PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This Terms of Services (the "Agreement") describes the terms and conditions applicable to your use of the TheBaliToday web site which is identified by the uniform resource locator www.TheBaliToday.com (the"Site"). This Agreement is entered into between you as the user of the Site (the" User") and TheBaliToday.com ("TheBaliToday").
Application of and Acceptance of Terms and Conditions.
- For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose. A User includes the person using this Site and any legal entity that may be represented by such person under actual or apparent authority.
- By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
- TheBaliToday.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on July 14, 2015. Posting by TheBaliToday of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of TheBaliToday.com
- Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "TheBaliToday Content") for the purpose of re-selling or re-distributing the TheBaliToday.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with TheBaliToday.com, or otherwise commercially exploiting the TheBaliToday.com Content. Systematic retrieval of TheBaliToday.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TheBaliToday.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
- Some of the TheBaliToday.com Content displayed on this Site is provided or posted by third parties ("Third Party Content"). TheBaliToday.com is not the author of third-party content, whether contributed by anonymous users or paid content providers. Neither TheBaliToday.com nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. TheBaliToday.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, TheBaliToday is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
- TheBaliToday.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that TheBaliToday.com has no control over such third party's web site, does not monitor such sites, and TheBaliToday.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
- Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below.
- TheBaliToday.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall TheBaliToday.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
- No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by TheBaliToday.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
- As a condition of your access to and use of TheBaliToday.com, you agree that you will not use the TheBaliToday.com service to infringe the intellectual property rights of others in any way. TheBaliToday.com will in appropriate circumstances terminate the Memberships of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, TheBaliToday.com reserves the right to terminate the Membership of a user upon any single infringement of the rights of others in conjunction with use of the TheBaliToday.com service, or if TheBaliToday believes that user conduct is harmful to the interests of TheBaliToday.com, its affiliates, or other users, or for any other reason in TheBaliToday.com's sole discretion, with or without cause.
- Each User who has contact us to firstname.lastname@example.org by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of TheBaliToday.com (a "Registered User"). TheBaliToday.com will establish a Membership ("Membership") for each Registered User and each Registered User will be sign a contract.
- If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to TheBaliToday.com during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
- By becoming a Registered User, you consent to the inclusion of your personal data in our Database and authorize TheBaliToday.com to share such information with other Users.
- TheBaliToday.com may suspend or terminate a Registered User's Membership at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in TheBaliToday.com's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) TheBaliToday.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) TheBaliToday believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, TheBaliToday.com's other Users, or TheBaliToday.com or its affiliates.
- A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer a Membership to a third party without the prior written consent of TheBaliToday.com. TheBaliToday.com may suspend or terminate the Membership of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
- Notwithstanding Section 4.i above, TheBaliToday.com may refuse registration and deny the issuance of a Membership to any User for whatever reason.
Users Who Post Information on TheBaliToday.com
- thebalitoday.com Web master
- You must be a Registered User in order to post information on the Site. Your status as a Registered User is governed by the provisions of Section 4 above.
- No sales agency relationship is created between any User and TheBaliToday.com, our affiliates, directors, officers or employees by virtue of TheBaliToday.com's display of any of the User's information on the Site.
- Each Registered User hereby represents warrants and agrees to (a) provide TheBaliToday.com with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to TheBaliToday.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
- Each Registered User hereby represents warrants and agrees that information submitted to TheBaliToday.com for display on the Site shall not:
v.a. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
v.b. be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
v.c. relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
v.d. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
v.e. be defamatory, libelous, unlawfully threatening or unlawfully harassing;
v.f. be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
v.g. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
v.h. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
v.i. solicit business from any Users in connection with a commercial activity that competes with TheBaliToday;
v.j. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
v.k. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;
v.l. Create any liability for TheBaliToday.com or its affiliates.
- TheBaliToday reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject TheBaliToday.com to liability, violates this Agreement or is otherwise found inappropriate in TheBaliToday.com's opinion. TheBaliToday.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, TheBaliToday.com may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and TheBaliToday.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against TheBaliToday.com for such disclosure. In connection with any of the foregoing, TheBaliToday.com may suspend or terminate the Membership of any User as TheBaliToday.com deems appropriate in its sole discretion. User agrees that TheBaliToday.com shall have no liability to User, including no liability for consequential or any other damages, in the event TheBaliToday.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that TheBaliToday.com may take such actions.
Transactions between Register user and user.
- Through the Site, TheBaliToday.com provides an electronic web-based platform for exchanging information between register user and user. TheBaliToday.com does not represent the register user nor the visitor in specific transactions and does not charge any commissions from completing any transactions. As a result, TheBaliToday.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the services offered for sale on the Site or the ability of the register user to complete a sale or the ability of user to complete a purchase.
- Each User acknowledges that it is fully assuming the risks of purchase transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to services that are the subjects of transactions using the Site. Each User agrees that TheBaliToday shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
- Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, insurance, taxes, and handling.
- In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify TheBaliToday (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Application of and Acceptance of Terms and Conditions.
- The features and services on the thebalitoday.com site are provided on an "as is" and "as available" basis, and thebalitoday.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
- Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from TheBaliToday.com or through or from the Site shall create any warranty not expressly stated herein.
- Under no circumstances shall TheBaliToday.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Each User hereby agrees to indemnify and save TheBaliToday.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save TheBaliToday.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to TheBaliToday.com, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to indemnify and save TheBaliToday.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that TheBaliToday.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. TheBaliToday.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with TheBaliToday.com in asserting any available defenses.
- TheBaliToday.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
a. the use or the inability to use the Site;
c. violation of Third Party Rights or claims or demands that Users' offer, display, purchase, sale and/or use of services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d. unauthorized access by third parties to data or private information of any User;
e. statements or conduct of any User of the Site; or
f. any matters relating to Free Member, Member however arising, including negligence.
Intellectual Property Rights.
- TheBaliToday.com is the sole owner or lawful licensee of all the rights to the Site and the TheBaliToday Content. The Site and TheBaliToday.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and TheBaliToday.com Content shall remain with TheBaliToday.com, its affiliates or licensors of the TheBaliToday.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by TheBaliToday.com are hereby reserved.
- "THEBALITODAY", "THEBALITODAY.COM," "TRUSTKEY" and related icons and logos are registered trademarks or trademarks or service marks of TheBaliToday.com Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All notices or demands to or upon TheBaliToday.com shall be effective if in writing and shall be duly made when sent to TheBaliToday in the following manner: to TheBaliToday.com Bali, Jalan Tangkuban Perahu Kerobokan Arcade unit 5, Attn: Legal Department.
- All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to TheBaliToday.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
a. TheBaliToday.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b. Immediately upon TheBaliToday.com's posting such notice on an area of the Site that is publicly accessible without charge.
- TheBaliToday.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- TheBaliToday.com's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives TheBaliToday's right to act with respect with subsequent or similar breaches.
- TheBaliToday.com shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Members to any person or entity.
- This Agreement shall be governed by the laws of the Indonesia Special Administrative Region ("Bali") without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Indonesia.