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1. User Account, Password, and Security

To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer.

You agree to (a) immediately notify Pokaku of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pokaku cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

2. User Conduct

In using this Site, you agree to not:

  1. upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
  4. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  5. use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  6. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
  7. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. upload, download, post, email or otherwise transmit false or misleading information;
  9. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
  10. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
  11. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
  12. frame the Site within another Site or webpage or link to the Site except as permitted in writing by Pokaku;
  13. incorporate images or names that would violate a person's right of privacy or publicity; or
  14. use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service;
  15. transfer your Pokaku account to another party without Pokaku's written consent;
  16. copy, modify or distribute rights or Content from the Site, service or tools or Pokaku's copyrights and trademarks; or
  17. harvest or otherwise collect information about users, including email addresses, without their consent.

You acknowledge that Pokaku does not pre-screen submitted Content, but that Pokaku and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Pokaku may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Pokaku does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Pokaku expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Pokaku and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to Pokaku. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Pokaku nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Pokaku's production of any product depicting your Content does not indicate that Pokaku approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You acknowledge and agree that Pokaku may preserve or store your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage or disclosure is reasonably necessary and as set forth in our Privacy Policy. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You agree that you are responsible for actions and communications undertaken under your account. Pokaku takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Pokaku and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Pokaku and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

 

3. Trademarks and Copyrights

Pokaku's trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to Pokaku, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pokaku. All other trademarks not owned by Pokaku that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pokaku.

 

4. Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Pokaku, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Pokaku or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.

You retain all ownership rights to your Content submitted to the Site. By submitting Content to Pokaku, you grant Pokaku a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.

You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Pokaku grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

Pokaku grants you a non-exclusive, revocable and limited license to use the Content and Pokaku's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the Pokaku website. We reserve the right to terminate this license at any time.

 

5. Pricing, Shipping, and Terms of Sale

Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in Rupiah. Prices and products may change at Pokaku's discretion. Pokaku may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by Pokaku. Title and risk of loss for all products ordered by you shall pass to you on Pokaku's shipment to the shipping carrier. Purchases are subject to Pokaku's Shipping and Return Policy. Pokaku reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.

 

6. Earnings

If you participate as a Seller or Associate (as both terms are defined in the Non-Exclusive License Agreement), Pokaku will pay accrued earnings in accordance with the following section.

Payments for royalties, referral fees and any other compensation owed to you (collectively hereinafter referred to as "Earnings") will be made within 10 working days of the end of the month subject to the following:

  1. Pokaku maintains a statement of your Earnings. You may check your statement in the “Associates” and "Royalty" section of your account.
  2. Pokaku will pay your Earnings in accordance with the selections you make in the "Payment Settings" page in "MyAccount" and Pokaku makes the following options available:
    1. Bank Transfer
    2. Paypal
  3. Earnings are held in your account until you choose to have your payment made (after reaching the Payment Threshold set by Pokaku)
  4. On the Payment Settings page in, you may also choose your method of payment (for example, bank transfer or PayPal). Pokaku, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.
  5. With respect to referral fees, if Products that generated a referral fee are returned by the customer, we will deduct the corresponding referral fee from your next payment. If there is no subsequent payment, we may send you a bill for the fee, which bill must be paid upon receipt.
  6. The approved banks for bank transfers are:
    1. BCA
    2. Bank Mandiri
    3. BRI
  7. Payment made to bank accounts other than the approved banks will be subject to transaction fee of Rp. 5.000,-.
  8. With respect to payment made to BRI accounts, a transaction fee of Rp. 5.000,- will be charged if the account is opened outside of the greater Jakarta area.
  9. Payments that are made using PayPal will be paid in US Dollar. The exchange rate for the payment is subject to Pokaku’s discretion at the time of transfer.
  10. Payment Thresholds mean Rp. 250.000,-. The Payment Thresholds are subject to change at any time or from time- to-time, in our sole and absolute discretion. You will be notified of any change in the Payment Thresholds.
  11. Pokaku, in its discretion, may add or change the fees imposed on the payment at any time or from time-to-time, in our sole and absolute discretion.

 

7. Product Descriptions

Pokaku attempts to be as accurate as possible to provide a compelling user experience. There are many sellers on the Site and Pokaku does not verify the accuracy of their product descriptions. Pokaku does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Pokaku is not as described, your sole remedy is to return it pursuant to Pokaku's Shipping and Return Policy.

Pokaku prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an effective fundraising tool for many organizations. From time-to-time, Pokaku participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever Pokaku announces these fundraising efforts, you can be assured that Pokaku will ensure that funds will be remitted to the charitable organization as disclosed in such announcements. From time-to-time, Sellers may state they intend to donate their royalties or other sums to charities. Pokaku is unable to verify such statements, so please use caution when relying on them.

 

8. Reviews, Comments and Submissions

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 

9. Promotions

In addition to the terms and conditions in this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions in this Agreement. We ask you to please review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such program/promotion shall control.

 

10. Our Community

Our community is the most important part of Pokaku. All registered members are part of our community and we value everyone. Pokaku has established multiple ways for members to interact with one another on the Site, including but not limited to forums, our blog and other social media channels. Please remember that these are public spaces, so use common sense when sharing personal information. Pokaku's role is to facilitate open discussion and support our community through constructive communication. We have some general rules for community conduct, and some spaces have additional rules.

  1. Treat one another with respect. There is a real person behind each name.
  2. Harassing, insulting, embarrassing or abusing other members is unacceptable.
  3. The community spaces are not the appropriate channel to express disputes with others.
  4. Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact Pokaku privately if you need help with a transaction.
  5. Do not publicly post another person's private information without their explicit consent (for example: email, conversations, letters, phone numbers, addresses or full names).
  6. Violating community policies may result in suspension or termination of certain privileges including account termination.

 

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL POKAKU OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING POKAKU OR RELATED SERVICES 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 (EVEN IF POKAKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT POKAKU SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.