Terms And Condition

Background

The following are the terms and conditions for Users and all links that refer to the Indika FM Platform, in the form of guidelines, notifications, information, rules, policies and instructions related to the use of the Service and / or access to the Indika FM Platform, as well as any additions and changes thereof. , from time to time, conducted by Indika FM (“Terms of Use”).

 

DEFINITIONS

 

In these Terms of Use, as long as not stipulated otherwise, the terms below have the following meanings:

 

You or the User is a party (registered / unregistered) who accesses the Platform and / or uses the Service, including but not limited to Content Partners, offline users, clients who are required to comply with the Terms of Use along with other provisions that will be informed and can be updated by Indika FM from time to time.

 

We or Indika FM are PT Radio Indika Millenia is a limited liability company established under the laws of the Republic of Indonesia which is located at…., South Jakarta.

 

Advertising is a promotion of Indika FM’s products, brands or services or other third parties, in any form on the Indika FM Platform, to Users to attract interest, involvement and sales.

 

Content is any digital content, whether in the form of text, graphics, photos, videos, films, series films, sound, music, audio-visual combinations, or other materials uploaded or displayed on the Indika FM Platform as part of the Service.

 

Service is the viewing of content through the internet network, both paid and free (advertising based), and broadcasting live streaming radio broadcasts on websites and digital applications, including other distribution channels owned or in collaboration with Indika FM, including services – other services provided by Indika FM and / or Content Partners on the Indika FM Platform.

 

Content Partners are any individual, company, production house, creator, owner and legal licensee of Content, who collaborates with Indika FM, or third parties that have been authorized by Indika FM.

 

The Indika FM platform is the indikafm.com website and includes the digital application for Indika FM Radio and social media with channels, brands, or pages that are owned and / or controlled by Indika FM, both existing and in the future. , which can be accessed by Users through, including but not limited to, computers, mobile devices, tablet devices, internet connected televisions, and other devices as well as an interactive platform that shares information, photos, videos, other audio-visual displays.

 

Territory means the territory of the Republic of Indonesia or other areas where Content Services can be enjoyed by Users, with certain territorial restrictions.

 

By using this Indika FM Site and Mobile Application and Mobile Application, you are representing and warranting that: (a) you are a legal resident of the Indonesia (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this Indika FM Site and Mobile Application (collectively, “Device”); and (d) you will access and use this Indika FM Site and Mobile Application in accordance with this Agreement.

Some parts of this Indika FM Site and Mobile Application and Mobile Application may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Indika FM Site and Mobile Application content.

 

1. MOBILE DEVICES

If permitted or available through the applicable Indika FM Internet Service, to (a) upload content to this Indika FM Site and Mobile Application via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this Indika FM Site and Mobile Application from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Indika FM makes the Indika FM Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Indika FM Internet Service, including, but not limited to, if this Indika FM Site and Mobile Application contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Indika FM Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Indika FM’s or this Indika FM Site and Mobile Application’s operations or the Indika FM Internet Service. Any equipment or software causing interference will be immediately disconnected from the Indika FM Internet Service and Indika FM will have the right to immediately terminate this Agreement. If any upgrade in or to the Indika FM Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Indika FM Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Indika FM Internet Service.

 

2. CHANGES TO THIS AGREEMENT

Indika FM reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Indika FM will provide notice of such change on this Indika FM Site and Mobile Application. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this Indika FM Site and Mobile Application and/or Indika FM Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Indika FM Site and Mobile Application and/or the Indika FM Internet Service to which the changes may apply.

 

3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Indika FM has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, here: https://www.indikafm.com/legal/privacy, and by using this Indika FM Site and Mobile Application you agree to the terms of the Privacy Statement.

 

4. ACCOUNTS, SECURITY, PASSWORDS

If a particular Indika FM Site and Mobile Application or Indika FM Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Indika FM immediately of any unauthorized use of your account. Indika FM is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Indika FM Internet Service.

 

5. USER CODE OF CONDUCT

In accessing and using this Indika FM Site and Mobile Application and/or the Indika FM Internet Services, you agree that you will not:

Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page). Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Indika FM Site and Mobile Application, or any postings which advocate illegal activity. Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable. Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability. Deliver, or provide links to, any postings containing defamatory, false or libelous material. Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity. Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver. Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references. Use this Indika FM service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Indika FM Site and Mobile Application or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment. Attempt to gain unauthorized access to this Indika FM Site and Mobile Application, any related website, other accounts, computer system, or networks connected to this Indika FM Site and Mobile Application, through hacking, password mining, or any other means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Indika FM Site and Mobile Application, including harvesting or otherwise collecting information about others such as email addresses.

 

6. FEES

Except where otherwise provided, access to and use of this Indika FM Site and Mobile Application and the Indika FM Internet Services offered through it are currently available without charge. Indika FM reserves the right to charge a fee for access to or use of this Indika FM Site and Mobile Application, or any Indika FM Internet Service available on this Indika FM Site and Mobile Application at any time in the future. Your access to or use of this Indika FM Site and Mobile Application before such time does not entitle you to use of this Indika FM Site and Mobile Application without charge in the future.

 

7. DISCLAIMER OF WARRANTIES

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS INDIKA FM SITE AND/OR INDIKA FM INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS INDIKA FM SITE OR INDIKA FM INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. INDIKA FM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS INDIKA FM SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS INDIKA FM SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INDIKA FM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. INDIKA FM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS INDIKA FM SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS INDIKA FM SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. INDIKA FM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS INDIKA FM SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

INDIKA FM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR INDIKA FM INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

 

8. EXCEPTIONS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, INDIKA FM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

9. LIMITATIONS ON LIABILITY

In no event shall Indika FM, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Indika FM Site and Mobile Application and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (1) loss of goodwill, profits, business interruption, data or other intangible losses; (2) your inability to use, unauthorized use of, performance or non-performance of this Indika FM Site and Mobile Application; (3) unauthorized access to or tampering with your personal information or transmissions; (4) the provision or failure to provide any service; (5) errors or inaccuracies contained on this Indika FM Site and Mobile Application or any information, software, products, services, and related graphics obtained through this Indika FM Site and Mobile Application; (6) any transactions entered into through this Indika FM Site and Mobile Application; (7) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this Indika FM Site and Mobile Application or any site to which it provides hyperlinks; or (8) damages otherwise arising out of the use of this Indika FM Site and Mobile Application and Indika FM Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Indika FM has been advised of the possibility of damages.

 

10. INDEMNIFICATION

You agree to indemnify and hold harmless Indika FM, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Indika FM Site and Mobile Application and any related Indika FM Internet Service and/or software. You agree to cooperate fully with Indika FM in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

 

11. MODIFICATION/TERMINATION BY INDIKA FM

Indika FM reserves the right, in its sole discretion, to modify, suspend, or terminate this Indika FM Site and Mobile Application and/or any portion thereof, including any Indika FM Internet Service, and/or your account, password, or use of any Indika FM Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for an Indika FM Internet Service removes your authorization to use the Indika FM Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Indika FM shall not be liable to you or any third party for any termination of your access to an Indika FM Internet Service.

 

12. LINKS

This Indika FM Site and Mobile Application may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). Indika FM does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply Indika FM’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

 

13. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE

Any software that is made available to access, use, view and/or download in connection with an Indika FM Site and Mobile Application or Indika FM Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Indika FM and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Indika FM accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

 

14. INTERNATIONAL USE/U.S. EXPORT CONTROLS

Accessing materials on this Indika FM Site and Mobile Application by certain persons in certain countries may not be lawful, and Indika FM makes no representation that materials on this Indika FM Site and Mobile Application are appropriate or available for use in locations outside the Indonesia. If you choose to access this Indika FM Site and Mobile Application from outside the Indonesia, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The Indonesia controls the export of any software downloadable from this Indika FM Site and Mobile Application. No software or any other materials associated with this Indika FM Site and Mobile Application may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the Indonesia has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from an Indika FM Site and Mobile Application, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

 

15. THIRD-PARTY MERCHANTS

This Indika FM Site and Mobile Application may enable you to order and receive products, information and services from businesses that are not owned or operated by Indika FM. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Indika FM does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Indika FM will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Indika FM Internet Service.

 

16. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS, AND OTHER PARTNERSHIPS

Indika FM may display advertisements for the goods and services of a third party on the Indika FM Site and Mobile Applications, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Indika FM does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this Indika FM Site and Mobile Application.

 

17. EVENTS

You may be invited or asked to attend Indika FM-sponsored events or events held by other members and users of this Indika FM Site and Mobile Application which are not in any way associated with Indika FM at various locations throughout the Indonesia (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold Indika FM, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by Indika FM in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by Indika FM and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.

 

18. INTERACTIVE SERVICES AND USER MATERIALS

This Indika FM Site and Mobile Application may offer certain Indika FM Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Indika FM Interactive Services”). Additional Terms may cover Indika FM Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Indika FM Internet Services may change from time to time in Indika FM’s sole discretion. You may participate in the Indika FM Interactive Service by completing the registration form where one is provided.

User Materials

Indika FM does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to Indika FM by you or other users (collectively, “User Materials”). Indika FM is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Indika FM reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Indika FM is not responsible or liable for damages of any kind arising from any User Materials even when Indika FM is advised of the possibility of such damages, or from Indika FM’s alteration or deletion of any User Materials.

You are solely responsible and liable for all User Materials delivered to Indika FM, whether via your account, this Indika FM Site and Mobile Application, email, or any other method. Any violation of these provisions can subject your Indika FM account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by Indika FM will not infringe or violate the rights of any third party in any manner.

By emailing, submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material to Indika FM, whether solicited or unsolicited, you are granting Indika FM and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. Indika FM also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.

The information and opinions expressed in User Materials appearing on this Indika FM Site and Mobile Application are not necessarily those of Indika FM or its content providers, advertisers, sponsors, affiliated or related entities, and Indika FM makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. Indika FM does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and Indika FM has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this Indika FM Site and Mobile Application is “public,” and in addition to the license granted to Indika FM, other users will have access to your User Materials and might copy, modify or distribute them.

If you are aware of any User Material on this Indika FM Site and Mobile Application which violates these Terms, please contact us at support@iheartradio.com. Please provide as much detail as possible, including a copy of the underlying material, the location where Indika FM may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, Indika FM will only remove User Materials if Indika FM believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.” Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this Indika FM Site and Mobile Application, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this Indika FM Site and Mobile Application, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that Indika FM, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

Referral Programs and “Forward to a Friend” Opportunities

The Indika FM Site and Mobile Application may offer referral programs that permit you to submit information about other persons (each, a “Referred Person”), including, without limitation, U.S.-based email addresses, mobile telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Indika FM Internet Service. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental Indonesia, at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi), and be able to register for the Indika FM Internet Service, or otherwise use the Indika FM Internet Service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Indika FM Internet Service. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our “do not contact” or “do not e-mail” lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this Indika FM Site and Mobile Application, any Indika FM Internet Service, or any third party for any reason. We specifically disclaim any liability for exercising such right.

We may, at our discretion, send you a confirmation using any means available through the Indika FM Internet Service, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the Indika FM Internet Service. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the Indika FM Internet Service to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.

If you are using the Indika FM Internet Service to communicate to a Referred Person (or any third party), you agree not to use such Indika FM Internet Service to harm the Referred Person or any other third party, and/or use such Indika FM Internet Service in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.

Voting/Rating Features

For any voting/rating features that are available on this Indika FM Site and Mobile Application, you must follow instructions on this Indika FM Site and Mobile Application to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Indika FM assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.

 

19. SUBSCRIPTION SERVICES

This Indika FM Site and Mobile Application may offer certain Indika FM Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “Indika FM Subscription Services”). By registering for an Indika FM Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.

 

20. MEMBER ACCOUNT AND PASSWORD

You are responsible for any membership name and password that is associated with your account during registration. If this service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.

 

22. CONTESTS/SWEEPSTAKES

Any sweepstakes, contests, games and/or promotional offers accessible on this Indika FM Site and Mobile Application are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this Indika FM Site and Mobile Application, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Indika FM Site and Mobile Application (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Indika FM Site and Mobile Application, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

 

23. GENERAL

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the Indonesia, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this Indika FM Site and Mobile Application and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in Jakarta, Selatan, DKI Jakarta. You agree to submit to the personal jurisdiction of the courts of the State of Indonesia for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Indika FM with respect to the use of this Indika FM Site and Mobile Application and shall not be modified except in writing, signed by an authorized representative of Indika FM.

If you have any questions concerning this Agreement, you may send them by email to support@indikafm.com. You must send any official correspondence via postal mail to:

 

24. COPYRIGHT AND TRADEMARK NOTICE

Use of Intellectual Property

The Indika FM Site and Mobile Application, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Indika FM logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the Indonesia, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Indika FM or by other parties that have provided rights thereto to Indika FM.

All music playback on Indika FM radio is derived from songs sent by label parties, the intellectual property rights of these songs are still owned by the label parties and Indika FM is given permission to use the song for playback on conventional radio and radio digital on the Indika FM Site and Mobile Application.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Indika FM Site and Mobile Application, in whole or in part, without the express written permission of Indika FM.

Other trademarks, service marks, product names and company names or logos appearing on this Indika FM Site and Mobile Application that are not owned by Indika FM may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Indika FM Site and Mobile Application, or frame this Indika FM Site and Mobile Application, or any web page or material herein, nor may any entity include a link to any aspect of this Indika FM Site and Mobile Application in an email for commercial purposes, without the express written permission of Indika FM. Further, unless otherwise expressly permitted, you agree not to link to Indika FM’s Intellectual Property so as to cause you or anyone else to access Indika FM’s Intellectual Property other than through this Indika FM Site and Mobile Application.

You may inquire about obtaining permission by writing:

IP Permission

By Email: IPPermission@indikafm.com

Copyright Infringement

Indika FM respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Indika FM Site and Mobile Application, you are granting permission to have this material posted on this Indika FM Site and Mobile Application, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Indika FM reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Indika FM may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

 

By Email: dmca@indikafm.com

 

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