1. AGREEMENT AND ACCEPTANCE
1.2 You agree that the laws of the Republic of Indonesia law will govern this Agreement and to submit to the non-exclusive jurisdiction of the courts of the Republic of Indonesia for any dispute in relation to or involving the Website.
1.3 You warrant and attest that you are of the age of majority. By using our Website, you are confirming that you meet the minimum age. You further agree that you fully understand the contents, meaning and impact of this Agreement and warrant and represent that you are fully able and competent to enter into and be bound by this Agreement.
1.4 The Website is controlled and offered by us from our facilities in the Republic of Indonesia. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.
1.6 In order to participate in certain activities or services offered on the Website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All rights in (i) the Content (Editorial items originally published by the Prestige team); and (ii) the trade dress of the Website and any and all trade marks, service marks and logos contained therein (collectively, the “Marks”), are owned by or licensed to us and/or our related entities, and subject to copyright and other intellectual property rights under Indonesia and foreign laws and international conventions acceded to by Indonesia.
2.2 Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.
2.3 The Content on the Website is provided to you as is for Approved Use only, and may not be used, sold, copied, reproduced, distributed, transmitted, broadcast, displayed, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent or unless otherwise expressly provided in the descriptive text accompanying the Content, our related entities and the respective rights owners. We reserve all rights not expressly granted in and to the Website and the Content. You agree to and acknowledge that you are not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying and/or distribution of User Submissions (as defined below) obtained through the Website for any other purpose other than for Approved Use. If you download or print a copy of the Content for Approved Use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any and all security related features of our Website or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
3. WARRANTY AND DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(C)FAILURE TO OBTAIN CLEARANCE, RELEASE, LICENCE, WAIVER OR APPROVAL FROM THE OWNERS OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS IN MATERIALS INCLUDED IN THE WEBSITE OR ANY CONTENT;
(D) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;
(F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
(G) 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 UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.
4. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(C) FAILURE TO OBTAIN CLEARANCE, RELEASE, LICENCE, WAIVER OR APPROVAL FROM THE OWNERS OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS IN MATERIALS INCLUDED IN THE WEBSITE OR ANY CONTENT;
(D) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
(G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR AFFLIATES OR RELATED ENTITIES, SHALL BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
(a) your use of and access to our Website;
(c) your violation of any third party right, including without limitation any intellectual property, property, or privacy right; or
7.4 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.
7.5 No third party shall have any right pursuant to the Contract (Rights of Third Parties) Act (Cap. 53B) of the Republic of Indonesia to enforce any of the above terms and conditions.