Terms & Conditions
This terms and conditions of use (hereinafter referred to as the 'Terms and Conditions') defines the conditions between PT. Muslimah Media Blog/Moeslema.com (hereinafter referred to as the 'Company') and customers (hereinafter referred to as the 'Curator' or 'Curators') in regards to the use of websites, software, applications, products, documents and other products and services provided by the company under the service name (hereinafter referred to as the 'Service').
- 1. Agreement to Terms and Conditions of Use
- 1. Curator must use the service in accordance to the provisions stated in the terms and conditions. Curator cannot use the service unless he/she makes a valid and irrevocable agreement to the terms and conditions.
2. Minors can use the service after acquiring consent from their legal representatives such as parents.
3. By actually using the service, the curator is deemed to have provided valid and irrevocable consent to the terms and conditions.
- 2. Collection and Use of Personal Information
- 1. The curator must provide genuine, accurate and complete information when providing information related the curator to the company while using the service.
2. When the curator registers a password in using the Service, the curator must exercise due care and be responsible to prevent the password from being used fraudulently. The company can treat all activities conducted with the password as the activities conducted by the curator him/herself.
- 3. Restrictions
- The curator must not engage in and guarantees not to conduct the following when using the service.
(1)Activities that violate the law, the verdicts, resolutions or orders of court, or administrative measures that are legally binding.
(2)Activities that may hinder public order or good customs (including submitting, posting, disclosing, transmitting expressions that lead to the discomfort of others, including excessively violent or sexual expressions, or other anti-social content.)
(3)Activities that infringe upon the rights (including intellectual property rights, such as copyrights, trademarks and patents, fame, privacy and all other rights granted by the law or agreements) of the company and/or a third party.
(4)Activities that lead to the misrepresentation of the company or a third party, or intentional spreading of false information.
(5)Activities that use the Service for commercial purposes without prior approval from the company use the service to meet a person for sexual encounters, or use the service for purposes other than the service's true intent.
(6)Activities that benefit or collaborate with anti-social groups.
(7)Activities that are related to religious activities or invitations to a certain religious group.
(8)Activities that lead to the collection, disclosure, or provision of a third party's personal information, registered information or curator history without prior consent.
(9)Activities that interfere with the company's operation of the service, or the curators’ use of the service.
(10)Activities that aid or encourage any activity stated in clause 1 to 9 above.
(11)Other activities that are deemed by the company to be inappropriate.
- 4. Handling of Content
- 1. In the terms and conditions, 'contents' mean information such as texts, audio sources, music, images, videos, programs and/or codes. 'The Contents' refer to any contents that can be accessed through the service. 'Submitted Contents' are contents that have been posted, transmitted, uploaded by curators and saved in the servers managed by the company. 'Publicly Submitted Contents' are Submitted Contents that are generally accessible and viewable by other curators.
2. Curators maintain the rights to their Submitted Contents including Publicly Submitted Contents. Such rights will not be transferred to the company. However, by submitting Publicly Submitted Contents, curators grant the Company rights and the Company obtains a worldwide, non-exclusive, royalty-free, sub-licensable license to use, reproduce, perform, transmit, nuncupate, display, distribute, lease, translate, prepare derivative works of, and modify (to the extent that the Company believes it is necessary for its business) the Publicly Submitted Contents, regardless of the purposes of profit-making, for an indefinite period. Moreover, curators must agree not to exercise the author's moral rights for 'Publicly Submitted Contents' against such uses mentioned above by the company and/or the third parties designated by the company.
3. The curator must not use the contents beyond the scope of the intended use of the contents in the service (including but not limited to copying, transmission, reproduction, modification.) except with prior consent from both the company and rights holders.
4. The company may check the details of the submitted contents when the company acknowledges the need to check whether the submitted contents violate related laws or any provisions in the terms and conditions. However, the company is not obligated to conduct such investigations.
5. In cases where the company recognizes that the curator has violated, or may violate applicable laws or provisions in the Terms and conditions related to the submitted contents, the company can preclude the curator's use of the service or the submitted contents in certain manners such as deleting the submitted contents from the server managed by the company without providing the curator with prior notification. Therefore, the curator is recommended to keep a backup of the submitted contents.
6. The company may, as stated below, grant the curator r authority to delete contents posted by other curator(s). Such authorized curator should exercise such authority only if the posted content violates the restrictions stipulated in the terms and conditions or for justifiable reasons, upon the curator's own responsibility without abusing this authority.
- 5. Compensation to the Company
- In cases where the company has suffered a loss or damage, or been charged an expense (including but not limited to lawyer's fees) either directly or indirectly (including but not limited to the case where the company has been laid claim to by a third party) due to the Curator using the Service in such a way that it violates the applicable laws or the terms and conditions, the curator must immediately compensate or indemnify such losses, damage and/or expenses in accordance with the company's demand.
- 6. Provision, Non-guarantee, Alteration and Termination of the Service
- 1. The curator shall prepare necessary items such as a PC, a mobile phone, a communication device, an operating system, communication means and power necessary for using the service under the Curator's own responsibility and at the curator’s own expense.
2. The company may limit the criterion for using the service depending on the conditions that the company considers necessary such as current membership status, age, and identification.
3. The company may provide the curators with advertisements of the company or the third party within the service.
4. The company can modify or cease the entire or part of the service anytime without prior notice to the curators at the company's own discretion.
5. The wCompany does not guarantee that the service (including the contents) is free from de facto or legal flaws (including but not limited to safety, reliability, accuracy, integrity, effectiveness, fitness to certain purposes, security-related faults, flaws, bugs, violation of rights). The company shall not be responsible for providing the service without such defects. However, if the agreement (including but not limited to the terms and conditions) between the company and the curator regarding the service shall be deemed as a consumer contract under the Consumer Contract Law in Indonesia and such an agreement will be a contract for value, the above provision does not mean to entirely exempt the company's responsibility to indemnify any loss inflicted upon the curator due to invisible defects of the service. In such cases the treatment of compensation follows Article 7, clause 2.
6. The company may take measures that the company considers necessary and appropriate, if the company acknowledges that the curator uses the service in a way that violates the terms and conditions. However, the company does not provide its curators or third parties with any guarantee against curators and/or others violating the terms and conditions. Furthermore, the company shall not be responsible for correcting or preventing such violation by the curators or others.
- 7. The Company's Exemption of Liability
- 1. The company shall not be responsible for any damages inflicted upon the curators in relation to the use of the service. However, if the agreement (including but not limited to the terms and conditions) between the company and the curator regarding the service shall be deemed as a consumer contract under the Consumer Contract Law in Indonesia, then this exemption clause shall not be applied.
2. Notwithstanding the condition stated in the proviso of clause 1 above, the company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the company or the curators predicted or could have predicted) in respect of the failure to perform the company's obligation under the agreement mentioned in the proviso of clause 1 above or the company's wrongful conduct due to the company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the failure of the company to perform its obligations under the agreement mentioned in the proviso of clause 1 above or the company's wrongful conduct due to the company's negligence (except for gross negligence) shall be limited up to the total amount of received fees from the curator in the particular calendar month in which such damages occurred.
- 8. Withdrawal and Suspension from Services
2. The company can suspend or delete a certain curator's account without giving prior notice to the curator if the company acknowledges the possibility that the curator is violating or has violated the terms and conditions.
3. Where curators login/verify to the service using accounts provided by other operators (hereinafter referred to as “Other Service Accounts”), the curator must be aware that they may not be able to continue use of the service in situations where the other service account, or verification to the other service account is deleted by the operator of that particular service.
- 9. Method of Notification or Contact
- 1. When the company notifies or contacts the curator in regard to the service, the company can use a method that the company considers appropriate, such as posting on the website operated by the company.
2. When the curator notifies or contacts the company in regard to the service, the curator must use the customer inquiry form available on the website operated by the company or by means of other methods designated by the company.
- 10. Relations to Individual Terms and Conditions of Use
- 1. If there are documents released or uploaded by the company under the name of 'Agreement' ,'Guideline', 'Policy' etc. (hereinafter 'Separate Terms and conditions') in relation to the service, the curator also must comply with both the Separate terms and conditions as well as the terms and conditions.
2. In the event of a contradiction between the terms and conditions and the separate terms and conditions, the provisions in the separate terms and conditions shall take precedence over the terms and conditions.
- 11. Modification of the Terms and Conditions
- The company may modify the terms and conditions or separate terms and conditions when the company deems necessary, without providing prior notification to curators. The modification will become effective once the modified terms and conditions or separate terms and conditions are posted to an appropriate location within the website operated by the company. The curator shall be deemed that he/she has made valid and irrevocable consent to the modified terms and conditions or separate terms and conditions by continuing to use the service. Curators must refer to the terms and conditions on a regular basis when using the service, since a separate notification regarding the modification to terms and conditions may not be provided.
- 12. Governing Law and Jurisdiction
- The terms and conditions will be governed by the laws of Indonesia. Conflicts that arise from the service or conflicts between the curator and the company related to the service will be governed primarily under the exclusive jurisdiction of the District Court of Indonesia. The judgment in favor of the company from the governing court shall be executable in any court in any country.