PT. Sribu Digital Kreatif ("Sribu" or "We") welcomes you ("User" or "Client") to use our website at www.53mm.icu (the "Site"). References to the Site are deemed to include derivatives thereof, including but not necessarily limited to mobile websites and applications. The Terms of Service –as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online customer service requests or otherwise. By accessing, browsing and using the Site and/or by participating into the Competition through the Site, you acknowledge and agree having read, understood and agreed to the Terms of Service.
If you do not agree to this Terms of Service, please stop using the Site immediately.
We provides online service which related with selling, purchasing and design suply ("Service"), in accordance with and as stipulated in terms and conditions in this Terms of Service, wherein:
'Designer' is a designer who can participate in the design competition ("Competition") in accordance with the provisions laid down further by us on the Designer Code of Conducts.
'Client' is a client or customer of the site who can purchase or receive a product and services provided under the Site, as stipulated in this Terms of Service.
'Site' is www.53mm.icu which created for the purpose of becoming an intermediary or media to unite the Client and the Designer that provide an independent service provider of the needs Clients and Designers.
Client as a user of the Service, may use the Service in its capacity as per the terms and conditions set forth in these Terms of Service, which will automatically has effect at the moment you enrolled yourself.
General provisions manufacture User Account:
You have to make a User Account in order to use the Site;
User Accounts can be created by following the signing up procedure, or any other method which specified within the Site from time to time;
You can use the User Account to log in to the site, manage you personal information, use the Service, and manage the other detail within the Site;
You hereby declare agreed to maintain the confidentiality and security of the User Account and/or password used to access your account;
You hereby represent and warrant that all information which given to the Site during the signing up process of the User Account are true, correct and accountable to every detail;
You hereby agree to use only one User Account;
You hereby agree to provide us your identification documents (including copies and/or a scanned version of the passport, ID card and/or driver's license) which we may request from time to time for identity verification purpose;
By creating a User Account, you hereby represents and warrants that you are at least 21 (twenty one) years old, and are able to make a legally binding agreement in accordance with the applicable law.
The provisions referred to in (h) also applied in the case as the owner of the User Account that gives authority to another party;
If the Service is used by a representative of a party or a company, the company shall be bound to bound to this Agreement. The aforementioned Company shall be responsible for all of the representative actions. You must guarantee to the Site by showing the Power of Attorney from the company, that you have the full authority to enter into this Agreement on behalf the company.
Use of User Accounts in the Site
You agree to use the User Account on the Site solely for your use of the Service, and not for any other purpose. When using the User Account and accessing the Site, you hereby warrant Us that you will not not conduct actions included but not limited to:
resell or sublicense the User Account to another party, except as stated in Article 2.1 point (i) and (j) of this Agreement;
using the User Accounts to promote the services offered by our competitor without prior written consent from Us;
using the User Accounts to perform an illegal manner, cheating, and/or send electronic mail and/or other content that is offensive, harassing, defamatory, libelous, disturbing the peace, threatening, triggering danger, vulgar, create conflict SARA (Tribe, Religion, Race and Inter-group issue), and/or other things that is inappropriate and not in accordance with the norms of decency, and/or violate the laws and regulations of Indonesia;
using the User Accounts to spy on or harass another person;
using the User Accounts to imitate other people in any way;
using the User Accounts to violate copyrights, trademarks, service marks, patent, design industry, and/or other intellectual property right of another party without rights;
using the User Accounts to send advertisements, chained letters, spam, and/or any other type of unwanted email;
forge or alter the header or address information contained in any email or any form of communication which the user of the Site uses as correspondence within the Site or related with the usage of the Service;
using the User Accounts to transmit or distribute a virus, spyware, malware or other potentially hamful, disruptive, or destructive files;
using the Users Account in ways that can cause damage and loss to us, and/or block other user to access the site;
intentionally or recklessly use the User Account in any way that degrades our performance or services to other users;
cancel any Design Competition and/or other sale or purchase of a Design with the intention to enter into a separate contract with the Designer or Customer whom encountered or introduced through the Site which cause payment refusal to the Site either to fulfill the Customer payment or tariff and other expenses which should be paid to us. Therefore, without limiting the solution offering to the users, We are entitled to recover its lost expenses and income or the Customer payment and disable the User Account of the related user.
Design request must be in accordance to the provisions of the Agreement and the Clients Code of Conduct;
Once the Clients selects a winning design in Design Competition, Clients and Designers can create Transfer of Intellectual Property Rights Agreement separate from this Agreement. We will facilitate Client who wishes to have Transfer of Intellectual Property Rights Agreement with designer by communicating it with the Designer.
Unless explicitly stated, then we are not bound by the Third Party Transfer of Intellectual Property Rights Agreement, and does not have responsibility and liability whatsoever in accordance with the performance or failure of cooperation by Client and Designer, which is arranged in chapters that contained in the separate agreement
When You buy a design, You are obligated to pay us the total amount in accordance to the chosen package ("Client Payment"), which consists of:
rates and charges for the use of Our Services;
rates and fees charged by Our third party partners, in relation with the Design Competition and other supporting services;
any government withholding tax that may be imposed due to the submission of design;
any other tax that may be imposed due to the delivery of products and/or other services provided within Our Site; and
other expenses (if any).
The total amount of payment shall be determined in accordance with the choice made and confirmed by the issuance of our 'Design Invoice' upon Client's request in conducting a Design Competition.
If you choose more than one design, on top of a winning design in Design Competition, then you shall pay another additional charges which comprise of:
The total fee of selected Designs (other than the Wining Design, each having the same price, and
Other service fee imposed within the Site (the amount may be amended from time to time).
You agree to not be bound by any agreement or arrangement with the designer, whether to pay any additional amount for the cost of the Design, or to settle any Design provision separately outside our Site.
Methods of payment. Payment can be paid through bank transfer to the designated bank account.
Designers costs. If the Client chooses to purchase the Design through a Design Competition, then we will pay the Designer the "Designers Fee".
Position. We do not provide representation services, and do not have any power of attorney on behalf of another party. All funds deposited or paid shall be our perogrative right, and we entitled to use the funds as we deem fit.
Taxes. You agree to bear the responsiblity for all sort of government withholding tax due to the transaction within the Site, in accordance with the prevailing regulation. In this case, We are not going to collect, pay, report, charge, or deduct in on your behalf.
Method of Transaction is as follows:
You request a certain design and pick a package on the Site, where we will issue an invoice of the nominal to be paid by the Client;
You shall transfer in accordance with the nominal mentioned in the point (a) of this clause to the designated account as stated within the Site;
Once the payment is made, you shall send payment confirmation to us through email;
We will check the aforementioned confirmation sent by the Client, and if we have confirmed that the payment has been made and transferred in the correct amount, then within 12 (twelve) hours time of the receipt of confirmation, We shall begin the Design Competition;
Design Competition will be held for 7 (seven) days time period or within the time period as agreed between us with you;
Within the period referred in the point (e) of this article, You are entitled to use of Money Back Guarentee Service on the whole category of design if You only get less than 15 (fifteen) designs per contest AND no preferred design, in which You has the right to use service features Money Back Guarantee
You must determine the winner on the design are included in the Design Competition within a maximum period of 1 (one) week from the end of Design Competition. There will only be one (1) winner, except you want more than 1 (one) winner and has paid the costs related to the provision regarding the selection of more than 1 (one) winner to us;
If after the expiration of one (1) week from the end of Design Competition, you have not yet determined the winner, then we will set a 4 (four) winners in our sole discretion and will inform the decision. You must choose a winner of the 4 (four) candidates. In the event where the 1 (one) week time period has past and you still have not determine a winner, then your right on the Design will automatically revoked and Will be distributed to 4 (four) designated winners.
The Refund Process. In the event where we notify you regarding the refund, it will be done using the same payment method you use in accordance with the stipulation mentioned in Clause 4.2 of this Agreement, or through other payment method which stated within the Site from time to time
Other Requirements. We will refund the amount paid by the Client in regards with the Design Competition, if
meet the requirements outlined by Money Back Guarantee provisions; or
according to our opinion, the refund may be necessary in order to avoid the re-billing by the bank/credit card;
you were making a double or more payment to Us.
Our decision regarding the refund as stated in Article 5 of this Agreement shall be final and binding
Not withstanding with our rights under this Agreement, we may suspend or stop the User Account and the right to use the Service at any time for whatever reason, in sole and absolute discresion, including but not limited to:
We assume that you have violated any of the obligations towards Us as stipulated based on this Agreement and/or breach one of the stipulation of this Agreement;
We assume that you are using the User Accounts in bad faith;
You use the User Account or services as a means to commit illegal acts or fraud, or in a way that we consider as offensive, unlawful, harassing, libelous, defamatory, disturbing the peace, abusive, threatening, harmful, vulgar, obscene, inappropriate, and/or might create SARA (Tribe, Religion, and Inter-group) conflict;
According to our sole and absolute discresion, granting the access to the Service to you may cause the overburden to the server, and/or our other services;
According to our sole and absolute discresion, you are performing actions against the law and/or perform actions that harm us;
If we decide to suspend your User Account and the right to use your services, thus the termination of this Agreement, and we agree to waive the provisions of Article 1267 of the KUHPerdata regarding the termination of the Agreement.
You agree that:
We may suspend the Services in accordance with the stipulation set forth in Article 6.1 of the Agreement at any time by certain considerations;
Termination Services can be applied to some parts and/or for the entire services, within a specified or indefinite period, and
We may, in our sole discretion, re-activate the User Account and the Service to you at any time after our termination.
We may ask for your personal information, including but not limited to name, contact information and/or financial information. All personal information will be handled, used, maintained and kept confidential in accordance with applicable law.
You agree to use the personal information of other party obtained from the Site or the use of our Services, for the purpose of interacting with them in regards with the Service, unless there has been a separate agreement between the related party.
You hereby represent and warrant to Us and Our partners that you will comply to all prevailing laws related to confidentiality.
The obligation to keep the confidentiality of the information of the disclosing party in relation to this Agreement is for 3 (three) years as of the date of the disclosure by its owners
You shall be responsible for all risks and consequences arising from errors and/or negligence in fulfilling the stipulation of this Clause.
We are an independent service provider and nothing contained in this Agreement shall be deemed to constitute you or us as a partner, employee, agent of the other, except as otherwise herein provided. You have no right to bind us in connection with your obligation between the Users.
You hereby agree that:
You will not use the Service for illegal purposes, and/or fraud, and/or for any purpose other than the usage as a Client of the Service;
You will comply with all laws and regulations applicable in Indonesia in regards with the service or suppl or sale or purchase of a design;
You must comply with all Indonesia Intellectual Property Rights laws and regulations;
You hereby represent and warrant to hold and defend harmless Us against and towards all kind of an unlawful position and/or any obligation with a Third Party;
You will not take action and /or any omissions which cause defamation of us or our partners;
You will not use the Services in a manner as defined in Section 2.2 of Agreement;
You will provide all information which we request and we required in order to provide the services;
You will not vote, whether by online or public (either via the Site or other site) with respect to the design which is not a work of the Designer in the capacity as a designer, or a party who purchase with respect to the capacity as the Client;
You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written consent from Us; and
You are not allowed to:
Taking any action that hinder or potentially hinder (according to our consideration) Us;
Copying, reproducing, modifing, creating derivative works, distributing or publicly displaying any content (except for the content or design which has not been sent to the Site) of the Site without our written consent and/or other partners (as applicable);
Harassing, interfering, misusing or abusing the custormer service provided within the Site in any form;
Interfere or attempt to interrupt the normal function of the Site or other activities conducted by Us; and
Blocking the measures which used by us in order to prevent or restrict access to the Site or the User Account of the Users.
This Agreement shall be automatically efeective and binding when you are finished creating the User Account on the Site, and ends when:
User Account is suspended or closed, or
You stop using the Service, or
You do not agree to the changes the Terms and Conditions We propose in future.
Upon termination of this Agreement We reserve the right to terminate the Services to the related User.
Rights and Obligations of the Parties under Article 3, 4, 5, 7, 9, 10, 11, 12, 13 and 14 of the Agreement shall remain in force even though after this Agreement is terminated
You hereby declare to understand and to acknowledge that we and our partners never guarantee that the provision of Services will be error free.
You hereby agree that we and our partners will not be responsible or bear any liability for any failure or delay in providing the Services, or in connection with the fulfillment of the obligation based on this Agreement, where the failure or delay occurs as direct or indirect result of:
Force majeure events including but not limited to: fires, earthquakes, storms, floods, hurricanes, severe weather or other natural disaster, war, terrorism, explosion, sabotage, accidents, labor strikes, and/or policy of the Government;
Telecommunications failure, hardware failure and/or software failure provided by a Third Party to function in accordance with the specifications;
Significant rising of service request above normal demand, which resulted failure normal function of the software and hardware;
Failure of a Third Party (including but not limited to banks and/or other financial institutions) to fulfill obligations with respect to the transactions or refund set forth in this Agreement, or
Circumstances or other events similar to the abovementioned, which are beyond our control.
You hereby acknowledge and agree that we and partners shall not be held liabile or responsibile for any risks, losses, costs and/or expenses arrising from:
Each of the events mentioned in Article 11.2 of this Agreement, or
The use of or unauthorized access by using the User Accounts or Accounts Us.
You hereby acknowledge and agree that we and our partners have never and will never make, whether express or implied representations and warranties in connection with the services or products and/or other services provided within the Site, except the warranties which clearly stated in this Agreement and that the Services is provided as is. In accordance with clause 11.7 of this Agreement, any implied terms contained in this Agreement, including but not limited to the condition or warranty, is hereby excluded.
You hereby agree that we and our partners will not be responsible for any Third Party damage, loss, or loss of indirect, special, incidental, or consequential damages including but not limited to lost profits, contracts, revenue, data arising out of or in connection with the provision of services or products and/or other services that are governed by the Agreement.
You hereby understand and agree that our reimburse for the direct losses caused by our error, will only regarding:
Your payment which has been paid for Our Services, or
The total of design fee that is received by the designer.
All terms and conditions herein, which limit or exclude a term, any conditions and terms, either express or implied, nor any of our responsibility, shall apply to the extent which permitted by law. Each and every waiver towards a breach shall not be interpreted as a waiver towards the next or following breach including the waiver towards its legal actions.
User shall borne the loss incurred by Sribu, including but not limited to Our agents, officers, employees, and partners ("Compensation") in relation to all losses, costs, expenses, loss or damage (including legal fees in full amount reimbursement) where the Compensation is a result from:
Any violation by you regarding any representation, condition or stipulation contained in this Agreement;
Every act and/or omission by You pursuant to Article 6.1 of this Agreement;
Any violation by you for their obligation to the Third Party, including the other Clients or Designers;
Any breach of Third Party's Intellectual Property Rights, including regarding with the work of third parties; and
Any claims and/or lawsuits that threaten or directed to Us by Third Party as a result of the conditions described in Article 12 paragraph (a) to (d) above.
You hereby acknowledge that Sribu is the owner of all Intellectual Property Rights attached to the User Account of the You and all the attributes of Sribu (except the Design of the Designer). You hereby acknowledge that You have no right regarding the intellectual property right of the User Account or any attributes of Sribu, so You will not register that Rights under the Directorate General of Intellectual Property Rights in any country.
You acknowledge and understand that the ownership of the Intellectual Property Rights of any design will be determined in a separate Intellectual Property Rights Transfer Agreement.
You provide a valid license throughout the worldwide, on an ongoing basis, irrevocable and royalty-free to Us for:
Use a design that was sent to you to be displayed in Sribu or Our other promotional purposes, and
Distribute and display the design that was sent to you through Sribu (either through the site or by other means).
You acknowledge and agree that:
We do not act as a moderator or referee regarding the claim between you or with third party that the design or other content which is sent to the Ste violates your Intellectual Property Rights or other Third Party;
We do not guarantee or represent to conduct an investigation or review related to whether or not the existing design provided by the Designer have violated Third Party's Intellectual Property Rights. You shall be responsible to conduct the investigation with respect to the matters mentioned above;
We will not be responsible for any Intellectual Property Rights violations committed by each designer owned by Third Parties for Our design, service or other use;
We have the right to withdraw all of the content, the work of the designer or design on the Site, if We consider that there is a violation of Third Party Intellectual Property Rights;
We will not be responsible for any violations committed by any party, related to plagiarism and/or imitation of belonging Design Designers which submitted to the Site.
In order to avoid the undesired matters, you are obliged to register the Intellectual Property Rights contained in the Design bought the Director General of Intellectual Property Rights, on your own initiative and expenses.
We may change the terms and provisions of this Agreement by inform you in advance via the Site. If you do not agree with the proposed changes then you cannot use our Services and this Agreement is automatically ended and your User Account will be deleted. You hereby agree and understand that you will observe and read all the terms and conditions or this Agreement periodically due to all the possible changes notification that might happen.
You hereby agree that we may use the logo or attribute of the User (if any) as a means to promote the Services and the Site to public.
Any notice specified based on this Agreement will be in writing. A notice is considered accepted if:
In the event where the notice sents by facsimile, upon receipt of reports of transmission by the sender's facsimile machine which confirms that the facsimile was successfully transmitted;
In the event where the notification is made by statement placed within the Site or the page where the Terms and Conditions is stated; or;
In the event where the notification sent via email, upon confirmation of receipt is received by the sender or recipient email server that the email was received by the recipient.
This Agreement supersedes all representations, arrangements, oral and written communication, advertisement, agreement and previous understanding between We and You, constitutes the entire agreement and understanding between We and You.
The stipulation regarding the rights made under this Agreement cannot be waived, unless approved otherwise by us. No single or partial action taken by any party, on the basis of the rights, power or any law enforcement efforts based on this Agreement, which can preclude other action or related follow-up, or on the basis of the rights, powers or different legal effort. The rights, powers or law enforcement efforts which contained in this Agreement are cumulative with and not exclusive of any rights, powers or legal effortwhich provided independently of this Agreement.
In the event there is any stipulation of this Agreement is considered or deemed invalid, impaired or unenforceable for any reason by a competent court, such impaired or invalid clause shall not affect the implementation or interpretation of other stipulations within this Agreement, where the invalid or unenforceable stipulation shall be amended in accordance with the original intention of this Agreement to the extend that the prevailing regulations allow.
We are entitled to transfer our rights or obligation which might arises from this Agreement without prior notice. You are prohibited from assigning their right and obligation under this Agreement without our written consent.
This Agreement is stipulated by, and shall be construed in accordance with the laws of Indonesia and the parties within may not withdraw their voluntary participation to this Agreement. In the event of any Disputes in the interpretation and implementation of this Agreement, the Indonesian language version shall prevail
You hereby agree that each and every dispute, discrepancy, arguments,and/or issue arises in relation to the transaction within the Site or this Agreement ("Disputes") shall be resolved through the mediation. If within 3 (three) months the disputing parties cannot resolve the dispute, the parties concerned may file a dispute settlement at the Indonesian National Arbitration Board (BANI) in Jakarta in accordance with the BANI and Indonesia rules applicable. You hereby agree that the decision of BANI shall be final and binding.