Viboom | Terms & conditions

This document (hereinafter referred to as the “Agreement”) is an agreement about the provision of advertising services between Viboom GmbH, registered in Germany and located at: Goltzstraße 6, 10781 Berlin, Germany (hereinafter referred to as Viboom Company), and the Advertiser, on the terms and conditions set forth below.

1DEFINITIONS
1. 1.1“Internet Network” or “Internet” – a global telecommunications network of information and computing resources.
2. 1.2“Videos” - audiovisual works (with or without sound, short or full-length), and/or their fragments (including, but not limited to: animated works, motion picture, television and video films, music videos, etc.) posted on the Sites.
3. 1.3“Advertising Materials” or “Advertising” - information addressed to an indefinite range of persons and aimed at drawing attention to the Object of Advertising, the creation and maintenance of interest in it, its promotion on the market, including promotional videos, and other materials, the main content of which is information addressed to an indefinite range of persons, and aimed at drawing attention to the Object of Advertising, the creation and maintenance of interest in it and its promotion on the market.
4. 1.4“Object of Advertising” or “Brand” - a product/service, a means of its individualization, maker, seller and other persons/objects that meet legal requirements, for the attention of which the Advertiser's Advertising is directed.
5. 1.5“Site” (Internet Resource) - a set of technical means and information intended for publication on the Internet and displayed in a specific text, graphic or sound forms. The site has a unique email address (name) that allows to identify it and to access it.
6. 1.6“Internet Page” (HTML Page) – an internal page of an Internet Resource – a set of information materials integrated by hardware and software method, including text, graphic, intended for publication of data on the Internet as an integral part of the Site.
7. 1.7“Site Visitor” - a person who is a user of the global Internet, accessing the Site online from any place at any time, browsing, posted on the Site, Videos and the Advertising Materials through the Player.
8. 1.8“Player” - a computer program (a set of data and commands presented in an objective form) intended for the Visitor viewing of the Website of Videos and Advertising Materials.
9. 1.9“Advertising Space” - the posting position of Advertising Materials on the Internet Resource.
10. 1.10“Advertiser” - in this Agreement means a person, both physical and legal, who has accepted the terms and conditions of this Agreement, and who defines the Object of Advertising and (or) the content of the Advertising.
11. 1.11“Media Parameters” - the terms for the posting of Advertising Materials, including the technical requirements for Advertising Materials specified in this Agreement.
12. 1.12“Display of Advertising Materials” - means the demonstration of the Advertiser’s Advertising Materials on the Sites included in Viboom Company Partner System, together with the demonstration of Video through the Player, which is viewed by the Visitor.
13. 1.13“Partner System” or “Service” - a set of Sites on which Viboom Company posts the Advertiser's Advertising Materials, as well as a set of technical means by which Viboom Company Displays the Advertiser's Advertising Materials. Access to the Service is carried out through the site: https://viboom.com/en/
14. 1.14“Advertising Services” - the action taken by Viboom Company to post and Display on the Sites, included in the Partner System, the Advertiser’s Advertising Materials.
15. 1.15“Video Hosting” - a web site on the Internet on which the Advertiser independently posted the Advertising Materials.
2THE SUBJECT MATTER OF THE AGREEMENT
1. 2.1This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (hereinafter referred to as “Advertiser”), and Viboom GmbH, the owner and administrator of this Website and all content and functionality contained herein (hereinafter referred to as "Viboom Company") (collectively, the “Parties”).
2. 2.2Viboom Company undertakes to provide Advertising Services to the Advertiser under the terms and conditions of this Agreement, and the Advertiser undertakes to accept and pay for Viboom Company’s services in the manner and in the amount specified in this Agreement.
3. 2.3In their efforts to fulfill the terms and conditions of this Agreement, the Parties are guided by the current legislation of Germany.
3 THE TERMS AND CONDITIONS FOR THE PROVISION OF ADVERTISING SERVICES
1. 3.1The Advertiser is independently preparing and editing the Advertising Materials, including their creation, alteration, posting on the Video Hosting.
2. 3.2The Advertiser independently sets up the advertising campaign, including the choosing of the target audience, as well as the Sites from the list submitted by Viboom Company, on which the Advertiser’s Advertising Materials can be placed.
3. 3.3The access to the Service is carried out through the Advertiser's personal account on the website https://viboom.com/en/ by entering the login and password that were specified when creating the Advertiser's personal account.
4. 3.4With regard to individuals, the Advertising Services are provided by Viboom Company exclusively to individuals (Advertisers) who have reached the age of 18 years. By accepting the terms and conditions of the Agreement as provided for by Section 9 of this Agreement, the Advertiser guarantees and confirms that he has reached the age of 18 years and the provision of complete and reliable information about himself when registering on the site https://viboom.com/en/ as an Advertiser.
5. 3.5With regard to legal persons and individual entrepreneurs, the Advertising Services are provided by Viboom Company exclusively to legal persons and individual entrepreneurs, registered in the manner prescribed by law. By accepting the terms and conditions of the Agreement as provided for by Section 9 of this Agreement, the Advertiser guarantees and confirms that he is registered as a legal person or individual entrepreneur in the manner prescribed by law and the provision of complete and reliable information about himself when registering on the site https://viboom.com/en/ as an Advertiser.
6. 3.6Viboom Company is entitled to check the Advertiser's Advertising Materials to ensure their compliance with the terms and conditions of this Agreement and the requirements of the legislation of Germany. In case of non-conformity of the Advertising Materials with the requirements of this Agreement and/or the legislation, Viboom Company has the right to refuse to post or stop posting the Advertiser’s Advertising Materials.
7. 3.7When accounting for the Display of Advertising Materials, Viboom Company internal statistics are used. For the purpose of familiarization, the Video Hosting statistics can be used. If there is a discrepancy between Viboom Company internal statistics regarding the Display of Advertising Materials and the Video Hosting statistics, the priority is Viboom Company internal statistics.
4VIBOOM COMPANY’S RIGHTS AND OBLIGATIONS
1. 4.1Viboom Company’s rights:
  1. 4.1.1To deny any Advertiser in the provision of Advertising Services without giving a reason;
  2. 4.1.2To temporarily suspend the provision of Advertising Services for technical, technological or other reasons preventing the provision of services, for the period of eliminating such reasons;
  3. 4.1.3In case of the Advertiser’s breach of the provisions of the Agreement and/or legislation, Viboom Company has the right to suspend the provision of Advertising Services and/or to terminate the Agreement unilaterally out of court, by notifying the Advertiser thereof, and also demand from the Advertiser full reimbursement (compensation) for losses caused by such breach;
  4. 4.1.4To independently determine the posting procedure and the Advertising Spaces on the Partner System Sites;
  5. 4.1.5To stop the posting and Display of Advertising Materials by notifying the Advertiser thereof by sending an electronic message to the Advertiser’s email address specified when registering, if written requests are received from the competent state authorities to stop the posting of Advertising Materials due to their non-compliance with the requirements of the current legislation;
  6. 4.1.6In case of the Advertiser’s non-payment of the Advertising Service cost, Viboom Company has the right not to fulfill its obligations or to suspend their fulfillment;
  7. 4.1.7Viboom Company has the right to block or cancel the Advertiser’s personal account at any time without notice and without giving reasons. Funds for unposted Advertising shall be returned to the Advertiser within 10 (Ten) business days from the date of blocking or canceling the Advertiser’s personal account, provided that there are no breaches of the provisions of this Agreement.
2. 4.2Viboom Company’s obligations:
  1. 4.2.1In case of the Advertiser’s refusal of the provision of Advertising Services in electronic form before the start of the advertising campaign, Viboom Company shall return the funds received from the Advertiser in full within 10 (Ten) business days from the date of receipt of the Advertiser’s refusal;
  2. 4.2.2To ensure the provision of Advertising Services to the Advertiser in accordance with the terms and conditions of this Agreement;
  3. 4.2.3To provide quality services to the Advertiser in accordance with the terms and conditions of this Agreement.
5ADVERTISER’S RIGHTS AND OBLIGATIONS
1. 5.1Advertiser’s rights:
  1. 5.1.1To refuse from the advertising Services before the start of the advertising campaign, by notifying Viboom Company thereof in writing in advance in accordance with the procedure provided for in paragraph 4.2.1 of the Agreement;
  2. 5.1.2To demand a refund in case of refusal of the Advertising Services, subject to the provisions specified in paragraph 5.1.1 of the Agreement;
  3. 5.1.3To receive statistical reports from Viboom Company on the results of the posting and Display of Advertising Materials, including data on the number of views on each Partner System Site selected by the Advertiser. The report is provided in electronic form for informational purposes only and is available for viewing in the Advertiser's personal account on the website https://viboom.com/en/;
  4. 5.1.4If Viboom Company was unable to cancel the campaign before its start, it shall cancel it as soon as possible. In this case the Advertiser can demand the refund of unused funds.
2. 5.2Advertiser’s obligations:
  1. 5.2.1To independently prepare the Advertising Materials, as well as to prepare and set up the advertising campaign;
  2. 5.2.2To comply with all Viboom Company’s requirements, as well as the legal provisions, including, but not limited to the requirements of the legislation, and intellectual property legislation when preparing, setting up, changing and conducting advertising campaigns;
  3. 5.2.3To comply with all Viboom Company’s requirements, as well as the legal provisions, including, but not limited to the requirements of the legislation, and intellectual property legislation for the Advertising Materials;
  4. 5.2.4Upon Viboom Company’s request to provide documented information, including written, on the compliance of the Advertising Materials and/or advertising campaign with the requirements of the current legislation, including information on the existence of licenses, certificates, if such documents are required in accordance with the legislation. Upon Viboom Company’s request to provide duly certified copies of the relevant licenses, certificates. The validity period of documents provided by the Advertiser (licenses, certificates, etc.) should extend to a period of time including the period of posting of the relevant Advertising Materials through the Service. In the event that during the period of posting of the relevant Advertising Materials through the Service the validity period of licenses, certificates, other similar documents is changed (suspended/terminated, including by cancellation or annulment of a document), the Advertiser shall promptly notify Viboom Company of this circumstance and provide written confirmation of renewal of the document/new valid document;
  5. 5.2.5Advertiser’s failure to comply with the above actions (paragraph 5.2.4 of the Agreement) is the basis for Viboom Company’s refusal to provide Advertising Services;
  6. 5.2.6Do not make alterations to the content of Advertising Materials posted on the Video Hosting during the advertising campaign and/or within 1 (One) business day before the start of the advertising campaign, as well as do not delete the Advertising Materials and do not provide any third parties with access to his account and/or any other information, including login and password, through which a third party can access the Advertiser’s account and delete, alter or replace the Advertiser’s Advertising Materials with any other materials;
  7. 5.2.7To pay for the Advertising Services of Viboom Company in a timely manner pursuant to the invoices issued in accordance with Section 8 hereof;
  8. 5.2.8Upon Viboom Company’s request the Advertiser is obliged to provide additional documents within two days (including, confirming the accuracy of the information contained in the Advertising);
  9. 5.2.9The Advertiser shall use his best efforts to ensure that Viboom Company is not involved in any payment in favor of any third party in relation to the posting and Display of Advertiser's Advertising Materials. In the event of third party claims or demands (including the competent state authorities) against Viboom Company regarding the Advertiser's Advertising Materials (including their breach of the legislation or third party rights), the Advertiser undertakes to settle them at his own discretion and at his own expense saving Viboom Company from any proceedings, disputes, claims and pretensions, as well as reimbursing Viboom Company for any actual related expenses and losses.
3. 5.3Refund Policy
  1. 5.3.1The Advertiser has the right to ask for the refund of the prepayment excluding the funds already spent on Viboom services. The refund shall be made in accordance with Section 8 of this Agreement.
6UNLAWFUL ACTIVITY
1. 6.1The Advertiser undertakes not to:
  1. 6.1.1browse from other systems (for example, a computer, phone, smartphone), and also do not involve third parties to perform the said actions and do not use any automatic systems or devices for the said purposes. The performance of the said actions may lead to the blocking of the Advertiser's Advertising Materials;
  2. 6.1.2use any automatic means, devices, computer programs to collect, extract data in order to provide access and/or to obtain the opportunity to find out information regarding the Advertising Services of Viboom Company without Viboom Company’s prior written consent;
  3. 6.1.3advertise goods, works and/or services which, or the advertising of which contravene the current legislation of Germany;
  4. 6.1.4use the Service on his own or with the involvement of third parties for purposes that may be qualified as a breach of the legislation, third party rights, including with regard to the results of intellectual activity, unfair competition;
  5. 6.1.5perform any actions that affect the normal Service work, are its unfair use.
2. 6.2The Advertiser undertakes not to abuse Service capabilities including technical capabilities, any other features of the Service.
7ADVERTISER’S WARRANTIES
1. 7.1All and any Advertiser’s Advertising Materials in its content and design comply with the requirements of current legislation, including legislation on advertising (including those required for advertising, such as mandatory presence of warnings, etc. in cases established by law for advertising of certain types of goods), the rules of the Video Hosting on which they are posted as well as the requirements hereof.
2. 7.2The Advertiser warrants that the distribution of Advertising through the Service does not breach any of third party rights, including, but not limited to, third party copyrights and related rights. All settlements with the authors and owners of related rights shall be made by the Advertiser independently.
3. 7.3The Advertiser warrants that he has all the rights to the Advertising Materials.
4. 7.4The Advertiser represents and warrants that all the information provided by him to Viboom Company is complete, accurate and current at the date of acceptance of this Agreement, as well as at this moment.
5. 7.5The Advertiser warrants that he has all the rights and powers necessary for the entering into the Agreement and the complete fulfillment of his obligations under it, and that the entering into and/or fulfillment of obligations under the Agreement will not breach the terms and conditions of any other Advertiser’s obligations to third parties.
6. 7.6The Advertiser warrants that at the time of acceptance the entering into this Agreement, he is not bound by any obligations with third parties able in one way or another to prevent full or partial implementation of all provisions of the Agreement.
7. 7.7The Advertiser represents and warrants that he is fully acquainted with the terms and conditions of the Agreement, understands and accepts all the provisions of the Agreement, understands the meaning and consequences of his actions in relation to the entering into and execution of the Agreement.
8. 7.8In case of the Advertiser’s breach of his warranties and/or obligations referred to in this Agreement, the Advertiser shall reimburse all losses incurred by Viboom Company.
8COST OF ADVERTISING SERVICES. PAYMENT PROCEDURE
1. 8.1Prior to the beginning of each advertising campaign, the Advertiser independently by using online system for calculating the cost of the advertising campaign, available to the Advertiser in advertiser's personal account or by the following link: https://viboom.com/en/ calculates the cost of Advertising Services of Viboom Company for each advertising campaign of the Advertiser.
2. 8.2The cost of Advertising Services for each advertising campaign of the Advertiser is determined by the Viboom Company on the basis of Media Parameters of the Advertiser's advertising campaign. The cost of one Display of Advertising Materials, the required number of Displays and other Media Parameters should be taken into account, when calculating the cost of advertising campaign.
3. 8.3The cost of Advertising Services provided by Viboom Company is specified in US dollars or Euros.
4. 8.4Viboom Company provides Advertising Services to Advertisers only after full prepayment.
5. 8.5The Advertiser performs prepayment in the amount of 100% (One hundred percent) of the total cost of the ordered Advertising Services on the basis of electronic invoice issued by Viboom Company (hereinafter – the Invoice). All invoices drawn up by Viboom Company to the Advertiser are available for the Advertiser in his personal account.
6. 8.6Advertising Services payment shall be performed by the Advertiser in non-cash form using one of the methods permitted by legislation and laws of Viboom Company. The Advertiser solely choose method of payment for Advertising Services. Security, confidentiality and other conditions of usage of the method/form of payment chosen by the Advertiser are governed by agreements (contracts) between the Advertiser and relevant organizations.
7. 8.7Advertising Services are considered to be paid by the Advertiser upon receipt of the full sum on the account of the payment system selected by the Advertiser from the list of payment systems offered by Viboom Company.
8. 8.8The reporting period of Advertising Services is 1 (one) calendar month.
9. 8.9If at the moment of Agreement termination the Advertiser has funds on the Viboom balance, these funds shall be refunded within 10 (Ten) working days from the date of receipt of the notice of termination of the Agreement by Viboom Company. The refund shall be made to the account of the payment system used by the Advertiser when making the payment for Advertising services.
10. 8.10The cost of Advertising Services is calculated solely on the basis of records and statistics which are maintained by Viboom Company.
11. 8.11Viboom Company provides the Advertiser password-protected 24/7 access to his personal account, where the Advertiser can find online reporting information, statistics for each of the performed advertising campaigns, invoices, Act, etc.
9ACCEPTANCE OF THE AGREEMENT BY THE ADVERTISER. AGREEMENT VALIDITY. AMENDMENTS TO THE AGREEMENT
1. 9.1This Agreement shall come into force upon its posting on the Website at https://my.viboom.com/en/rules and has effect until revocation of the Agreement by Viboom Company.
2. 9.2Viboom Company reserves the right to amend the terms of this Agreement or withdraw the Agreement at any time.
3. 9.3In case of any changes to the Agreement made by Viboom Company, such changes take effect upon posting on the Website of Viboom Company updated version of the Agreement, unless other period was specified by Viboom Company in such publication. The current version of the Agreement is available on the Website at: https://my.viboom.com/en/rules
4. 9.4If the Advertiser continue using the Service after such changes were made by Viboom Company to this Agreement, it is considered to be unconditional consent of the Advertiser with the updated version of the Agreement.
5. 9.5The acceptance of this Agreement is performed by the Advertiser by ticking "I accept the privacy policy and the terms and conditions of the service" while registering on the website https://viboom.com/en/. From the moment of completion of the registration procedure as an Advertiser, the Agreement is considered to be accepted by the Advertiser in full without any reservations and exceptions.
6. 9.6From the moment of acceptance of the Agreement by the advertiser, it becomes an agreement on Advertising Services provision concluded between Viboom Company and Advertiser.
7. 9.7In case of denial by the Advertiser any of the provisions of the Agreement, the Advertiser has no right to complete the registration procedure on the website https://viboom.com/en/ and use Advertising Services of Viboom Company.
8. 9.8If Viboom Company makes any changes to the Agreement which the Advertiser does not agree with, he shall immediately cease using the Service and cancel the account.
10AGREEMENT TERM. AMENDMENT AND TERMINATION OF THE AGREEMENT
1. 10.1The acceptance of the Agreement by the Advertiser in accordance with p. 9.5 of the Agreement establishes the Agreement between Viboom Company and the Advertiser on the terms of the Agreement.
2. 10.2The Agreement may be terminated immediately:
  1. 10.2.1upon an initiative of either of the Parties, which send a notice to the other Party not less than 10 (Ten) working days before the planned date of termination of the Agreement. Notice of termination of the Agreement may be sent by e-mail;
  2. 10.2.2by mutual consent of the Parties;
  3. 10.2.3on other grounds provided by the Agreement and/or legislation.
3. 10.3The Agreement comes into force from the date of acceptance of the Agreement by the Advertiser and is valid until the Parties fulfill their obligations under the Agreement or until the termination of the Agreement, depending on which of the events occurs first.
4. 10.4The Advertiser acknowledges and agrees that changes to the Agreement entails including these changes in concluded current Agreement between the Advertiser and Viboom Company. Amendments to the Agreement enter into force simultaneously with the relevant amendments to the Agreement. In case when the Advertiser disagrees with these changes, he shall immediately notify Viboom Company and cease using the Service.
5. 10.5In case of revocation of the Agreement by Viboom Company during the term of the Agreement, the Agreement is considered terminated from the moment of revocation of the Agreement.
11LIABILITY. LIABILITY LIMITATIONS
1. 11.1In case of violation of the terms of this Agreement, the Parties are considered liable in accordance with the current legislation of Germany.
2. 11.2In no event shall Viboom Company bear any responsibility under this Agreement for:
  1. 11.2.1any consequential damages and/or lost profits of the Advertiser and/or any third party, regardless of whether Viboom Company could have foreseen probability of such damages;
  2. 11.2.2use or inability to use, any consequences of use or inability to use by the Advertiser that form and/or method of payment for Advertising Services, which was chosen by the Advertiser.
3. 11.3Viboom Company is not obliged to reimburse any direct and/or indirect damages, including lost profits, to the Advertiser if it was caused by:
  1. 11.3.1Service usage or inability of Service usage due to violations and/or errors in the operation of the Service, including those which are the result of unlawful actions of employees of the Advertiser and/or any third parties involved by the Advertiser;
  2. 11.3.2technical problems and/or equipment failures;
  3. 11.3.3Service malfunction as a result of any changes or modifications to Service software, unauthorized access by any third parties to Service software, and also for any interruptions and/or malfunction of the Service caused by viruses and other malicious software;
  4. 11.3.4disclosure of any confidential information, trade secrets, know-how of the Advertiser and/or any third parties connected with using the Service;
  5. 11.3.5incompetent actions and/or inaction of Advertiser's employees or contractors;
  6. 11.3.6blocking or removal of Advertiser's Advertising Materials due to their improper content, violation by Advertiser of the guarantees specified in Section 7 of the Agreement, use of tools for cheating views and/or Displays of Advertising Materials by Advertiser, as well as any other tools that affect the number of Displays and/or views of Advertising Materials.
4. 11.4The Advertiser undertakes to indemnify Viboom Company, as well as to protect its rights and interests from any accusations, complaints and/or claims of third parties, as well as obligations related to the Advertiser's Advertising Materials, the method and form of Advertising distribution, including any content used by the Advertiser, or violation of any provision of this Agreement by the Advertiser.
5. 11.5Viboom Company does not provide any guarantees and is not responsible for any actions/inactions of Advertisers and/or their third parties which are directly or indirectly connected to using the Service, and for the opportunity to make profit and amount of the profit of the Advertiser in connection with using the Service.
6. 11.6The liability of Viboom Company under this Agreement may not exceed 100% of the amount paid by the Advertiser for the Advertising Services provided by Viboom Company for the relevant period when the liability of Viboom Company occurs.
7. 11.7Viboom Company is not liable to the Advertisers or any third party for the fact whether the Service meet expectations of the Advertiser and any third party.
8. 11.8Viboom Company is not liable for non-performance or improper performance of this Agreement due to reasons beyond its control: failures in telecommunication and energy networks of public access, as well as unfair actions of third parties aimed at obtaining unauthorized access and/or putting out of action software and/or hardware of the Service.
9. 11.9Viboom Company is not liable for the actual quality of the goods or services advertised by the Advertiser and shall in no event pay the Advertiser any lost profits.
10. 11.10The Advertiser is fully responsible for compliance with all legal requirements, including the requirements of the legislation, intellectual property legislation, during the preparation, setting up, modification, conducting of advertising campaigns including Promotional Materials during any other use of the Service;
11. 11.11The Advertiser is solely and fully liable for the completeness and accuracy of all information provided by the Advertiser during registration, creating personal account on Viboom Company Website and use of the Service, including contact information and reference details, for the infringement of third party rights when posting such information as part of an advertising campaign.
12. 11.12The Advertiser is solely responsible for the safety and confidentiality of registration data (login and password). When advertiser's login and password are used, all actions carried out in relation to the Advertiser's advertising campaigns considered to be performed by the Advertiser. The Advertiser is solely responsible to third parties for all actions which were performed using the login and password of the Advertiser. Viboom Company is not responsible for unauthorized usage of Advertiser's registration data by any third party.
13. 11.13The Advertiser undertakes to resolve all the disputes and settle claims of third parties in respect of Advertising Materials, forms and methods of their publication, as well as to compensate Viboom Company all actual documented losses (including legal costs) entailed by the claims which were caused by posting of Advertising Materials of the Advertiser.
14. 11.14Acceptance for posting and/or Viboom Company confirmation of posting any Advertising Materials and/or any changes in Advertising Material under any circumstances does not mean the confirmation by Viboom Company the rights of the Advertiser and/or the provision by Viboom Company to the Advertiser the right to any use in their advertising campaigns intellectual property of any third party. The Advertiser is solely and fully responsible for such use and any consequences of such use, as well as for the content of Advertising Materials, any advertising campaigns of the Advertiser and their compliance with the requirements of the legislation.
15. 11.15The Advertiser is solely and fully responsible for any claims from copyright holders, authors and any third parties in connection with violations of rights to the results of intellectual activity included in the Advertising Materials and/or used by the Advertiser during advertising campaigns.
16. 11.16The Advertiser is responsible for the content and accuracy of Advertising Materials and advertising campaigns posted by him via the Service.
17. 11.17Viboom Company makes no warranties as to the results (effectiveness) of advertising campaigns of the Advertiser.
18. 11.18The Advertiser is solely and fully responsible for all and any advertising information used by the Advertiser in its advertising campaigns, including those developed by or for the Advertiser;
19. 11.19The Advertiser is solely and fully responsible for all and any websites where Advertiser's Advertising Materials were sent, including the content of the domain or web page, access to which is provided by clicking on the links (URL) specified in Advertiser's Advertising Materials, as well as for the goods, works, services advertised by the Advertiser, and for their compliance with the requirements of the legislation.
20. 11.20A Party shall be executed for non-performance or improper performance of obligations due to force majeure, which means unforeseen, extraordinary and unavoidable circumstances, which the Parties could neither foresee nor prevent by taking reasonable measures. Such circumstances include: natural disasters, fires, earthquakes, floods, wars, military operations of any nature, strikes, blockades, embargoes, prohibitions or restrictions on exports or imports, political unrest, riots and their consequences, acts and decisions of public authorities which change legal status of the parties hereto, restrict and/or prohibit performance of obligations under this Agreement, or otherwise affect the ability to perform the terms of this Agreement, and other circumstances beyond reasonable control of the Parties, including telecommunication and energy networks failures, malware, and incompetent actions of third parties, which actions were aimed at unauthorized access and/or disrupting software and/or hardware.
21. 11.21The Party invoking force majeure shall immediately, within 3 (three) working days, inform the other Party in writing about occurrence and termination of such circumstances. In this case, Parties representatives should negotiate as soon as possible and agree on measures which are to be taken by the Parties.
12APPLICABLE LAW AND JURISDICTION
1. 12.1This Agreement and the relations between the Advertiser and Viboom Company arising according to the application of the Agreement are subject to the substantive and procedural law of Germany.
2. 12.2In the event of disputes related to this Agreement, including non-performance or improper performance of the obligations under the Agreement, the Parties will exercise best efforts to resolve such disputes through negotiations between authorized representatives of the Parties. In case of failure to reach an agreement, disputes are to be resolved under a pre-action protocol.
3. 12.3Written claim shall be considered within 10 (Ten) calendar days from the date of its receipt by the relevant Party.
4. 12.4If the dispute cannot be resolved through negotiations, the Parties have the right to refer the dispute to a court in accordance with the current legislation of Germany.
13FINAL PROVISIONS
1. 13.1The Advertiser has no right to assign or transfer all or any of its rights under this Agreement to any third party.
2. 13.2If one or more provisions of this Agreement are considered to be invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
3. 13.3The terms of the Agreement are exhaustive in relations regulation between the Advertiser and Viboom Company. Conclusion of any additional agreements between the Advertiser and Viboom Company is optional.
4. 13.4For all questions related to this Agreement and/or application of the provisions of this Agreement, please contact: Technical support via "Ticket" tab in Advertiser's personal account or email: contact@viboom.com.
5. 13.5Billing descriptor name is Viboom.
6. 13.6By using Viboom, users are agreeing to be bound by the YouTube Terms of Service.
7. 13.7The website viboom.com operates on software and utilizes services developed by Viboom Limited (Theklas Lysioti 17, Pissas Building, office 501, 3030 Limassol, Cyprus)

Last update: January 13, 2020