Terms of service

1. Eligibility

You must be legally capable of entering into a binding agreement to use the Service.

If you are under the age of majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian and only where permitted by applicable law.

If you use ViiBR on behalf of a company, band, organization, label, publisher, collective, or other entity, you represent that you have authority to bind that entity to these Terms.

ViiBR may establish additional eligibility requirements for particular features, contests, monetization programs, merchandise services, or other programs.

2. User accounts

Certain features require a registered ViiBR account.

You agree to provide accurate information, maintain the security of your account credentials, and promptly update information that becomes inaccurate.

You are responsible for activity conducted through your account except to the extent caused by ViiBR’s own acts or omissions.

You may not impersonate another person, falsely claim affiliation with another artist or organization, or use another person’s account without authorization.

ViiBR may suspend, restrict, or terminate accounts that violate these Terms, applicable law, or ViiBR policies.

3. User content

“Content” means material submitted, posted, uploaded, linked, transmitted, displayed, distributed, or otherwise made available through or to ViiBR by a user.

Content may include, without limitation:

• musical compositions;
• sound recordings;
• lyrics;
• music videos and other audiovisual works;
• photographs;
• illustrations and artwork;
• album and single artwork;
• names, artist names, logos, and branding;
• profile information;
• comments and messages;
• links to content hosted by third parties;
• contest submissions;
• stream submissions;
• playlists; and
• other creative or user-generated material.

Content may be hosted directly by ViiBR or may be hosted by a third-party service and submitted to ViiBR through a URL, embed, integration, or other mechanism.

4. Your content remains yours

You retain ownership of your Content.

Submitting, linking, posting, or uploading Content to ViiBR does not transfer ownership of your copyrights or other intellectual-property rights to ViiBR. ViiBR claims no ownership merely because Content appears on or is submitted through the Service.

However, to operate ViiBR and provide the uses you request, you grant ViiBR certain licenses described below.

5. License you grant to ViiBR

When you submit Content to ViiBR, you grant ViiBR a non-exclusive, worldwide, royalty-free, transferable and sublicensable license, for the duration described in these Terms, to use the Content as reasonably necessary to operate, provide, develop, administer, moderate, secure, and promote ViiBR and its services.

Depending upon the features you use and the permissions you select, this license may include the right to:

• host and store Content;
• reproduce Content;
• encode, transcode, compress, format, and create technical copies of Content;
• transmit and stream Content;
• publicly perform Content;
• publicly display Content;
• make Content available to ViiBR users;
• include Content in playlists, contests, events, showcases, and programming;
• permit authorized ViiBR hosts, DJs, curators, moderators, partners, and third-party streamers to play or display Content;
• create excerpts, clips, thumbnails, previews, promotional edits, and other limited derivative materials reasonably necessary to present or promote the Content or ViiBR;
• distribute promotional excerpts or, where appropriate to the promotional context, full Content through ViiBR-operated or ViiBR-authorized social-media channels, websites, streams, advertisements, promotional materials, and communications; and
• use associated titles, artist names, usernames, approved biographical information, artwork, logos, and other submitted identifying materials in connection with those uses.

This license is intended to allow ViiBR to operate and promote its platform, creators, programming, contests, streams, community, and related services. It does not transfer ownership of your Content to ViiBR.

Unless separately agreed with you, this license does not give ViiBR the right to sell ownership of your Content or license your Content for unrelated third-party commercial exploitation, such as using your song in an unrelated commercial advertisement, motion picture, television program, or video game.

6. Linked content

Content does not need to be physically uploaded to ViiBR for these Terms to apply.

If you submit a URL, embed, link, or other reference to Content hosted on another service, including music, video, artwork, or other Content, you represent that you have the authority to submit that Content for the purpose you select.

Submitting Linked Content constitutes authorization for ViiBR to access, display, play, stream, evaluate, judge, moderate, promote, or otherwise use the underlying Content to the extent reasonably necessary for the ViiBR feature, contest, stream, playlist, event, or other purpose for which you submitted it.

Submitting a link does not give ViiBR ownership of the linked Content. You remain responsible for complying with the terms applicable to the third-party service hosting that Content.

7. Public and private content

ViiBR may allow users to designate Content as public, private, unlisted, submission-only, or another visibility status.

Public Content may be discoverable, displayed, streamed, played, shared, or otherwise made available through ViiBR.

Private, unlisted, or submission-only Content will not intentionally be included in ViiBR’s general public discovery listings unless you later make it public or authorize such use.

However, submitting Content privately for a specific purpose, such as a contest, judging process, ViiBR stream, third-party ViiBR stream, moderation review, or other event, authorizes ViiBR and persons reasonably involved in that activity to access and use the Content for that purpose.

Private status does not prevent a user from independently sharing a link or Content with others outside ViiBR.

8. Streams, playlists, and third-party streamers

ViiBR may operate music streams, listening events, showcases, contests, playlists, live broadcasts, recorded programs, or similar programming.

ViiBR may also permit authorized third parties to create playlists, host listening events, curate Content, or stream Content submitted through ViiBR.

By submitting Content for such use, you authorize ViiBR to make the Content available to those authorized persons and grant ViiBR the right to sublicense the permissions reasonably necessary for them to perform the authorized activity.

Third-party streamers must comply with ViiBR’s rules and any supplemental streamer terms established by ViiBR.

ViiBR does not guarantee that submitted Content will be selected, played, promoted, reviewed, or otherwise used.

9. Promotional use

ViiBR exists in part to help creators and listeners discover one another. Accordingly, you authorize ViiBR to promote Content you make public or submit for promotional use.

Promotion may include excerpts or, where reasonably appropriate, full works on platforms such as social networks, video platforms, ViiBR-operated channels, ViiBR streams, promotional compilations, advertisements for ViiBR programming, newsletters, websites, applications, and other media.

ViiBR may identify you using the artist name, username, profile name, artwork, logo, biography, photograph, or other identifying materials that you have supplied for public or promotional use.

Unless separately agreed, ViiBR owes no additional compensation merely because it promotes Content pursuant to the license granted in these Terms.

10. Content ownership and rights warranty

YOU MAY SUBMIT CONTENT ONLY IF YOU HAVE THE LEGAL RIGHT TO DO SO.

By submitting Content, you represent and warrant that:

• you own the Content or possess all rights, licenses, permissions, and authorizations necessary to submit it;
• you have authority to grant ViiBR every license granted under these Terms;
• ViiBR’s authorized use of the Content will not infringe or violate any copyright, trademark, privacy, publicity, contractual, moral, or other proprietary right;
• all necessary permissions have been obtained from co-writers, producers, performers, featured artists, musicians, photographers, videographers, visual artists, labels, publishers, licensors, and other applicable rights holders;
• any samples, loops, beats, stems, backing tracks, images, video footage, or other third-party materials incorporated into the Content are properly licensed for the uses authorized under these Terms;
• you are not submitting another person’s work without authorization; and
• the information you provide concerning ownership and rights is accurate.

If you do not have the necessary rights, do not submit the Content.

11. Music rights, PROs, publishers, labels, and other rightsholders

Music may involve multiple independent rights, including rights in a musical composition and rights in a sound recording. You are responsible for determining whether another person or organization controls any rights in Content you submit.

This may include, without limitation: co-writers; music publishers; record labels; distributors; performing rights organizations (“PROs”); collective management organizations (“CMOs”); mechanical-rights organizations; unions or guilds; producers; featured artists; sample owners; and other licensors or rightsholders.

You may not submit Content for a ViiBR use if that use would require ViiBR to obtain an additional license, authorization, or consent from, or make a royalty, license fee, levy, assessment, residual, or other payment to, another person or organization, unless ViiBR has expressly authorized that arrangement in writing.

By submitting Content, you represent and warrant that you possess sufficient rights and authority to authorize the uses permitted by these Terms without creating an undisclosed payment or licensing obligation for ViiBR. This includes, where applicable, rights administered by performing rights organizations or collective management organizations.

Membership or registration with a PRO, CMO, publisher, label, distributor, or similar organization does not automatically prohibit you from using ViiBR. However, you are responsible for determining whether your agreements with those organizations allow you to grant the rights required by ViiBR. If they do not, you must not submit the affected Content for uses requiring those rights unless ViiBR has separately approved the arrangement.

ViiBR may require information concerning PRO, CMO, publisher, label, distributor, or other rights affiliations before accepting or publicly performing Content. ViiBR may refuse, disable, restrict, or remove Content where ViiBR believes additional rights, licenses, payments, or permissions may be required.

Nothing in these Terms eliminates rights held by a third party that cannot legally be waived by the submitting user.

12. No unauthorized third-party content

You may not submit Content merely because: it is publicly available online; you purchased a copy; you subscribe to a service where it appears; another user sent it to you; you credited the creator; you are a fan of the creator; you believe the creator would approve; the Content was created using an AI service; the Content can be downloaded from another website; or you believe your use constitutes fair use.

You must actually possess the rights or authorization necessary for the use you request through ViiBR.

13. AI-generated and AI-assisted content

ViiBR may permit Content created or assisted using artificial-intelligence tools. You remain responsible for ensuring that you possess all rights necessary to submit and authorize use of that Content.

Use of an AI platform or creation tool does not by itself establish that you own every right necessary for ViiBR’s use. You are responsible for complying with the terms of the AI service or tool used to create the Content and for ensuring that those terms permit the uses contemplated through ViiBR.

ViiBR may establish additional disclosure, attribution, provenance, or eligibility rules for AI-generated or AI-assisted Content.

14. Prohibited content and conduct

You may not use ViiBR to submit, distribute, promote, or facilitate Content or conduct that:

• infringes intellectual-property or proprietary rights;
• violates applicable law;
• impersonates another person or misrepresents authorship or ownership;
• contains malware or malicious code;
• attempts to interfere with or compromise ViiBR systems;
• manipulates engagement, rankings, contests, streams, voting, or discovery through fraud, bots, coordinated artificial activity, or deceptive means;
• harasses, threatens, exploits, or unlawfully targets another person;
• violates another person’s privacy or publicity rights;
• constitutes unlawful spam or fraud; or
• otherwise violates ViiBR policies.

ViiBR may adopt additional Community Guidelines and content policies.

15. Content moderation

ViiBR is not obligated to host, list, stream, promote, distribute, or preserve any Content.

To the maximum extent permitted by applicable law, ViiBR may review, refuse, restrict, demonetize, remove, disable, delist, or limit access to Content where ViiBR reasonably determines that doing so is appropriate for legal, safety, operational, community, quality, reputational, or business reasons.

ViiBR may also suspend or terminate accounts for violations of these Terms or related policies. ViiBR’s decision not to remove Content does not constitute endorsement or confirmation that the Content is lawful.

16. Copyright complaints and DMCA

ViiBR respects intellectual-property rights. ViiBR intends to maintain procedures for responding to notices of claimed copyright infringement in accordance with applicable law, including the United States Digital Millennium Copyright Act (“DMCA”).

Copyright owners or their authorized representatives may submit notices of claimed infringement to ViiBR’s designated copyright agent via the appropriate link on the ViiBR website. A notice should include the information required by applicable law.

ViiBR may remove or disable access to Content in response to a valid infringement notice and may notify the affected user. Where applicable, users may submit a valid counter-notification.

Repeat Infringer Policy: ViiBR may terminate, in appropriate circumstances, users who repeatedly infringe copyrights or other intellectual-property rights.

ViiBR may maintain a separate Copyright & DMCA Policy containing additional procedures.

17. Contests and promotions

ViiBR may operate contests, challenges, promotions, listening events, voting events, or other programs. Such programs may be governed by additional Official Rules or Supplemental Terms. Where Supplemental Terms conflict with these Terms regarding the particular program, the Supplemental Terms control for that program.

Participation does not guarantee selection, promotion, airplay, prizes, exposure, audience engagement, commercial success, or any other result.

18. Future monetization and creator payments

ViiBR may introduce paid or monetized features in the future. These may include, without limitation: creator revenue sharing; subscriptions; advertising revenue; tips; fan support; digital purchases; merchandise; physical media; ticketing; promotional services; licensing opportunities; and other commercial programs.

Participation in those programs may require acceptance of separate Creator Terms, Seller Terms, payment-provider terms, tax documentation, or other Supplemental Terms.

Nothing in these Terms creates an obligation for ViiBR to pay a user unless ViiBR has expressly agreed to such payment through an applicable monetization program or separate agreement.

19. Merchandise and physical media

ViiBR may eventually facilitate the creation, manufacture, sale, fulfillment, or distribution of merchandise, CDs, vinyl records, or other physical products. Such services may be governed by Supplemental Terms addressing pricing, manufacturing, fulfillment, returns, taxes, intellectual-property rights, revenue sharing, chargebacks, and other commercial matters.

The availability of these features is not promised by these Terms.

20. Deleting content and accounts

Users may be permitted to delete individual Content or their entire ViiBR account. Removal from public access may occur before complete technical deletion.

Deleted Content or account information may remain for a commercially reasonable period in: backups; caches; logs; fraud-prevention systems; security records; disaster-recovery systems; legal records; and other technical or compliance systems.

ViiBR may also retain information where reasonably necessary to comply with law, resolve disputes, enforce agreements, prevent abuse, protect users, or establish or defend legal claims.

The license granted to ViiBR for deleted Content will generally terminate after deletion from active ViiBR systems, except to the extent reasonably necessary: to complete deletion and backup cycles; for legal, security, fraud-prevention, or compliance purposes; for Content incorporated into materials created or published before deletion; for completed or archived streams, broadcasts, contest materials, social-media posts, or promotional materials that ViiBR was authorized to create before deletion; or where continued retention or use is otherwise required or permitted by law.

Deletion does not require ViiBR to recall or destroy materials lawfully distributed or published before deletion.

21. Third-party services

ViiBR may link to or integrate with third-party services such as music platforms, video platforms, social networks, payment processors, merchandise providers, or streaming services. Those services are operated independently and may have their own terms and privacy practices.

ViiBR does not control and, to the maximum extent permitted by law, is not responsible for third-party services. A link or integration does not constitute ViiBR’s endorsement of that service or its content.

22. User interactions

Users interact with other users at their own discretion. ViiBR does not guarantee the identity, honesty, conduct, reliability, qualifications, or intentions of any user.

To the maximum extent permitted by applicable law, ViiBR is not responsible for disputes, agreements, collaborations, transactions, communications, or other interactions between users.

23. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ViiBR, its legal entity, affiliates, owners, members, shareholders, directors, officers, employees, contractors, agents, licensors, service providers, successors, and assigns from and against claims, demands, actions, proceedings, liabilities, losses, damages, judgments, settlements, penalties, royalties, license fees, assessments, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

• Content you submit;
• your use of the Service;
• your breach of these Terms;
• your violation of applicable law;
• infringement or alleged infringement of intellectual-property rights by your Content;
• your failure to obtain required licenses, permissions, or consents;
• claims by a PRO, CMO, publisher, label, distributor, songwriter, performer, producer, copyright owner, or other rightsholder arising from your Content;
• royalties, license fees, levies, residuals, or other payments arising because a representation you made to ViiBR concerning Content was inaccurate;
• your violation of another person’s privacy, publicity, contractual, or proprietary rights; or
• fraud, misrepresentation, or misconduct by you.

ViiBR may assume control of the defense of a claim subject to indemnification, and you agree to reasonably cooperate. You may not settle a claim in a manner that imposes liability, admission, obligation, or restriction upon ViiBR without ViiBR’s written consent.

24. Service provided “as is”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” ViiBR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, AND RELIABILITY.

ViiBR DOES NOT WARRANT THAT: THE SERVICE WILL ALWAYS BE AVAILABLE; CONTENT WILL BE PRESERVED; THE SERVICE WILL BE ERROR-FREE; CONTENT WILL RECEIVE PLAYS OR EXPOSURE; USERS WILL GAIN FOLLOWERS OR FANS; CONTENT WILL BE SELECTED FOR STREAMS OR CONTESTS; USERS WILL EARN MONEY; THIRD PARTIES WILL HONOR THEIR OBLIGATIONS; OR USE OF ViiBR WILL PRODUCE ANY PARTICULAR COMMERCIAL OR CREATIVE RESULT.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

25. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ViiBR AND ITS AFFILIATES, OWNERS, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, LOST OPPORTUNITIES, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ViiBR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DIRECTLY TO ViiBR DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) US $100.

These limitations apply regardless of the legal theory asserted and even if ViiBR was advised that damages were possible. Nothing in these Terms excludes liability that cannot legally be excluded or limited under applicable law.

26. Release regarding other users

To the maximum extent permitted by applicable law, you release ViiBR from claims arising solely from disputes between you and another user, creator, streamer, collaborator, buyer, seller, or other third party, except to the extent a claim results from ViiBR’s own conduct for which liability cannot legally be excluded.

27. Suspension and termination

You may stop using ViiBR at any time.

ViiBR may suspend, restrict, or terminate access to some or all of the Service if: you violate these Terms; your Content creates legal or licensing risk; ViiBR receives infringement complaints; your activity threatens users or systems; ViiBR reasonably suspects fraud or abuse; required by law; or continuation of the relationship creates material operational, legal, or reputational risk.

Where reasonable and legally permitted, ViiBR may provide notice.

Provisions that by their nature should survive termination, including ownership, accrued licenses, indemnification, disclaimers, limitations of liability, dispute provisions, and legal-compliance provisions, will survive.

28. Changes to the service

ViiBR is an evolving platform. Features may be introduced, changed, restricted, replaced, suspended, or discontinued.

ViiBR does not guarantee continued availability of any particular feature, playlist, contest, stream, monetization program, storage system, integration, or service.

29. Changes to these terms

ViiBR may update these Terms as the Service evolves. Where changes are material, ViiBR will provide reasonable notice as required by applicable law.

Continued use of the Service after revised Terms become effective constitutes acceptance where permitted by law. Where applicable law requires affirmative consent to a change, ViiBR will obtain that consent.

30. International users

ViiBR may be accessible internationally. You are responsible for complying with laws applicable to you and your Content. ViiBR does not represent that every feature is lawful or available in every country.

ViiBR may restrict features, Content, payments, monetization, or access in particular jurisdictions where necessary for legal, regulatory, licensing, tax, sanctions, operational, or business reasons.

Nothing in these Terms limits mandatory consumer rights or other protections that cannot lawfully be waived in a user’s jurisdiction.

31. Taxes

Users are responsible for taxes arising from payments they receive through ViiBR except taxes that applicable law expressly requires ViiBR to collect, withhold, report, or pay.

ViiBR may require tax forms, taxpayer identification information, identity verification, or other documentation before allowing participation in monetization or making payments. ViiBR may withhold amounts where required by applicable law.

32. Governing law

Unless mandatory applicable law requires otherwise, these Terms and disputes arising from them will be governed by the laws of the State of Illinois, United States, without regard to conflict-of-law principles.

Mandatory consumer protections applicable in a user’s country or jurisdiction remain unaffected to the extent they cannot legally be waived.

33. Severability

If a provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary, and the remaining provisions will remain in effect.

34. No waiver

Failure by ViiBR to enforce a provision does not waive ViiBR’s right to enforce it later.

35. Assignment

You may not assign your rights or obligations under these Terms without ViiBR’s written consent.

ViiBR may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or transfer of the Service, subject to applicable law.

36. Entire agreement

These Terms, together with ViiBR’s Privacy Policy, Community Guidelines, Copyright & DMCA Policy, applicable Contest Rules, and any Supplemental Terms you accept, constitute the agreement between you and ViiBR concerning the Service.

37. Contact

Questions concerning these Terms may be directed to: ViiBR Music, viibrmusic@yahoo.com.

Copyright complaints should be processed as identified in Section 16.