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Terms and Conditions
By using our web site and the services, you are accepting the
practices described in these terms and conditions. If you do not agree to
these terms and conditions, please do not use the web site and exit
immediately. We reserve the right to modify or amend the terms of our Terms
and Conditions from time to time without notice. Your continued use of our
web site and any affiliate web sites following the posting of changes to
these Terms and Conditions will mean you accept those changes.
1. Copyright and Ownership. All of the content
featured or displayed on the web site, including without limitation, text,
graphics, photographs, images, moving images, sound and illustrations is
owned by the American Indonesian Cultural and Educational Foundation, Inc.
All elements of the web site, including without limitation the general
design and the content, are protected by trade dress, copyright, moral
rights, trademark and other laws relating to intellectual property rights.
The web site may be used only for the intended purpose for which such web
site is being made available. Except as may be otherwise indicated in
specific documents within the web site, you are authorized to view, print
and download documents found on our web site for personal, informational and
noncommercial purposes only. You may not modify any of the materials, and
you may not copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any
information or work contained on the web site. Except as authorized under
the copyright laws, you are responsible for obtaining permission before
reusing any copyrighted material that is available on the web site. You
shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the web site. The web site,
its content and all related rights shall remain the exclusive property of
the Foundation unless otherwise expressly agreed.
2. Trademarks. All trademarks, service marks and
trade names of the American Indonesian Cultural and Educational Foundation,
Inc., used herein are trademarks of the Foundation. You may not use, copy,
reproduce, republish, upload, post, transmit, distribute or modify the
Foundation’s trademark in any way, including in advertising or publicity
pertaining to distribution of materials on this web site, without the
Foundation’s prior written consent. The use of the Foundation trademark on
any other web site or network computer environment is not allowed. The
American Indonesian Cultural and Educational Foundation, Inc., prohibits the
use of the Foundation trademark as a “hot” link on or to any other web site
unless establishment of such a link is approved in advance.
3. Inappropriate Materials and Submissions. You
are prohibited from posting or submitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any
material that could constitute or encourage conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise violate any
law. Such violations may subject the sender and/or the sender’s to civil and
criminal penalties. The Foundation will reject any submissions or postings
in which the Foundation believes, in its sole discretion, that any such
activities have occurred. You further understand and agree that sending
unsolicited e-mail advertisements to the web site or any user of the web
site or through voice computer systems is expressly prohibited by these
Terms and Conditions. Any such unauthorized use of our computer system is a
violation of these Terms and Conditions and applicable “anti-spam” laws. In
addition to any remedies that we may have at law or in equity, if we
determine, in our sole discretion, that you have violated or are likely to
violate the foregoing prohibitions, we may take any action we deem necessary
to cure or prevent the violation, including, without limitation, the
immediate removal of the related materials from this web site. We will fully
cooperate with any law enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity of anyone posting such
materials.
4. Framing This Web Site. Running or displaying
this web site or any information or material displayed on this web site in
frames or through similar means on another web site without our prior
written permission is prohibited. Any permitted links to this web site must
comply with all applicable laws, rules and regulations.
5. Third-Party Links. This web site may contain
links to web sites that are not owned, operated or controlled by the
Foundation. All such links are provided solely as a convenience to you. If
you use these links, you will leave this web site. We are not responsible
for any content, materials or other information located on or accessible
from any other web site, nor any products or services that you buy from that
web site or any donations made through that web site. We do not endorse,
guarantee or make any representations or warranties regarding any other web
sites, or any content, materials or other information located or accessible
from any other web sites, or the products or services that you may obtain
from using any other web sites or how any donations you make through such
web sites will be used. If you decide to access any other web sites linked
to or from this web site, you do so entirely at your own risk.
6. Access and Interference. You agree that you
will not use any robot, spider, scraper or other automated means to access
the web site for any purpose without our express written permission.
Additionally, you agree that you will not: (a) take any action, that, in our
sole discretion, imposes, or may impose an unreasonable or
disproportionately large load on our infrastructure; (b) interfere or
attempt to interfere with the proper working of the web site or any
activities conducted on the site; or (c) bypass any measures we may use to
prevent or restrict access to the web site.
7. Force Majeure. Neither the American Indonesian
Cultural and Educational Foundation, Inc., nor you shall be responsible for
damages or for delays or failures in performance resulting from acts or
occurrences beyond their reasonable control, including without limitation:
fire, lightning, explosion, power surge or failure, water, acts of God, war,
revolution, civil commotion or acts of civil or military authorities or
public enemies; any law, order, regulation, ordinance or requirement of any
government or legal body or any representative of any such government or
legal body; or labor unrest, including, without limitation, strikes,
slowdowns, picketing or boycotts; inability to secure raw materials,
transportation facilities, fuel or energy shortages, or acts or omissions of
other common carriers.
8. Disclaimers. Your use of this site is at your
risk. The information and materials provided on or through this web site are
provided “as is” without any warranties of any kind, including warranties of
fitness for a particular purpose or non-infringement of intellectual
property. The Foundation does not warrant the accuracy or completeness of
the information or materials provided on or through this web site. The
information and materials provided on or through this web site may be out of
date, and the Foundation does not make any commitment or assume any duty to
update such information and materials. The foregoing exclusions of implied
warranties do not apply to the extent prohibited by law. Please refer to
your local laws for any such prohibitions.
9. Limitations of Liability. The American
Indonesian Cultural and Educational Foundation, Inc., does not assume any
responsibility for, and will not be liable for, any damages to, or any
viruses that may infect your computer, telecommunication equipment or other
property caused by or arising from your access to, use of, or browsing this
web site, or your downloading of any information or materials from this web
site. We do not guarantee continuous, uninterrupted or secure access to our
web site, and operation of the web site may be interfered with by numerous
factors outside of our control. In no event will the Foundation, or any of
its officers, directors, members, agents, successors or assigns, nor any
party involved in the creation, production or transmission of this web site
be liable to you or anyone else for any indirect, special, punitive,
incidental or consequential damages (including, without limitation, those
resulting from lost profits, lost data or business interruption) arising out
of the use, inability to use, or the results of use of this web site, any
web sites linked to this web site, or the materials, information or services
contained on any or all such web sites, whether based on warranty, contract,
tort or any other legal theory and whether or not advised of the possibility
of such damages. You specifically acknowledge that the Foundation shall not
be liable for user submissions or the defamatory, offensive or illegal
conduct of any third party and that the risk of harm or damage from the
foregoing rests entirely with you. The foregoing limitations of liability do
not apply to the extent prohibited by law. Please refer to your local laws
for any such prohibitions.
In the event of any problem with this web site or any
content, you agree that your sole remedy is to cease using this web site. In
no event shall the Foundation’s total liability to you for all damages,
losses and causes of action whether in contract, tort (including, but not
limited to, negligence), or otherwise exceed twenty-five Dollars ($25.00).
10. Indemnity. You agree to defend, indemnify and
hold the American Indonesian Cultural and Educational Foundation, Inc.,
harmless from any and all liabilities, costs, and expenses, including
reasonable attorneys’ fees, related to or in connection with (a) the use of
the web site or the internet or your placement or transmission of any
message or information on this web site by you or your authorized users; (b)
your violation of any of these Terms and Conditions, including without
limitation, your breach of any of the representations and warranties above;
(c) your violation of any third-party right, including without limitation
any right of privacy, publicity rights or intellectual property rights; (d)
your violation of any law, rule or regulation of the United States or any
other country; (e) any claim or damages that arise as a result of any user
submission that you provide to the Foundation; or (f) any other party’s
access to and use of the web site with your unique username, password or
other appropriate security code.
11. Release. In the event that you have a dispute
with one or more other users of the web site, you release the American
Indonesian Cultural and Educational Foundation, Inc. (and our officers,
directors, members and agents) from claims, demands and damages (actual and
consequential) or every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
12. General. Any claim relating to, and the use
of, this web site and the materials contained herein is governed by the laws
of the State of New York. You consent to the exclusive jurisdiction of the
state and federal courts located in the City and County of New York. A
printed version of these Terms and Conditions will be admissible in judicial
and administrative proceedings based upon or relating to these Terms and
Conditions to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form.
If any provision of these Terms and Conditions is held to
be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that these Terms and
Conditions and all incorporated agreements may be automatically assigned by
the American Indonesian Cultural and Educational Foundation, Inc., in our
sold discretion.
13. Entire Agreement. These Terms and Conditions
are the entire agreement between the user and the American Indonesian
Cultural and Educational Foundation, Inc., and supersede any prior
understandings or agreements (written or oral).
14. Additional Assistance. If you do not
understand any of the foregoing Terms and Conditions or if you have any
questions or comments, we invite you to contact us at
info@aicef.org.
15. Copyright Notice. All web site design,
content, graphics, text selections, arrangements and all software are
copyright. ALL RIGHTS RESERVED.
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