1. Use of the Sites and Indonesian Luxury’s Services
2. User License
Subject to the terms and conditions of this Agreement, and provided that you have paid all applicable fees to Indonesian Luxury for the use of the Sites and the Services and that you have not breached any provisions of this Agreement or any other policy of Indonesian Luxury, Indonesian Luxury grants to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Site, in object code only and on a single computer at any one time, as provided for in this Agreement. You may not copy, distribute, reverse engineer, display or create derivative works from the Site or the contents thereof.
3. Ownership, Copyright and Trademark Notices
Subject to the rights of certain Designers in their original works, you agree that the Site and its contents are Indonesian Luxury’s property, and that Indonesian Luxury retains all rights and title to them, including all copyrights, patents, trademarks, trade secrets and all other intellectual property rights in the same. No rights to the Site are granted to you except the limited license specifically granted in this Agreement and you agree that you shall not acquire any ownership or intellectual property rights in or to the Site or other property owned by Indonesian Luxury as a result of your use of the Site or the Services. Subject to the rights of certain Designers in their original works, the Site, its contents, and all materials contained therein are protected by copyright: Copyright © 2015 Indonesian Luxury, Inc. All rights reserved.
INDONESIAN LUXURYTM and other Indonesian Luxury content, logos, designs, and buttons are the trademarks or service marks of Indonesian Luxury. The "look and feel" of the Sites and the contents thereof, including any of its color combinations, layout, and other graphical elements are protected by applicable Indonesian and international intellectual property laws. Unless approved by Indonesian Luxury in writing, you may not use any of Indonesian Luxury’s marks or trade dress, including the elements that constitute the "look and feel" of the Sites, or any similar marks. Any alteration, modification, or change of any kind to the titles, patents, trademarks, copyrights or other proprietary notices by you is strictly prohibited and constitutes a violation of Indonesian Luxury’s rights or the rights of others, in intellectual property or otherwise.
4. No Unlawful or Prohibited Use
Use the Site or the Services to distribute unsolicited messages, advertising or promotional materials, or to collect information regarding other Users for those or any other purposes;
5. Creating an Account with Indonesian Luxury
You will also create a unique username and password for your account, and you are responsible for maintaining the confidentiality of the password and your account. You may only use your account, and you may not transfer your account to another User. You are fully responsible for all activities that occur under your username, and you agree to notify Indonesian Luxury immediately of any unauthorized use of your account. You also agree that Indonesian Luxury will not be liable for any loss or damage arising from your failure to keep your password secure.
6. Creating a Professional Account with Indonesian Luxury
You may only list Goods for sale on the Sites if you are registered with Indonesian Luxury as a Professional. Our Professionals are the most sought-after Art Galleries, Artists, Design Professionals, Premium Brands and Property Developers in Indonesia. To inquire about becoming an Indonesian Luxury Professional, please find a contact form on the Site. You acknowledge that all Professionals are selected by Indonesian Luxury in its sole discretion, and Indonesian Luxury has the right to refuse to allow any User to create a Professional Indonesian Luxury account for any reason or for no reason at all. In addition to the requirements for creating an account with Indonesian Luxury, in order to use the Site and the Services as a Professional, you must have a current and signed Professional Agreement with Indonesian Luxury, and you must make all required payments in accordance with your Agreement.
When you upload or post to the Site (or submit to Indonesian Luxury for use on the Site) any User Content, you grant to Indonesian Luxury a non-exclusive, worldwide, gratis, royalty-free, freely assignable and transferable, freely sub-licensable, perpetual right and license to:
You agree that Indonesian Luxury is not under any obligation of confidentiality with respect to any User Content and that by posting User Content, other Users may re-post your User Content on third party websites.
You represent and warrant that you own or otherwise control or have a license to all necessary rights to the User Content that you post or submit to Indonesian Luxury for use on the Sites and that you have sufficient rights to grant this license to the User Content to Indonesian Luxury. Indonesian Luxury acknowledges that it does not own the User Content and agrees that it shall not acquire any ownership or intellectual property rights in or to the User Content as a result of this Agreement or its posting to the Sites. By listing Goods on the Sites for sale (whether through a Marketplace Sale, Featured Sale or otherwise), you represent and warrant that you own or have the right to sell the Goods, and that your Goods description, the Goods, and your conduct in listing the Goods comply with all applicable laws and regulations, as well as Indonesian Luxury’s policies, including our Intellectual Property Policy.
When a User communicates with an Indonesian Luxury Designer, to inquire about or purchase a product or otherwise, the User provides the Professional with certain personal information (including the User’s name and email address and, in the case of a purchase, payment and shipping information). Without express consent, Professionals shall not contact Users or use their personal information for any purpose other than Indonesian Luxury-related communications and for completing the transaction for which the information was provided. Designers may not use this information to distribute unsolicited commercial messages. Unless a Member "follows" the Professionals, or the Member consents, Professionals may not add Members to their email lists.
You agree that Indonesian Luxury is guaranteed to receive commission of the purchases at your store when it is organized by our concierge service.
7. Terms of Sales
8. Sites Monitoring and Complaints
9. Disclaimers and Limitations of Liability
The Site and all content on the Site, including the Goods as well as the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis without representations or warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, availability, accuracy or otherwise. The Site and its contents may contain errors of publication, technical inaccuracies or typographical errors and Indonesian Luxury does not represent that the Site or the contents thereof, or the provision of the Services will be interruption or error free.
In no event shall Indonesian Luxury or its affiliates be liable to you or any other person for any direct, special, indirect, consequential, lost profit, exemplary or punitive damages, or any damages whatsoever, as a result of any claims related to access to or use of the Site or Services, including any third party claims related to Goods or User Content or any transaction between Designer and a Member or interaction between Designer and another User. In the event that you have a dispute with any other Indonesian Luxury User, or with any third party related to your Goods, User Content, or use of the Site or the Services, you release Indonesian Luxury from any and all claims and damages arising out of such disputes. If Indonesian Luxury or any of its affiliates is found liable to you or any third party for any damages, then the cumulative liability of Indonesian Luxury shall be limited to the total annual amount of fees paid by you to Indonesian Luxury during the year preceding the event that gives rise to such liability.
10. User Indemnification
You hereby agree to defend, indemnify and hold harmless Indonesian Luxury from and against any claims, actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, which it may be subject to, relating to your Goods, User Content, use of the Site or the Services, any violation of the terms of this Agreement or the policies incorporated herein, any illegal conduct that you commit, and any violations of any person’s rights, including infringement or misappropriation of the intellectual property rights of any person.
11. Governing Law and Dispute Resolution
This Agreement shall be construed and interpreted in accordance with the laws of Indonesia, without regard to conflicts of laws principles.
12. Termination of Your Account or Access to the Site
You agree that Indonesian Luxury may immediately terminate or suspend your account, access to all or any part of the Site, and may remove any Goods or User Content at any time with or without cause upon written notice to you. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of applicable laws, the terms of this Agreement, or other incorporated policies, (b) your use of illegal, obscene or objectionable conduct, Goods or User Content, or repeated complaints from other Users regarding your conduct, Goods or User Content, or (c) your violation of any person’s rights, including intellectual property rights. If your account with Indonesian Luxury is terminated, Indonesian Luxury may, in its sole discretion, delete your storefront, Goods listings and any User Content that you have posted to the Site or submitted to Indonesian Luxury for posting to the Site. Following termination, you will not be permitted to use the Site or the Services. Even if this Agreement is terminated, you acknowledge and agree that sections 3, 4, 9, 10, 11, 13 and 14 shall survive the termination of this Agreement.
Except as stated otherwise, notices shall be given by postal mail to Indonesian Luxury at: Jalan Wijaya Timur Raya No. 12, Jakarta 12710, Indonesia. Or, in your case, to the email address you provide to Indonesian Luxury. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid, or three (3) days after the date of mailing.
Indonesian Luxury may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this Agreement for the purposes of Section 1(b). Please provide notice as stated in our Intellectual Property Policy for intellectual property issues.
The provisions of this Agreement are severable. If any part of this Agreement is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement, including the policies, terms and conditions referred to or incorporated by reference herein, is the entire agreement between you and Indonesian Luxury and supersedes any other oral or written communications, agreements or representations with respect to the subject matter contained herein.
The Site and Services hereunder are offered by PT. ISA Indoluxury Utama, located at Jalan Wijaya Timur Raya No. 12. Kebayoran Baru, Jakarta 12170.