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Terms and Conditions

  • 1. ACCEPTANCE OF TERMS
  • 2. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE FOR USERS
  • 3. TRADEMARK OF IMAJINESIA
  • 4. INFORMATION YOU PROVIDE
  • 5. YOUR CONTENT
  • 6. CLAIM OF VIOLATION
  • 7. LIMITATIONS
  • 8. RESTRICTIONS AND TERMINATION OF USE
  • 9. LINKS TO THIRD PARTY SITES
  • 10. WARRANTIES
  • 11. INDEMNITY
  • 12. Miscellaneous

I. ACCEPTANCE OF TERMS

  1. You agree to and be bound by the terms and conditions described below, as well as other amendments or additions determined by PT Nusa Kreasi Matajeli (“Imajinesia”) which may be published by Imajinesia from time to time (collectively referred to as “Terms and Conditions”). If you do not agree with the terms and conditions contained in this Terms and Conditions, please do not use this Site.

  2. Imajinesia may change this Terms and Conditions from time to time. If you continue your access to this Site, then you are deemed to agree with the changes to this Terms and Conditions.

  3. Your access to this Site is subject to the latest version of this Terms and Conditions, as well as the rules and guidelines that were in effect at the time you access this Site. You are required to regularly check the “Terms & Conditions” link on the home page of this Site to view this Terms and Conditions. If you violate this Terms and Conditions, your license to access this Site or use this Site will be terminated immediately and automatically.

II. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE FOR USERS

  1. You can access this Site subject to the provisions set out in this Terms and Conditions, any license applicable to Imajinesia and laws and regulations. Imajinesia is the sole owner of all rights and ownership of this Site and is entitled to all rights not expressly granted under this Terms and Conditions. Imajinesia may modify, replace, or discontinue the Site or parts thereof at any time, for any reason, with or without notice, at Imajinesia’s sole discretion. Imajinesia provides the Site on an “as is” and “as available” basis.

  2. All content on this Site, including but not limited to images, and related metadata (collectively “Content of Imajinesia”), as well as the selection and management of Content of Imajinesia, is protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties. Any unauthorized use of any Content of Imajinesia violates the law and this Terms and Conditions.

  3. Except expressly stipulated in this Terms and Conditions or in a separate license agreement between you and Imajinesia, Imajinesia does not give express or implied permission to use the Site or Content of Imajinesia. You agree not to copy, republish, frame, link to, download, send, modify, adapt, create derivative works based on, rent, loan, sell, assign, distribute, display, perform, license, sub-license, or reverse engineer the Site or any Content of Imajinesia. In addition, you agree not to use data mining, robots or similar data and/or image collection and extraction methods on the Site or Content of Imajinesia.

  4. Unless you sign a license agreement with Imajinesia, you may not download, distribute, display and/or copy any Content of Imajinesia.

  5. You may not remove any watermarks or copyright notices contained in the Content of Imajinesia.

III. TRADEMARK OF IMAJINESIA

  1. For the purposes of this Terms and Conditions, the term, “Trademark” means all general law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Imajinesia.

  2. Nothing contained herein grants or is construed to grant you any right to use any of the Trademarks of Imajinesia, unless expressly provided by this Terms and Conditions.

  3. You agree that you will not use any of the Trademarks of Imajinesia in any way that could tarnish, disparage, or reflect negatively on such Trademarks or Imajinesia.

  4. You agree that you will not oppose or challenge (for example, take legal action in the form of a lawsuit), or assist or encourage other people or entities to fight or challenge, the validity of the Trademarks of Imajinesia or the Trademark rights claimed by Imajinesia.

  5. You agree that you will not use the Trademarks of Imajinesia or any variant including misspelled as a domain name or as part of a domain name regardless of the top level domain, or as metatags, keywords, or any other type of programming code or data.

  6. You may not at any time adopt or use, without the prior written consent of Imajinesia, any words or signs which is similar to or may be confused with the Trademarks of Imajinesia.

  7. The look and feel of the website of Imajinesia, including all page headers, custom graphics, button icons and scripts, are trademarks and/or trademarks or service marks of Imajinesia and may not be copied, imitated or used, in whole or in part, without prior written consent from Imajinesia.

  8. All trademarks, product names and other company names or logos used or appearing on the website of Imajinesia are the property of their respective owners. Reference to any product, service, process or other information, with trade name, trademark, manufacturer, supplier or others does not constitute or imply endorsement, sponsorship or recommendation thereof by Imajinesia, unless expressly stated otherwise.

  9. You may not use Imajinesia’s trademarks, logos, Images, or other images owned by Imajinesia to be linked to the website of Imajinesia without Imajinesia’s prior written consent.

  10. You may not frame or hotlink to the website of Imajinesia or any Images without Imajinesia’s prior written consent.

IV. INFORMATION YOU PROVIDE

  1. Imajinesia (or third parties acting on its behalf) may collect information related to your use of the Site. The third party platform where you access the Site may collect information related to the use of the third party platform and provide that information to Imajinesia subject to your agreement with the applicable third party platform. The collection and use by Imajinesia of all such information will at all times be in accordance with this Terms and Conditions, Imajinesia Privacy Policy, and applicable laws.

  2. Imajinesia will use and protect your personal information, such as your name and address, in accordance with the Privacy Statement of Imajinesia, the contents of which are incorporated by reference into this Terms and Conditions.

V. YOUR CONTENT

  1. For photos, portraits, images, recordings, text, audio, video or any other content that you upload or post to the Site (“Your Content”), you hereby represents and warrants that: (i) you have all the necessary rights to submit Your Content to the Site and grant the license set forth herein; (ii) Imajinesia need not to obtain a license from any third party or pay royalties to any third party in connection with Your Content; (iii) Your content does not violate any third party rights, including intellectual property rights and privacy rights; and (iv) Your content complies with this Terms and Conditions and all applicable laws.

  2. By uploading Your Content, you grant Imajinesia a limited, worldwide, non-exclusive, royalty-free license and the right to copy, transmit, distribute, display and publicly display (through all known media or hereafter created), and create derivative works of Your Content for the purpose of enabling you to edit and display Your Content using the Site and archive or maintain Your Content for disputes, legal proceedings, or investigations. The above license will continue unless and until Imajinesia removes Your Content from the Site, in which case the license will expire within a commercially reasonable period of time. Even so, licensing for archival or law enforcement purposes will continue indefinitely.

  3. You may not upload, post or transmit any video, image, text, audio recording or other contents that:

    a. Violate any third party copyright or other intellectual property rights or any right of publicity or privacy;

    b. Contain pornographic, defamatory, or illegal or immoral content;

    c. Exploit minors;

    d. Describe unlawful or violent action;

    e. Describe cruelty to animals or violence to animals;

    f. Promote fraudulent schemes or generate fraudulent advertising claims or unfair competition; and

    g. Violate any law, statute or regulation.

  4. You may not use any Content of Imajinesia for any purpose without first obtaining a license to use such Content of Imajinesia. Any use of Content of Imajinesia by you will be governed by a separate applicable license agreement entered into between you and Imajinesia. Displaying and/or distributing to the public any watermarked or unlicensed Content of Imajinesia (whether incorporated in derivative works or alone) is copyright infringement.

VI. CLAIM OF VIOLATION

If you believe that any Image or other material provided by Imajinesia infringes the copyright you own or control, you can notify Imajinesia by sending us an email at admin@imajinesia.co.id.

VII. LIMITATIONS

You agree that you will not:

  1. Engage in any action that constitutes a violation of any law or that violates the rights of Imajinesia or any third party;

  2. Violate any law or regulation related to access or use of the Site, or engaging in any activity prohibited by this Terms and Conditions; and

  3. Violate the rights of Imajinesia or any third party (including rights to privacy and publicity) or abuse, defames, harasses, stalks or threatens others.

VIII. RESTRICTIONS AND TERMINATION OF USE

Imajinesia may block, limit, disable, suspend or terminate your access to all or part of the Site and/or the Content of at any time based on Imajinesia’s discretion, without prior notice or obligation to you. Any actions by you that, at Imajinesia’s discretion, restrict or prevent other people or entities from using or enjoying this Site are prohibited and may result in the termination of your access to the Site without further notice.

IX. LINKS TO THIRD PARTY SITES

If the Site is available through any third party platform, or if Imajinesia provides a link from the Site to any third party platform or allows any third party to link from its platform to the Site, you understand and agree that Imajinesia provides no warranty of any kind, whether expressed or implied, and is not responsible for the content or practices of any of this third parties or their platforms. Such platforms are not under the control of Imajinesia, and Imajinesia merely provides and/or allows this links as a convenience to you. The inclusion of any link does not imply affiliation, endorsement or adoption by Imajinesia.

X. WARRANTIES 

  1. Your use of the Site is at your own risk. This Site is provided by Imajinesia under this Terms and Conditions “as is” without warranty of any kind, whether express, implied, statutory or otherwise. Imajinesia expressly disclaims any and all warranties of any kind, whether express or implied, for each and every service available from the Site, including, but not limited to implied warranties regarding tradability, conformity for a particular purpose, non-infringement, and any other warranties that may arise under any law.

  2. Without limitation to the foregoing, Imajinesia makes no warranty that: (i) the Site will meet your requirements; (ii) the access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the Site, services or materials will be repaired. Imajinesia makes no representations or warranties that the Site will be permitted in your jurisdiction, that Your Content submitted by you will be made available through the Site or will be stored by the Site, that the Site will meet your needs, or that Imajinesia will continue to support certain features of the Site. To the extent that any disclaimer or limitation of liability does not apply, all express, implied and legal warranties will be limited to a period of 30 days after the date on which you first used the Site, and no warranty will be valid after that period.

XI. INDEMNITY

You agree to defend, indemnify and hold harmless Imajinesia, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, shippers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorney fees) arising out of or in connection with your behaviour, your use or inability to use the Site, your violation or alleged violation of the Terms and Conditions for this Site or from any representation or warranty contained herein, your use of illegitimate Content of Imajinesia, or your violation of the rights of others.

XII. Miscellaneous

  1. Any controversy or claim arising out of or in connection with this Agreement, or violation thereof, must be resolved through the South Jakarta District Court.

  2. This Terms and Conditions are governed by and will be interpreted in accordance with the laws of Indonesia, regardless of conflicts of legal principles.

  3. In the event of conflict between this Terms and Conditions and any licensing agreement you enter into with Imajinesia, the terms of that license agreement will prevail.

  4. The invalidity or inapplicability of any part of this Terms and Conditions will not affect the validity or enforceability of any other provision in this Terms and Conditions.
Imajinesia
Indonesian Photographic Platform
Assorted visual solutions for the
creative industry
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