These Website Terms of Service (these "Terms of Service") are entered into between PT Jakarta Hubtech Operations, and its affiliates and subsidiaries (collectively, "we", "our", or "Hubster") and you, or if you represent an entity or other organization, then such entity or organization (in each case, "you" or "Yours" ”). These Terms of Service govern your use of the website linked to these Terms of Service ("Website") and offer users ("Users") the ability to access certain content on the Website ("Content"). These Terms of Service apply to the Website and Content, regardless of the website you use to access or use the Website and Content.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE WEBSITE AND CONTENT, YOU AGREE THAT YOU HAVE READ AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, HUBSTER IS NOT WILLING TO PROVIDE YOU WITH, ACCESS TO OR USE OF, THE WEBSITE AND CONTENT, AND YOU MAY NOT ACCESS OR USE THE WEBSITE AND CONTENT. These Terms of Service include the following terms and conditions and the privacy policy contained in the www.hubster.co.id/privacy ("Privacy Policy") relating to the Website. You are responsible for complying with these Terms of Service (including the Privacy Policy). Unless You subsequently enter into any other agreement with Hubster regarding the Website and Content, these Terms of Service constitute an entire and exclusive agreement between You and Hubster regarding Your access to and use of the Website and Content. These Terms of Service supersede any prior agreements or proposals, orally or written, and other communications between You and Hubster in connection with Your use of the Website and Content as a User of the Website.
1. DEFINITIONS. The terms used in these Terms of Service have definitions given in these Terms of Service or, if not defined in these Terms of Service, have a simple meaning that is generally interpreted in Indonesia. References to our affiliates include our parent company, our subsidiaries, and other subsidiaries of our parent company.
2. TIMEFRAME. These Terms of Service are signed on the earliest date from the time you first access or use the Website and Content and will continue until terminated as set forth in these Terms of Service.
3. MODIFICATIONS. Hubster reserves the right, at any time, to modify the Website and Content, with or without notice to You, by making such modifications available on the Website. Hubster also reserves the right, at any time, to modify these Terms of Service. Hubster will notify You of any changes to these Terms of Service by posting such changes on the Website or by providing notice to You through the Website. Any modifications will be effective immediately upon posting on the Website or the delivery of such notice through the Website, and you will be deemed to have agreed to any and all modifications through your continued use of the Website and Content after such notice period. You may terminate these Terms of Service as set forth below if you object to any such modifications.
4. ACCESS.
4.1 Limited Access. This Website is unavailable or not intended for children under the age of 21. You may only use this Website if you are at least 21 years of age. By using this Website, you represent that you are at least 21 years of age. We reserve the right to exclude and deny access to anyone we believe in our absolute discretion not to be at least 21 years of age.
4.2 Against the Website. Subject to Your compliance with these Terms of Service, Hubster will permit You to access and use the Website and Content solely for lawful purposes and only in accordance with these Terms of Service and any other agreements You enter into with Hubster prior to being granted access to any specific aspects of the Website. Any additional agreements are in addition to these Terms of Service and will govern your use of the parts of the Website to which the supplemental agreements apply in the event of a conflict between the provisions of these Terms of Service and the additional agreements.
5. THIRD-PARTY CONTENT AND SERVICES.
5.1 Content. Unless otherwise stated on the Website, all Content available through the Website or Content, including all text, audio, video, photographs, illustrations, graphics, testimonials, and other media, is owned or licensed by Hubster or other third party providers. All Content provided is for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and enforceability of all Content and for your use of any Content. Hubster does not verify the accuracy of, and will not be liable for any errors or omissions in any Content. Hubster makes no warranty as to the accuracy, recency, suitability, or quality of any Content. Except as set forth in these Terms of Service, you are not granted any license or other right to or to any Content, or any IPR (as defined in Section 9 below) over or relating to the Content. If you wish to use any Content in a manner not permitted by these Terms of Service, please contact Hubster at the hello@tryhubster.com.
5.2 Against Third Party Services. The Website may give you the option to access certain services developed, provided, or maintained by other third-party service providers ("Third Party Services"). In addition to these Terms of Service, your access to and use of any Third Party Services is also subject to any other agreements you may agree to before you are granted access to such Third Party Services (respectively, a "Third Party Service Agreement"). The terms of any Third Party Services Agreement (which may include payment of fees) will apply to the applicable Third Party Services, but will not apply to any other services you may access through the Website. Except as provided in these Terms of Service, with respect to each Third Party Service, the terms of any Third Party Service Agreement will prevail in the event of any conflict between these Terms of Service and such Third Party Service Agreement.
6. TERMINATION. These Terms of Service may be terminated by either party at any time, in that party's sole discretion upon notice to the other party as permitted under these Terms of Service. Unless otherwise stated in these Terms of Service, upon termination or expiration of these Terms of Service for any reason: (1) all rights and subscriptions granted to you under these Terms of Service will terminate; and (2) you will immediately terminate all use of and access to the Website and all Content and services (including, without limitation, all Content that you have obtained prior to termination). The sections titled Definition, Termination, Suspension, Third Party Content and Services, Website Technology, Ownership, Representations and Warranties, Indemnity, Limitation of Liability, Data Privacy, Feedback, Disputes, Governing Law, Notices, Related Sites, and Additional Terms will survive any expiration or termination of these Terms of Service. You and Hubster agree to waive Article 1266 of the Indonesian Civil Code, so that a court or arbitration award is not required to terminate under this provision.
7. SUSPENSION. Without limiting Hubster's right to terminate these Terms of Service, Hubster may also suspend Your access to the Website or any Content, with or without notice to You, for any actual, threatening or suspected breach of these Terms of Service or applicable law or for any other action Hubster deems to be, in its sole discretion, inappropriate or detrimental to the Website, Hubster, or any User or other third party.
8. WEBSITE TECHNOLOGY. The Website, Content, and any databases, software, hardware and other technologies used by or on behalf of Hubster to operate the Website, and the structure, organization, and underlying data, information and software code of such Website (collectively the "Technology"), constitute Hubster's valuable trade secrets. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly set forth in the Terms of Service; (2) use the Technology in any unlawful manner or in any other way that could damage, disable, overburden, or interfere with the Technology; (3) use automated scripts to collect information from or in any other way of interacting with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, borrow, lease, license, sublicense, or otherwise transfer any of your rights to access or use the Technology or otherwise provide the Technology to any third party; (6) reverse engineer, disassemble, disassemble the array, or otherwise attempt to degrade the technology's operating methods; (7) attempt to circumvent or address any technological protective measures intended to restrict access to any part of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or control of the Technology.
9. OWNERSHIP. Hubster retains all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, privacy rights, and any and all other legal rights that protect data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patents, moral rights, sui generis rights to the database, and contractual rights ("IPR"), in and to the Technology as well as any additions, upgrades, updates, and modifications. You do not accept any ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, other than your ability to access the Website and Content under these Terms of Service. Hubster's product and service names, logos and all names associated with the Website and Content are trademarks of Hubster and its licensors and third party providers and you are not granted any right or license to use them.
10. REPRESENTATIONS AND WARRANTIES.
10.1 Together. Each party hereby represents and warrants to the other party that: (a) such party has the legal right and authority to agree to these Terms of Service; (b) these Terms of Service constitute a binding legal obligation on behalf of such party; and (c) such party has the legal right and authority to perform its obligations under these Terms of Service and to grant the rights and licenses described in these Terms of Service.
10.2 Compliance with Laws. You acknowledge that the Website is a general purpose online service and is not specifically designed to facilitate compliance with any particular law. You represent and warrant to Hubster that Your use of and access to the Website, including any Third Party Services, will be subject to all applicable laws, rules or regulations ("Laws") and will not result in Hubster or any other third party breaching any applicable Laws. You shall conduct your own independent investigation and assessment with respect to any services available or to be offered including any information you obtain from this Website. Hubster is not responsible for notifying You of any such Laws, enabling Your compliance with any such Laws, or for Your failure to comply with them. You agree that you will not use this Website to disseminate any information that is untrue, inaccurate or misleading; upload any viruses or malicious code; engage in conduct that is defamatory, obscene, indecent, threatening, or harassing; request login information, access protected data or intercept personal information held by other parties; or use this Website or its content in connection with unsolicited commercial messages.
10.3 Except as required by law, we have no supervisory duties with respect to any Website, Content, or any information or material accessible from it. In many cases, information accessible from the Website may be placed by third parties. We cannot guarantee the accuracy of any content provided by such third parties including on any blogs, social media pages, or similar formats that we may manage from time to time.
10.4 No representations made on this Website constitute our endorsement of any third party, unless otherwise specifically mentioned by us, or where required by law and you acknowledge that we are not and may not be in a position to verify the accuracy of the statements provided to us by third parties.
10.5 No Warranties; Denial.
10.5.1 THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". HUBSTER DOES NOT WARRANT OR ASSUME THE ACCURACY, COMPLETENESS, ADEQUACY, OR NOVELTY OF THE WEBSITE, CONTENT, OR PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE AND DOES NOT ENDORSE ANY PRODUCTS, SERVICES, VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR DATA, INFORMATION OR OTHER THIRD PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE WEBSITE. HUBSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, CONTENT, SERVICES, AND OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUBSTER, ITS EMPLOYEES, OR SERVICE PROVIDERS SHALL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
10.5.2 HUBSTER DOES NOT WARRANT THAT (a) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (b) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES YOU OBTAIN THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (e) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY CONTENT OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5.3 THE PROVISIONS MENTIONED EARLIER IN SECTIONS 10.5.1 AND 10.5.2 SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. INDEMNIFICATION. You hereby agree to indemnify, defend and hold harmless Hubster and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors (the "Indemnified Parties") from any and all claims, losses, liabilities, damages, service rewards, expenses, and expenses (including attorneys' compensation, court costs, court costs, award of indemnification, and settlement amount) resulting from any claim or allegation ("Claim") against any Indemnified Party arising in any way from: (1) your access to or use of the Website, or any Content; (2) the collection and disclosure of any Content, (3) your violation of applicable Law; and (4) your breach of any representations, warranties, or other provisions of these Terms of Service or the Third Party Services Agreement. Hubster will use reasonable efforts to provide you with notice of any such claim or allegation, and Hubster will be entitled to participate in the defense of such claim at its own expense.
12. LIMITATION OF LIABILITY. HUBSTER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, EXPRESS LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR FROM ACCESS TO OR USE OF THE WEBSITE AND CONTENT, EVEN IF HUBSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF CONTENT, OPPORTUNITY, REVENUE, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF YOUR SUBSTITUTE CONTENT, GOODS OR SERVICES. HUBSTER'S ENTIRE CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE AND ALL CONTENT PROVIDED UNDER THESE TERMS OF SERVICE OR THROUGH THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED IDR 10,000. YOU AGREE THAT HUBSTER WILL NOT SIGN THESE TERMS OF SERVICE WITHOUT LIMITATION TO THIS LIABILITY. IN THOSE JURISDICTIONS WHERE THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES IS NOT PERMITTED, HUBSTER'S LIABILITY IS LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW.
13. DATA PRIVACY. You expressly consent to the use and disclosure of Your personally identifiable information and other data and information as described in Hubster's Privacy Policy. Notwithstanding anything in the Privacy Policy, Hubster will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as its source) resulting from Your access to and use of the Website or Content. To the extent any such non-personally identifiable data or information is collected or generated by Hubster, such data and information shall be wholly owned by Hubster and may be used by Hubster for any lawful business purpose without any calculation duties to You, provided that such data and information are only used in an aggregated form, without directly identifying you or any other entity or natural person as the source of such data and information.
14. INPUT. If You provide hubster with any feedback or proposal regarding the Website and Content ("Feedback"), You hereby assign to Hubster the entire right to feedback and agree that Hubster has the right to use such Feedback and related information in any manner it deems appropriate without any calculation task to You. Hubster will treat any Feedback You provide to Hubster as non-confidential and non-proprietary. You agree that You will not submit to Hubster any information or ideas that You consider to be confidential or proprietary.
15. DISPUTES. The parties will seek to resolve all disputes, controversies, or claims arising out of, of, or relating to these Terms of Service, including the establishment, validity, binding enforceability, interpretation, performance, breach or termination, of these Terms of Service and the arbitrative aspects of the matter submitted to arbitration under this Agreement and noncontractual claims relating to these Terms of Service (each a "Dispute" "), in accordance with the ordinances contained in this Section. If any Dispute cannot be resolved through negotiations between the parties within five calendar days of notification from either party to the other party to the Dispute, then the Dispute will be resolved finally through binding arbitration from the Indonesian National Arbitration Board ("BANI"), established in 1977 and currently located at Wahana Graha, 2nd Floor, Jalan Mampang Prapatan No. 2, Jakarta 12760, in accordance with bani ordinance regulations ("Rules"). Either party may initiate an arbitration by submitting a request for arbitration as set out in the Rules. The arbitration shall take place before a neutral sole arbitrator selected by agreement of the parties. If the parties are unable to agree on the appointment of a sole arbitrator within 30 calendar days after one of the parties to these Terms of Service submits a request for arbitration, a neutral arbitrator shall be selected as set forth in the Rules. The arbitration shall be conducted in english or Indonesian as mutually agreed between the parties at a place designated by Hubster in Indonesia. The arbitrator's award shall constitute the parties' exclusive remedy for all claims, counterclaims, issues, or calculations brought or pleaded with the arbitrator. The arbitrator's award shall require that the payment of costs, rewards, and expenses incurred by the prevailing party in each such arbitration be borne by the non-winning party.
The parties have no right to appeal or reject any arbitrator's award. Neither party has the right to initiate or defend any lawsuit or proceeding regarding a dispute under these Terms of Service until such dispute has been decided in accordance with the arbitration procedure set forth in these Terms of Service, and then only to enforce or facilitate the execution of the arbitrator's award. A court award on an arbitral award may be filed in any court or governmental body having jurisdiction over the arbitral award. Any additional costs, rewards, or expenses incurred in imposing a coercive arbitral award may be charged to the party who refuses its enforceability by force. Nothing in this Section 15 shall preclude either party from seeking an interim equitable award (including a court decision) in any court or on any governing body having competent jurisdiction. The parties agreed to set aside Article 48 paragraph (1) of Law of the Republic of Indonesia 30 of 1999 on Arbitration and Alternative Dispute Resolution ("Arbitration Law"), so that the arbitrator's mandate must be valid until a final arbitral award is issued. With respect to the implementation of Article 56 paragraph (1) of the Arbitration Law, the parties expressly agree that the arbitrator shall be bound entirely by strict laws and regulations in his decision-making and shall not render an award ex aequo et bono.
The prevailing party in any Dispute proceedings arising out of or relating to these Terms of Service shall be entitled to receive its fees, expert witness fees, and reasonable attorneys' fees.
16. GOVERNING LAW. The interpretation of the rights and obligations of the parties under these Terms of Service, including, to the extent applicable, any negotiation, arbitration, or other legal proceedings under these Terms of Service, shall be governed in all respects exclusively under the laws of Indonesia.
17. NOTICES. Unless otherwise set forth in these Terms of Service, any notice required or permitted under these Terms of Service will be given to Hubster by postal mail to Hubster's address located on the Website. Hubster may provide You with any notice required or permitted under these Terms of Service by sending an email to the email address You provided to Hubster, provided that in the event that notice applies to You and other Users of the Website, Hubster may, instead, provide such notice by posting it on the Website. Notice given to Hubster shall be deemed to have been given when it has actually been received by Hubster. Notice given to you shall be deemed to have been given 24 hours after the upload on the Website or emailing, unless (in relation to email) the sending party is notified that the email address is invalid.
18. RELATED SITES. The Website and Content may contain links to third party sites or content that are not within Hubster's control. If You access a site or third party content through the Website, you do so at Your own risk and Hubster is not responsible for any content on any linked site. You may post a link to the Website, provided that it does not represent or imply sponsorship or endorsement of Your site by Hubster or any group or individual affiliated with Hubster. You may not use within your site any Content or tags that appear on the Website in creating links. You may not frame or otherwise incorporate other content or material on the Website into another site without prior written consent.
19. ADDITIONAL TERMS. Unless amended, these Terms of Service will exclusively govern your access to and use of the Website and Content, and constitute a comprehensive and exclusive understanding and agreement between the parties, and supersede any other proposals, agreements or communications whether oral or written between the parties, regarding your access to and use of the Website and Content. All submissions by Hubster under these Terms of Service must be made in writing or subsequently acknowledged by Hubster in writing. Any waiver or failure by Hubster to force force any provision of these Terms of Service on an occasion shall not be deemed a waiver by Hubster of any other provision or of such provision on any other occasion. If any provision of these Terms of Service is held to be unenforceable, such provision will be deleted to the extent necessary to comply with the law, replaced by a provision closest to the original intent and the economic impact of the original intent to the extent in accordance with law, and the subsequent provisions shall remain in full force and effect. You agree that each Hubster service provider shall be deemed to be a third-party beneficiary of the foregoing provisions, with all rights to enforce such terms as if a service provider were a party to these Terms of Service. No of these Terms of Service or any of Your rights or obligations under these Terms of Service may be transferred or transferred by You (in whole or in part and including through sale, merger, consolidation, or any other form of legal operation) without Hubster's prior written consent. Any transfer in violation of the foregoing provisions will be null and void. Hubster may assign these Terms of Service to any party who assumes Hubster's obligations under these Terms of Service. The parties to these Terms of Service are independent parties, not agents, employees, or employers of any other party or joint venture, and no one takes over under these Terms of Service any right or ability to bind or enter into any obligation on behalf of the other party.
These Website Terms of Service (these "Terms of Service") are agreed to between PT Jakarta Hubtech Operations and its affiliates and subsidiaries (collectively, "we", "us", "our", or "Hubster") and you, or if you represent an entity or other organization, that entity or organization (in either case, "You" or "Your"). These Terms of Service govern Your use of the websites that link to these Terms of Service (the "Website") and offers users ("Users") the ability to access certain content on the Website ("Content"). These Terms of Service applies to the Website and Content, regardless of the website through which You access or use the Website and Content.
PLEASE CAREFULLY READ THESE TERMS OF SERVICE. BY ACCESSING OR USING THE WEBSITE AND CONTENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, HUBSTER IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE AND CONTENT AND YOU MUST NOT ACCESS OR USE THE
WEBSITE AND CONTENT. These Terms of Service include the terms and conditions below and the privacy policy located at www.hubster.co.id/privacy (the "Privacy Policy") relating to the Website. You are responsible for compliance with these Terms of Service (including the Privacy Policy). Unless You later enter into any other agreements with Hubster regarding the Website and Content, these Terms of Service are the complete and exclusive agreement between You and Hubster regarding Your access to and use of the Website and Content. These Terms of Service supersede any prior agreement or proposal, oral or written, and any other communications between You and Hubster relating to Your use of the Website and Content as a User of the Website.
1. DEFINITIONS. Terms used in these Terms of Service have the definitions given in these Terms of Service or, if not defined in these Terms of Service, have their plain meaning as commonly interpreted in Indonesia. A reference to our affiliates includes our holding companies, our subsidiaries and other subsidiaries of our holding companies.
2. TERM. These Terms of Service are entered into as of the earlier of the date You first accessed or used the Website and Content and will continue until terminated as set forth herein.
3. MODIFICATIONS. Hubster reserves the right, at any time, to modify the Website and Content, with or without notice to You, by making those modifications available on the Website. Hubster also reserves the right, at any time, to modify these Terms of Service. Hubster will inform You of the presence of any changes to these Terms of Service by posting those changes on the Website or by providing You with notice through the Website. Any modifications will be effective immediately upon posting on the Website or delivery of such notice through the Website, and You will be deemed to have agreed to any and all modifications through Your continued use of the Website and Content following such notice period. You may terminate these Terms of Service as set forth below if You object to any such modifications.
4. ACCESS.
4.1 Restricted Access. This Website is not available or intended for children under 21 years of age. You may only use this Website if You are at least 21 years of age. By using this Website, You represent that You are at least
21 years of age. We reserve the right to exclude and deny access to any person that we believe in our absolute discretion is not at least 21 years of age.
4.2 To the Website. Subject to Your compliance with these Terms of Service, Hubster will permit You to access and use the Website and Content solely for lawful purposes and only in accordance with these Terms of Service and any other agreement You agree to with Hubster before being given access to any specific aspects of the Website. Any additional agreement is in addition to these Terms of Service and will govern Your use of the portions of the Website to which the additional agreement applies in the event of a conflict between the terms of these Terms of Service and the additional agreement.
5. CONTENT AND THIRD PARTY SERVICES.
5.1 Content. Unless otherwise noted on the Website, all Contents available through the Website or Content, including all texts, audios, videos, photographs, illustrations, graphics, testimonials, and other medias, are owned or licensed by Hubster or other third party providers. All Contents are provided for informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Contents and for Your use of any Content. Hubster has not verified the accuracy of, and will not be responsible for any errors or omissions in any Content. Hubster makes no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Except as set forth in these Terms of Service, You are granted no licenses or other rights in or to any Content, or any IPR (as defined in Section 9 below) therein or related thereto. If You would like to use any Content in a manner not permitted by these Terms of Service, please contact Hubster at hello@tryhubster.com.
5.2 To Third Party Services. The Website may provide You with the choice to access certain services developed, provided, or maintained by other third party service providers ("Third Party Services"). In addition to these Terms of Service, Your access to and use of any Third Party Services is also subject to any other agreement You may agree to before being given access to such Third Party Services (each, a "Third Party Service Agreement"). The terms of any Third Party Service Agreement (which may include payment of fees) will apply to the applicable Third Party Services, but will not apply to any other services You may access through the Website. Except as set forth in these Terms of Service, in relation to any Third Party Service, the terms of any Third Party Service Agreement will control in the event of a conflict between these Terms of Service and that Third Party Service Agreement.
6. TERMINATION. These Terms of Service may be terminated by either party at any time, in that party's sole discretion, upon notice to the other party as permitted under these Terms of Service. Except as otherwise stated in these Terms of Service, upon termination or expiration of these Terms of Service for any reason: (1) all rights and subscriptions granted to You under these Terms of Service will terminate; and (2) You will immediately cease all use of and access to the Website and all Contents and services (including, without limitation, all Contents You have obtained prior to termination). Sections titled Definitions, Termination, Suspension, Content and Third Party Services, Website Technology, Ownership, Representations and Warranties, Indemnity, Limitation on Liability, Data Privacy, Feedback, Disputes, Governing Law, Notices, Linked Sites, and Additional Terms will survive any expiration or termination of these Terms of Service. You and Hubster agree to waive Article 1266 of the Indonesian Civil Code, so that it will not be necessary to go to court or arbitration in order to terminate under this provision.
7. SUSPENSION. Without limiting Hubster's right to terminate these Terms of Service, Hubster may also suspend Your access to the Website or any Content, with or without notice to You, upon any actual, threatened, or suspected breach of these Terms of Service or applicable law or upon any other conduct deemed by Hubster, in its sole discretion, to be inappropriate or detrimental to the Website, Hubster, or any other User or third party.
8. WEBSITE TECHNOLOGY. The Website, Content, and the databases, software, hardware, and other technology used by or on behalf of Hubster to operate the Website, and the structure, organization, and underlying data, information and software code thereof (collectively, the "Technology"), constitute valuable trade secrets of Hubster. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms of Service; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology.
9. OWNERSHIP. Hubster retains all rights, titles, and interests, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights ("IPR"), in and to the Technology and any additions, improvements, updates, and modifications. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Website and Content under these Terms of Service. The Hubster name, logo, and all products and service names associated with the Website and Content are trademarks of Hubster and its licensors and third party providers and You are granted no right or license to use them.
10. REPRESENTATIONS AND WARRANTIES.
10.1 Mutual. Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into these Terms of Service; (b) these Terms of Service form a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under these Terms of Service and to grant the rights and licenses described in these Terms of Service.
10.2 Compliance with Laws. You acknowledge that the Website is a general purpose online service and is not specifically designed to facilitate compliance with any specific law. You represent and warrant to Hubster that Your use of and access to the Website, including any Third Party Services, will comply with all applicable laws, rules, or regulations ("Laws") and will not cause Hubster itself or any other third party to violate any applicable Laws. You should make Your own independent inquiries and assessments with respect to any services which are available or which are to be offered as well as any information You obtain from this Website. Hubster is not responsible for notifying You of any such Laws, enabling Your compliance with any such Laws, or for Your failure to comply. You agree that You will not use this Website to transmit any false, inaccurate, or misleading information; upload any viruses or malicious code; engage in behavior that is defamatory, obscene, indecent, threatening, or harassing; solicit login information, access protected data or intercept personal information belonging to someone else; or use this Website or its content in connection with unsolicited commercial messages.
10.3 Except as required by law, we do not assume any duty of care in relation to a Website, Content or any information or material accessible from it. In many cases, information which is accessible from the Website may be placed by third-parties. We are unable to warrant the accuracy of any such content provided by third-parties including on any blogs, social medial pages or similar formats which we may maintain from time to time.
10.4 No statement which is made on this Website is an endorsement by us of any third party, unless otherwise specifically indicated by us, or where required by law and You acknowledge that we do not and are unlikely to be in a position to have verified the accuracy of statements provided to us by third-parties.
10.5 No Warranties; Disclaimer.
10.5.1 THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." HUBSTER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE WEBSITE, CONTENT, OR THE PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE AND DOES NOT ENDORSE THE PRODUCTS, SERVICES, VIEWS, OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHER DATA, INFORMATION OR THIRD PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE WEBSITE. HUBSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, CONTENT, SERVICES, AND OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUBSTER, ITS EMPLOYEES, OR SERVICE PROVIDERS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
10.5.2 HUBSTER MAKES NO WARRANTY THAT (a) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (b) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (e) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY CONTENT OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5.3 THE FOREGOING PROVISIONS IN SECTIONS 10.5.1 AND 10.5.2 SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. INDEMNITY. You hereby agree to indemnify, defend, and hold harmless Hubster and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation ("Claim Claim ") against any Indemnified Party arising in any manner from: (1) Your access to or use of the Website, or any Content; (2) Your collection and disclosure of any Content, (3) Your violation of applicable Laws; and (4) Your breach of any representation, warranty, or other provision of these Terms of Service or Third Party Service Agreement. Hubster will use reasonable efforts to provide You with notice of any such claim or allegation, and Hubster will have the right to participate in the defense of any such claim at its expense.