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Term of Use
1. Access to the Services
Subject to the terms and conditions of this Agreement, PHIMHANHDONGHAY may offer to provide the Services, as described more fully on the Site, and which are selected by User, solely for User’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services PHIMHANHDONGHAY performs for User, as well as the offering of any Content (as defined below) on the Site. PHIMHANHDONGHAY may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. PHIMHANHDONGHAY may also impose limits on certain features and services or restrict Member’s access to parts or all of the Services without notice or liability. PHIMHANHDONGHAY reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site and by providing notice via e-mail, where possible, or on the Site. Member certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site.
PHIMHANHDONGHAY will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by PHIMHANHDONGHAY to minimize such disruption where it is within PHIMHANHDONGHAY’s reasonable control.
Member shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Member shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services
2. Site Content
The Site and its contents are intended solely for the use of PHIMHANHDONGHAY Members and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and Themes (as defined below), including without limitation the PHIMHANHDONGHAY Template Code (as defined below) (collectively, “Content”) (other than Content posted by Member (“Member Content”)) are the property of PHIMHANHDONGHAY and/or third parties and are protected by Indonesia and international copyright laws. All trademarks, service marks, and trade names are proprietary to PHIMHANHDONGHAY and/or third parties. Member shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Member may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Member may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Member maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from PHIMHANHDONGHAY, or from the copyright holder identified in such Content’s copyright notice.
3. Member Content
Member shall own all Member Content that Member contributes to the Site, to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Member Content and to allow others to do so (“Content License”) in order to provide the Services. On termination of Member’s membership to the Site and use of the Services, PHIMHANHDONGHAY shall make all reasonable efforts to promptly remove from the Site and cease use of the Member Content. Member warrants, represents and agrees Member has the right to grant PHIMHANHDONGHAY and the Site the rights set forth above.
Member represents, warrants and agrees that it will not contribute any Member Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Member owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Member has been notified that such Member Content violates any of sections (a) to (e) of this sentence. PHIMHANHDONGHAY reserves the right to remove any Member Content from the Site, suspend or terminate Member’s right to use the Services at any time, or pursue any other remedy or relief available to PHIMHANHDONGHAY and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Member Content or if PHIMHANHDONGHAY is concerned that Member may have breached the immediately preceding sentence), or for no reason at all.
Member is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Member’s right to Services or to access the Site. Member may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any PHIMHANHDONGHAY user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Member use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
5. Warranty disclaimer
PHIMHANHDONGHAY has no special relationship with or fiduciary duty to Member. Member acknowledges that PHIMHANHDONGHAY has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content Member accesses via the Site; what effects the Content may have on Member; how Member may interpret or use the Content; or what actions Member may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or Member who posted the Content. PHIMHANHDONGHAY does not monitor the Content of the Site and takes no responsibility for such Content. Member releases PHIMHANHDONGHAY from all liability for Member having acquired or not acquired Content through the Site. The Site may contain, or direct Member to sites containing, information that some people may find offensive or inappropriate. PHIMHANHDONGHAY makes no representations concerning any content contained in or accessed through the Site, and PHIMHANHDONGHAY will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
The Services, Content, Site and any Software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. PHIMHANHDONGHAY makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, PHIMHANHDONGHAY disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that PHIMHANHDONGHAY is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by Members; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by Members; (4) the temporary or permanent inability to access or retrieve any Member Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
6. Third party websites
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of PHIMHANHDONGHAY or the Site. Unless explicitly otherwise provided, neither PHIMHANHDONGHAY nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. PHIMHANHDONGHAY and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or PHIMHANHDONGHAY with respect to such sites and third party content.
7. Registration and security
As a condition to using Services, Member will be required to register with PHIMHANHDONGHAY and select a password and PHIMHANHDONGHAY URL. Member shall provide PHIMHANHDONGHAY with accurate, complete, and updated registration information, including Member’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Member’s account. Member may not (a) select or use as a PHIMHANHDONGHAY URL a name of another person with the intent to impersonate that person; or (b) use as a PHIMHANHDONGHAY URL a name subject to any rights of a person other than Member without appropriate authorization. PHIMHANHDONGHAY reserves the right to refuse registration of, or cancel a PHIMHANHDONGHAY URL in its discretion. Member shall be responsible for maintaining the confidentiality of Member’s PHIMHANHDONGHAY password. Member is solely responsible for any use of or action taken under Member’s password and accepts full responsibility for all activity conducted through Member’s account and agrees to and hereby releases the Site and PHIMHANHDONGHAY from any and all liability concerning such activity. Member agrees to notify PHIMHANHDONGHAY immediately of any actual or suspected loss, theft, or unauthorized use of Member’s account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Either party may terminate the Services at any time by notifying the other party by any means. PHIMHANHDONGHAY may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Member breaches any of the terms or conditions of this Agreement. Upon termination of Member’s account, Member’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve Member of any obligations arising or accruing prior to such termination or limit any liability which Member otherwise may have to PHIMHANHDONGHAY or the Site, including without limitation any indemnification obligations contained herein.