THESE TERMS OF USE WERE LAST MODIFIED ON June 25th, 2012
1. Definitions
1.1 "lombafotoastra.satu-indonesia.com Service" means all of the services that Lomba Foto Astra offers on the lombafotoastra.satu-indonesia.com Web Site, including the "Subscription Service," and all technology, processes and materials used to provide such services.
1.2 "lombafotoastra.satu-indonesia.com Web Site" or the "Web Site" means the web site located at the domain names "lombafotoastra.satu-indonesia.com" and at suc sites on which lombafotoastra.satu-indonesia.com may offer the Lomba Foto Astra Service
1.3 "Printing Service" means the print production service offered by lombafotoastra.satu-indonesia.com that enables Members to customize and print Products for the
1.4 "Registered User" means any person or entity who opens and maintains an account with lombafotoastra.satu-indonesia.com.
1.5 "Subscription Service" means lombafotoastra.satu-indonesia.com fee-based subscription service that contains additional premium features for Members, including Online Photo Gallery.
1.6 "Member" means any person or entity who uses the Subscription Service.
1.7 "Product" means any product designed, manufactured, marketed or sold using the lombafotoastra.satu-indonesia.com Service.
1.8 "Print Store" and "Store" mean a store created and maintained on the lombafotoastra.satu-indonesia.com Web Site.
1.9 "Store Owner" means any person or entity who opens and maintains a Store.
2. General Rules
2.1 You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the Lomba Foto Astra Service, lombafotoastra.satu-indonesia.com Web Site, use its freely-available services, use the Registered User service, purchase Products, or participate in Subscription Servi
2.2 Lombafotoastra.satu-indonesia.com will only provide the lombafotoastra.satu-indonesia.com Service to persons and entities who can form legally binding and enf Without limiting the foregoing, the lombafotoastra.satu-indonesia.com Service is not available to children under the age of 13, or to temporarily or indefinitely suspe the age of 13, you can use this Website only in conjunction with your parents or guardians pursuant to the rules set forth in the Children’s Online Privacy Protection A registering with consent from your parents or guardians, please contact us at
[email protected] before completing the registration process.
2.3 Lombafotoastra.satu-indonesia.com may modify the lombafotoastra.satu-indonesia.com Service at any time with or without notice to you.
2.4 If lombafotoastra.satu-indonesia.com determines, in its sole and absolute discretion, that you will breach a term or condition of this Agreement by designing, ma infringes the rights of others or otherwise does not meet the standards of lombafotoastra.satu-indonesia.com, lombafotoastra.satu-indonesia.com may cancel any ord or any third party.
3. Opening an Account
3.1 To become a Registered User, you must open an account with lombafotoastra.satu-indonesia.com through its online registration process. Only Registered Users ha Members, and use certain portions of the lombafotoastra.satu-indonesia.com Service. lombafotoastra.satu-indonesia.com reserves the right in its sole discretion to d of any party it believes to be providing false or misleading information to lombafotoastra.satu-indonesia.com, or for any other reason.
3.2 Those Registered Users that are inactive for six (6) months or more may be removed from the Website, without notice, at the sole discretion of lombafotoastra.sa
3.3 When registering as a Registered User, you must choose a unique User Name and Password. You are solely responsible for protecting your User Name and Password reasonable person uses to protect his or her other confidential information. You may not disclose your Password to any third party or share your Password with any thi lombafotoastra.satu-indonesia.com You may not use your User Name or Password for any unauthorized purpose. If there is a breach of confidentiality of your User Na through your account, you shall promptly notify lombafotoastra.satu-indonesia.com of such breach and provide lombafotoastra.satu-indonesia.com a full and complet such breach.
You agree that lombafotoastra.satu-indonesia.com and other users of the website may, and are entitled to, rely upon and solely attribute to you any action (including undertaken using your User Name or Password or using your computer systems or facilities. Therefore, you are solely liable for any loss or damages, in whatever form, Password or your computer systems or facilities by any person or entity, whether or not such misuse is due to your fault or negligence. You agree that the provision se attribution to you of actions taken using your User Name or Password, computer systems or facilities) is commercially reasonable.
3.4 lombafotoastra.satu-indonesia.com will be entitled to disclose Registered User Information to governmental or regulatory officials in the event of an emergency o officials. Any Registered User that provides or uses false or inaccurate Registered User Information to conduct transactions using the Website may be subject to prose
3.5 You acknowledge and agree that lombafotoastra.satu-indonesia.com collection and use of Registered User Information, and lombafotoastra.satu-indonesia.com op provided thereby in accordance with this Agreement in no way constitutes an actionable breach of any privacy or other right, whether in equity, law, contract or othe claims or rights of action whether foreseen or unforeseen.
3.6 Pursuant to UU no. 19, 2002, lombafotoastra.satu-indonesia.com will terminate the membership of any Registered User who uses the Website to unlawfully trans valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to lombafotoastra.satu-indonesia.com and later confirmation Registered User that he or she has been an instrument of unlawful infringement, lombafotoastra.satu-indonesia.com will terminate the use of the Website by the Regi
4. Your Conduct
4.1 Generally, you must use the lombafotoastra.satu-indonesia.com Service in a manner that demonstrates good taste and respect for the rights of lombafotoastra.sat
4.2 You will not use the lombafotoastra.satu-indonesia.com Service to post content or to design, manufacture, market or sell a Product that (i) infringes the rights of copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to programs, (iv) contains explicitly sexual content, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of lan otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) exploits images or the likeness of minors, (viii) encourages the use of drugs or th is generally offensive or in bad taste.
4.3 You will not (i) use "spam," "blast-faxes" or recorded telephone messages to market or sell Products, (ii) interfere with the lombafotoastra.satu-indonesia.com Ser technology designed to disrupt or damage any software or hardware, (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any techn indonesia.com Service, (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the lombafotoastra.satu-indonesia.com Web S other information from third parties by using the lombafotoastra.satu-indonesia.com Service, (vi) impersonate another person or entity, (viii) engage in any activity t use or enjoy the lombafotoastra.satu-indonesia.com Service or (ix) assist any third party in engaging in any activity prohibited by this Agreement.
4.4 You are solely and exclusively responsible for ensuring that all Media you provide through use of the lombafotoastra.satu-indonesia.com Service is in compliance w and all applicable laws, regulations and rules.
4.5 lombafotoastra.satu-indonesia.com in its sole discretion, without notice, may remove any Media at any time posted by a Registered User to the Website regardles lombafotoastra.satu-indonesia.com does not control the content (including Media) posted on the Website and, as such, does not guarantee the accuracy, integrity or using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will lombafotoastra.satu-indonesia.com be lia not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transm Website.
4.6 Subject to the terms set forth in this Agreement, lombafotoastra.satu-indonesia.com hereby grants you a limited, nontransferable, nonexclusive right to access th lombafotoastra.satu-indonesia.com makes no covenant, representation or warranty that the Website will be operational at all times or that it will continue to offer t Website. You may not use the information of lombafotoastra.satu-indonesia.com or any other Registered User in any manner that would enable a third party to obtain information and services offered thereby without first becoming a Registered User and using the Website to access such information and services. You agree that any i Website is confidential and proprietary information of lombafotoastra.satu-indonesia.com and its other users. Except as expressly set forth herein, you may not repro from the Website, electronically or otherwise. You shall not store or aggregate such information in any manner.
5. Policies Governing the lombafotoastra.satu-indonesia.com Web Site
5.1 Privacy Policy. lombafotoastra.satu-indonesia.com seeks to maintain the privacy of the information that you and other users of lombafotoastra.satu-indonesia.co indonesia.com lombafotoastra.satu-indonesia.com use of the Member Information shall be governed at all times by lombafotoastra.satu-indonesia.com then-current indonesia.com shall be entitled to amend the Privacy Policy at any time in accordance with the provision for amendment of this Agreement set forth at the beginning
5.2 No Violation of Applicable Law. You agree that you will comply at all times with all applicable Laws. You acknowledge that you are solely responsible for ensuring receive information and use the Website complies with all Laws. You may not post on the Website or sell through the Website any Good or Service where such posting cause lombafotoastra.satu-indonesia.com or any of its Affiliates to violate any applicable Law.
5.3 International Members. International Members in some countries may not use the Website or access its content. IT IS lombafotoastra.satu-indonesia.com ASSUMPT REGISTERING TO BE A MEMBER ONLY AFTER DETERMINING THAT THEIR MEMBERSHIP VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICT warrant that you are violating no law or regulation by your use of the Website, and you shall indemnify lombafotoastra.satu-indonesia.com for any and all liability tha
5.4 Currency. Unless otherwise expressly stated, all amounts shall be in Indonesia Rupiah (Rp.).
5.5 Taxes. You are responsible for paying all applicable taxes and other costs incurred by you in connection with this Agreement, including without limitation taxes an
5.6 Links. lombafotoastra.satu-indonesia.com may, in its sole discretion, and without your consent or payment to you, place links on the Website to other websites on third parties. You acknowledge and agree that lombafotoastra.satu-indonesia.com is not responsible for the operation of or content located on any such website, and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third-party websites, you acknowledge and agr lombafotoastra.satu-indonesia.com for any damages or losses of any kind arising from the third-party website and/or the link.
You are expressly prohibited from framing or linking or otherwise using or displaying the Website in such a manner so that it appears to be part of your own or someon image on the Website.
5.7 Manipulation. Registered Users may not: (a) use any device, software or routine in any attempt to interfere or disrupt the Website; or (b) take any action that im large load on the Website or lombafotoastra.satu-indonesia.com infrastructure. lombafotoastra.satu-indonesia.com reserves the right in its sole discretion to actively lombafotoastra.satu-indonesia.com believes to be engaging in such activities and terminate that Registered User’s membership.
6. Intellectual Property Rights
6.1 lombafotoastra.satu-indonesia.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the lombafotoastra.satu-i lombafotoastra.satu-indonesia.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefore. Yo any rights of lombafotoastra.satu-indonesia.com under this Agreement or otherwise.
6.2 You hereby grant lombafotoastra.satu-indonesia.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right Information and Media, and otherwise to make use of the Member Information and Media (including publishing, disseminating, broadcasting, manipulating, reproducin or displaying any part of the Member Information) and/or Media alone or as part of other work in any form, media, or technology whether now new known or hereaft indonesia.com to continue the specific operation or marketing of the site. This includes, but is certainly not limited to email "newsletters."
7. Representations and Warranties
7.1 Each party represents and warrants to the other party (i) that it has the full power and authority to enter into and perform under this Agreement, (ii) the executi under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or r and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions.
7.2 You represent and warrant to lombafotoastra.satu-indonesia.com that any content you submit to lombafotoastra.satu-indonesia.com and any Product that you des lombafotoastra.satu-indonesia.com Service will not infringe the copyright, trademark, patent, trade secret, rights of privacy and publicity or other legal right of any
8. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
8.1 Disclaimer of Warranty. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED THEREBY, IS ENTIRELY AT YOUR OWN RISK. lombafotoas WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRI DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE T DOES NOT WARRANT THAT THE WEBSITE AND SERVICES PROVIDED BY lombafotoastra.satu-indonesia.com SHALL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION, "AS IS" AND WITHOUT WARRANTY OF ANY KIND; (B) lombafotoastra.satu-indonesia.com DOES NOT AND CANNOT CONTROL THE FLOW OF DATA AND INFORMATION THRO ON THE PERFORMANCE OF THIRD PARTIES WHOSE ACTIONS OR INACTIONS MAY PRODUCE SITUATIONS IN WHICH CONNECTIONS TO THE INTERNET (OR PORTIONS THEREO WHICH LOMBA FOTO ASTRA IS NOT LIABLE; (C) lombafotoastra.satu-indonesia.com DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE MEDIA LICENSED VIA THE indonesia.com DOES NOT WARRANT THAT THE INFORMATION PROVIDED VIA THE WEBSITE, WHETHER CONCERNING THE GOODS OR SERVICES OR THE MEMBER INFORMATI ACCURATE.
8.2 No Consequential Damages. IN NO EVENT SHALL lombafotoastra.satu-indonesia.com OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTI EXEMPLARY DAMAGES, OR LOST PROFITS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, INCLUDING THROUGH THE USE SERVICES THEREBY, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF
8.3 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, lombafotoastra.satu-indonesia.com AGGREGATE LIABILITY TO YOU ARISING OUT AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO lombafotoastra.satu-indonesia.com UNDER THIS AGREEMENT DURING THE SIX-MONTH PERIO WHICH THE EVENT GIVING RISE TO THE CLAIM AGAINST lombafotoastra.satu-indonesia.com AROSE.
9. Indemnification. You agree to indemnify lombafotoastra.satu-indonesia.com, Astra International, PT. and its Affiliates for and from any loss or damages, including relating to out of: (a) your use of the lombafotoastra.satu-indonesia.com Service or any Media posted or uploaded by you, including any alleged or actual violation of use; (b) any breach or alleged breach by you of the terms of this Agreement; (c) the misuse or misappropriation of Registered User Information supplied to you; and ( whether arising from the information concerning the Media provided by you for posting on the Website, the license of such Media, the delivery of the Media, or other
10. In particular, and without limiting the foregoing, because lombafotoastra.satu-indonesia.com does not and cannot control the actions of its Registered Users, in the e Registered Users, you hereby agree to indemnify and release lombafotoastra.satu-indonesia.com and its Affiliates from any and all claims, demands, liabilities, losses of every kind and nature, whether known or unknown, suspected or unsuspected, and disclosed or undisclosed, arising out of or in any way connected with such disp
11. Additional Terms. The following agreements, rules and policies contain additional terms and conditions that govern your use of the lombafotoastra.satu-indonesia indonesia.com reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the lombafotoastra.satu-indonesia such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the Agreement, the terms of this Agreement will govern and be given precedence.
11.1 lombafotoastra.satu-indonesia.com offers the Subscription Service on the terms and conditions set forth in its Member Service Agreement.
11.2 lombafotoastra.satu-indonesia.com may collect and share your information as provided for in its Privacy Policy.
11.8 If you participate in lombafotoastra.satu-indonesia.com challenges, you will do so in accordance with its Challenge Rules.
12. Termination
12.1 At any time and with or without cause, lombafotoastra.satu-indonesia.com may immediately terminate this Agreement or any or all of rights and privileges grant hereunder, and lombafotoastra.satu-indonesia.com may also suspend your use of the Website or refuse to provide you access to the Website or the services provided t any time upon written notice to lombafotoastra.satu-indonesia.com In no event shall any termination, suspension or refusal to provide access by either lombafotoast of any obligations which have accrued under this Agreement prior to the date of such termination, suspension or refusal.
12.2 If you or lombafotoastra.satu-indonesia.com terminate your account, or if lombafotoastra.satu-indonesia.com takes any action pursuant to Section 12.1, lombaf web sites, web pages, files, graphics or other content or materials relating to your use of the lombafotoastra.satu-indonesia.com Service on lombafotoastra.satu-indo and lombafotoastra.satu-indonesia.com will have no liability to you or any third party for doing so. If you or lombafotoastra.satu-indonesia.com terminate your accou the lombafotoastra.satu-indonesia.com Web Site from any web sites you operate and cease representing yourself as a Registered User and/or Member.
