Last Updated: 25 January 2025
Welcome to Vituber! These Terms of Use ("Terms") govern your access to and use of the Vituber website (vituber.my.id), the Vituber mobile application ("App"), and all related services, features, content, and applications offered by Vituber (collectively, the "Services"). Vituber is operated by Vituber.my.id ("Vituber", "we", "us", or "our").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
By creating an account, downloading the App, or otherwise accessing or using our Services, you confirm that you can form a binding contract with Vituber, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on the Services, or where the App is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference.
You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different from 18) to create an account on Vituber and use the Services. By creating an account and using the Services, you represent and warrant that:
If you do not meet these requirements, you must not access or use the Services.
To use certain features of the Services, you will need to create an account. When you create an account, you agree to:
You may not use another user's account without permission. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or to reclaim usernames without liability to you.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, "User Content") that you submit, post, or display on or via the Services.
You agree not to use the Services to:
We reserve the right, but are not obligated, to remove or modify User Content or terminate or suspend your account for any reason, including, but not limited to, violations of these Terms or our Community Guidelines (if any).
5.1. Your Rights: You retain all of your ownership rights in your User Content. However, by submitting, posting, or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Vituber's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
5.2. Responsibility for UGC: You are solely responsible for your User Content and the consequences of posting or publishing it. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms.
5.3. Monitoring and Removal: We have the right (but not the obligation) to monitor, refuse, or remove any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any User Content posted by you or any third party.
The Services and their original content (excluding User Content), features, and functionality are and will remain the exclusive property of Vituber and its licensors. The Services are protected by copyright, trademark, and other laws of both Indonesia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vituber. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, except as expressly permitted by these Terms.
We may offer certain premium features or subscriptions ("Premium Services") for a fee. If you choose to purchase Premium Services, you agree to pay the fees disclosed to you for the Premium Services you select.
Vituber reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vituber shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
We may also revise these Terms from time to time. The most current version will always be posted on our website and within the App. If a revision, in our sole discretion, is material, we will notify you (for example, via email to the email address associated with your account, through the Services, or by posting a notice on our website). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.
9.1. Termination by You: You may terminate your account at any time by following the instructions within the Services or by contacting us at support@vituber.my.id. Termination of your account will result in the deletion of your profile and associated User Content, subject to our data retention policies outlined in the Privacy Policy.
9.2. Termination by Us: We may, in our sole discretion, suspend, disable, or terminate your access to or use of the Services, or your account, at any time, for any reason or no reason, with or without notice, including if we believe that you have violated these Terms or engaged in any conduct that we deem to be harmful to the Services, our users, or our reputation.
9.3. Effect of Termination: Upon termination, all licenses and rights granted to you in these Terms will immediately cease. Provisions that, by their nature, should survive termination of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VITUBER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
VITUBER MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
VITUBER DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS. USE THE SERVICES AT YOUR OWN RISK. VITUBER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITUBER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF VITUBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL VITUBER'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID VITUBER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Vituber, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
These Terms shall be governed by and construed in accordance with the laws of Indonesia, without regard to its conflict of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Jakarta, Indonesia before one arbitrator. The arbitration shall be administered by BANI (Indonesian National Arbitration Board) pursuant to its BANI Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Alternatively, you agree to submit to the personal jurisdiction of the courts located in Jakarta, Indonesia for the purpose of litigating all such claims or disputes, if arbitration is not chosen or applicable.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and Vituber concerning the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Vituber with respect to the Services.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Vituber's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please contact us at:
Email: support@vituber.my.id