Terms of Use

(1) Introduction 

These terms of use are divided into 2 parts. Part A contains general terms relating to the use of our application(s); Part B contains special terms relating to users of Facebook applications, games, and other products of i-activity. 

By using our application(s), you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our application(s). 

These terms of use are provided in the English language only. 

You must be at least 13 years of age to use our application(s). By using our application(s) and by agreeing to these terms of use, you warrant and represent that you are at least 13 years of age. 

Our application(s) may use cookies. By using our application(s) and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy and cookies policy.

PART A 

(2) License to use application(s)

Unless otherwise stated, we or our licensors own or have purchased the intellectual property rights in the application(s) and material on the application(s). Subject to the license below, all these intellectual property rights are reserved. 

You may view, download for caching purposes only, and print pages or other content from the application(s) for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

You must not:

1. republish material from this application(s) (including republication on another application(s));
2. sell, rent or sub-license material from the application(s);
3. show any material from the application(s) in public;
4. reproduce, duplicate, copy or otherwise exploit material on our application(s) for a commercial purpose;
5. edit or otherwise modify any material on the application(s); or
6. redistribute material from this application(s) except for content specifically and expressly made available for redistribution (such as our newsletter).

Where content is specifically made available for redistribution, it may only be redistributed within your organization for the purposes of internal training. If it is to be used for any other purposes, permission must be sought from i-activity beforehand.

(3) Acceptable use

You must not use our application(s) in any way that causes, or may cause, damage to the application(s) or impairment of the availability or accessibility of the application(s); or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. 

You must not use our application(s) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our application(s) without our express written consent. 

You must not use our application(s) to transmit or send unsolicited commercial communications. 

You must not use our application(s) for any purposes related to marketing without our express written consent. 

You must not use our application(s) for any malicious or harmful intents and/or purposes, such as, but not limited to, spam, spreading malicious links, flooding a user's timeline, and more.

(4) Restricted access 

Access to certain areas of our application(s) is restricted. We reserve the right to restrict access to other areas of our application(s), certain features of our application(s), at our discretion. 

If we provide you with a user ID and password to enable you to access restricted areas of our application(s) or other content or services, you must ensure that that user ID and password is kept confidential. 

We may disable your user account in our sole discretion without notice or explanation.

(5) User generated content

In these terms of use, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our application(s), for whatever purpose. 

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. 

You warrant and represent that your user content will comply with these terms of use. 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

Your user content (and its publication on our application(s)) must not:

1. be libelous or maliciously false;
2. be obscene or indecent;
3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4. infringe any right of confidence, right of privacy, or right under data protection legislation;
5. constitute negligent advice or contain any negligent statement;
6. constitute an incitement to commit a crime;
7. be in contempt of any court, or in breach of any court order;
8. be in breach of racial or religious hatred or discrimination legislation;
9. be blasphemous;
10. be in breach of any official secrets legislation;
11. be in breach of any contractual obligation owed to any person;
12. depict violence in an explicit, graphic or gratuitous manner;
13. be pornographic or sexually explicit;
14. be untrue, false, inaccurate or misleading;
15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
16. constitute spam;
17. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
18. cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet, and within the rules and regulations governing the usage of Facebook activity on the Facebook platform. 

You must not use our application(s) to link to any application(s) or web page consisting of or containing material that would, were it posted on our application(s), breach the provisions of these terms of use. 

You must not submit any user content to the application(s) that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. 

We reserve the right to edit or remove any material submitted to our application(s), or stored on our servers, or hosted or published upon our application(s). 

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our application(s).

(6) Limited warranties 

You acknowledge that some of the information published on this application(s) is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this application(s); nor do we commit to ensuring that the application(s) remains available or that the material on the application(s) is kept up-to-date. 

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this application(s) and the use of this application(s) (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) Limitations and exclusions of liability 

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. 

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 

To the extent that the application(s) and the information and services on the application(s) are provided free-of-charge, we will not be liable for any loss or damage of any nature. 

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. 

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 

We will not be liable to you in respect of any loss or corruption of any data, database or software. 

We will not be liable to you in respect of any special, indirect or consequential loss or damage. 

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the application(s) or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees. 

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our application(s). You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(8) Indemnity 

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(9) Breaches of these terms of use 

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may: 

1. send you one or more formal warnings;
2. temporarily suspend your access to the application(s);
3. permanently prohibit you from accessing the application(s);
4. block computers using your IP address from accessing the application(s);
5. contact your internet services provider and request that they block your access to the application(s);
6. bring court proceedings against you for breach of contract or otherwise;
7. suspend and/or delete your account with the application(s); and/or
8. delete and/or edit any or all of your user generated content.
9. cease to provide any and all services that you may or may not have purchased, and to cease all providence of such services to you, in the form of account deletion, IP bans, and more.

Where we suspend or prohibit or block your access to our application(s) or a part of our application(s), you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(10) Third party application(s) 

Our application(s) may include hyperlinks to other application(s) or websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party application(s) or websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(11) Trade marks 

i-activity and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. 

Requests for the usage of any of our trademarks, logos, and/or mascots may be submitted directly via our Contact Us page. 

The other registered and unregistered trade marks or service marks on our application(s) are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

(12) Competitions 

From time to time we may run competitions, free prize draws and/or other promotions on our application(s) or social media platforms. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

(13) Variation 

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our application(s) from the date of the publication of the revised terms of use on our application(s). Please check this page regularly to ensure you are familiar with the current version.

(14) Assignment 

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(15) Severability 

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(16) Exclusion of third party rights 

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(17) Entire agreement 

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our application(s), not including our application(s), and supersede all previous agreements in respect of your use of this application(s).

(18) Law and jurisdiction 

These terms of use will be governed by and construed in accordance with Republic of Indonesia law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Republic of Indonesia.

(19) Our details 

The full name of our company is i-activity

You can contact us via our Contact Us page.

PART B: Application Usage 

(20) Registering as a User 

In order to register free-of-charge as a user of our application(s), you will need to take the following steps: Allow our application to capture your Facebook Account information, and allow our application to have permission to post on your behalf, and access various features of your Facebook account capabilities, which will be outlined and require explicit approval at the appropriate time.

(21) User warranties and undertakings

By registering as a user, you warrant that all information you provide to us (including without limitation all information in your Facebook profile) is true, accurate, fair and complete, and you undertake to keep all such information up-to-date within a reasonable period of time.

(22) Canceling your account etc.

You may delete your account by letting us know via our Contact Us page. 

You acknowledge that the application(s) services are provided free-of-charge, and that we may at any time, with or without notice or explanation, delete the user's account and/or discontinue the application(s) and/or application(s) services.