We partner with other companies to provide or to facilitate some of the Services, including, without limitation, fulfilling product orders, processing payments, administering our e-mail announcements, sponsoring and administering promotions, and processing and storing data. These companies may maintain their own terms of service, which are not under our control.
ARTUGO and our respective subsidiaries, affiliated or related companies, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Site (the “Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, video, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.
You may access, browse and use the Site and Site Content only for your personal, non-commercial use, on a single computer, mobile electronic device of other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content by accessing, browsing or otherwise using the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content, except as may be allowed by law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Site Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Site Content.
ACCESS AND USE
When accessing our Site, including without limitation to the Site Content, you agree to comply with all applicable laws including, without limitation copyright law. While accessing or using the Site, you will not:
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site, through any means, including through means not intentionally made publicly-available or provided through the Site;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
- use the Site or any of the Services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Site Content;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity whether actual or fictitious;
- insert your own or a third party’s advertising, marketing or other promotional content into any Site Content, or post, upload, transmit or submit such content as part of your content;
- circumvent, disable or otherwise interfere with security-related features of our Site including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Site or Site Content;
- use the Site or any of the Services in violation of our or of any of ARTUGO’s or Related Parties’ intellectual property or other proprietary or legal rights, or of the rights of any third party;
- use any automatic device (such as a robot or spider) or manual process to copy our Site or Site Content for any purpose without the express written permission of ARTUGO. Notwithstanding the foregoing, we grants public search engine operators permission to use automatic devices to copy Site Content from our Site for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Site Content that is available to the public. We reserves the right to revoke this permission (generally or specifically) at any time;
- collect or harvest any personally identifiable information from our Site including, without limitation, user names, passwords, email addresses;
- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- use the Site or any of the Services in violation of any law;attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Site or any of the Services; or
- post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as we determine, in our sole discretion:(i) is vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory or otherwise unlawful; (ii) infringes on our or any third party’s intellectual property or other rights, or otherwise violates any law; (iii) is derogatory or harmful to our reputation or to the reputation of any of the Related Parties in any way; or (iv) is otherwise inappropriate;
By accessing our Site, you agreed to cooperate fully with ARTUGO to investigate any suspected or actual activity that is in breach of these Terms.
- You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
- We reserve the right to terminate Your Account or to refuse any services to you, without notice to you, at any time and for any reason. Without limiting the above, if you are doing any breaches to the Terms, we will, in appropriate circumstances, permanently terminate Your Account and remove all of Your Content from the Site.
- You have the right to terminate Your Account at any time. You may terminate Your Account by following the instructions on the Site.
- If voluntarily terminate Your Account or allow Your Account lapse, you may reactive Your Account at any time through the account interface on the Site. Accounts terminated by us for any type of abuse, including without limitation, a violation of these Terms, may not be reactivated.
- Certain features of the Site may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Site (“Your Content”). You may not post, upload, transmit or submit to the Site any of Your Content that you did not create or that you do not have express written permission to post. By providing Your Content to us, you represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection. You will not submit any content that:
- violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from Your Content that you submit;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- is an advertisement for goods or services or a solicitation of funds;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- contains a formula, instruction, or advice that could cause harm or injury.
- We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any or no reason, and without notice to you.We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’ services or features, by their users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Site or restrict your access to part or all of the features or services on the Site, if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
- By submitting Your Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish Your Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in the content. Furthermore, you also grant other users permission to access Your Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish Your Content for personal, non-commercial use as permitted by the functionality of any of our site, this Terms and applicable law.
- By submitting Your Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of Your Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights” with respect to Your Content.
- We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s services or features, by their users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Site or restrict your access to part or all of the features or services on the Site, if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
SITE CONTENT & THIRD PARTY LINKS
- We provide our Site and Site Content, for the commercial, entertainment and promotional purposes of providing web-based services for the web design and web development of others. You may not rely on any information and opinions expressed on any of our Site for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Site Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Site Content.
- In many instances, Site Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our Site by anyone other than authorized employees or spokespersons while acting in their official capacities.
- If there is a dispute between persons accessing our Site or between persons accessing our Site and any third party, you understand and agree that we are under no obligation to become involved.
- These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, these websites or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
LINKING TO THE SITE
You agree that if you include a link from any website to any of the Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and may revoke your right to link to the Site.
You agree to indemnify and hold harmless ARTUGO and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of any of our Site and/or Services; (ii) Your Content provided by you or through use of Your Account; (iii) any actual or alleged violation or breach by you of these Terms; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
We administer, control and operate Site from Jakarta, Republic of Indonesia. The Site are accessible worldwide; however some of it features or functions may not be available or appropriate for use outside the Republic Indonesia and/or may not be available to all persons or in all geographic locations. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, cities or any jurisdictions outside of the Republic of Indonesia. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and any geographic area. All Services and offers for any feature or function made on the Site are void where prohibited.
The Site provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on the Site.
Some content on the Site is provided by the users. With the exception of the limited license granted to us in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content provided by users. We also do not independently verify the representations and warranties made by the users with respect to such content.
THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER WE NOR ANY OF RELATED PARTIES WARRANT THAT THE SITE, THE SERVICES OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE AND RELATED PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE AND THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR LIABILITY ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, WILL WE OR ANY OF THE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR INABILITY TO USE THE SITE, OR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such jurisdictions, our and the related parties’ liability shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL WE OR RELATED PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR AND/OR THE RELATED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED.
NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and require our users to do the same. To notify us of your claim of copyright infringement related to any Site Content, please send a written communication to us.
Your notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in and required by applicable law.
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless we first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
We reserve the right to modify, suspend, refuse or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice or liability to you, any portion of the Site and/or any of the Services.
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and all revisions will become effective upon the earlier of (a) posting of the revisions on the Site, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “last updated and effective” date at the top of this page to ensure that you are familiar with the most recent version of these Terms. Your continued use of any of the Site or the Services after the effective date of any revisions means that you accept and agree to all such revisions.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
GOVERNING LAW AND JURISDICTION
By visiting or using the Site, you agree that the laws of the Republic of Indonesia without regard to the principles of conflicts of laws, will govern your use of the Site and the Services, and these Terms and all matters relating to your access to and/or use of the Site or the Services, including all disputes between you and us and/or the Related Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in the Central Jakarta District Court and the related appellate courts, in any related action or proceeding. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SITE OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN SIX (6) MONTHS AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) 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 full effect.
All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to PT Kreasi Arduo Indonesia (ARTUGO) as stated in https://www.artugo.co.id/contact.