PLEASE READ THIS DOCUMENT CAREFULLY.
The Fanatik Web Site (the "Site") is an online information service provided by PT Domikado ("Fanatik"), subject to your compliance with the terms and conditions set forth below.
Fanatik (“Fanatik ID”, “we”, “us”) offers an online video sharing platform and community through its website located at fanatik.id and other Fanatik-operated sites (collectively, the “Fanatik Site”) and related mobile and connected TV applications and online services (collecitevely and including the Fanatik site, the “Fanatik Service”). By registering as a member or by using The Fanatik Service in any way, you accept these Terms of Service and/or Term Condition of Use, which forms a binding agreement between you and Fanatik. If you do not wish to be bond by this term of Ude/term condition of use, do not use the Fanatik Service.
Fanatik MAY MODIFY THIS TERM OF USE AND/OR TERM CONDITION OF USE AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERM OF USE AND/OR TERM CONDITION OF USE ON THE SITE. YOU AGREE TO REVIEW THE TERM OF USE AND/OR TERM CONDITION OF USE PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERM OF USE AND/OR TERM CONDITION OF USE
AGE REQUIREMENT: You must be at least 13 years old to use the Fanatik Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Fanatik Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Fanatik Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Fanatik Service. If your child is using the Fanatik Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Fanatik Service is appropriate for your child, please contact us.
WARNING: Even if you are old enough to use the Fanatik Service and/or have your parent's or guardian's permission, some of the content available within the Fanatik Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
LICENSE: Fanatik grants you a limited, non-exclusive license to access and use the Fanatik Service for your own personal, non-commercial purposes. This includes the right to view content available on the Fanatik Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Fanatik Service for commercial purposes unless: You are a small-scale independent production company, non-profit, or artist, in which case you may use the Fanatik Service to showcase or promote your own creative works.
RESTRICTIONS: Except as expressly permitted by Fanatik in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fanatik Service. Nor will you take any measures to interfere with or damage the Fanatik Service. All rights not expressly granted by Fanatik are reserved.
MOBILE APP: Your use of the Fanatik Service through one of our mobile applications is also subject to our FAQ.
REGISTRATION: To fully use the Fanatik Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Fanatik and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Fanatik Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
TERM: This Agreement begins on the date you first use the Fanatik Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Fanatik Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Fanatik may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Fanatik determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Fanatik's reputation and goodwill. If Fanatik deletes your account for the foregoing reasons, you may not re-register for the Fanatik Service. Fanatik may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Fanatik will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Fanatik shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
All videos you submit must also comply with the Fanatik Guidelines, which are incorporated into this Agreement.
In using the Fanatik Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Fanatik has the right, but not the obligation, to monitor all conduct on and content submitted to the Fanatik Service.
LICENSE TO FANATIK: As between you and Fanatik, you own the video content ("videos") that you submit to the Fanatik Service. By submitting a video, you grant Fanatik and its affiliates a limited, worldwide, nonexclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Fanatik Service; (ii) displaying the video on third party websites and applications through a video embed or Fanatik's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the Fanatik Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the Fanatik Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Fanatik Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Fanatik has no control over such caching.
As between you and Fanatik, you own all non-video content that you submit to the Fanatik Service. You grant Fanatik and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the Fanatik Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Fanatik on improving or adding new features to the Fanatik Service, Fanatik shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Fanatik and grant the licenses set forth above; (ii) Fanatik will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Fanatik and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Fanatik Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Fanatik violates any law or infringes any third party right, including any intellectual property or privacy right.
Fanatik respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright Policy which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at support[at]domikado[dot]com.
Fanatik reserves the right to modify the Fanatik Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fanatik Service. Fanatik has no obligation to screen or monitor any content and does not guarantee that any content available on the Fanatik Service complies with this Agreement or is suitable for all users.
Fanatik provides the Fanatik Service on an "as is" and "as available" basis. You therefore use the Fanatik Service at your own risk. Fanatik expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fanatik makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Fanatik Service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) Fanatik shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Fanatik's total liability to you shall not exceed the amounts paid by you to Fanatik over the twelve (12) months preceding your claim(s).
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Fanatik in exercising any right hereunder will waive any further exercise of that right. Fanatik's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Fanatik's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Fanatik electronically. Fanatik may provide all such communications by email or by posting them on the Fanatik Service. For support-related inquiries, you may contact us. Nothing herein shall limit Fanatik's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Fanatik on the Fanatik Site or a written amendment signed by an authorized representative of Fanatik. A revised Terms of Service will be effective as of the date it is posted on the Fanatik Site.
Fanatik, PT Domikado
JL. Raya Kebayoran Lama No. 8A,
Grogol Utara, Kebayoran Lama Jakarta Selatan
©2015 Fanatik, Domikado. All rights reserved.