use .

the inclusion of such a link does not imply endorsement of any site by viber or any association with its operators .

viber can not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from viber since the third-party sites are owned and operated by independent retailers .

viber does not endorse any of the merchandise , nor has viber taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites .

viber does not make any representations or warranties as to the security of any information -lrb- including , without limitation , credit card and other personal information -rrb- you might be requested to give any third-party , and you irrevocably waive any claim against us with respect to such sites .

we strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties .

any area of this service that is accessed through any proprietary online service is subject to the rules , policies and guidelines of such proprietary online service .

the materials and all other content in this service are presented for the purpose of providing information regarding the viber services available in the united states and elsewhere .

to the extent permitted by law , and with the exception of section 8 -lrb- which will be construed in accordance with the faa and new york law -rrb- , these terms shall be governed by , construed and enforced in accordance with the laws of the state of new york , as they are applied to agreements entered into and to be performed entirely within new york .

binding arbitration of all disputes ; no class relief .

this section sets forth the exclusive way you can resolve any dispute you may have with us .

if you ever wish to seek any relief from us , you agree to do it only through arbitration , and you waive the ability to pursue class action .

-lrb- a -rrb- u.s. residents : to the fullest extent permissible by law , with the exception of disputes pertaining to viber 's intellectual property rights and certain statutory claims that , pursuant to law , are not arbitrable , any dispute of any kind between you and viber arising under these terms shall be resolved through binding arbitration pursuant to the jams streamlined arbitration rules and procedures on an individual basis with no class relief .

the arbitrator shall be a retired judge or justice of any new york state or federal court with substantial experience in the internet industry and shall follow new york substantive law in adjudicating the dispute , except that this section 8 -lrb- a -rrb- shall be construed as a `` written agreement to arbitrate '' pursuant to the federal arbitration act -lrb- `` faa '' -rrb- .

you and we agree that we intend that this section 8 -lrb- a -rrb- satisfies the `` writing '' requirement of the faa .

the hearing shall be conducted in the county that encompasses the billing address you have provided to viber .

for any claim in which you seek u.s. $ 10,000.00 or less , you shall have the choice as to whether the hearing is conducted in person , by telephone , or instead the arbitrator may decide the dispute without a hearing .

for those claims that the arbitrator determines are not frivolous , viber shall pay the costs and fees of jams and the arbitrator .

viber agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration .

agreement to these terms constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class action .

-lrb- b -rrb- non-u.s. residents : if any controversy , allegation , or claim -lrb- including any non-contractual claim -rrb- arises out of or relates to the service or the terms -lrb- a `` section 8 -lrb- b -rrb- dispute '' -rrb- , then you and we agree to send a written notice to the other providing a reasonable description of the section 8 -lrb- b -rrb- dispute , along with a proposed resolution of it .

our notice to you will be sent to you based on the most recent contact information that you provide us .

but if no such information exists or if such information is not current , then we have no obligation under this section 8 -lrb- b -rrb- .

your notice to us must be sent to us at [email protected] .

for a period of sixty -lrb- 60 -rrb- days from the date of receipt of notice from the other party , viber and you will engage in a dialogue in order to attempt to resolve the section 8 -lrb- b -rrb- dispute , though nothing will require either you or viber to resolve the section 8 -lrb- b -rrb- dispute on terms which either you or viber , in each of our sole discretion , are uncomfortable with .

if your section 8 -lrb- b -rrb- dispute against viber involves a paid viber service and we are unable to resolve it through dialogue -lrb- as described above -rrb- , viber will directive 2013/11/eu on consumer alternative dispute resolution .

the european commission online dispute resolution -lrb- `` odr '' -rrb- can be accessed at eu.europa.eu / odr .

this service is controlled and operated by viber media , s.à r.l. , a société à responsabilité limitée incorporated under the laws of the grand duchy of luxembourg , with registered office at 2 , rue des fossé , l-1536 luxembourg , grand duchy of luxembourg , and registered with the trade and companies register of luxembourg .

please forward any comments or complaints about the service to [email protected] .

please forward any questions regarding privacy to [email protected] and other legal matters to [email protected] .

if any provision of these terms are adjudged , by written decision , to be unlawful , void , or for any reason unenforceable , then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions .

this is the entire agreement between you and viber relating to the matters contained here and the service .

in the event you read these terms in any language other than english , you agree that in the event of any discrepancies , the english version shall prevail .