| 1. |
ACCEPTANCE OF
TERMS |
| |
Welcome
to Bali Directory!
Bali Directory provides the Bali Directory
services to you, subject to the following
Terms of Service, which may be updated by
us from time to time without notice to you;
provided that, we will not alter Section "Content
Submitted to Bali Directory" without
prior notice to and acceptance by you. You
can review the most current version of the
Terms of Service at any time at http://www.bali-directory.com/company-info/termsofservice/default.asp. |
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| 2. |
DESCRIPTION
OF SERVICE |
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Bali Directory currently provides
users with expedited review of websites you
submit for inclusion in the Bali Directory.
Unless explicitly stated otherwise, any new
features that augment or enhance the current
Service, including the release of new Bali
Directory resources, shall be subject to the
Terms of Services. In order to use the Service,
you must register to Bali Directory, either
directly or through devices that access web-based
content, and pay any service fees associated
with such access. |
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| 3. |
YOUR REGISTRATION OBLIGATIONS |
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In consideration of use of the
Service, you agree to: |
| a. |
provide true, accurate, current
and complete information about yourself as
prompted by the Advertisement Form and |
| b. |
maintain and promptly update the Registration
Data to keep it true, accurate, current and
complete. |
| If you provide any information
that is untrue, inaccurate, not current or
incomplete, or Bali Directory has reasonable
grounds to suspect that such information is
untrue, inaccurate, not current or incomplete,
Bali Directory has the right to suspend or
terminate your account and refuse any and
all current or future use of the Service (or
any portion thereof). |
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| 4. |
BALI DIRECTORY PRIVACY POLICY |
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Pursuant to Bali Directory's
privacy policy, we may disclose to third parties
certain aggregate information contained in
your Registration Data or related data, provided
that, such information will NOT include personally
identifying information, except as specifically
authorized by you or in the good faith belief
that such action is reasonably necessary to
comply with the law, legal process, to enforce
the Terms of Service, or under any of the
other circumstances set forth in our privacy
policy, as may be amended from time to time.
For more information, please see our full
privacy policy at http://www.bali-directory.com/company-info/PrivacyPolicy.asp. |
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| 5. |
MEMBER CONDUCT |
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You understand that all information,
data, text, photographs, graphics, messages
or other materials ("Content"),
whether publicly posted or privately transmitted,
are the sole responsibility of the person
from which such Content originated. This means
that you, and not Bali-Directory, are entirely
responsible for all Content that you upload,
post or otherwise transmit via the Service.
Bali-Directory does not control the Content
posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality
of such Content. You understand that by using
the Service, you may be exposed to Content
that is offensive, indecent or objectionable.
You agree to not use the Service to: |
| a. |
upload, post or otherwise transmit any
Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory,
obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise
objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person or entity; |
| d. |
forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service or develop
restricted or password-only access pages,
or hidden pages or images (those not linked
to from another accessible page); |
| e. |
upload, post or otherwise transmit any
Content that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships (such as inside information,
proprietary and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements); |
| f. |
upload, post or otherwise transmit any Content
that infringes any patent, trademark, trade
secret, copyright or other proprietary rights
of any party; |
| g. |
upload, post or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain
letters," "pyramid schemes,"
or any other form of solicitation, except
in those areas of the Service that are designated
for such purpose; |
| h. |
upload, post or otherwise transmit any
material that contains software viruses or
any other computer code, files or programs
designed to interrupt, destroy or limit the
functionality of any computer software or
hardware or telecommunications equipment;
|
| i. |
interfere with or disrupt the Service or
servers or networks connected to the Service,
or disobey any requirements, procedures, policies
or regulations of networks connected to the
Service; |
| j. |
intentionally or unintentionally violate
any applicable local, state, national or international
law. |
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| 6. |
NO RESALE OF SERVICE |
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You agree not to reproduce,
duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service,
or access to the Service. |
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| 7. |
MODIFICATIONS TO SERVICE |
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Bali Directory reserves the
right at any time and from time to time to
modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or
without notice. You agree that Bali-Directory
shall not be liable to you or to any third
party for any modification, suspension or
discontinuance of the Service. |
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| 8. |
LINKS |
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The Service may provide, or
third parties may provide, links to other
World Wide Web sites or resources. Because
Bali Directory has no control over such sites
and resources, you acknowledge and agree that
Bali Directory is not responsible for the
availability of such external sites or resources,
and does not endorse and is not responsible
or liable for any Content, advertising, products,
or other materials on or available from such
sites or resources. You further acknowledge
and agree that Bali Directory shall not be
responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to
be caused by or in connection with use of
or reliance on any such Content, goods or
services available on or through any such
site or resource. |
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| 9. |
BALI DIRECTORY PROPRIETARY RIGHTS |
| |
You acknowledge and agree that
the Service contains proprietary and confidential
information that is protected by applicable
intellectual property and other laws. You
further acknowledge and agree that Content
contained in sponsor advertisements or information
presented to you through the Service or advertisers
is protected by copyrights, trademarks, service
marks, patents or other proprietary rights
and laws. Except as expressly authorized by
Bali-Directory, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative
works based on the Service, in whole or in
part. |
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| 10. |
DISCLAIMER OF WARRANTIES |
| |
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT: |
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
BALI-DIRECTORY EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. |
| b. |
BALI DIRECTORY MAKES NO WARRANTY THAT: |
| |
| i. |
THE SERVICE WILL MEET
YOUR REQUIREMENTS, |
| ii. |
THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, |
| iii. |
THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, |
| iv. |
THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND |
|
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM BALI DIRECTORY
OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
OF SERVICE. |
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| 11. |
LIMITATION OF LIABILITY |
| |
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT BALI DIRECTORY SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF BALI DIRECTORY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: |
| i |
THE USE OR THE INABILITY TO USE THE SERVICE;
|
| ii |
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; |
| iii |
UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; |
| iv |
STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR |
| v |
ANY OTHER MATTER RELATING TO THE SERVICE. |
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| 12 |
EXCLUSIONS AND LIMITATIONS |
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SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND
12 MAY NOT APPLY TO YOU. |
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| 13. |
NOTICE |
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Notices to you may be made via
either email or regular mail. The Service
may also provide notices of changes to the
Terms of Service or other matters by displaying
notices or links to notices to you generally
on the Service. |
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| 14. |
GENERAL INFORMATION |
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The Terms of Service constitute
the entire agreement between you and Bali
Directory and govern your use of the Service,
superceding any prior agreements between you
and Bali Directory (including, but not limited
to, any prior versions of the Terms of Service).
You also may be subject to additional Terms
of Service that may apply when you use affiliate
or other Bali-Directory services or third-party
content. The Terms of Service and the relationship
between you and Bali Directory shall be governed
by the laws of the Republic of Indonesia without
regard to its conflict of law provisions.
You and Bali Directory agree to submit to
the personal and exclusive jurisdiction of
the courts located within the Province of
Bali, Indonesia. The failure of Bali Directory
to exercise or enforce any right or provision
of the Terms of Service shall not constitute
a waiver of such right or provision. If any
provision of the Terms of Service is found
by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that
the court should endeavor to give effect to
the parties' intentions as reflected in the
provision, and the other provisions of the
Terms of Service remain in full force and
effect. You agree that regardless of any statute
or law to the contrary, any claim or cause
of action arising out of or related to use
of the Service or the Terms of Service must
be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the Terms of Service
are for convenience only and have no legal
or contractual effect. |
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