2. DESCRIPTION OF SERVICE AND CONTENT POLICY
- Iklan Baris acts as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors, Iklan Baris is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Iklan Baris is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
- You understand that Iklan Baris does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails outside Iklan Baris’s e-mail system or other means of electronic communication, whether through the Website or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Iklan Baris be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Iklan Baris does not pre-screen or approve any Content, but that Iklan Baris has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to Iklan Baris. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Iklan Baris makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Iklan Baris disclaims all liability thereto.
You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Iklan Baris to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms, and;
- you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to Iklan Baris, you hereby grant to Iklan Baris an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Iklan Baris in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Iklan Baris all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.
Iklan Baris does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Iklan Baris expressly disclaims any and all liability in connection with user Content. Iklan Baris does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Iklan Baris may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another's intellectual property rights. Iklan Baris reserves the right to remove any Content without prior notice. Iklan Baris may also terminate a user's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice.Further, at its sole discretion, Iklan Baris reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. Iklan Baris may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
- Iklan Baris may provide a video service to you if you upload photographs for your ad. By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, Iklan Baris may, at its discretion, create a video of your photographs, upload the video via third party service provider, as determined by Iklan Baris at its discretion, and embed the video into your ad on Iklan Baris.
You agree not to post, email, or otherwise make available Content:
- that violates any law;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Iklan Baris all of the license rights granted herein;
- that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that violates the Fair Housing Act, as amended, including its implementing regulations and any Presidential Executive Order related thereto, by stating, in any notice or advertisements for the sale or rental of any dwelling not excluded by such Act, a discriminatory preference based sex, familial status or handicap, race, color, national origin, religion, (or violates any applicable state or local law prohibiting discrimination on the basis of aforementioned characteristics or any other characteristics);
- that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive of another's privacy or other rights, or harms or could harm minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates any federal, state, or local equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- that includes personal or identifying information about another person without that person's explicit consent;
- that impersonates any person or entity, including, but not limited to, Iklan Baris employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
- that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
that constitutes or contains any form of advertising or solicitation if :
- posted in areas or categories of the Website which are not designated for such purposes, or;
- e-mailed to Iklan Baris users who have requested not to be contacted about other services, products or commercial interests;
- that includes links to commercial services or Third Party Websites, except as specifically allowed by Iklan Baris;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law of Republic of Indonesia;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; or to "stalk" or otherwise harass anyone;
- make any libelous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search enginesand non-commercial public archives that comply with our robots.txt file;
- post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- attempt to gain unauthorized access to computer systems owned or controlled by Iklan Baris or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
- use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Iklan Baris's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
- use any automated device or software that enables the submission of automatic postings on Iklan Baris's without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals;
4. PAID POSTINGS
Iklan Baris may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms.
5. POSTING AGENTS
As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. Iklan Baris prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Iklan Baris. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service to in order to post Content on behalf of others, except with express written permission or license from Iklan Baris.
6. ACCESS TO THE SERVICE
Iklan Baris grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following:
- access to or use of the Service by Posting Agents, or;
- any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Iklan Baris or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Iklan Baris.
7. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under Section 2(C) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Iklan Baris, and are subject to copyright and other intellectual property rights under Republic of Indonesia. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Iklan Baris reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes.
If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
8. USER SUBMISSIONS
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that Iklan Baris is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Iklan Baris with respect thereto.
You agree to defend, indemnify and hold harmless Iklan Baris, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
- your use of and access to the Website and/or the Service;
- your violation of any term of these Terms;
- your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right, or;
- any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
10. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Iklan Baris email addresses or through Iklan Baris computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Iklan Baris may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Iklan Baris e mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Iklan Baris computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
11. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that Iklan Baris shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Iklan Baris shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Iklan Baris is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Iklan Baris, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
12. LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that Iklan Baris may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that Iklan Baris has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that Iklan Baris reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Iklan Baris shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Iklan Baris, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Iklan Baris believes that you have violated these Terms. Further, you agree that Iklan Baris shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
13. DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an “AS IS” or “AS AVAILABLE” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law of Iklan Baris, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Iklan Baris makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any third party websites linked to the website and assumes no liability or responsibilty for any :
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service;
- any unauthorized access to or use of our services and/or any and all personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from the website;
- any bugs, viruses, or the like which may be transmitted to or through the website by any third party, and/or;
- 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, communicated, transmitted, or otherwise made available via the website or the service. Iklan Baris does not warrant, endorse, guarantee, or assume responsibilty 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 Iklan Baris will not be a party to or in any way be responsible for monitoring any transaction between you and/ or other users and/or third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
14. LIMITATIONS OF LIABILITY
In no event shall Iklan Baris, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages ( even if Iklan Baris has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. Such limitation of liability shall also apply with respects to damages incurred by reason of other services or products received through or advertised in connection with the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the Iklan Baris site. These limitations shall apply to the fullest extent permitted by law of Republic of Indonesia. You specifically acknowledge and agree that Iklan Baris shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Iklan Baris without restriction. Any assignment or transfer by you shall be null and void.
16. ABILITY TO ACCEPT TERMS OF SERVICE
This Website is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS
If you are under the age of 13, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian