USER REGULATION

Terms & Conditions

WELCOME TO VIDIO

Any and all of these terms and conditions, guideline, notification, information, regulation, policy and instruction related to the use of Service and/or access to Vidio’s Platform, as well as any addition and changes thereof, from time to time, made by Vidio, including but not limited to third party’s regulation related to the payment method, hereinafter collectively referred to as “User Regulation”.

USE OF VIDIO’S PLATFORM AND/OR SERVICES WITHOUT ANY DURESS BY THE USERS CONTINUOUSLY, INCLUDING THE ELECTRONIC NOTES FOR THE SAME SHALL CONSTITUTE A BINDING AGREEMENT BETWEEN THE USERS AND VIDIO. THE USERS APPROVE THAT THIS USER REGULATION IS A VALID AGREEMENT AND REQUIRES NO PHYSICAL OR DIGITAL SIGNATURE OF ANY TERMS.

If the User disagrees with this User Regulation, the User may at any time stop to access and/or use Vidio’s Platform, although Vidio will feel lost for such act. The Users shall not be allowed, in any way, to use, access or try to use/access invalidly or illegally Vidio’s Platform and/or this Service and/or other protected information, illegally and without permission. The breach of this provision shall constitute the breach based on the law and legislation applicable in the Republic of Indonesia.

1. Definition

In this User Regulation, as long as not stipulated otherwise, the terms below shall have meanings as follows:

You or User shall mean a party (registered/unregistered) accessing Vidio’s Platform, including but not limited to Content Partner, offline user, clients who are obliged to comply with Vidio’s User Regulation and other provisions including but not limited to Vidio's Privacy Policy.

We or Vidio shall mean PT Vidio Dot Com i.e. a limited liability company established by virtue of the law of the Republic of Indonesia, having its address at SCTV Tower 14th Floor, Senayan City, Jl. Asia Afrika lot 19, Central Jakarta 10270, Indonesia, legally having and operating Vidio’s Platform.

Emtek Group shall mean PT Elang Mahkota Teknologi, Tbk. including its subsidiaries, with which Vidio is an affiliate.

Intellectual Property Right shall mean the trademark, service mark, trade and business names, design right, patent, copyright, moral right and right in expertise and other intellectual property rights in each case whether registered or unregistered and including the grant of rights mentioned above and all rights or forms of protection having the equivalent or similar effect to those mentioned above.

Advertisement shall mean the promotion of Vidio's or other third parties’ products, mark or service in any form on Vidio’s Platform to the Users to attract the interest, involvement and sale.

Content shall mean any digital content, whether in form of text, graphic, photo, video, film, series film, television streaming, sound, music, audio-visual combination, or other material uploaded or displayed on Vidio’s Platform as part of Service.

Service shall mean the display of digital content via internet network, both paid and unpaid (advertising based), and broadcasting it on live streaming and video-on-demand (VOD) on website, m-sites and mobile applications, including other distribution channels owned or in cooperation with Vidio, including the other services provided by Vidio on the Platform.

Content Partner shall mean every individual, company and Users having online channel or special account already verified and registered on Vidio’s Platform, having account name and can be operated by them directly or by an authorized third party.

Vidio’s Platform shall mean the Service provider via website www.vidio.com and/or Vidio’s over-the-top application that can be accessed by the Users through, including but not limited to, computer, mobile devices, tablet devices, internet connected television, and other devices as well as an interactive platform sharing the video operated and owned by Vidio.  

Vidio Premier shall mean the paid streaming service containing the exclusive contents such as original series, Korean drama, Thailand drama even international sports content.

Territory shall mean the area where the Content Service can be enjoyed by the Users, i.e. in the territory of the Republic of Indonesia.

2. Service

To enjoy Vidio’s Service, you shall have internet access, data package, and supporting devices.

1. Content

i.         In providing Service, Vidio enters into cooperation with the Content Partners, production houses, creators, owners and the valid license holders of the Content. Vidio also produces in-house or holds the exclusive right to certain content, known as “Vidio Originals".          

ii.         Vidio’s Content or Services can be accessed: (a) free of charge by Advertisement; or (b) through Vidio Premier subscription package according to the subscription package chosen, always complies with the provisions in the Terms of Vidio Premier or (c) pay-per-view payment model with or without Advertisement, or (d) TV On Demand (TVOD), or (e) combination of any matters mentioned previously, or (f) any other models that will be determined from time to time.          

iii.        The responsibility for the Content uploaded by the Content Partner in Vidio’s Platform is at the Content Partner. Vidio shall be entitled to review the Content and determine whether there are illegal acts or any acts breaching Vidio's policy. If the breach is found, Vidio shall have absolute right to remove and decline to display the Content.          

iv.         The Users may access and enjoy the Services in the Territory, or outside the Territory as applied by Vidio at its own discretion. Vidio, at its own discretion, may monitor your access in using Vidio’s Platform Service, as well as for the reason of limited Service display right only to the Territory, Vidio shall be entitled to geoblock any part of Services thereby the Service can only be displayed or enjoyed by the Users within the Territory.          

v.         Vidio continuously uses its best effort to innovate and improve the Service. Therefore, Vidio shall be entitled, at its own discretion, to add or remove any features, Content and Service. Vidio shall be entitled, at its own discretion, to suspend or terminate the part or all of Services.

B.        Permit

i.         By always complies with the User Regulation, as long as you use the Service on Vidio’s Platform, you will be provided with limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable permit to enjoy the Service on Vidio’s Platform and enjoy the Content for personal and non-commercial purposes only.  

ii.         The use of Vidio’s Service shall fully become your responsibility and may only be used by you. If you allow the other parties to use or access the Service and/or Content by using your information, then Vidio declares not responsible if there is invalid or unauthorized use of the information or disclosure of your identity, and the risks as the consequences of the matters above shall become your full responsibility.      

iii.        In relation to every Vidio’s Content and Service, we do not allow the use of embed by other platform or media whether by the website, application or in any other methods, without prior written approval of Vidio.      

C.        Prohibitions

        i.        The Users shall not be allowed, in any ways and forms, to use Vidio’s Platform and/or Content to:

●         reproduce, copy, duplicate, distribute, sell, transmit, commercially exploit or re-stream the Content or create any derivative works or materials taken from or based on the Content;      

●         reengineer (reverse engineering), retrieve data (data mining), or access software of Vidio or do any programs that may harm or inhibit the operation and/or performance of Vidio’s Platform;    

●         access Vidio’s Platform or Content via any manual or automatic facilities, including “robots”, “spiders”, or “offline readers” for any objectives that may harm Vidio;  

●        upload anything containing the software virus, worm, trojan horses or other malicious computer code, document/file, script, agent or programs;      

●        post, upload, send or link the content related to pornography, religion, racism, sarcasm, insult, misleading, defamation, hateful, discriminatory, harassing, harming other parties, or other immoral acts;      

●        exploit or harm the minors; and      

●        take any acts other than those permitted in the User Regulation, illegal act, damage or able to damage the reputation as well as harm Vidio.      

ii.        Vidio has right to investigate and take any legal acts for any of breaches above as long as permitted by the law including but not limited to take any legal measures in accordance with the prevailing legislation, both civil and criminal. Vidio shall be entitled to monitor your access or use of Vidio’s Platform to ensure your compliance with this User Regulation, or to comply with the prevailing regulation or order or requirement from the court, administrative institution or other competent bodies.

3.        Intellectual Property Rights

1. Vidio (and its licensors, as relevant) shall have, whether exclusively or non-exclusively, all rights or licenses, ownership and interests in and to the Service, Content and all Intellectual Property Rights contained therein.
2. There is no right, ownership, or interest on Vidio’s Platform or Services or any Content that will be considered or construed to be transferred to the User, whether impliedly or expressly, except for the permit expressly provided in this User Regulation.
3. Any trial or actual breach of this provision will render the termination of all your rights under this User Regulation, Vidio shall also be entitled to take any acts as long as permitted by the law to protect the interest of Vidio and its licensors, including but not limited to the police report, summon and claim/suit before the court.

4. Use of Vidio’s Platform Services

1. Your use of Vidio’s Platform and its Services shall comply with your compliance with this User Regulation, Privacy Policy and all prevailing law and regulation.
2. The use of Vidio’s Service is limited to the valid Users who are having legal maturity and having legal capacity to enter/enter into understanding/agreement and make the binding based on the prevailing law and regulation (“User Requirements”). If you fail to fulfill the User Requirements, you shall obtain the approval of your parent or guardian, as well as may only use the Service under the supervision of your parent or guardian. Each parent’s/ guardian's acceptance or consent of this User Regulation indicates their approval to take responsibility for (i) your acts; (ii) the costs related to the use of every Service; and (iii) your acceptance and compliance in accordance with these User Regulation. If you have no permit from your parent or guardian, you shall stop using/accessing Vidio’s Platform and stop using this Service.
3. When you enter Vidio’s Service, we shall be entitled to ask for, collect and process your personal information, such as but not limited to your name, e-mail address (e-mail), and your cellular phone number when you register. You shall provide the accurate and complete information, update the information and agree to provide us with any evidence of identity that we may reasonably request. If there is change of personal information you provide to us, you may update the same by sending us your request. We will, to the best of our capability, enforce the requested changes within 15 (fifteen) business days as of the receipt of the notification on change.
4. By using the Services on Vidio’s Platform, you represent and guarantee the truth of all your personal information and registration data that you provide to Vidio are true, complete and accurate in every matters. If in the future there are changes of your data and information, then you agree to immediately update your registration data on Vidio’s Platform. If your account is hacked or you lose your phone, then you shall inform us about such matter thereby we may immediately deactivate your account in order that it is not misused by the other parties. So it can be noted that you are responsible for the use of your account and can be asked for accountability if the account is misused by the other parties.

5. Vidio Premier Service, Other Services & Payment Method

1. You may enjoy the part or all of the Content available on Vidio’s Platform by registering for Vidio Premier subscription package or registering for other Services available, to this end, you should make payment for Vidio Premier subscription package or payment for other Services available, as well as you may be asked to pay the subscription fee or other Service through the third party’s payment gateway (such as DANA), bank transfer, credit card and other payment method we already approve (“Payment Method”).
2. You agree that the Payment Method may involve the third parties beyond Vidio and in case you use one of Payment Methods, you agree to also be bound by and shall comply with all terms and conditions required by the third party.
3. In making the Payment Method, the third party may request for information required for the payment including but not limited to the details of credit card, account number and other information that may be relevant (“Payment Information”). You shall be responsible for the accuracy and genuineness of the Payment Information you provided. You represent and warrant that you have the right to the Payment Information you submit. You agree and acknowledge that Vidio will not be obliged and have no responsibilities at all for any losses, whether directly, indirectly, incidentally or consequentially, including without limitation to any losses due to the delay in processing of payment instructions or credit card fraud including Chargeback imposed upon by the credit card.
4. You agree that if you register for Vidio Premier subscription with the Payment Method using credit card, your subscription will be automatically extended unless there is cancellation of your subscription.
5. Vidio Premier subscription fee have included all prevailing taxes including Value Added Tax (VAT).
6. Any matters related to claim, replacement and cancellation of the package purchase will always comply with the Terms of Vidio Premier.
7. You may change the Payment Method when your subscription package expires, further, you may check the subscription status of your Vidio Premier package at any via “My Subscription” page at https://www.vidio.com/dashboard/transaction/ histories

6. Advertisement, Promotions and Games

1. You know and understand that the Services in Vidio Platform can be monetized or installed with ads (Advertisement) by Vidio, but Vidio does not guarantee the truth or quality of the product or goods advertised. You agree and acknowledge that Vidio does not support or sponsor any third party’s site, content, advertisement or other materials on such third party’s sites.
2. You understand and agree that Vidio, at its own discretion, may use your information and data especially for marketing, promotion or monetization activities, whether conducted by Vidio directly or by third parties affiliated to Vidio or not.
3. Vidio may notify the additional terms and conditions, from time to time, in relation to: (a) your participation in any contest, game, or other promotion on Vidio’s Platform and/or its affiliates and/or any third party’s partners entering into cooperation with Vidio, always comply with the “Terms of Vidio Gamez" and/or, (b) the joint viewing of the Content as long as permitted by Vidio (jointly referred to as, “Additional Terms and Conditions"). If these Additional Terms and Conditions contradictory to this User Regulation, the provisions contained in the Additional Terms and Conditions will govern and prevail as far as they govern the differences.
4. For avoidance of doubt, nothing in the Service, Vidio Platform, or this User Regulation can be interpreted or considered that it is sponsored by Apple, Google, Android or other entities not affiliated to Vidio, unless expressly stated in relevant additional terms.

7. Third Party’s Cookies

1. During your journey at Vidio, you may see several cookies not related to Vidio. The third party’s Cookies are the cookies set by the domain other than Vidio’s Platform. If you visit Vidio’s Platform and other entities set cookies through Vidio’s Platform, it is called as “third party’s cookies".
2. To support Vidio’s Service, these third party’s cookies may track your use of Vidio’s site. The third-party companies such as analytic companies and advertisement-based network using the cookies to collect the user’s information anonymously. The Cookies can be used to profile your activities on Vidio’s Service and other websites you have visited. Vidio does not control the spread of these cookies and you shall check the relevant third party’s websites for further information. If you continue without changing your setting, Vidio will consider that you are able to accept and allow all cookies generated by Vidio. But, you may change your cookie setting at any time.
3. You are free to adjust your browser setting to block the use of the third party’s cookies. It may impact the functionality of the site or parts of it.

8. Policy on Cookies

1. Cookies are usually in form of small, ID-tagged text files stored in your computer's browser directory or program data subfolder. Cookies are created when you use the browser to visit the website using cookies to track your movement on the site, help you continue where you left off, remember the registered login data, select the theme, preference, and other customization function. Website stores the relevant files (with the same ID tag) that they determine to your browser and in this file they are able to track and store the information on your movement on the site and any information that you may voluntarily provide while visiting the website, like email address.
2. This information is used to track the visitor usage to the site and to compile the statistic report on site activity. For further information on cookies, visit www.aboutcookies.org or www.allaboutcookies.org.
3. Cookies can also be used to collect the aggregate information on Vidio’s Service most frequently visited. The traffic information can also be used to improve the content site and make easier to utilize your Vidio’s Service.
4. The information we obtain through the use of cookies can be combined with the other personal information and data related to the User in certain condition, where the User voluntarily provides personal information and data or when registering/subscribing to Vidio’s Service and the User agrees to this matter.
5. If you want to decline Vidio's cookies, you may configure your browser to do the same. But, if you deactivate the cookies, you may not be able to access the important function or feature of this site, and you may only use this site on limited basis.

9. Warranty and Representation

1. Vidio provides services by using the good level of service and maintenance, with the hope that you are able to enjoy the Services comfortably.
2. BESIDES THOSE EXPRESSLY WRITTEN IN THESE USER REGULATIONS, VIDIO EXPRESSLY MAKES NO COMMITMENT ABOUT CONTENT IN SERVICE OR ANY SPECIFIC FUNCTIONALITY, RESPONSIBILITY, AVAILABILITY AND SERVICE CAPABILITY TO FULFILL YOUR NEED. VIDIO PROVIDES "AS IS" SERVICE.
3. The User acknowledges that any information and any material provided by or through Vidio’s Platform and the Services therein may contain inaccuracies or errors and Vidio expressly excludes the responsibility for such inaccuracies or errors as far as permitted by the prevailing law. Any links found on Vidio’s Platform are provided for the Users’ convenience to provide further information. It does not indicate that Vidio supports or sponsors the content and Vidio shall not be responsible for the content of any external links.

10. Compensation and Responsibility Limit

1. The User hereby agrees to release, defend, compensate and will not endanger Vidio and Emtek Group including their officers and employees from responsibility, claim, demand, loss and damage (actual and consequential) from all types and nature, known and unknown, suspected and unexpected, disclosed and undisclosed, arising from or in any manners connected to it. Such release will not be effective if the actual claim, demand or damage arises due to fraud, negligence or deliberate and direct error by Vidio.
2. As far as permitted by the law, and irrespective of the other provisions in this User Regulation, total obligations of Vidio and its affiliates, to the Users and anyone filing any claims, for any and all claims, will not exceed Rp 100,000.00 (one hundred thousand Rupiah).

11. Termination and Sanction

1. Vidio shall have right to unilaterally and immediately terminate, suspend, reduce or limit the Services Vidio provides to you at any time, without notification or responsibility to you, if you breach this User Regulation, breach the prevailing law or regulation related to the Service.
2. The User hereby represents that he releases all his rights and will not file any claim or ask for any compensation from Vidio for such termination, suspension, reduction or restriction.
3. In case of termination for any reasons, the parties hereto agree to waive the provisions as referred to in Article 1266 of the Indonesian Civil Code, as far it states that the court’s judgment is required to terminate an agreement.

12. Governing Law and Dispute Resolution

All matters stated in the User Regulation, Privacy Policy, and other provisions referring to this User Regulation shall comply with the law applicable in the Republic of Indonesia. Any dispute, misunderstanding or disagreement between the parties hereto arising from or in relation to or relevant to the implementation of this User Regulation, will be resolved amicably. In case of failure to attain amicable resolution, the parties hereto hereby agree to resolve the same through the court and the parties hereto hereby agree to select the common and permanent legal domicile in the Registrar's Office of the District Court of Central Jakarta.

13. General provisions

A.        Taxes and Charges. Each party shall be responsible for all tax obligations and other costs arising in relation to the implementation of this User Regulation.

B.        Language. This User Regulation may be made in Indonesian and English, in case of difference between the Indonesian and English, the Indonesian will govern and all differences in English version will be considered have been amended and adapted to the Indonesian version.

C.        Enforceability. All provisions on compensation, warranty, accountability, and limitations, and confidentiality and/or protection of Intellectual Property Right will remain be effective after the termination of Service by the User.

E.                Non-Waiver. Any tolerance from Vidio for the breach committed by the Users against this User Regulation, will not be interpreted as approval for further breach, nor will be interpreted that Vidio has released its right to prosecute the breach, this tolerance however will not be interpreted as no longer valid or becomes ineffective or its implementation is suspended.

F.        Amendment to Provisions. In case that in the future there are one or more provisions in this User Regulation that will be amended, added or deleted, the User will be notified on the amendment.

G.        Non-agency. Except as expressly stated herein, this User Regulation is not intended to create and will not be construed to create the relationship or partnership, joint venture or association for the benefit of the User and Vidio or Vidio and other third parties.

H.        Force Majeure. The parties hereto will not be responsible for any failure or delay in carrying out their obligations below arising from any causes beyond their control including acts of God, acts of the civil or military authorities, fire, strike, lockdown or labor dispute, epidemic, government restriction, war riots or other civil disturbance, pandemic, epidemic, earthquake, hurricane, typhoon and flood and in case of such failure or delay, the time for implementation of their obligations will be extended for the same period, at least, with the loss of time by the reason of suspension.

Latest update: October 2020