Disclaimer Terms of Service :
The
following terms and conditions govern all use of the website and all
content, services and products available at or through the website
(taken together, the Website). The Website is owned and operated by
(""). 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, Privacy
Policy) and procedures that may be published from time to time on this
Site by (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 , acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least years
old.
Your
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 may change or remove any description or
keyword that it considers inappropriate or unlawful, or otherwise likely
to cause liability. You must immediately notify of any unauthorized
uses of your blog, your account or any other breaches of security. 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.
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 or otherwise.
By
submitting Content to for inclusion on your Website, you grant 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,
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, has the right
(though not the obligation) to, in sole discretion (i) refuse or remove
any content that, in reasonable opinion, violates any 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
sole discretion. will have no obligation to provide a refund of any
amounts previously paid.
Payment and Renewal.
General Terms.
By
selecting a product or service, you agree to pay 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 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
in writing.
Services.
Fees;
Payment. By signing up for a Services account you agree to pay 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. 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 .
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 to respond
within oone business day) concerning the use of the VIP Services.
"Priority" means that support takes priority over support for users of
the standard or free services. All support will be provided in
accordance with standard services practices, procedures and policies.
Responsibility
of Website Visitors. 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, 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. 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.
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 links, and that link to . does not have
any control over those non-WordPress websites and webpages, and is not
responsible for their contents or their use. By linking to a
non-WordPress website or webpage, 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. disclaims any responsibility for any harm resulting from your
use of non-WordPress websites and webpages.
Copyright
Infringement and DMCA Policy. As 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 violates your copyright, you are encouraged to notify in accordance
with Digital Millennium Copyright Act ("DMCA") Policy. will respond to
all such notices, including as required or appropriate by removing the
infringing material or disabling all links to the infringing material.
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 or
others. In the case of such termination, will have no obligation to
provide a refund of any amounts previously paid to .
Intellectual
Property. This Agreement does not transfer from to you any or third
party intellectual property, and all right, title and interest in and to
such property will remain (as between the parties) solely with . , ,
the logo, and all other trademarks, service marks, graphics and logos
used in connection with , or the Website are trademarks or registered
trademarks of or 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 or third-party trademarks.
Advertisements. reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
Attribution.
reserves the right to display attribution links such as 'Blog at ,'
theme author, and font attribution in your blog footer or toolbar.
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.
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.
Changes.
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. 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.
Termination.
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 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 if you materially breach this
Agreement and fail to cure such breach within thirty (30) days from
notice to you thereof; provided that, 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.
Disclaimer
of Warranties. The Website is provided "as is". 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 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.
Limitation
of Liability. In no event will , 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 under this agreement during
the twelve (12) month period prior to the cause of action. 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.
General
Representation and Warranty. You represent and warrant that (i) your
use of the Website will be in strict accordance with the 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.
Indemnification.
You agree to indemnify and hold harmless , 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.
Miscellaneous.
This Agreement constitutes the entire agreement between and you
concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of , or by the
posting by 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 Jawa Timur, I.N.A.,
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 Genteng, Banyuwangi. 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 Genteng, Banyuwangi, Jawatimur, 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; 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.