Terms and Conditions of Use
Date of last revision: 14 July 2009
Welcome to Urbanesia.com. The following are the rules ("Terms") that govern use of the Urbanesia.com Web site ("Urbanesia"). By using or visiting Urbanesia, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing Urbanesia. PT. Ayoklik Indonesia ("PT. Ayoklik") the publisher of Urbanesia, reserves the right to change these Terms at any time, effective immediately upon posting on Urbanesia.
Permitted Use
You agree that you are only authorized to visit, view, and retain a copy of pages of Urbanesia for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Urbanesia for any commercial use, or for any purpose other than as described in these Terms.
You may not use Urbanesia if you are under thirteen (13) years of age.
USE VOID WHERE PROHIBITED
Use of Urbanesia is void where prohibited. By using Urbanesia, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
Registering with Urbanesia.com
In order to take advantage of certain features and post any content on the Urbanesia, you may be required to register with Urbanesia and provide your personal information to Urbanesia and PT. Ayoklik. Urbanesia's use of any personal information that you provide to Urbanesia.com during any registration process is governed by Urbanesia's privacy policy. Upon registering with Urbanesia you will be created a Urbanesia User Account.
Your Urbanesia User Account
When you register for an Urbanesia User account, you will be allowed to save and personalize Urbanesia content, receive and view offers from businesses listed on the Urbanesia system, create and modify business profiles, events and promotions of businesses listed on Urbanesia, and post contents such as reviews about businesses listed on Urbanesia and events and promotions of those businesses. By having an Urbanesia User account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, Urbanesia may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that Urbanesia believes is appropriate.
Urbanesia Business Profile Management
Business profile is a page representing a business which contains brief information about the business, including events and promotions held by the business listed and searchable on Urbanesia. With your Urbanesia User Account you have the following privileges to manage a business profile (creating and modifying a business profile) and shall not abuse this privilege:
- Users who own a Urbanesia User account have the privilege to add or change information only with a more updated information. You will not use this abuse this privilege by vandalizing a Business profile or adding and changing information or content on the business profile with information which accuracy you are not sure of.
- Users who own an Urbanesia User account may claim a business profile only if he or she is the true owner of the business or he or she is working for the owner of the business who is aware of this procedure. Upon claiming a business profile the claimant of the business profile ("Claimant") must present the necessary documents to prove that he or she is the owner of the business or has the authority to do so and capable of managing the Business profile. You will not claim a business if you are not the owner of the business and not authorized to do so by the owner of the business.
- Users who own an Urbanesia User account have the privilege to create a business profile for a business, only if the user is certain that the business is not listed on Urbanesia.com. Inappropriate business profile content, Business profile with identical information of an existing business profile on Urbanesia or business profile of non-existent businesses will be deleted from the Urbanesia. You will not create business profile under these conditions.
The abuse in creating and modifying business profile will result in termination of your accounts, removal of any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or any other action that Urbanesia believes is appropriate.
In the case of Urbanesia Users managing their own business profiles with their Urbanesia User Account, it is their responsibility to manage the activities and provide the most updated information on the business profiles. It is also their responsibility to administer the user generated content (such as photos, testimonials, events and promotions uploaded by other Urbanesia users) on the business profiles to not allow contents that are deemed as 'Unacceptable Content' by Urbanesia.
The contents of business profiles that are not managed by the user who represent the business are managed by Urbanesia following Urbanesia.com Terms of use. Urbanesia may but not obliged to remove contents that are deemed as 'Unacceptable content' by Urbanesia from Business Profile. It is the business owner responsibility to custom the content on the business profiles including the user generated contents to conform to the actual business. If you are a business owner or an authorized representative of the business and do not wish Urbanesia to manage the business profile of your business, you shall claim the mentioned business profile or request for the removal of the business profile from Urbanesia business directory.
Urbanesia does not endorse contents on business profile that are not managed by Urbanesia or contents that are generated by user. Using business profiles based on a real or false business for purposes it's not intended for, especially for any illegal, unlawful, inappropriate, unauthorized or criminal purpose or activity is serious criminal offense and parties involved will be subjected to the jurisdiction of the courts in Indonesia.
Business listings located on Urbanesia are selected for display in search results based primarily on their content in relation to the user-provided search terms. Consequently, both customer and non-customer listings will be included in a search results list, and Urbanesia will not discriminate based on whether a business is a customer with regard to placement or inclusion in the business listings. However, due to the fact that Urbanesia customers typically provide more content relative to their non-customer counterparts (e.g., in the form of offers, business biographies, etc.), it is possible that Urbanesia customers will be displayed at a higher ranking in a search results page. Urbanesia customer listings may be rotated within the search results due to a number of factors, none of which are determined by paid inclusion or paid placement. Thus, such variable placement of Urbanesia customers is not intended to displace non-customer search results placement or inclusion. Indeed, non-customers with a good deal of quality content could appear higher on search result returns than Urbanesia customers.
Posting Content on Urbanesia.com
With your Urbanesia User account you can create and modify business profiles, events and promotions of businesses listed on Urbanesia, and post contents such as reviews ("testimonial") about businesses listed on Urbanesia and events and promotions of those businesses. The contents posted by you as an Urbanesia user ("Your Content") is public and governed by the following terms and limitations:
Unacceptable Content
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Urbanesia contents that Urbanesia deemed 'Unacceptable Content' which includes but not limited to any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, unlawful, libelous, defamatory, obscenities, harassment, vulgarities, pornographic and hate speech (e.g., racist/discriminatory speech.)
- Testimonials submitted by the reviewed business's employees (past or present) or competitors as determined by Urbanesia.
- Testimonials that do not address the goods and services of the business or reviews with no qualitative value as determined by Urbanesia in its sole discretion.
- Contents / information based on false or misleading data, facts or experience as determined by Urbanesia in its sole discretion.
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content
- Content that restricts or inhibits any other person from using Urbanesia or which may expose Urbanesia or its users to any harm or liability of any type.
- Excessive damage caused by business or service to person or property.
- Personal information or messages including email addresses, URLs, phone numbers and postal addresses.
- Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
- Language that violates the standards of good taste or the standards of this website, as determined by PT. Ayoklik in its sole discretion.
- Content determined by PT. Ayoklik to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
- Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
- Content that that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
PT. Ayoklik reserves the right, but not the obligation, to refuse to post or to remove any content if it contains or features any contents PT. Ayoklik deemed 'Unacceptable Content' without notice or liability of any kind
Responsibility for Your Content
You are solely responsible for contents submitted by you ("Your Content"). You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any liability and criminal charges against you related to Your Content. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize PT. Ayoklik to use, Your Content as described herein.
Because you alone are responsible for Your Content, you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Contents are not endorsed by PT. Ayoklik
Contents on Urbanesia including Testimonials do not reflect the views of Urbanesia, PT. Ayoklik, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. You may not imply that Your Content is in any way sponsored or endorsed by Urbanesia. PT. Ayoklik does not assume responsibility or liability for any claims, damages, or losses resulting from any use of Urbanesia or the materials contained therein.
Contents are owned by PT. Ayoklik
Your Contents that are submitted to Urbanesia shall be owned exclusively and in perpetuity by PT. Ayoklik. Such exclusive ownership means that Urbanesia, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive worldwide rights to use, exploit, reproduce, modify, translate, transmit, and distribute part or all materials and communications of Your Content in any media formats and through any media channels. PT. Ayoklik is under no obligation to give credit or pay any consideration to you for Your Content.
Confidentiality of Your Content
You understand that PT. Ayoklik does not guarantee any confidentiality with respect to Your Content. PT. Ayoklik may store your content but has no obligation to store or provide you with copies of Your Content.
Use of Your Content
PT. Ayoklik may display advertisements and other information adjacent to or included with Your Content on Urbanesia and any Downstream Distributions. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Links and Search Results
Urbanesia may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Urbanesia has no control over these sites or the content within them. PT. Ayoklik cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. PT. Ayoklik does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using Urbanesia to search for or link to another site, you agree and understand that you may not make any claim against PT. Ayoklik for any damages or losses, whatsoever, resulting from your use of Urbanesia to obtain search results or to link to another site. If you have a problem with a link from Urbanesia, please notify PT. Ayoklik at legal@urbanesia.com, and PT. Ayoklik will investigate your claim and take any actions PT. Ayoklik deems appropriate at our sole discretion.
Offline Conduct
Although PT. Ayoklik cannot monitor the conduct of its users off Urbanesia, it is a violation of these rules to use any information obtained from Urbanesia in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of Urbanesia. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from Urbanesia without written reference to Urbanesia as the source or without the prior expressed written permission of PT. Ayoklik.
Unauthorized Use of Urbanesia
Illegal and/or unauthorized uses of Urbanesia, including, but not limited to, unauthorized framing of or linking to Urbanesia or unauthorized use of any robot, spider, or other automated device on Urbanesia, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to PT. Ayoklik for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.
DISCLAIMERS
PT. AYOKLIK DOES NOT PROMISE THAT URBANESIA WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF URBANESIA OR ANY CONTENT, SEARCH, OR LINK ON IT. URBANESIA AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. PT. AYOKLIK CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM URBANESIA WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PT. AYOKLIK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PT. AYOKLIK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF URBANESIA, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. PT. Ayoklik disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Urbanesia users, advertisers, and/or sponsors on Urbanesia, in connection with Urbanesia, or otherwise related to your use of Urbanesia. PT. Ayoklik is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on Urbanesia. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in Urbanesia to PT. Ayoklik at legal@urbanesia.com. PT. Ayoklik may investigate the claim and take appropriate action, at its sole discretion.
LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL PT. AYOKLIK BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF PT. AYOKLIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disputes
If there is any dispute about or involving Urbanesia, you, by using Urbanesia, agree that the dispute will be governed by the laws of indonesia without regard to its conflict-of-law provisions.
Indemnity
You agree to indemnify and hold PT. Ayoklik, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Urbanesia, including your use of Urbanesia to provide a link to another site or to upload content or other information to Urbanesia.
Contact Us
If you see objectionable content or have any questions about these Terms of Use, please contact PT. Ayoklik at legal@urbanesia.com.
