The following terms
and conditions govern all use of the hobbykudesign.blogspot.com website and all
content, services and products available at or through the website (taken
together, the Website). The Website is owned and operated by Hendra. The Website
is offered subject to your acceptance without modification of all of the terms
and conditions contained herein and all other operating rules, policies
(including, without limitation, Hendra Privacy Policy) and procedures that may
be published from time to time on this Site by Hendra (collectively, the
"Agreement").
Please read this
Agreement carefully before accessing or using the Website. By accessing or
using any part of the web site, you agree to become bound by the terms and
conditions of this agreement. If you do not agree to all the terms and
conditions of this agreement, then you may not access the Website or use any
services. If these terms and conditions are considered an offer by Hendra,
acceptance is expressly limited to these terms. The Website is available only
to individuals who are at least 13 years old.
1.
Your hobbykudesign.blogspot.com Account and Site. If you create
a blog/site on the Website, you are responsible for maintaining the security of
your account and blog, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with the
blog. You must not describe or assign keywords to your blog in a misleading or
unlawful manner, including in a manner intended to trade on the name or
reputation of others, and Hendra may change or remove any description or
keyword that it considers inappropriate or unlawful, or otherwise likely to
cause Hendra liability. You must immediately notify Hendra of any unauthorized
uses of your blog, your account or any other breaches of security. Hendra will
not be liable for any acts or omissions by You, including any damages of any
kind incurred as a result of such acts or omissions.
2.
Responsibility of Contributors. If you operate a blog, comment
on a blog, post material to the Website, post links on the Website, or
otherwise make (or allow any third party to make) material available by means
of the Website (any such material, "Content"), You are entirely
responsible for the content of, and any harm resulting from, that Content. That
is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content available, you
represent and warrant that:
§
the downloading, copying and use of the Content will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark or trade secret rights, of any third party;
§
if your employer has rights to intellectual property you create,
you have either (i) received permission from your employer to post or make
available the Content, including but not limited to any software, or (ii)
secured from your employer a waiver as to all rights in or to the Content;
§
you have fully complied with any third-party licenses relating
to the Content, and have done all things necessary to successfully pass through
to end users any required terms;
§
the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive content;
§
the Content is not spam, is not machine- or randomly-generated,
and does not contain unethical or unwanted commercial content designed to drive
traffic to third party sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing) or mislead recipients as
to the source of the material (such as spoofing);
§
the Content is not pornographic, does not contain threats or
incite violence towards individuals or entities, and does not violate the
privacy or publicity rights of any third party;
§
your blog is not getting advertised via unwanted electronic
messages such as spam links on newsgroups, email lists, other blogs and web
sites, and similar unsolicited promotional methods;
§
your blog is not named in a manner that misleads your readers
into thinking that you are another person or company. For example, your blog's
URL or name is not the name of a person other than yourself or company other
than your own; and
§
you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses and effects of
the materials, whether requested to do so by Hendra or otherwise.
By submitting
Content to Hendra for inclusion on your Website, you grant Hendra a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
the Content solely for the purpose of displaying, distributing and promoting
your blog. If you delete Content, Hendra will use reasonable efforts to remove
it from the Website, but you acknowledge that caching or references to the
Content may not be made immediately unavailable.
Without limiting
any of those representations or warranties, Hendra has the right (though not
the obligation) to, in Hendra sole discretion (i) refuse or remove any content
that, in Hendra reasonable opinion, violates any Hendra policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of the
Website to any individual or entity for any reason, in Hendra sole discretion. Hendra
will have no obligation to provide a refund of any amounts previously paid.
3.
Payment and Renewal.
§
General Terms.
By selecting a product or service, you agree to pay Hendra the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
By selecting a product or service, you agree to pay Hendra the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
§
Automatic Renewal.
Unless you notify Hendra before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Hendra in writing.
Unless you notify Hendra before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Hendra in writing.
4.
Services.
§
Fees; Payment. By signing up for a Services account
you agree to pay Hendra the applicable setup fees and recurring fees. Applicable
fees will be invoiced starting from the day your services are established and
in advance of using such services. Hendra reserves the right to change the
payment terms and fees upon thirty (30) days prior written notice to you.
Services can be canceled by you at anytime on thirty (30) days written notice
to Hendra.
§
Support. If your service includes access to priority email support.
"Email support" means the ability to make requests for technical
support assistance by email at any time (with reasonable efforts by Hendra to
respond within one business day) concerning the use of the VIP Services.
"Priority" means that support takes priority over support for users
of the standard or free hobbykudesign.blogspot.com services. All support will
be provided in accordance with Hendra standard services practices, procedures
and policies.
5.
Responsibility of Website Visitors. Hendra has
not reviewed, and cannot review, all of the material, including computer
software, posted to the Website, and cannot therefore be responsible for that
material's content, use or effects. By operating the Website, Hendra does not
represent or imply that it endorses the material there posted, or that it
believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third parties, or
the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. Hendra disclaims any responsibility for any
harm resulting from the use by visitors of the Website, or from any downloading
by those visitors of content there posted.
6.
Content Posted on Other Websites. We have not
reviewed, and cannot review, all of the material, including computer software,
made available through the websites and webpages to which hobbykudesign.blogspot.com
links, and that link to ilmuphotoshop.net. Hendra does not have any control
over those non-Hendra websites and webpages, and is not responsible for their
contents or their use. By linking to a non-Hendra website or webpage, Hendra
does not represent or imply that it endorses such website or webpage. You are responsible
for taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive
content. Hendra disclaims any responsibility for any harm resulting from your
use of non-Hendra websites and webpages.
7.
Copyright Infringement and DMCA Policy. As Hendra
asks others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located on
or linked to by hobbykudesign.blogspot.com violates your copyright, you are
encouraged to notify Hendra in accordance with Hendra Digital Millennium
Copyright Act ("DMCA") Policy. Hendra will respond to all such
notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. Hendra will
terminate a visitor's access to and use of the Website if, under appropriate
circumstances, the visitor is determined to be a repeat infringer of the
copyrights or other intellectual property rights of Hendra or others. In the
case of such termination, Hendra will have no obligation to provide a refund of
any amounts previously paid to Hendra.
8.
Intellectual Property. This Agreement does not
transfer from Hendra to you any Hendra or third party intellectual property,
and all right, title and interest in and to such property will remain (as
between the parties) solely with Hendra. Hendra, ilmuphotoshop.net, the hobbykudesign.blogspot.com
logo, and all other trademarks, service marks, graphics and logos used in
connection with ilmuphotoshop.net, or the Website are trademarks or registered
trademarks of Hendra or Hendra licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the trademarks of
other third parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any Hendra or third-party trademarks.
9.
Advertisements. Hendra reserves the right to
display advertisements on your blog unless you have purchased an ad-free
account.
10. Attribution. Hendra reserves
the right to display attribution links such as 'Blog at ilmuphotoshop.net,'
theme author, and font attribution in your blog footer or toolbar.
11. Partner Products. By activating
a partner product (e.g. theme) from one of our partners, you agree to that
partner's terms of service. You can opt out of their terms of service at any
time by de-activating the partner product.
12. Domain Names. If you are
registering a domain name, using or transferring a previously registered domain
name, you acknowledge and agree that use of the domain name is also subject to
the policies of the Internet Corporation for Assigned Names and Numbers
("ICANN"), including their Registration Rights and
Responsibilities.
13. Changes. Hendra reserves the
right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the Website following the posting of any
changes to this Agreement constitutes acceptance of those changes. Hendra may
also, in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this Agreement.
14. Termination. Hendra may
terminate your access to all or any part of the Website at any time, with or
without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your hobbykudesign.blogspot.com account (if you
have one), you may simply discontinue using the Website. Notwithstanding the
foregoing, if you have a paid services account, such account can only be
terminated by Hendra if you materially breach this Agreement and fail to cure
such breach within thirty (30) days from Hendra notice to you thereof; provided
that, Hendra can terminate the Website immediately as part of a general shut
down of our service. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
15. Disclaimer of Warranties. The Website
is provided "as is". Hendra and its suppliers and licensors hereby
disclaim all warranties of any kind, express or implied, including, without
limitation, the warranties of merchantability, fitness for a particular purpose
and non-infringement. Neither Hendra nor its suppliers and licensors, makes any
warranty that the Website will be error free or that access thereto will be
continuous or uninterrupted. You understand that you download from, or
otherwise obtain content or services through, the Website at your own
discretion and risk.
16. Limitation of Liability. In no event
will Hendra, or its suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict
liability or other legal or equitable theory for: (i) any special, incidental
or consequential damages; (ii) the cost of procurement for substitute products
or services; (iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to Hendra under this
agreement during the twelve (12) month period prior to the cause of action. Hendra
shall have no liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent prohibited by
applicable law.
17. General Representation and
Warranty. You represent and warrant that (i) your use of the Website
will be in strict accordance with the Hendra Privacy Policy, with this
Agreement and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside) and (ii)
your use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
18. Indemnification. You agree to
indemnify and hold harmless Hendra, its contractors, and its licensors, and
their respective directors, officers, employees and agents from and against any
and all claims and expenses, including attorneys' fees, arising out of your use
of the Website, including but not limited to your violation of this Agreement.
19. Miscellaneous. This
Agreement constitutes the entire agreement between Hendra and you concerning
the subject matter hereof, and they may only be modified by a written amendment
signed by an authorized executive of Hendra, or by the posting by Hendra of a
revised version. Except to the extent applicable law, if any, provides
otherwise, this Agreement, any access to or use of the Website will be governed
by the laws of the Indonesia, excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any of the same
will be the state and federal courts located in Jakarta. Except for claims for
injunctive or equitable relief or claims regarding intellectual property rights
(which may be brought in any competent court without the posting of a bond),
any dispute arising under this Agreement shall be finally settled in accordance
with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation
Service, Inc. ("JAMS") by three arbitrators appointed in accordance
with such Rules. The arbitration shall take place in Tangerang, in the English
language and the arbitral decision may be enforced in any court. The prevailing
party in any action or proceeding to enforce this Agreement shall be entitled
to costs and attorneys' fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties' original
intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to
any party that consents to, and agrees to be bound by, its terms and
conditions; Hendra may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.
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Judul Artikel: Terms of Service
link : Terms of Service
Terms of Service
The following terms
and conditions govern all use of the hobbykudesign.blogspot.com website and all
content, services and products available at or through the website (taken
together, the Website). The Website is owned and operated by Hendra. The Website
is offered subject to your acceptance without modification of all of the terms
and conditions contained herein and all other operating rules, policies
(including, without limitation, Hendra Privacy Policy) and procedures that may
be published from time to time on this Site by Hendra (collectively, the
"Agreement").
Please read this
Agreement carefully before accessing or using the Website. By accessing or
using any part of the web site, you agree to become bound by the terms and
conditions of this agreement. If you do not agree to all the terms and
conditions of this agreement, then you may not access the Website or use any
services. If these terms and conditions are considered an offer by Hendra,
acceptance is expressly limited to these terms. The Website is available only
to individuals who are at least 13 years old.
1.
Your hobbykudesign.blogspot.com Account and Site. If you create
a blog/site on the Website, you are responsible for maintaining the security of
your account and blog, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with the
blog. You must not describe or assign keywords to your blog in a misleading or
unlawful manner, including in a manner intended to trade on the name or
reputation of others, and Hendra may change or remove any description or
keyword that it considers inappropriate or unlawful, or otherwise likely to
cause Hendra liability. You must immediately notify Hendra of any unauthorized
uses of your blog, your account or any other breaches of security. Hendra will
not be liable for any acts or omissions by You, including any damages of any
kind incurred as a result of such acts or omissions.
2.
Responsibility of Contributors. If you operate a blog, comment
on a blog, post material to the Website, post links on the Website, or
otherwise make (or allow any third party to make) material available by means
of the Website (any such material, "Content"), You are entirely
responsible for the content of, and any harm resulting from, that Content. That
is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content available, you
represent and warrant that:
§
the downloading, copying and use of the Content will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark or trade secret rights, of any third party;
§
if your employer has rights to intellectual property you create,
you have either (i) received permission from your employer to post or make
available the Content, including but not limited to any software, or (ii)
secured from your employer a waiver as to all rights in or to the Content;
§
you have fully complied with any third-party licenses relating
to the Content, and have done all things necessary to successfully pass through
to end users any required terms;
§
the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive content;
§
the Content is not spam, is not machine- or randomly-generated,
and does not contain unethical or unwanted commercial content designed to drive
traffic to third party sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing) or mislead recipients as
to the source of the material (such as spoofing);
§
the Content is not pornographic, does not contain threats or
incite violence towards individuals or entities, and does not violate the
privacy or publicity rights of any third party;
§
your blog is not getting advertised via unwanted electronic
messages such as spam links on newsgroups, email lists, other blogs and web
sites, and similar unsolicited promotional methods;
§
your blog is not named in a manner that misleads your readers
into thinking that you are another person or company. For example, your blog's
URL or name is not the name of a person other than yourself or company other
than your own; and
§
you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses and effects of
the materials, whether requested to do so by Hendra or otherwise.
By submitting
Content to Hendra for inclusion on your Website, you grant Hendra a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
the Content solely for the purpose of displaying, distributing and promoting
your blog. If you delete Content, Hendra will use reasonable efforts to remove
it from the Website, but you acknowledge that caching or references to the
Content may not be made immediately unavailable.
Without limiting
any of those representations or warranties, Hendra has the right (though not
the obligation) to, in Hendra sole discretion (i) refuse or remove any content
that, in Hendra reasonable opinion, violates any Hendra policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of the
Website to any individual or entity for any reason, in Hendra sole discretion. Hendra
will have no obligation to provide a refund of any amounts previously paid.
3.
Payment and Renewal.
§
General Terms.
By selecting a product or service, you agree to pay Hendra the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
By selecting a product or service, you agree to pay Hendra the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
§
Automatic Renewal.
Unless you notify Hendra before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Hendra in writing.
Unless you notify Hendra before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Hendra in writing.
4.
Services.
§
Fees; Payment. By signing up for a Services account
you agree to pay Hendra the applicable setup fees and recurring fees. Applicable
fees will be invoiced starting from the day your services are established and
in advance of using such services. Hendra reserves the right to change the
payment terms and fees upon thirty (30) days prior written notice to you.
Services can be canceled by you at anytime on thirty (30) days written notice
to Hendra.
§
Support. If your service includes access to priority email support.
"Email support" means the ability to make requests for technical
support assistance by email at any time (with reasonable efforts by Hendra to
respond within one business day) concerning the use of the VIP Services.
"Priority" means that support takes priority over support for users
of the standard or free hobbykudesign.blogspot.com services. All support will
be provided in accordance with Hendra standard services practices, procedures
and policies.
5.
Responsibility of Website Visitors. Hendra has
not reviewed, and cannot review, all of the material, including computer
software, posted to the Website, and cannot therefore be responsible for that
material's content, use or effects. By operating the Website, Hendra does not
represent or imply that it endorses the material there posted, or that it
believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third parties, or
the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. Hendra disclaims any responsibility for any
harm resulting from the use by visitors of the Website, or from any downloading
by those visitors of content there posted.
6.
Content Posted on Other Websites. We have not
reviewed, and cannot review, all of the material, including computer software,
made available through the websites and webpages to which hobbykudesign.blogspot.com
links, and that link to ilmuphotoshop.net. Hendra does not have any control
over those non-Hendra websites and webpages, and is not responsible for their
contents or their use. By linking to a non-Hendra website or webpage, Hendra
does not represent or imply that it endorses such website or webpage. You are responsible
for taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive
content. Hendra disclaims any responsibility for any harm resulting from your
use of non-Hendra websites and webpages.
7.
Copyright Infringement and DMCA Policy. As Hendra
asks others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located on
or linked to by hobbykudesign.blogspot.com violates your copyright, you are
encouraged to notify Hendra in accordance with Hendra Digital Millennium
Copyright Act ("DMCA") Policy. Hendra will respond to all such
notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. Hendra will
terminate a visitor's access to and use of the Website if, under appropriate
circumstances, the visitor is determined to be a repeat infringer of the
copyrights or other intellectual property rights of Hendra or others. In the
case of such termination, Hendra will have no obligation to provide a refund of
any amounts previously paid to Hendra.
8.
Intellectual Property. This Agreement does not
transfer from Hendra to you any Hendra or third party intellectual property,
and all right, title and interest in and to such property will remain (as
between the parties) solely with Hendra. Hendra, ilmuphotoshop.net, the hobbykudesign.blogspot.com
logo, and all other trademarks, service marks, graphics and logos used in
connection with ilmuphotoshop.net, or the Website are trademarks or registered
trademarks of Hendra or Hendra licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the trademarks of
other third parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any Hendra or third-party trademarks.
9.
Advertisements. Hendra reserves the right to
display advertisements on your blog unless you have purchased an ad-free
account.
10. Attribution. Hendra reserves
the right to display attribution links such as 'Blog at ilmuphotoshop.net,'
theme author, and font attribution in your blog footer or toolbar.
11. Partner Products. By activating
a partner product (e.g. theme) from one of our partners, you agree to that
partner's terms of service. You can opt out of their terms of service at any
time by de-activating the partner product.
12. Domain Names. If you are
registering a domain name, using or transferring a previously registered domain
name, you acknowledge and agree that use of the domain name is also subject to
the policies of the Internet Corporation for Assigned Names and Numbers
("ICANN"), including their Registration Rights and
Responsibilities.
13. Changes. Hendra reserves the
right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the Website following the posting of any
changes to this Agreement constitutes acceptance of those changes. Hendra may
also, in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this Agreement.
14. Termination. Hendra may
terminate your access to all or any part of the Website at any time, with or
without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your hobbykudesign.blogspot.com account (if you
have one), you may simply discontinue using the Website. Notwithstanding the
foregoing, if you have a paid services account, such account can only be
terminated by Hendra if you materially breach this Agreement and fail to cure
such breach within thirty (30) days from Hendra notice to you thereof; provided
that, Hendra can terminate the Website immediately as part of a general shut
down of our service. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
15. Disclaimer of Warranties. The Website
is provided "as is". Hendra and its suppliers and licensors hereby
disclaim all warranties of any kind, express or implied, including, without
limitation, the warranties of merchantability, fitness for a particular purpose
and non-infringement. Neither Hendra nor its suppliers and licensors, makes any
warranty that the Website will be error free or that access thereto will be
continuous or uninterrupted. You understand that you download from, or
otherwise obtain content or services through, the Website at your own
discretion and risk.
16. Limitation of Liability. In no event
will Hendra, or its suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict
liability or other legal or equitable theory for: (i) any special, incidental
or consequential damages; (ii) the cost of procurement for substitute products
or services; (iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to Hendra under this
agreement during the twelve (12) month period prior to the cause of action. Hendra
shall have no liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent prohibited by
applicable law.
17. General Representation and
Warranty. You represent and warrant that (i) your use of the Website
will be in strict accordance with the Hendra Privacy Policy, with this
Agreement and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside) and (ii)
your use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
18. Indemnification. You agree to
indemnify and hold harmless Hendra, its contractors, and its licensors, and
their respective directors, officers, employees and agents from and against any
and all claims and expenses, including attorneys' fees, arising out of your use
of the Website, including but not limited to your violation of this Agreement.
19. Miscellaneous. This
Agreement constitutes the entire agreement between Hendra and you concerning
the subject matter hereof, and they may only be modified by a written amendment
signed by an authorized executive of Hendra, or by the posting by Hendra of a
revised version. Except to the extent applicable law, if any, provides
otherwise, this Agreement, any access to or use of the Website will be governed
by the laws of the Indonesia, excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any of the same
will be the state and federal courts located in Jakarta. Except for claims for
injunctive or equitable relief or claims regarding intellectual property rights
(which may be brought in any competent court without the posting of a bond),
any dispute arising under this Agreement shall be finally settled in accordance
with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation
Service, Inc. ("JAMS") by three arbitrators appointed in accordance
with such Rules. The arbitration shall take place in Tangerang, in the English
language and the arbitral decision may be enforced in any court. The prevailing
party in any action or proceeding to enforce this Agreement shall be entitled
to costs and attorneys' fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties' original
intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to
any party that consents to, and agrees to be bound by, its terms and
conditions; Hendra may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.
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