PT JToon Studios Indonesia Terms of Use

PT JToon Studios Indonesia and/or its affiliates or subsidiaries (collectively, “JTOON”, “we” or “us”) is offered to you, the user, conditioned on your acceptance of the terms, conditions and notices contained or incorporated by reference herein and such additional terms and conditions, agreements and notices that may apply to any page or section of the JTOON website (the “Site”).

Overview

Your access and use of this Site constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you access and use the Site with the permission of a parent or legal guardian, and that you are not a person barred from using or accessing the Site by any local, state, federal or international law and that you are hereby agreed to all such terms, conditions and notices. Please read them carefully. By using this Site, you agree to these Terms of Use ("Terms of Use"), as well as any other terms, guidelines or rules that are applicable to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information or products from this Site.

Modification of the Site and These Terms & Conditions

JTOON reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the links, content, information, prices and any other materials offered via this Site at any time and from time to time without notice or further obligation to you except as may be provided therein. We have the right to adjust prices from time to time. If for some reason there may have been a price mistake, JTOON has the right to refuse the order. You are hereby agree that any changes, modifications, alterations, updates or discontinuance of the terms, conditions and notices of the Site shall be effective upon posting on the Site and by your continued use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates.

Copyright

All content and compilations included on this Site, such as graphics, logos, images, videos, data, and photograph is the property of PT JToon Studios Indonesia.

Electronic Communications

You agree that JTOON may send electronic mail to you for the purpose of order confirmation, payment confirmation, member registration confirmation, or for such other purpose(s) as we deems appropriate.

Use of Site

You may not copy, download, reproduce, sell, upload any part or all of contents of this Site for any purpose whatsoever or use for your own interest and or in any media.

Disclaimers

JTOON DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. JTOON CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JTOON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JTOON DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY JTOON SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JTOON FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

JTOON reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will JTOON be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if JTOON has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, JTOON is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, JTOON’s liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against JTOON (but not including the purchase price for any JTOON products or software products or similar support program).

Indemnity

You agree to indemnify and hold JTOON, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against JTOON by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

JTOON may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) JTOON’s rights or property, or the rights or property of visitors to or users of the Site, including JTOON’s customers. JTOON reserves the right at all times to disclose any information that JTOON deems necessary to comply with any applicable law, regulation, legal process or governmental request. JTOON also may disclose your information when JTOON determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that JTOON may preserve any transmittal or communication by you with JTOON through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or JTOON determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of JTOON, its employees, users of or visitors to the Site, and the public.

You agree that JTOON may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to JTOON, for which monetary damages would be inadequate, and you consent to JTOON obtaining any injunctive or equitable relief that JTOON deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies JTOON may have at law or in equity.

You agree that JTOON may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If JTOON does take any legal action against you as a result of your violation of these Terms of Use, JTOON will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to JTOON. You agree that JTOON will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Republic of Indonesia without regard to its conflicts of laws provisions. You agree to the jurisdiction of the District Court of South Jakarta, Indonesia, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between JTOON and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Termination

This agreement is effective unless and until terminated by either you or JTOON. You may terminate this agreement at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by this agreement. JTOON may terminate this agreement at any time and without notice, and accordingly deny you access to this Site, in JTOON's sole discretion for any reason, including your failure to comply with any term or provision of this agreement. Upon any termination of this agreement by either you or JTOON, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this agreement or otherwise.