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TERMS AND CONDITIONS

Terms and Conditions of Using Our Site


Yayasan Equaliser Bumi Untuk Semua and its officers, agents, and content providers (referred to below as "Earthqualizer or "we" or "us" or "our") maintain this web site and/or any related site (such as a related mobile application) (hereinafter referred to as "the Site") that links to these Earthqualizer Terms and Conditions as part of efforts to provide public access to information. We encourage you to use Earthqualizer information and data it contains (the "Materials") as well as communications tools designed to facilitate this use. Your access to and use of the Site, the Materials, those communications tools, and any new tools made available by us that alter or improve your use of the Site or the Materials are subject to these Earthqualizer Terms and Conditions, as well as any documents expressly incorporated by reference herein (collectively these "Terms and Conditions"). The main features of the Site, based on the best knowledge of Earthqualizer, came from valid data and must be regarded as a research product, which cannot be subject to lawsuit. Hereby the main features of this website:

  1. 1. Corporate activity;
  2. 2. Interactive mapping;
  3. 3. Updated data; and
  4. 4. Supply chain.

Please read these Terms and Conditions carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site.
For the remainder of the Materials as regulated by Earthqualizer, you may make non-commercial uses thereof, but you may not make any derivative work or commercial use, including without limitation reselling them, charging to access them, charging to redistribute them, or charging for derivative works based on them, without the prior written consent of Earthqualizer and the relevant sources of information (if applicable) The foregoing limited license rights are conditioned upon your providing proper attribution to Earthqualizer, including the relevant sources of information, the individual author(s) of the work, if any, and any third-party content providers.
All Materials on this Site from Earthqualizer, and other content providers, on this Site appear subject to these Terms and Conditions.
Unless expressly stated otherwise, the findings, interpretations, and conclusions expressed in the Materials in this Site are those of the various sources of the Materials and are belong to Earthqualizer.


No Endorsement

You may not publicly represent or imply that Earthqualizer, or any of its officers, is participating in, or has sponsored, approved, or endorsed the manner or purpose of your use or reproduction of the Materials. Earthqualizer, or any of its officers, shall be entitled to prosecute, to the fullest extent of the law, any use of the Materials in a manner that falsifies, misrepresents, disparages, or fraudulently uses the Materials.


No Association

All matters related names, logos, product and service names, designs and/ or slogans are belong to Earthqualizer. You may not use any such trademark, official mark, official emblem, or logo of Earthqualizer, or any of its other means of promotion or publicity, without the prior written consent of Earthqualizer and its relevant member institution(s), nor in any event to represent or imply an association or affiliation with Earthqualizer or any of such member institution. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.


Accessing the Site; Usernames and Interactive Tools

In order to access certain portions and features of the Site, you may have to create a "username" and complete an account registration process. If you do so, you agree to provide accurate, current, and complete information about yourself as prompted by the Site's registration forms, and you responsible for the information. You also agree to update your account information in a prompt manner in order to keep it true, accurate, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, (which is hereby incorporated herein by reference), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You are responsible for maintaining the confidentiality of your account password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify the Administrator of any unauthorized use of your password or username or any other breach of security.
Earthqualizer reserves the right, at its sole discretion for any reason or no reason at any time and from time to time and with or without notice to you, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your username and account and/or your access to the Site (or any part thereof). Under no circumstances shall Earthqualizer be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the Site or Materials made available on the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all Posts, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Earthqualizer, its business partners, service providers, licensors, users or other providers of such Material and are protected under copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws.


Use of the Site

Prohibited Uses:
You may use the Site only for lawful corporate, personal and non-commercial purposes. The Site may contain tools that enable you to "Post" (i.e., upload, post, make available, communicate, send, share, or transmit) Materials (collectively referred to as "Interactive Tools"). You agree not to use the Site, including the Interactive Tools, to do any of the following:

  • • Violate any applicable law or encourage or provide instructions to another to do so.
  • • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • • Post any infringing, obscene, indecent, or unlawful material or information.
  • • Misrepresent your identity, including by impersonating the Earthqualizer or its staff thereof.
  • • Collect or store personal information about anyone.
  • • Transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • • Provide any investment advice or otherwise violate applicable securities laws, or undertake or promote other commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • • Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  • • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner.
  • • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack. You represent and warrant that:
  • • You own or control all rights in and to your Posts and have the right to grant the license granted above to us and our affiliates, business partners and service providers, and each of their and our respective licensees, successors and assigns.
  • • All of your Posts do and will comply with these Terms and Conditions.

You understand and acknowledge that you are responsible for any of your Posts, that Postings by you and other users are not endorsed by Earthqualizer, and such Postings should not be considered reviewed, screened, or approved by Earthqualizer. Earthqualizer may or may not review Materials that you Post, but it shall have the right (but not the obligation) in its sole discretion to review, reject, or remove any and all Posts at any time for any or no reason whatsoever with or without notice to you. You hereby grant Earthqualizer a royalty-free, irrevocable, transferrable, sub licensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, and/or public performance) any and all Materials that you Post. Procedure for Sending Complaints Regarding Materials If you believe that your rights, or the rights of a third party, are being violated in any way by any Materials on the Site, please contact us at:
Complaints:
Earthqualizer
Address: Jalan Ahmad Yani 40 A, Tanah Sareal, Bogor, West Java, Indonesia
Tel: +62 811 114 1219 (Whatsapp business number)
email: secretariat@earthqualizer.org
We will work to prevent unlawful activity from taking place on or through the Site.

Procedure for Sending Copyright Notices under the Indonesian Copyright Law Earthqualizer has instituted a policy designed to enable, at Earthqualizer's sole discretion, the expeditious removal of infringing material and the termination of the usernames and access of users who qualify as repeat infringers. Please make sure that any Notice of Claimed Infringement you send to Earthqualizer's includes all of the following:

  • • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • • An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • • An identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimers of Warranties

You use the site, materials at your sole risk. Earthqualizer provides the site, materials "as is" and "as available". Earthqualizer expressly disclaims to the full extent permitted by law all warranties of any kind related to the site and materials, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the site and materials. Earthqualizer makes no warranty that (1) the site and materials will meet your requirements; (2) ) the site and materials will be uninterrupted, timely, secure, or error-free; (3) the results of the site and materials will be accurate or reliable; (4) the quality of any products, services, or material obtained by you through the site will meet your expectations; or (5) the site, its servers, or materials, or communications sent from Earthqualizer will be free of viruses or other harmful components. No information obtained by you from Earthqualizer or through the site shall create any warranty not expressly stated in these terms and conditions.
Other parties may have ownership interests in some of the Materials contained on the Site.
Earthqualizer in no way represents or warrants that it owns or controls all rights in all Materials, and The Earthqualizer will not be liable to you for any claims brought against you by third parties in connection with your use of any Materials. Nothing in the Site or any Materials shall be construed, implicitly or explicitly, as containing any business recommendations except regulated by Earthqualizer.


Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Earthqualizer, or any other content provider, be liable for any direct, indirect, incidental, special, exemplary, potential damages or consequential damages ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND ITS MATERIALS, OR INABILITY TO ACCESS THE SITE), even if Earthqualizer has been advised of the possibility of such damages. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You specifically acknowledge and agree that none of Earthqualizer, or any of its officers, is liable for any conduct of any User. You hereby release Earthqualizer from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the conduct of any User.
The Site may contain advice, opinions, and statements of various content providers. Earthqualizer does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information provided by any content provider, or any User of this site, or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Earthqualizer shall not be liable to any you or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any Materials (including content therein), regardless of cause, for any damages resulting therefrom.

Indemnification

As a condition of use of the Site, you agree to indemnify Earthqualizer, and its affiliates, from and against any and all actions, claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, including without limitation any claims alleging facts that if true would constitute a breach of these Terms and Conditions. You will cooperate as fully as reasonably required.


Governing Law

Any dispute between Earthqualizer and you arising out of, or in connection with, the Site or your use of the Site which cannot be amicably settled between the parties to such dispute shall be settled in accordance with the law of the Republic of Indonesia. The proceeding shall take place in the Indonesian Arbitration Board (BANI) in Mampang (Indonesia). Any resulting decision shall be final and binding on both parties. Judgment upon any decision in favor of Earthqualizer may be entered in any court having jurisdiction thereof. Earthqualizer's Terms and Conditions and the relationship between you and Earthqualizer shall be governed by the laws of the Republic of Indonesia as an agreement wholly performed therein without regard to its conflict of law provisions.


Preservation of Immunities

Nothing herein shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of Earthqualizer, which are specifically reserved.


Miscellaneous

These Terms and Conditions may be amended by Earthqualizer from time to time at our sole discretion. Prior to amendment, we will place a notice on our homepage in reasonable time. All changes are effective immediately when we post them. Please periodically review the controlling version of these Terms and Conditions. By continuing to use the Site subsequent to Earthqualizer making available an amended version of these Terms and Conditions, you thereby acknowledge, agree, and consent to such amendment.
The failure of Earthqualizer or any of its officers to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by Earthqualizer of any provision of this Agreement shall be binding except as set forth in writing and signed by its duly authorized representative.
These Terms and Conditions are fully assignable by Earthqualizer and will be binding upon and inure to the benefit of our successors and assigns.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms and Conditions. You agree not make any public statements that assert or imply any relationship with Earthqualizer, unless you have Earthqualizer's prior written approval. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other entire provisions of these Terms and Conditions remain in full force and effect.
Earthqualizer reserves all rights not expressly granted under these Terms and Conditions, and no other rights are granted by implication or estoppel or otherwise. The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Last Updated: April 2020

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