USAGE TERMS AND CONDITIONS
Acceptance of Terms of Use
CATFIZ is provided free of charge to registered users (each, a "User") under these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND CHOOSING DOWNLOAD AND ACTIVATE CATFIZ , YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.
Registration Information
PT. Duniacatfish Kreatif Media (DKM) makes efforts to protect the privacy of its users. Our Privacy Policy discloses our policies with regard to the protection and disclosure of user information. We may disclose an individual User's name, address, email address, telephone number or other data without such User's prior consent and without any liability to User or any third party, to the extent necessary to or appropriate to i) comply with applicable laws or in legal proceedings where such information is relevant; ii) protect and defend the rights or property of us or enforce or further the application or intent of the terms of this Agreement; or iii) act to protect the personal safety of Users or the public iv) for other reasons that we may disclose to Users from time to time. We reserve the right to terminate any User's account if we learn that such User has provided us false or misleading registration information.
Modifications of these Terms of Use
DKM may modify these Terms of Use from time to time in their sole discretion. Continued use of CATFIZ will be conditioned upon each User's affirmative acceptance of any such changes.
Modifications of CATFIZ
DKM may modify or discontinue Services (or User's account) with or without notice to any User, without liability to any User or any third party.
Contents of Messages
DKM does not monitor, censor or edit the contents of individual Users' messages and attachments. Users alone are responsible for the contents of their messages and attachments, and the consequences of any such messages and attachments. User agrees that it will not use CATFIZ for broadcast messages, junk messages, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. User further agrees not to use CATFIZ to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or contain viruses, trojan horses, worms, time bombs, cancelbots, or any harmful or deleterious programming rountine. DKM will not be liable for any damage that may occur to a User or to User's equipment as a result of any of the aforementioned being received by User. Additionally, User is solely liable for sending the aforementioned. DKM reserves the right to terminate any User's account if either of them becomes aware and determines, in their sole discretion, that such User is violating any of the foregoing guidelines. It is DKM's policy to respect the privacy of its Users.
User Name and Password
User is responsible for maintaining the confidentiality of its User Name and Password. User shall be responsible for all uses of its User Name, whether or not authorized by User. User agrees to immediately notify DKM of any unauthorized use of its User Name.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF CATFIZ IS AT USER'S SOLE RISK. CATFIZ IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DKM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DKM DOES NOT MAKE ANY WARRANTY THAT CATFIZ WILL MEET USER'S REQUIREMENTS, OR THAT CATFIZ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DKM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CATFIZ OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CATFIZ. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CATFIZ IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S SMARTPHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. DKM DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH CATFIZ OR ANY TRANSACTIONS ENTERED INTO THROUGH CATFIZ. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM DKM OR THROUGH CATFIZ SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
DKM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE CATFIZ OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH CATFIZ OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CATFIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Catfiz Message Storage
DKM does not assumes any responsibility for the deletion or failure to store CATFIZ messages.
Promotional Messages
DKM and/or third parties may, from time to time, send email messages to Users containing advertisements, promotions, etc. DKM does not make any representation or warranty with respect to the content of any such messages or any goods or services which may be obtained from such third parties, and User agrees that DKM shall not have any liability with respect thereto.
Indemnification
User agrees to indenify and hold each of DKM, their parent company, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of CATFIZ, the violation of these Terms of Use by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without giving effect to its conflict of laws provisions. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a sate court having subject matter jurisdiction located in Surabaya, Indonesia.
CATFIZ TERM OF SERVICE
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not DKM's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your Catfiz Account
You may need a Catfiz Account in order to use some of our Services. You may create your own Catfiz Account, or your Catfiz Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Catfiz Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
If you learn of any unauthorized use of your password or account, Contact our support at [email protected]
DKM's privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that DKM can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Republic of Indonesia's Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and DKM's policy about responding to notices in our Help Center.
Your Content in our Services
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give DKM (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to DKM Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You can find more information about how DKM uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
DKM gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by DKM as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DKM, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we'll be sorry to see you go. DKM may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DKM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS ISâ€.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, DKM, AND DKM'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DKM, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, DKM, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify DKM and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between DKM and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of Indonesia, excluding Indonesia conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal of Indonesia, and you and DKM consent to personal jurisdiction in those courts. For information about how to contact DKM, please visit our contact page.