We are happy that you wish to take part in the Rakuten Viber’s research program (the “Program“). The Program is designed to test new features, conduct market research, and gather feedback on products and services.
These Terms & Conditions (the “Terms“) govern your participation in the Program. By participating in the Program, you agree to be bound by these Terms, so please read these Terms carefully. If you do not agree to be bound by these Terms, you should refrain from participating in the Program. “Viber” means Viber Media S.à r.l., dba “Rakuten Viber” a company incorporated in the Grand Duchy of Luxembourg, having offices at 2 rue du Fossé, L-1536 Luxembourg.
Participation. In order to participate in the Program, you must be at the legal age of consent to form a binding agreement in your country (or older), but in any event not less than 16 years old. Your participation must not violate any local, state, or national laws or regulations that apply to you.
1. General
1.1. During the Term of the Program (as defined below), people who were randomly selected and contacted by Viber and offered to provide a feedback in any form, including but not limited to filling in a survey or signing up for an interview may participate in the Program (any such user, a “Participant”, or “you”).
1.2. By participating in the Program you agree to the collection and processing of the information you have provided or which were inferred from your responses or behavior during the Program. We will use this information to improve our products and services, better understand our users’ needs and preferences, develop new features, services, or products based on participant feedback and perform statistical and analytical studies to develop business strategy.
1.3. Any feedback, suggestions, or ideas (“Contributions”) you provide during your participation will become the property of Viber . You agree to assign all intellectual property rights in any ideas, suggestions, or feedback you provide during the course of the Program to Viber. You will not retain any rights to such intellectual property.
1.4. To the extent permissible under applicable law, you hereby irrevocably waive any and all moral rights (including but not limited to the rights of attribution, integrity, and the right to object to derogatory treatment) in your Contributions, as well as any rights to approve modifications or adaptations of your Contributions by Viber or its licensees. This waiver applies worldwide and is effective in perpetuity.
1.5. If the assignment of intellectual property rights in your Contributions is not possible under applicable law, you agree to grant Viber an irrevocable, perpetual, worldwide, royalty-free, fully paid-up or free, sublicensable, and transferable license to use, reproduce, modify, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit your Contributions in any manner and for any purpose, including but not limited to the development, marketing, and commercialization of Viber’s products and services. This license will allow Viber to use your Contributions in any medium, format, or technology (whether now known or later developed), without the need for further approval or compensation to you or any third party.
1.6. Participation is forbidden for employees of Viber and the rest of the Rakuten Group, and their family members or anyone else connected in setting up or administering the Program, including their relatives up to the second degree of consanguinity or affinity.
1.7. Viber may prohibit you from participating in the Program or from receiving the Incentive (or any other action it deems appropriate) if, in its sole discretion, it determines that you have not properly signed up for a timeslot, not properly participating in the Conversation, or you are attempting to undermine the legitimate operation of the Program by fraud, cheating, hacking, deception, other unfair practice or are in non-compliance with applicable Viber terms, app store/Google store terms or applicable law relevant to the Program or haven’t passed any Viber internal verification checks. You must complete all steps required and pass all eligibility criteria to receive an Incentive.
1.8. Participation in the Program is free of charge and does not require making any purchase or paying any fee to Viber. Participation in the Program is entirely voluntary. You may choose to withdraw at any time without penalty by ceasing to use the platform or informing us of your decision. Any data collected prior to your withdrawal will still be retained and used in accordance with these terms.
1.9. The Program shall take place as described in the Message or Survey and until ended by Viber in accordance with Viber’s sole discretion (the “Term”).
2. The Conversation
2.1. If you have signed up for an interview as described below (the “Message”) and agreed to participate in the Conversation as described in Section 2.3 below you consent to the recording of any Conversations (including but not limited to audio, video, or text-based conversations) that may occur during the Research Program. These recordings will be used solely for research and internal analysis purposes, and they will not be made public without your explicit consent. Additionally, you consent to the creation of transcripts, summaries and reports from these recorded conversations. Viber may use these documents, in whole or in part, for purposes such as improving products, conducting market research, and analyzing participant feedback.
2.2. The Participant will be requested to sign up for an interview time slot for the Conversation (as defined below) via face-to-face meeting and to confirm these Terms and Conditions.
2.3. If Viber has approved the selected time slot as notified to you via Viber chat, you will be required to participate in a recorded conversation which will be video-recorded (the “Conversation”).
2.4. Not all Participants who signed up for an interview time slot will be actually selected for conducting the Conversation.
2.5. You will need a certain level of Wi-Fi to participate in the Conversation.
2.6. You are responsible for being in a quiet, non-disruptive environment.
2.7. If you do not attend the Conversation at the agreed scheduled date/time and on the device agreed (e.g., Laptop/mobile phone) you may not receive your Incentive (as defined below).
3. Incentive payments
3.1 Participation in this Research Program is voluntary, and no compensation or rewards (“Incentive”) will be provided unless explicitly agreed upon in writing prior to your participation. If compensation is offered, it will be provided according to the terms specified separately in the research invitation or agreement.
3.2 The Incentive will be wired to you or otherwise transferred as agreed, subject and according to your payment details provided by you by then. If you do not do this, there may be a delay in processing your Incentive. You may be contacted by Viber or Viber’s service provider and requested to sign an acknowledgement for receiving the Incentive.
3.3 Viber shall not be liable for any delays or problems with the transfer of the Incentive after the Incentive payment has been processed. This includes (but is not limited to) incorrect bank details being provided, incorrect email addresses, account restrictions in place, or any other issues with your banking provider which prevent payment from being made.
3.4 Please note there may be a difference in your Incentive due to exchange rates/charges.
4. Confidentiality
4.1. During the participation in this Program, Viber’s Confidential Information shall be disclosed to the Participant. The Participant shall treat all material and information, including but not limited to, technical information, business information, financial information, any information in connection the concept of Viber Dating feature, and any other information and/or materials of a non-public and/or proprietary nature, which is disclosed or otherwise made available to the Participant under this Program as confidential (collectively, “Viber’s Confidential Information”), as strictly confidential.
4.2. The Participant shall not use Viber’s Confidential Information for any purpose other than for the limited purpose of performing its obligations under these Terms and Conditions. The Participant shall not disclose Viber’s Confidential Information to a third party or publish it via any media or any form, without Viber’s prior written consent (which consent shall be in Viber’s sole discretion).
4.3. Upon expiration or termination of the Program, or Viber’s written request at any time, the Participant shall promptly return any and all copies (by any form of media) of Viber’s Confidential Information to Viber.
4.4. Viber shall be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of any of the confidentiality provisions herein by the Participant. Such remedy shall not be the exclusive remedy for any breach of the confidentiality provisions herein, but shall be in addition to all other rights and remedies available at law or in equity. Viber shall have the right to seek such injunctive or other equitable relief in any court of competent jurisdiction.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIBER AND EACH OF ITS AFFILIATES, AND/OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR PARTICIPATION IN THE PROGRAM OR ANY OTHER CLAIM RELATED IN ANY WAY TO THE PROGRAM. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF VIBER HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VIBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
6. Miscellaneous
Any personal information collected under the Promotion will be collected, processed and used in accordance with Viber’s Privacy Policy, which is available at https://www.viber.com/terms/viber-privacy-policy/. Additionally, this information may be used by Viber or Viber’s service providers for providing the Incentive, including but not limited to name, email address and phone number.
The Program and these Terms are governed by the laws of England and Wales, without regard to the conflict of laws principles. As a condition of participating in this Program, a Participant agrees that any and all disputes which cannot be resolved between the parties hereto, and causes of action arising out of or connected with this Program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in London, UK. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including attorneys’ fees.
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