NYXRIZKI WEB SITE AGREEMENT
The NYXRIZKI Web Site
(the "Site") is some reviews about outomotive by NYXRIZKI ("NYXRIZKI
"), subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. NYXRIZKI MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses
and Idea Submissions.
The entire contents of
the Site are protected by international copyright and trademark laws. The owner
of the copyrights and trademarks are NYXRIZKI, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to NYXRIZKI
a non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to NYXRIZKI by all means
and in any media now known or hereafter developed. You also grant to NYXRIZKI
the right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no recourse
against NYXRIZKI for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to NYXRIZKI.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or service marks of NYXRIZKI. Other product and company
names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by NYXRIZKI, NYXRIZKI does not operate, control or
endorse any information, products or services on the Internet in any way.
Except for NYXRIZKI- identified information, products or services, all
information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with NYXRIZKI
a. You also understand that NYXRIZKI cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE INTERNET. NYXRIZKI PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND NYXRIZKI SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. NYXRIZKI DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. NYXRIZKI HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL NYXRIZKI
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF NYXRIZKI OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NYXRIZKI
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.NYXRIZKI makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a non-NYXRIZKI
web site, please understand that it is independent from NYXRIZKI, and that NYXRIZKI
has no control over the content on that web site. In addition, a link to a NYXRIZKI
web site does not mean that NYXRIZKI endorses or accepts any responsibility for
the content, or the use, of such web site.
3.
Indemnification.
You agree to
indemnify, defend and hold harmless NYXRIZKI, its officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
4. Third Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of NYXRIZKI and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term;
Termination.
This Agreement may be
terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of Indonesia applicable to agreements made and to be performed in
Indonesia. You agree that any legal action or proceeding between NYXRIZKI and
you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in Indonesia . Any cause of action or claim you may have
with respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is barred. NYXRIZKI's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. NYXRIZKI may assign its rights and
duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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