ZOOMBALI TERMS OF SERVICE
1. YOUR ACCEPTANCE
Welcome to the Terms of Service for the ZoomBali mobile application and website. This is an agreement (“Agreement”) between PT. Bali Radar Property (“ZoomBali”), the owner and operator of zoombali.com (the “Site”), the ZoomBali software and ZoomBali mobile applications (“App” or “Service”), and you (“you” or “your” or “user(s)”), a user of the Site, App and Service.
Throughout this document, the words “ZoomBali,” “us,” “we,” and “our,” refer to our company, PT. Bali Radar Property and our website, zoombali.com, the ZoomBali application (“App”) or our Service, ZoomBali, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information through our Site or Service will be referred to as “Content” throughout this Agreement.
2. ZOOMBALI DESCRIPTION OF SERVICE
ZoomBali is a road trip planning site and a map directory. We help travellers map out routes and provide turn by turn directions through our App. Additionally, we offer large database of places that users may find interesting and exciting.
3. USER ACCOUNTS
In order to use our App and Service you will be required to register. During registration we may collect your name, email and telephone number. Additionally, we may allow you to use third party social media sites, such as Facebook, to login or share information. We have the final discretion in granting accounts and reserve the right to reject users without explanation.
4. DISCLAIMER AND INFORMATION ACCURACY
Our Service and App are to be used for general planning purposes. Although we strive to provide the most accurate maps and information possible, we cannot guarantee that any use of our Service will result in any desired results for you. We cannot guarantee that all locations are accurate on our maps. In some instances we may use third party data such as Google Maps, although their data is generally accurate, errors may occur. Please do not rely on our Service or App at the risk of your safety or the safety of others. You understand that our App does not show what is actually taking place in front of you. Any alerts are merely visualizations of data from our Service, they may not reflect actual circumstances. Predicted journey distance, arrival times, routes, and points of interests are all estimates. We do not make any guarantees as to time of arrival, destinations, or locations found on our App or Service
5. POSTING OF CONTENT ON ZOOMBALI
Any Content submitted by you will be owned by you. However, by submitting any Content to our Site and Service, you hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described in Section 5. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Content. Finally, you promise that your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ZoomBali with respect thereto, and agree to indemnify and hold ZoomBali, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. YOUR LICENSE GRANT TO US FOR YOUR CONTENT
When you submit any Content to us, you grant ZoomBali and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your post and anything we may make with your post through ZoomBali or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote ZoomBali. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our App.
If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.
7. MODIFICATION OF APP
We reserve the right to alter, update, or remove our App from your system at any time, or demand that you do so. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal or other purposes.
8. OUR LICENSE GRANT TO YOU
We make an App available for downloading on our Site or elsewhere, such as a third party store dedicated to the promotion and sale of apps. When you download our App, you are given the right to download one copy of the App at the price listed, if any.
We grant you a non-commercial personal, non-exclusive, revocable, limited license to use our Site and download our App. You acknowledge that we maintain all right, title, and interest in our App. This means you cannot sell our App anywhere else, share your license to use our App with anyone else, reverse engineer or otherwise attempt to copy our App, or try and make money off of it without our express written permission. Even if we offer our App for free, you must still abide by these provisions, you must not copy or otherwise use our App in a manner prohibited by this section. You obtain no ownership rights when you purchase and download our App, but are instead buying (or, in the case of a free download, being given) a license to install and use the App within the confines of this Agreement.
9 .PUBLIC ACCESS AND DISPLAY
By submitting any Content to our App or Service you understand that this Content may be viewable by the public.
You agree that you are solely responsible for any Content or information posted. Therefore, it is recommended that any Content you store or submit to our App and Service be tasteful and up to community standards.
10. USE OF ZOOMBALI
When using our Service, you are responsible for your use of ZoomBali, and for any use of ZoomBali made using your device. You also agree that your use of ZoomBali is for personal non-commercial use. You agree not to access, copy, or otherwise use ZoomBali, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by ZoomBali. You agree not to use ZoomBali to:
You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to ZoomBali servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that ZoomBali grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, App, or Service;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not upload invalid data, viruses, worms or other software agents through the Service or App;
You will not collect or harvest any personally identifiable information, including account names, from the Service or App;
You will not use the Site, App, or the Service for any commercial solicitation purposes;
You will not access the Site or Service through any technology or means other than those provided or authorized by the Service or App;
You agree to act within the bounds of common decency when using our Site;
You agree not to stalk, harass, bully or harm another individual;
You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
You agree to use our App only in a safe manner and in compliance with all traffic laws;
You agree that you will not hold ZoomBali responsible for your use of our Site or App;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to ZoomBali;
You agree not to interfere with or disrupt the Site, App, or Service;
You agree not to hack, spam or phish us or other users;
You agree to provide truthful and accurate Content;
You agree to not violate any law or regulation and you are responsible for such violations;
You will not use our Site or App to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
You will not upload any Content to our Site or App that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but ZoomBali reserves the right to suspend or terminate any account at any time without notice or explanation.
11. APPS AND SITE AVAILABILITY
We do not guarantee that the Apps or Site will always be available, work, or be accessible at any particular time via any app store or marketplace. Only users who are eligible to use our App may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the App will work as advertised, or that it will give you the desired results.
12. COMPLIANCE WITH ALL LAWS AND REGULATIONS
ZoomBali is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. Our App and Service is void where prohibited.
13. INTELLECTUAL PROPERTY RIGHTS
The design of the ZoomBali Service along with ZoomBali created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ZoomBali, subject to copyright and other intellectual property rights.
ZoomBali reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
14. PAYMENTS AND REFUNDS FOR OUR APP
The ZoomBali App may either be downloaded, for free or for a fee, through a third party applications marketplace. Any refunds must be processed through the third party applications marketplace.
15. REPRESENTATIONS AND WARRANTIES
OUR SITE OR SERVICE ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR APP OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SITE, APP, OR SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. ZoomBali IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE OR SERVICE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCTS PURCHASED THROUGH OUR SITE AND SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL ZoomBali, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SOFTWARE, APP, WEBSITE OR OUR SERVICES ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
You agree to defend, indemnify and hold harmless ZoomBali, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the ZoomBali Site and Service;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that any of your Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the ZoomBali Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
18. FREEDOM OF SPEECH
At ZoomBali we allow users to create Content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their Content to our Service, we are not liable for any defamatory Content posted on our website if published by a third party. We are a passive service that only hosts Content generated by users; we do not alter or produce any Content submitted. Although we may choose to edit or delete any clearly defamatory or illegal Content, we are not required to.
19. CHILDREN COMPLIANCE
ZoomBali and its Services may only be used by persons 13 years and older. If you are under 13 please stop using our Site and App and please do not submit any information to us.
20. FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, ZoomBali shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. TERMINATION AND CANCELLATION
We may terminate or suspend service, your account, or the App without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Simply delete or destroy the copy of the App that you have downloaded. Cancellation may result in the immediate deletion of any Content that you have submitted to ZoomBali. Although, your Content may not be accessible we may keep such Content for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
26. ELECTRONIC COMMUNICATIONS
The communications between you and ZoomBali use electronic means, whether you visit the App, Site, or Service or send ZoomBali e-mails, or whether ZoomBali posts notices on the App, Site, or Service or communications with you via 3-mail. For contractual purposes, you (1) consent to receive communications from ZoomBali in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that ZoomBali provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last Modified: 02/01/2018