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Terms of Use

Last updated: 15 August 2022

Welcome to Rakuten Viki!

Viki, Inc. provides an interactive platform that lets you access entertainment content and be part of an online community where you can interact with other Users, and enjoy various features available on Our Site (“Rakuten Viki”, “We”, “Our” and/or “Us”).

We are a subsidiary of Rakuten Group, Inc., based in Tokyo, Japan. Learn more about the Rakuten group here (“Rakuten Group”).

BINDING CONTRACT
1. Your use of the Rakuten Viki branded website (“Site”) and applications, and all associated features, functionalities, user interfaces, content and proprietary software applications available within the Site (together with the Site, collectively, the “Rakuten Viki Service”), either directly or via Third-Party Services, or access any television shows, movies, videos or other audio-visual content that is made available through the Rakuten Viki Service (collectively, “Content”) is governed by these Terms and the “Other Agreements” (as listed below). These Terms and the Other Agreements shall be collectively referred to as the “Service Agreement”. By accessing any Content or registering for an Account (either directly through the Rakuten Viki Service, or via third-party distribution services that are not owned or controlled by Us (“Third-Party Services”) such as those provided by Facebook, Inc, Google LLC, or other Rakuten Group entities), you accept to be bound by the Service Agreement, and confirm that any information you submit to Us is true, accurate and complete at all times. The Other Agreements comprise of:
  1. Our Privacy Policy which describes how We collect and process personal data about you, how We use and protect this information and your rights in relation to this information, including when you use third-party social media services;
  2. Our Cookies Policy which describes what cookies are used on the Site, why they are used and how you can control their use;
  3. Our Copyright Policy which describes how We respond to alleged claims of unauthorised use of copyrighted text, images or videos submitted or uploaded through the Services, or links to allegedly infringing material under the Digital Millennium Copyright Act (1998) ("DMCA"); and
  4. Other additional terms that We may make available to you from time to time relating to particular Service Options, Compatible Devices, Payment Methods, or other service offerings or any other matters.
2. You represent and warrant that you are at least 18 years of age and of the age of majority in your state, territory or country of residence.
3. You further acknowledge that use of Third-Party Services is subject to any applicable terms of use, policies, or other user agreements published by the Third-Party Service from time to time.
THE SERVICES
1. Subject to these Terms, We grant to you a limited, non-exclusive, non-transferable, revocable permission for personal, non-commercial use of the Services and Materials to:
  1. access Content which is provided by Us and third-parties (“Providers”); and
  2. access, participate and/or engage in a community of users of the Services (“Users”) including by providing comments, ratings, reviews, collections, posts and submitting subtitles for the Content (“Subtitles”) using methods provided and approved by Us,
  conditional on you agreeing and undertaking not to engage in any Prohibited Conduct.
2. The availability of the Content, and features, functionality or parts of the Rakuten Viki Service may vary by geographic location and will change from time to time at our sole discretion.
3. You grant Us the right to provide advertising and other information to you in the course of your use of the Rakuten Viki Service in accordance with the Service Agreement.
4. By using the Rakuten Viki Service, you may access Content that may be deemed offensive, indecent, explicit or objectionable. Our Content classification serves only as a recommendation and you acknowledge that We do not guarantee its accuracy. If any Content is identified as being restricted to Users of a particular age and above, you agree that by accessing such identified Content, you are of the applicable age to access the identified Content.
5. We may provide to you certain service options on the Rakuten Viki Service (“Service Options”) for free or for a charge, depending on your geographic location subject to limitations that may change from time to time. We may from time to time also offer special promotional plans, subscriptions or other services, on Our own or in conjunction with third-parties. We may modify, discontinue or otherwise change Our promotional offerings at any time in accordance with the Service Agreement.
6. To access the Rakuten Viki Service, you will need to use a computer, mobile device, internet-connected television or any other internet-connected device that meets requirements We establish from time to time (each, a “Compatible Device”). Features and functionalities that We make available through the Rakuten Viki Service may differ by Compatible Device and the Service Options.
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ACCOUNT
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BILLING, PAYMENTS AND REFUNDS
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2. In the event we change the price and/or services offered within Service Options, we shall make a commercially reasonable attempt to inform you in advance of these changes where required by applicable law. By continuing to use the Rakuten Viki Service after the change(s) takes effect, you are deemed to have accepted and agreed to the changes. Pricing changes applicable to Viki Pass Subscription Plans will take effect at the start of the next subscription period following the date of the change. If you disagree with any pricing change, you have the right to reject the change by unsubscribing from the applicable Viki Pass Subscription Plan before the change comes into effect.
3. We may refuse or cancel your order of a Service Option for any reason, even if We have confirmed the receipt of your order and charged you for the order. We may at any time, and for any reason, provide a refund, discount, or other consideration to some or all Users who have purchased Service Options ("Credits"). The amount and form of such Credits, and the decision to provide them, are at Our sole discretion and may be subject to You taking reasonable steps to claim the Credits. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances or under any other circumstance.
4. EXCEPT AS SPECIFIED IN THE SERVICE AGREEMENT AND TO THE EXTENT REQUIRED UNDER APPLICABLE LAW, PAYMENTS MADE TO US ARE NONREFUNDABLE AND NOT EXCHANGABLE FOR CREDIT.
5. You may purchase Service Options using methods of payment accepted by Us as updated from time to time, which may include payment through your account with a third-party (“Payment Method”). Your chosen Payment Method may automatically connect you to a third-party payment processing portal hosted by a third-party payment processor. You expressly authorise Us to charge your Payment Method for the full amount of any Services Option(s) ordered in accordance with the Service Agreement. You acknowledge that some Payment Methods may charge fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. If a payment is not successfully settled , and you do not cancel your Account, We may rebill your Payment Method and/or may suspend your access to the Service Option until We have successfully charged a valid Payment Method for the full amount of the Service Option.
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VIKI PASS SUBSCRIPTION PLANS – TRIALS
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2. We may in Our sole discretion to limit eligibility or duration of Trials, and withdraw, or modify the terms and conditions of the Trial at any time without prior notice, and with no liability to the extent permitted under applicable law. Restrictions may apply with respect to combining Trials with other offers.
VIKI PASS SUBSCRIPTION PLANS – RENEWALS AND CANCELLATIONS
1. Your Viki Pass Subscription Plan will automatically renew and continue in effect on a recurring basis corresponding to the term (for e.g., monthly or annual) of your Viki Pass Subscription Plan, unless you cancel your Viki Pass Subscription Plan before the end of the current subscription term (see Section 6.2), the Service Agreement is terminated or We discontinue your access to the Rakuten Viki Service in accordance with the Service Agreement. Your Payment Method will be charged a periodic subscription fee (and any applicable fees and taxes) on a recurring basis on the first day following the end of the term of your Viki Pass Subscription Plan.
2. You can cancel your Viki Pass Subscription Plan at any time by visiting the “Subscription & Settings” page on the Site and clicking on the “Cancel Plan” link. If your Payment Method is via a third-party such as through an app store (including the Apple App Store or Google Play Store), you may need to cancel your Viki Pass Subscription Plan with such third-party in accordance with cancellation instructions set out by the applicable third party or set out in our Help Centre article here. A Viki Pass Subscription Plan cancellation takes effect at the end of the current subscription term and you will continue to have access to your Viki Pass Subscription Plan through to the end of the subscription term. To view your subscription fees and next billing date, visit the “Subscription & Settings” page on the Site.
CODE TERMS AND BUNDLES
1. Any coupon, voucher, gift card or other offer provided or sold by or on behalf of Us for redemption and access to a Service Option (“Code”) is subject to the Service Agreement (including any separate terms and conditions relating ot the Code). You may be required to have an Account to use a Code. Please keep your Code safe as We are not responsible for lost, stolen or expired Codes. Unless otherwise specified by Us, each Code can only be used once. We may cancel or withdraw the validity of any Code(s) without notice in our sole discretion including for the following reasons: (A) fraud (actual or attempted); (B) improper use; (C) breach of terms and conditions governing the use of Codes; and/or (D) to reasonably safeguard or protect Our interests.
2. We may offer a Viki Pass Subscription Plan bundled with other services, including subscriptions to third-party products and/or services subject to additional terms issued by us or third-party products and/or services.
USER GENERATED CONTENT
1. Apart from Subtitle Submissions (see Section 9), you may post, upload or otherwise submit content such as User comments, timed comments, reviews, and any other content ("User Generated Content”) on the Rakuten Viki Service as permitted by Us. You acknowledge that We do not guarantee any confidentiality with respect to any User Generated Content you submit.
2. You shall be solely responsible for your own User Generated Content and the consequences of posting, uploading or submitting your User Generated Content. With respect to any User Generated Content you post, upload or submit, you represent and warrant that:
  1. you are the creator and owner of the User Generated Content or otherwise have sufficient rights and authority to grant the rights granted in this section; and
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    3. includes yours or another User’s password or third party personal data;
    4. is intended to solicit third party personal data in violation of Our Privacy Policy;
    5. harvest information about Users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications or other forms of spam, junk mail, chain letters or similar;
    6. could constitute unsolicited promotions, political campaigning, advertising or solicitations; or
    7. implies any affiliation with or endorsement of you or your User Generated Content by a person or entity without Our express written consent and/or the consent of such person or entity.
3. For clarity, you retain all your ownership rights in your User Generated Content. However, by posting, uploading or otherwise submitting User Generated Content to the Rakuten Viki Service, you grant Us to the furthest extent and for the maximum duration permitted by applicable law (including perpetuity under applicable law) a non-exclusive, royalty-free, sub-licensable and transferable worldwide license to use, reproduce, distribute, prepare derivative works of, display, and make available to the public (for example, perform or display), the User Generated Content in connection with the Rakuten Viki Service and Our business, including without limitation for promoting and redistributing part of or all the Rakuten Viki Service, and whether alone or in combination with Content or other Materials, in any manner and by any medium, means, method, technology, whether now known or hereafter created. To the extent permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Generated Content and your right to object to derogatory treatment of such User Generated Content.
4. We do not endorse any User Generated Content submitted to the Rakuten Viki Service by any User or other licensor, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with User Generated Content. We may remove User Generated Content from the Rakuten Viki Service without prior notice including in the event you breach Section 8.2B.
SUBTITLE SUBMISSIONS
1. The Rakuten Viki Service permits the submission of text, subtitles, dubs or other communications submitted by you and other Users (“Subtitle Submissions”) and the hosting, sharing, and/or publishing of such Subtitle Submissions. Any opinions, advice, statements, services, offers, or other information contained in any Subtitle Submission expressed are those of the respective authors and not of Us, or Our shareholders, affiliated companies, directors, officers, employees, subcontractors, agents, third-party partners, Providers or suppliers (“Indemnified Parties”). Under no circumstances shall the Indemnified Parties be held liable for any loss or damage caused by your reliance on any Subtitle Submissions.
2. In addition, you agree that the following shall apply with respect to any Subtitle Submission:
  1. We do not guarantee any confidentiality with respect to any Subtitle Submissions and shall have no liability to you for any content posted in a Subtitle Submission; and
  2. We may at our sole discretion modify or delete any Subtitle Submission that violates the Service Agreement, constitutes Prohibited Conduct or contains any of the following types of content (each a "Prohibited Submission"):
    1. any Subtitle Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable law;
    2. any Subtitle Submission that may infringe any intellectual property or proprietary right of any party; or
    3. unsolicited promotions, political campaigning, advertising or solicitations.
3. You shall be solely responsible for your own Subtitle Submissions and the consequences of submitting, posting or publishing them. You retain all your ownership rights in your Subtitle Submissions. However, by submitting Subtitle Submissions to Us, you grant:
  1. to Us, Our successors and assigns a non-exclusive, royalty-free, irrevocable, perpetual, unlimited, sub-licensable and transferable worldwide license for the duration of protection of copyright or other intellectual property rights attached to Subtitle Submissions to use, reproduce, distribute, exploit, prepare derivative works of, display, publish, broadcast, perform, import, commercialize, attribute, retain copies of, and otherwise transfer all copyright, inventions, and other intellectual property rights in Subtitle Submissions in connection with the Rakuten Viki Service, and Our (and Our successors’, assigns’ and authorized sublicensees’) business, including without limitation for promoting and redistributing part of or all of the Rakuten Viki Service (and derivative works thereof) in any form and media formats and through any media channels; and
  2. to all Users, a limited non-commercial license to modify and share Subtitle Submissions with all Users in accordance with the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License (http://creativecommons.org/licenses/by-nc-sa/4.0/) (“CC BY-NC-SA”). Please note that by granting this license, you are agreeing to the following license requirements:
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4. If alerted to an alleged Prohibited Submission, We may investigate the allegation and determine in Our sole discretion the appropriate course of action. For avoidance of doubt, We shall be entitled to remove any Subtitle Submission at any time and without notice.
TERM AND TERMINATION
1. The Service Agreement will continue to apply to you until terminated by either you or Us. However, you acknowledge and agree that the perpetual licenses granted by you in relation to Subtitle Submissions are irrevocable and therefore continue after termination of the Service Agreement.
2. You agree that We, in Our sole discretion, and without penalty, may suspend, restrict, discontinue or bar your access to the Rakuten Viki Service at any time without prior notice (such as deactivating, cancelling and/or removing all or any part of your Account, any Subtitle Submissions and/or User Generated Content at any time), including in the event(s) of your actual or suspected unauthorised use of the Rakuten Viki Service and/or Content, your engagement or assistance in violating the rights (including intellectual property rights) of Us, any Provider or other third-party, or your non-compliance with the Service Agreement.
3. If We suspend or discontinue your access to the Rakuten Viki Service, you agree that We will have no liability or responsibility to you or any third-party, and We will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
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PROHIBITED CONDUCT
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LIMITATIONS OF LIABILITY AND DAMAGES
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You agree to indemnify, save, and hold the Indemnified Parties harmless from any claims, losses, damages, liabilities, costs, including legal fees, expenses and other losses, arising out of your use or misuse of the Rakuten Viki Service, any violation by you of the Service Agreement, or any breach of the representations, warranties, and covenants made by you herein. We may, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
CONSENT TO ELECTRONIC COMMUNICATION AND SERVICE
By using the Rakuten Viki Service, you consent to receive certain communications from Us including via electronic mail or other forms of electronic communication. These communications may include notices about your Account (such as confirmation e-mails and other transactional information) and information concerning or related to the Rakuten Viki Service. We may also send you marketing communications in accordance with Our Privacy Policy. You agree that any notice, agreements, disclosure or other communications relating to your Account, the Rakuten Viki Service or any part thereof (including any legal service of process or similar document related to any claim that you have used the Rakuten Viki Service to engage in any Prohibited Conduct) that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
EXTERNAL LINKS
The Rakuten Viki Service may contain links to Third-Party Services. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any Third-Party Services. You access and use these Third-Party Services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these Third-Party Services or any association with their operators. In addition, We do not control or edit the content of any Third-Party Service. By using the Rakuten Viki Service, you expressly relieve Us from any and all liability arising from your use of any Third-Party Service and from any loss or damage of any sort you may incur from dealing with any third-party. Accordingly, We encourage you to be aware when you leave the Rakuten Viki Service, and to read the terms and conditions of each Third-Party Service you visit.
ENTIRE AGREEMENT
1. Other than as stated in this Section 18 or as explicitly agreed upon in writing between you and Us, the Service Agreement constitutes all the terms and conditions you and Us agree upon, and supersedes any prior agreements in relation to the subject matter of the Service Agreement, whether written or oral. For avoidance of doubt, our customer service representatives are not authorised to modify the Service Agreement, either verbally or in writing.
2. If any of your use of the Rakuten Viki Service are governed by any Other Agreements, and to the extent that there is any irreconcilable conflict between any such Other Agreements and these Terms, the Other Agreements shall prevail.
3. Except as otherwise required by law, the controlling language of these Terms is the English language.
SEVERABILITY
Unless as otherwise stated in these Terms, if any provision(s) of these Terms shall be held to be invalid, illegal or unenforceable for any reason or to any extent, such invalidity, illegality or unenforceability shall not affect or render invalid, illegal or unenforceable the remaining provisions of these Terms. The application of the remaining provisions shall be enforced to the maximum extent permitted by applicable law.
ASSIGNMENT
These Terms, and any permissions granted hereunder, may not be transferred or assigned by you, but may be assigned by Us without restriction.
NO WAIVER
1. If you see other parties violating these Terms, please let Us know at legal@viki.com (subject line: “Terms of Use Violation”). We will determine if and how to respond. Our decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy with respect to any party. To contact Us for matters other than violation of these Terms (such as queries on refunds), see Section 25 below.
2. Even if We act in a way that appears to you to be inconsistent with these Terms or fail to enforce any provision of these Terms, Our actions shall not be deemed a waiver or constructive amendment of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
CHANGES TO TERMS
1. We may unilaterally revise and amend these Terms at any time. We recommend you check these Terms periodically and take note of when the Terms were last updated as first stated above. By using the Rakuten Viki Service following any revised Terms taking effect, you are deemed to have accepted and agree to be bound by the revised Terms.
2. If, and only if, We make material revisions to these Terms, We will make a commercially reasonable attempt to inform you of the changes at least 30 days prior to such changes applying to you. If you disagree with the revised Terms, you must discontinue using the Rakuten Viki Service and your sole remedy is set out in Section 10.4.
CHOICE OF LAW AND FORUM
Except to the extent that applicable local law requires that the law applied for contracts of this type be that of your country of residence, these Terms are governed by and construed in accordance with the laws of the State of California in the United States, without regard to its conflicts of laws principles. You and Us agree to submit to the exclusive jurisdiction of the State and Federal Courts located in San Mateo County, California.
CLASS ACTION WAIVER
Where permitted under applicable law, you and Us agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purposed class or representative proceeding. Further when permitted under applicable law, unless both you and Us agree otherwise, the court may not consolidate more than one person’s claim with your claims, and may not otherwise preside over any form of a representative or class proceeding.
CONTACT US
If you have other questions or comments regarding these Terms or seek general assistance on the Rakuten Viki Service, please contact Us here.