1. General Information
Indline offers this program to you on condition that you accept without modification this Membership Agreement. Your use of the Indline program constitutes your acceptance of this Membership Agreement. This Membership Agreement contains disclaimers of warranties and liability (See Sections 8 & 9). These provisions form an essential basis of our agreement.
ALL USE OF THE SITE AND INTERACTIVE SERVICES IS SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT. FOR AVOIDANCE OF DOUBT, THE AGREEMENT WILL APPLY TO ANY ACTIVITIES OF A MEMBER UTILIZING INDLINE SERVICES. MEMBERS MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND INTERACTIVE SERVICES. IF YOU DO NOT ACCEPT THE AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR INTERACTIVE SERVICES.
After an initial 30 (thirty)-day introductory period ("Free Trial Time"), Trial Members are asked to make an annual financial contribution to Indline ("Annual Membership Fee"). The amount of the Annual Membership Fee may change from time to time. By paying the Annual Membership Fee, you become a premium Member ("Premium Member") and your membership is good for one year. If you choose not to become a Premium Member, you will be a free Member ("Free Member") having a limited access to use the Site and Interactive Services. As a Free Member, you cannot use or access the Interactive Services designated to the Premium Member, namely video mail, voice e-mail, multimedia room list and other services determined by Indline.
Your rights as a Member are personal to you and are not transferable. Indline may modify the terms and conditions of the Agreement from time to time, and such modifications will be effective from the date the changes are officially posted on the Indline website.
2. Eligibility to use the Site and Interactive Services is limited
To be a Member you must be at least 13 (thirteen) years old. A child who has registered with Indline is assumed to have obtained his/her parent's or guardian's consent to do so.
Certain areas on the Site contain adult or mature content. You must have attained the age of majority [21 (twenty one) years old for Indonesia or have attained the age of majority under the local laws prevailing where you reside] to access and view these areas. If you have yet to attain the age of majority, you are considered a minor. As a minor you may still access and use the Site and Interactive Services, but you may not access or use the services dedicated to adults. [M&T Note: Please be advised that pursuant to Article 330 of the Indonesian Civil Code, the age of majority in Indonesia is 21 years old, not 18 years old. In addition, the age of majority in each country may be different to one another. Several countries regulate that the age of majority is 18 years old. Given this, we are of the view that users intending to access the services provided for adult must have obtained the age of majority in the country in which they reside.]
INDLINE WILL NOT AND CANNOT BE HELD RESPONSIBLE FOR THE USE OF THE SITE AND INTERACTIVE SERVICES BY MINORS. IF YOU, AS A PARENT OR A LEGAL GUARDIAN, ALLOW A MINOR OF WHOM YOU ARE THE PARENT OR LEGAL GUARDIAN TO ACCESS AND USE THE INTERNET OR THE SITE AND INTERACTIVE SERVICES, YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR: (i) THE ONLINE CONDUCT OF THE MINOR; (ii) MONITORING THE MINOR'S ACCESS TO AND USE OF THE SITE AND INTERACTIVE SERVICES; and (iii) THE CONSEQUENCES OF ANY USE BY THE MINOR.
Parents or guardians of minors are strongly recommended to review important safety tips before using this Site and the Internet. Indline may provide these safety tips on its Site in due course.
3. Membership, fees, charges, payment and free trial
31. Indline reserves the right to change the applicable Annual Membership Fee and other fees and payment methods at any time. We will provide notice of any change at least thirty 30 (thirty) calendar days in advance in the same manner as we provide notice for changes to the Agreement. You may find the current Annual Membership Fee on the Site.
Indline or its affiliated entities also have the right to collect applicable taxes and imposes premium surcharges for some areas of the service. The applicable fees for each category and the payment methods can be found by going to the Site. If you do not like the changes in our fees or payment methods, you may remain as Free Member, discontinue the use of the Site and terminate your membership at any time. However, Indline will not refund any remaining portion of the Annual Membership Fee when you cancel your membership.
32. There may be extra charges to access certain premium content on Indline. Indline will provide notice of an extra charge before you enter the premium area. You are responsible for any charges for premium content incurred using your account and these charges apply even during the Free Trial Time.
33. You should understand that Indline may provide access to a number of third-party sponsors, who provide content, goods and or services on the Indline service or the Internet. Any separate charges you incur in your dealings with these third-parties are your responsibility and are not part of the fee charged for your Indline membership. Indline shall not be liable for any costs or damages arising directly or indirectly from your dealing with these third-parties.
34. If you have joined Indline as a Trial Member, your Free Trial Time must be used within 30 (thirty) calendar days from the date of activation of your Indline program. You should understand that upon the expiry date of the Free Trial Time, you may not be able to access some areas of the services where a membership fee is imposed, unless you agree to pay these fees.
35. Indline is not responsible for any local, long-distance or toll charges incurred by you through your use of the Site. You are solely responsible for all telecommunications/Internet charges for connection to the service by you and by those who access the Site through your account.
36. Based on account use and other factors identified by Indline at its sole discretion, Indline may require verification of your credit, identity and/or other background information in order for you to continue using the Site and Interactive Services. In such an event, you agree to provide Indline with additional information that may be requested, you consent to Indline's disclosure of your personal information to third party service providers in order to verify your credit, identity and/or other background information, and you authorize Indline to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.
37. If you believe that Indline has billed you in error, you must contact our Indline Customer Service within 30 (thirty) calendar days of the invoice or transaction date of the charge. Refunds of adjustments will not be given for any charges which are more than 30 (thirty) calendar days old.
4. You are solely responsible for all use made of the Site and Interactive Services under your password and account information
42. If you allow any other person to access the Site and Interactive Services through your account, you must ensure that all authorized users of your Indline account comply with the Agreement. INDLINE CANNOT AND WILL NOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SITE AND INTERACTIVE SERVICES THROUGH YOUR ACCOUNT BY ANY AUTHORIZED OR UNAUTHORIZED INDIVIDUAL.
43. Indline does not evaluate, provide or control the contents of Interactive Services, member feedback, or any other information or exchanges between Members in any manner. Indline is not responsible for the truth, accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by Members, including without limitation, any information contained in the Interactive Services. Indline is not responsible for the use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion and judgment in, using and authorizing other individuals to use the Site and Interactive Services, in evaluating the qualifications of and statements made by Members in listings or through the Member feedback system, and in disclosing personal information to other Members.
44. Upon becoming a Member, you will be entitled to access other websites and or services of Indline affiliated entities. These affiliated entities will apply their own set of agreements, policies, rules and instructions on their site which may differ in material respects to the agreements, policies, rules and instructions governing this Site. You agree that if you access any Indline affiliated entitie's sites you will comply with the terms and conditions of the agreements, policies, rules and instructions of the relevant site.
45. You will not use the Site and Interactive Services or permit others to use the Site and Interactive Services through your account in any way that violates any law or regulation, subjects Indline to liability, or that contravenes the TOU.
5. Indline may modify the Agreement, changes the Site and/or the Interactive Services, or suspend or terminate your use of the Site at any time without notice to you
51. Except as stated below, Indline reserves the right at its sole discretion to modify or discontinue the Site without notice to Members. Indline may change the Site and/or Interactive Services or remove features at any time for any reason. Indline may modify the terms and conditions of membership at any time by posting the amended terms on our Site. You must review this Membership Agreement on a regular basis. Except as stated below, all modified terms and conditions of the Agreement will be effective from the date the changes are officially posted on the Indline website. Whereas, changes to the payment policy are effective after Indline provides Members with at least 30 (thirty) calendar days notice of the changes on the Site. If any modification is not acceptable to you, your only recourse is to cease using the Site and Interactive Services by canceling or terminating your account. By continuing to use the Site or any Interactive Services following any posting of a new Membership Agreement or policies on the Site, you accept and agree to be bound by the new Membership Agreement or policies.
52. Without limiting other remedies provided by law, Indline may at any time suspend or terminate your membership, remove or disable content provided by you, and/or refuse to provide access to the Interactive Services following your continuous violation of the TOU and/or the Membership Agreement by you or any person using your account and after you have been given a first, second and third warning as provided in Section 17. In addition, Indline may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (a) if Indline suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by Indline; (b) if Indline is unable to verify or authenticate any billing or payment information you provide to Indline; or (c) if Indline suspects that your actions may be illegal or cause liability, harm or disruption to you, other Members, Indline or the Site.
6. Online conduct and content
Because of the changing nature of the Internet and Online Services, the TOU may change at any time. You can always find the most current version of the TOU on the Site. You are responsible for regularly reviewing the terms, conditions and notices posted on the Site for any changes. Your continued access to the Site following the effective date of the changes means that you have accepted and agreed to the changes.
You are solely responsible for all text, information, and other materials that you provide to Indline, other Members or third parties, whether to email lists, bulletin boards, through chat or any other interactive feature of Indline, or that is provided from your account by any person using your ID and password ("Your Content"). In no event may you provide any content protected by copyright, trademark, patent, or other proprietary right without the permission of the holder of the relevant intellectual property or other rights. Indline will not and cannot be responsible or be held liable to you or to anyone else for any loss or damage arising from your failure to obtain such permission with regard to the transmission or publication of copyrighted materials on the Site.
Most content on the Indline service is provided by Indline, our Members, our affiliates, sponsors or independent content providers under license. In general, Indline does not pre-screen content available on the Indline service. Indline does not assume any responsibility or liability for Your Content or content that is provided by others. Indline does reserve the right to remove content that, in Indline's sole judgment, does not meet its standards or does not comply with the TOU, but Indline is not responsible for any failure or delay in removing such material. You understand that Indline is not responsible for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to Indline or its Members.
The contents of the web site and email lists of Indline, its affiliates or sponsors are protected by copyright under the laws of the Republic of Indonesia and any international conventions with regard to the protection of intellectual property rights ratified by the Republic of Indonesia. You may not make public or copy in any manner or form the Site or any part thereof, including the information contained therein. Any content that you upload or download while using the Service must be authorized. All content on the Indline web site and email lists is owned by Indline, its affiliates or sponsors ("Indline Content"). You may upload, download or print out Indline Content, and if you do so, you agree to abide by any copyright notice or other restriction contained in any individual posting and include any author attribution, copyright, or trademark notice or restriction in any materials that you download.
IF YOU ARE IN DOUBT AS TO WHETHER YOU MAY OR MAY NOT MAKE PUBLIC OR COPY ANY INFORMATION OR MATERIAL OBTAINED FROM THIS SITE OR ELSEWHERE, YOU SHOULD ALWAYS SEEK PERMISSION FROM THE OWNER OF THE INFORMATION OR MATERIAL.
Making unauthorized copies of any Indline Content can lead to the termination of your Indline account and may even subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless Indline and its subsidiaries, affiliates, related companies, employees, officers, directors and commissioners. You should remember that some areas of Indline are public, like chat rooms, personal web, message boards and forums, and other members will have access to your posted material and might copy, modify or distribute it. By submitting or posting content there, you are representing that you are the owner of the material, or have authorization to distribute it. Once you post content on Indline, you expressly grant Indline and its members the complete right to use, reproduce, modify, and distribute the content in any form, anywhere.
When using the Site, please be certain that anything you disclose does not compromise your personal safety. Do not provide your full name, username, password, phone number, credit card number or any other personally identifying information to people you do not know. Indline will not assume any liability or responsibility for any damage or loss arising from your providing the information to other parties.
7. Indline shall retain all ownership in the Site including all URLs and any content created or derived from the Site and from Membership Applications
You shall and hereby do assign to Indline all rights, title and interest in any material, ratings, suggestions and/or comments submitted by you as part of member feedback. You grant Indline the right to use or reference your nickname" on the Site and elsewhere to promote the Site without your consent or compensation to you.
8. Indline disclaims any warranties or representations regarding the Site and Interactive Services
81. YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK.
82. THE SITE AND ANY INTERACTIVE SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WITH NO WARRANTY OF ANY KIND.
83. INDLINE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OR TERMS REGARDING THE SITE, INTERACTIVE SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED AND STATUTORY CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AVAILABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY TERM AS TO THE PROVISION OF INTERACTIVE SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OF ANY KIND.
84. Indline cannot and does not guarantee that the operation of the Site, the services and the quality of the internet connection will be continuous or error free, uninterrupted or that information obtained through the use of the Site in general will be without error.
85. Indline cannot and does not guarantee or warrant that files available for downloading from the Site are free of viruses, worms or other code that has contaminating or destructive properties. Indline does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, non-infringement or fitness for a particular purpose) with respect to the files available for downloading from the Site.
9. Indline's liability for your access and use of the Site and Interactive Services is limited
91. YOU AGREE BY ACCESSING THE SITE THAT UNDER NO CIRCUMSTANCES WILL INDLINE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND OCCURING FROM THE USE OF THIS SITE OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON THIS WEBSITE INCLUDING (a) INDIRECT, (b) DIRECT, (c) INCIDENTAL, (d) CONSEQUENTIAL, (e) SPECIAL OR (f) EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR INTERACTIVE SERVICES, WHETHER OR NOT ARISING AS A RESULT OF NEGLIGENCE AND EVEN IF INDLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
92. Indline is not responsible or liable for: (i) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content; (ii) any third party conduct, transmissions or data; (iii) any viruses, spy-ware, programming code or other disabling features that affect your access to or use of the Interactive Services; (iv) any incompatibility between the Interactive Services and other web sites, services, software and hardware; (v) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Interactive Services in an accurate or timely manner; or (vi) any damages or costs of any kind arising out of or in any way connected with your use of any services available from third parties through links to the extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
10. Indline software licenses
Indline provides you with a limited and non-exclusive license to use Indline software, which you agree to use in accordance with these rules. You may not sub-license, or charge others to use or access Indline software without first obtaining written permission from Indline. We may occasionally provide automatic upgrades to improve your online experience, and we employ virus-screening technology to assist in the protection of our network and our Members. We reserve the right to log off accounts that are inactive for an extended period of time and we prohibit the use of tools that defeat Indline's automatic log-off feature.
This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from Indline software. YOU MAY NOT MODIFY INDLINE SOFTWARE OR USE IT IN ANY WAY NOT EXPRESSLY AUTHORIZED BY THE AGREEMENT. You understand that Indline's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Indline may vary depending on your computer and other equipment.
11. Indline prohibits the unauthorized use of materials protected by intellectual property rights laws
YOU SHALL NOT USE THE SITE OR ITS INTERACTIVE SERVICES TO TRANSMIT, ROUTE, BROADCAST, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OWNED BY INDLINE OR ANY THIRD PARTY. In no event will Indline be liable to you or to anyone else for any decision made or action taken by you or anyone else in relying on results obtained from the use of files downloaded from this site. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any reason, except for personal use, is expressly prohibited, unless prior written consent is obtained from the appropriate copyright holder.
Indline have patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter in the Site. Unless Indline has specifically granted you licenses to Indline's intellectual property rights in this Agreement, our providing you with the Site does not give you any license to Indline's intellectual property. If Indline has notice that a Member has violated this term of use, Indline may, at its sole discretion, either (a) warn the Member that the Member is in violation of this term of the Agreement, or (b) terminate the Member's access to the Site without warning, and/or (c) take legal action to report the unauthorized use of Indline intellectual property rights to the competent authorities.
12. Links to Other Websites
The Site may provide links to websites other than Indline. Such links are provided for reference only, and Indline neither controls such Web sites nor endorses any of the material on any such websites or any association with their operators. Indline are not responsible for any third party content you access from the Site. You are solely responsible for your dealings with any third party related to the Site.
Any notice or other communication to be given hereunder must be in writing and given (a) by Indline via (i) email (in each case to the address that you provide to us during the registration period) and (b) by you via email to [email protected], (ii) Indline Customer Service at +62-21-78835670 (for other matters related to the Indline program)
14. No Assignment, Resale or Unauthorized Commercial Use
A Member's membership belongs only to the Member. You agree not to resell, copy, assign or transfer your rights and obligations contained in this Membership Agreement, in whole or in part, to any third party without the prior written consent of Indline, which consent shall be at Indline's sole and absolute discretion. Members also agree not to make any unauthorized commercial use of Indline's site or services. Indline may assign or transfer the rights and obligations of Indline contained in this Membership Agreement, in whole or in part, without your consent.
15. Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of the Agreement each party shall be independent and act independently. Nothing contained or implied in this Agreement shall constitute or be deemed to constitute a joint venture, agency, employee-employer or franchiser-franchisee relationship, trust or partnership between, or impose a trust or partnership duty, obligation, or liability on or with regard to you and Indline and neither you nor Indline shall have any authority to bind or commit the other to any other party. Neither you nor Indline has any right or authority to assume or create in any way any obligations of any kind or to make any warranty or representation, express or implied, in the name or on behalf of the other.
You agree to defend, indemnify, and hold Indline and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of the Agreement by you or those who access the Site through your account and the use of the Site and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Site through your account as well as any loss or damage arising out of materials you upload onto and download from the Site.
171. Indline is entitled to terminate your account/membership following continuous violations of the Agreement by you or by those who have access to the Site through your account and after you have been given a first, second and third warning consecutively. Indline does not issue any fee refunds.
172. Upon termination of the Agreement, all rights granted to you and your authorized users under the Agreement shall immediately cease and terminate.
173. Termination of the Agreement does not release you from the obligation to pay all accrued charges under the Agreement.
174. For the purpose of the termination process, Indline and you agree to waive Article 1266 of the Indonesian Civil Code to the extent that judicial approval shall be required as a pre-condition to terminate the Agreement.
18. Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the Republic of Indonesia.
19. Settlement of Disputes
191. All disputes arising from or in connection with the Agreement between a Member and Indline in connection with the Agreement will, so far as is possible, be settled amicably between the Member and Indline.
192. Failing such amicable settlement, within 30 (thirty) calendar days of written notification by one party to the other of the dispute, any and all disputes, controversies, conflicts or claims arising out of or relating to this Membership Agreement or its performance, including disputes in relation to its validity, conclusion, binding effect, breach, nature, amendment, expiration or termination, as well as any claim or action for tort arising under or in connection with this Agreement shall be resolved by a three (3) person arbitration board in accordance with [the Rules of the Singapore International Arbitration Centre in Singapore]. The arbitration board shall conduct its sessions and render its decision in English. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in the Pengadilan Negeri Jakarta Pusat (the Court of First Instance in Central Jakarta), Indonesia or in any other competent court having jurisdiction over either party and/or any of its assets.
193. You agree that any claim or cause of action arising from or in connection with the Agreement must be notified to Indline within 1 (one) year after the claim or cause of action arises or it will be permanently barred.
201. Indline's failure to act with respect to a breach by you or others does not waive Indline's right to act with respect to subsequent or similar breaches. The failure of Indline to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such a right or provision.
202. References in this Membership Agreement to "Member" or "Membership" relate to membership of the Indline community as hosted in the Site. Under no circumstances are the terms of this Membership Agreement to be construed as offering membership in the form of shareholdings of any corporate entities such as those comprising the Indline group of companies.
203. A person who is not a party to this Membership Agreement has no right under the Contracts (Rights of Third Parties) Act to enforce any term of the Agreement. You agree that this Membership Agreement, which includes rules, restrictions and policies applicable to Members, and Indline's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Indline.
204. If any provision of the Agreement or its application to any situation or circumstance is held to be invalid or unenforceable by a judicial decree or decision or applicable law, the remainder of this Membership Agreement shall not be affected, and all remaining provisions and related agreements or policies shall remain valid and enforceable to the fullest extent.