Terms of Use - Indonesian Conservation

Your use of the www.konservasi-id website that incorporates these Terms of Use (“Website”), including the content and other materials (including but not limited to all trademarks, service marks, designs, text, graphics, images, information, data sets, software, methods, inventions, sound files, other files, and the selection and arrangement thereof) available on or through this Website (collectively, the “Materials”) are governed by these Terms of Use (“Terms”).

By accessing and continuing to use this Website, you acknowledge that you have read and agree to be bound by these Terms, which constitute a legal agreement (“Agreement”) between you and Konservasi Indonesia.

Changes to these Terms will be posted at this URL and will be effective upon posting. Your continued use of this Website following the posting of any changes, modifications, or amendments constitutes your agreement to them.

If you have any questions regarding these Terms, please contact Konservasi Indonesia at indonesia@konservasi-id.org.

1. USE OF MATERIALS

A. Proprietary Material

Unless otherwise stated on this Website, the Materials contained on this Website are the property of Konservasi Indonesia, its licensors, collaborating organizations, or its users and are protected by the copyright, trademark, and other intellectual property laws of the Government of Indonesia.

B. Application for Permit

Unless otherwise stated on the Website, regarding the Materials, or separate terms that apply to particular Materials, please contact us at indonesia@konservasi-id.org for permission to reproduce, modify, distribute, publicly display or use such Materials.

C. Downloadable Materials

Materials (except data sets) made available for public download on this Website may be used, reproduced, and distributed solely for non-profit purposes, subject to these Terms, provided that you do not modify the Materials and keep intact all copyright, trademark, and other proprietary notices contained in the Materials. In addition, you agree that this permission does not include permission to publicly display or perform any Materials or to make any derivative use of the Materials. The permission granted herein is revocable at any time, with or without cause.

D. Downloadable Data Sets; Online Data Access

The datasets available for downloading or public access on this Website are owned by the creators/owners of such datasets whose identities are included in the metadata of each dataset. Unless otherwise stated in separate terms and conditions of use, such datasets may be reproduced, distributed, or used to create and distribute derivative works, provided that:

the dataset is properly acknowledged to originate from the creator/owner of the dataset listed in the metadata;
the user informs the creator/owner of the dataset by email at the email address indicated in the metadata about the use of the dataset in publications or derivative works;
any digital object identifiers (DOIs) contained in the data set remain intact;
any modification to the original data set is clearly marked as a modification;
works substantially derived from such data set may be reproduced, distributed, or used to create and distribute derivative works under terms that are as stringent as or more stringent than the data use terms described in this section 1(d);
Each distribution of the dataset includes the following waiver of warranty: “This dataset is provided ‘as is’ and without warranty of any kind, either express or implied, whether of title, of accuracy, of non-infringement, of absence of errors, of fitness for purpose, or otherwise.”

E. Unauthorized Use

Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws and could result in criminal or civil penalties.

F. Use of Images

Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws and could result in criminal or civil penalties.

2. INTERACTIVE AREA

Konservasi Indonesia respects the intellectual property of others, and we ask our users to do the same. If you believe in good faith that content you own has been copied and accessed in a way that infringes your intellectual property rights, please report the following information to Konservasi Indonesia's Copyright Representative:

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right;
a description of the copyrighted work or other intellectual property that you believe has been infringed;
an explanation of where the material you believe is infringing is located on our Website;
your address, telephone number and email address;
a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The Indonesian Conservation Party for notification of copyright claims or other intellectual property infringement is as follows:

By email: indonesia@konservasi-id.org

3. COPYRIGHT COMPLAINTS

The Website may contain blogs, user-generated content, or other interactive areas or services (“Interactive Areas”) for you or other users to create, post, or store content, messages, materials, data, information, text, music, sound, photographs, video, graphics, code, or other objects or materials on the Website (“User Materials”). You are solely responsible for your use of such Interactive Areas, and use them at your own risk. By using the Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Website any of the following:

User Material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lascivious, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

User Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or otherwise gives rise to liability or violates any local, state, national or international law, including, without limitation, the laws of Indonesia;
User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Materials, you represent and warrant that you have the lawful right to reproduce, publicly use, publicly display, and distribute such User Materials;
User Materials that impersonate any person or entity or misrepresent your affiliation with a person or entity, and content that contains propaganda or other content that seeks to influence legislation;
Promotions, advertising, or solicitations; Any third party's personal information, including but not limited to addresses, telephone numbers, email addresses, Social Security numbers, and credit card numbers; Viruses, incomplete data, or other harmful, disruptive or destructive files; and
User Material that, in the sole judgment of Konservasi Indonesia, is objectionable or which restricts or inhibits any other person from using the Interactive Areas or the Website, or which may expose Konservasi Indonesia or its users to any harm or liability.

Konservasi Indonesia is not responsible for any statements or User Materials in the Interactive Areas. Although Konservasi Indonesia is not obligated to screen, edit, or monitor any User Materials posted in the Interactive Areas, Konservasi Indonesia reserves the right, and has absolute discretion, to remove, screen, or edit any User Materials posted or stored on the Website at any time and for any reason without notice. Any use of the Interactive Areas or any other portion of the Website in violation of the foregoing provisions will be considered a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

Konservasi Indonesia does not claim ownership of the User Materials. Unless otherwise stated, you grant Konservasi Indonesia a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Materials on or in connection with the Website and other Konservasi Indonesia promotional materials. You grant Konservasi Indonesia the right to use the name that you submit in connection with such User Materials. You represent and warrant that:

You own and control all of the rights to the User Materials you post, or you have the right to post such User Materials on the Website;
Such User Materials are accurate and not misleading; and
Your use and posting of any User Materials you provide does not violate these Terms and will not infringe the rights of or cause injury to any person or entity.

4. TRADEMARKS

The Konservasi Indonesia logotype and the name “Konservasi Indonesia”, as well as other product or service names or slogans contained in this Website are trademarks/service marks of Konservasi Indonesia and may not be used without prior written permission from Konservasi Indonesia or their respective owners.

5. LINKS

Any link to www.konservasi-id.org must not imply endorsement or approval by Konservasi Indonesia of any product, position, entity or individual, or portray Konservasi Indonesia in a false, misleading, derogatory or defamatory manner, and the linked site must not contain adult or unlawful material or any material that is offensive, harassing or otherwise objectionable.

This Website contains links to third party Websites (“Linked Websites”) that are not under the control of Konservasi Indonesia, and Konservasi Indonesia is not responsible for the content or links contained in such Linked Websites. Konservasi Indonesia does not intend any link on this Website to be a reference or endorsement of the provider of the Linked Website, or its products or services, and such links are provided for convenience only. Your use of the Linked Websites is at your own risk and subject to the terms and conditions of the provider of such Linked Websites.

6. PRIVACY

Please read Privacy Policyi us regarding information about how Konservasi Indonesia collects, uses, and discloses information related to the personal identity of its users.

7. DEACTIVATION OF SERVICES

You agree that Konservasi Indonesia has the right, but is not obligated, to take any of the following actions at Konservasi Indonesia's discretion at any time and for any reason without prior notice to you:

refuse, move, or remove any content available on or through this Website;
discontinue the Website or any services offered through the Website at any time without notice; and
sets out general guidelines and limitations regarding the use of this Website.

We may take any of the above actions for any lawful reason, as determined by Konservasi Indonesia in its sole discretion, including but not limited to:

violation of the Terms or any other agreement or guideline included therein;
requests from law enforcement agencies or other government agencies;
your application;
discontinuance or material modification of this Website (or any part thereof); and
unexpected technical or security issues or problems.

You agree that we shall not be liable to you or any third party for any of the above actions.

8. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE, THE SERVICES AND THE MATERIALS ON THIS WEBSITE (COLLECTIVELY REFERRED TO AS THE “SERVICES”) IS DONE AT YOUR OWN RISK AND ALL SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND.

KONSERVASI INDONESIA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS MATERIALS OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE APPROVED SOFTWARE TO DETECT AND REMOVE VIRUSES FROM ANY DOWNLOAD. KONSERVASI INDONESIA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCT, SERVICE, PROGRAM, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION BY KONSERVASI INDONESIA.

TO THE EXTENT PERMITTED BY LAW, KONSERVASI INDONESIA EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, TERMS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

9. DISCLAIMER OF LIABILITY

IN NO EVENT SHALL KONSERVASI INDONESIA, ITS LICENSORS, DIRECTORS, OFFICERS, AND EMPLOYEES BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, WHETHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR CORRUPTION OF DATA, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE SERVICES, MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR INCURRED BY USER RELIANCE ON INFORMATION OBTAINED FROM KONSERVASI INDONESIA, OR OTHERWISE RESULTING FROM ANY ERROR, OMISSION, INTERRUPTION, DELETION OF FILES OR EMAIL, CORRUPTION, DEFECT, VIRUS, DELAY IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

10. INDEMNITY

You agree to defend, indemnify, and hold harmless Konservasi Indonesia and its affiliates, service providers, licensors and their respective officers, directors, employees, and representatives (“Indemnified Parties”) from any claims, losses, or costs including attorneys’ fees, arising out of or in connection with your use of this Website or the Materials, any User Content you post, store, or otherwise transmit on or through this Website, or your use or inability to use this Website.

11. ENTIRE AGREEMENT

These Terms represent the entire agreement between you and Konservasi Indonesia with respect to the subject matter hereof. No action by Konservasi Indonesia, except an express written waiver, shall be deemed to be a waiver of any part of this agreement, and Konservasi Indonesia employees are not authorized to waive it orally.

12. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the Government of Indonesia, without regard to its conflict of laws principles. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Indonesia, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.