Terms

Terms of Use
Updated: October 26th 2018

These terms of use (“Terms”) apply to the Volantis marketplace/network and other products and services (collectively, the “Service”) provided by Volantis (“Volantis”, “our”, orwe”) via volantis.io (“Site”)

By registering to use and accessing the service or providing access to any datasets and models (“Product”) via the service, you agree and acknowledge that you have read, understand, and agree to be legally bound by all these terms.

Volantis may modify the Terms to reflect changes in Volantis’ business, applicable law, or for other reasons deemed necessary by Volantis. If there’s any Terms changes, Volantis will provide notice which may include, but not limited to notice provided through the Site or Volantis User account and email.

Except where prohibited by the Law, updates to the terms will apply 7 days after notice been given (“Notice Period”). Changes to terms will, however not apply retroactively. You are advised to review these terms whenever you access the service and at least every 30 days to make sure that you understand all of terms that will apply to your use of the service. If you do not agree to changes made to the terms, you must discontinue your use of the service.

These terms is applied to the first date you first access the service (the “Effective Date”)

The Services

Volantis services provide a platform for the use, development and commercialization of Products. Your right to access and use the services is contingent upon your access and use of the services in accordance with these terms of use.

The Services may offer interactive features that allow you to submit materials on areas of the Services accessible and viewable by other users of the Services and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You represent and warrant that you own or have obtained all necessary rights and licenses to any materials submitted by you. You agree to provide accurate and complete information in connection with your submission of any materials on the Services.

Volantis has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Services, to investigate any reported or apparent violation of these Terms and Conditions, and to take any action that Volantis in its sole discretion deems appropriate, including termination hereunder.

Age

By using the site, user represent, acknowledge and agree that user is at least 18 years of age, or if user are under 18 years of age but are at least 12 years old (a "minor"), that user are using the site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to use the site and agree to these terms. If you are a parent or legal guardian of a minor, you hereby agree to bind the minor to these terms and to fully indemnify and hold harmless the company if the minor breaches any of these terms. If you are not at least 12 years old, you may not use the site at any time or in any manner or submit any information to the company or the site.

Submission of Products

You are solely responsible for all Products you submit, upload, post or otherwise make available on or through the site or through the services. You may not upload, post or otherwise make available on the site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether you have enough permission to share such information is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Product that you make. You have full responsibility for each Product you make, including its legality, reliability and appropriateness.

YOU HEREBY AGREE THAT YOU WILL NOT MAKE ANY PRODUCTS ON THE SITE OPEN AND AVAILABLE TO THE PUBLIC THAT CONTAINS PERSONAL INFORMATION, PERSONAL DATA, OR ANY OTHER DATA THAT RELATES TO AN IDENTIFIED LIVING PERSON (collectively, "Personal Information"). You may elect to have such information within a Product private on your account, provided always that you have complied, and will continue to comply, with applicable law (including without limitation Intellectual Property, Privacy, Data Protection Laws and other laws applicable to regulated data) and contractual obligations in the collection, use, submission and takedown of such personal information.

To the extent required by applicable laws, you have (i) obtained the express consent of the individuals whose data is included in your Products, including the right to transmit that data as a Products, and (ii) disclosed to those individuals how the data about them is being used, including on our site.

Volantis has the right, but not an obligation to reference and use your name and trademarks and disclose the nature of the services provided hereunder in each case in the Volantis’ business development and marketing efforts, including without limitation on the site.

Volantis has the right, but not the obligation, to monitor any Products submitted by you or otherwise available on the Services, to investigate any reported or apparent violation of these Terms and Conditions, and to take any action that Volantis in its sole discretion deems appropriate, including termination hereunder.

API(s)

To use Volantis API, you must obtain appropriate API Key via registration and subscription on the Site. You may not reveal your API Key to anyone else and must keep your API Key secure. You are solely responsible for maintaining the confidentiality and security of your API Key, and for all activities that occur through the use of your API Key.

You may not use your API Key or the Services to test or undermine the security of the Service. You will not and will not attempt to (i) interfere with, modify or disable any features, functionality or security controls of the Services or the API, (ii) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms incorporated into the Services and (iii) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Service or the API.

License & the Consideration

Volantis hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the services in the manner permitted by the terms of use.

You hereby grant to Volantis a non-exclusive, perpetual, irrevocable, revenue—based, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Products, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed.

You are solely responsible for identifying the license terms applicable to the Products you Submit and for providing the appropriate license when you Submit such Product. By making a Product, you represent and warrant that (a) you have all rights necessary to Submit the Product and allow the Company to use the Product for the Services in accordance with these Terms, (b) the Company's hosting of the Product and making it available on the Site as anticipated by these Terms will not violate or bind the Company to the terms of any license applicable to such Product, (c) the Company's hosting of the Product and making it available on the Site as anticipated by these Terms will not subject the Services or Site to any copyleft, share-alike or similar license provisions, and (d) that either (i) the Product is your original creation, you own all right, title and interest in and to the Product and any and all intellectual property rights therein and thereto, or (ii) the Product is validly licensed in accordance with the license terms selected by you, no other terms and conditions apply to the use of such Product, and the use of the Product by the Company, other Members and other visitors as anticipated by these Terms is permitted under such license. You agree to indemnify and hold the Company and its Members, visitors, officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, losses, damages, liabilities, and expenses (including attorneys' fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that arises from any actual or alleged breach by you of the forgoing representation and warranty, including without limitation misidentification of the license applicable to your Product(s).

You acknowledge the licenses applicable to certain Products may contain copyleft provisions that control the manner and terms under which you may license those Products and any other Products that you may combine or link to those products. You are solely responsible for determining and complying with the license terms that apply to your use and distribution of any products or combinations of products. Volantis shall have no liability to you and you shall indemnify and hold the Volantis and its members, visitors, officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) arising from or relating to any claims of improper or unauthorized use of any of the products, including but not limited to claims alleging non-compliance with applicable license terms.

Privacy

Please see Privacy Policy, for information regarding how Volantis collects, uses and discloses information about users of the services. The services are subject to Volantis’ privacy policy and by using the services, users consent to the collection, use and sharing of information, including the transfer of this information to the Republic of Indonesia and/or other countries for storage, processing and use by Volantis.

Experimental

There are several materials provided in the Site that are created and/or modified and submitted to the Site by other users that are not been fully tested (“Experimental”). Without limiting any disclaimer of warranty or other limitation stated herein, you agree that these Experimental are not considered by Volantis to be suitable for commercial use, and that they may contain errors affecting their proper operation and/or may cause disruptions. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF SUCH EXPERIMENTAL FEATURES MAY CAUSE SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE. THE COMPANY SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY EXPERIMENTAL SERVICES OR FEATURES.

Indemnification

User agree to indemnify and hold Volantis, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, civil or criminal liabilities, including reasonable attorney’s fees, made by any third party due to or arising out of your Product or usage of the site. Any form of breach of these terms, any additional legal terms, or privacy policy, user’s unauthorized use of any Volantis’ –owned intellectual property, or user alleged violation of any other rights of a third party.

Applicable law

The Laws of Indonesia will govern these terms without giving effect to any principles of conflict of laws.

Dispute Resolution

Volantis will arbitrate any dispute, claim or controversy arising from or related to these terms and conditions or the services. Arbitration prevents both parties from suing in court. Both parties will notify each other of any dispute within 30 (thirty) days of when it arises and attempt informal resolution before any demand for arbitration. Arbitration will be conducted confidentially in South Jakarta, Indonesia by Badan Arbitrase Nasional Indonesia (BANI Arbitration Center).

Except as expressly provided in these terms and conditions, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, whether the dispute is heard in arbitration or in court, no arbitration or claim under these terms and conditions will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the services, and neither you nor Volantis will commence against the other a class action, class arbitration, or other representative action or proceeding

Termination

If you fail, or Volantis suspects that you have failed, to comply with any of the provisions of these terms and conditions, Volantis at its sole discretion, without notice to you may: (i) immediately terminate your right to access and use the services and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) preclude access to the services (or any part thereof).

Restriction

You agree and covenant that neither your use of the services nor your products shall constitute or result in any of the restriction activities below. These restriction do not require Volantis to monitor, police or remove any product or other information submitted by you or any other user of the site or service. When using the site and the services, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Condone or encourage violence.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post violent, graphic or sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Upload hoax products which deceive, including though the use of deceptive products titles, descriptions or other metadata.
  • Post any materials which violate the trademark, copyright, patent, trade secret or other intellectual property rights, proprietary rights, rights of publicity or privacy, or other similar rights of any third-party.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use the services for any illegal, fraudulent, unethical or inappropriate purposes, including to boost search engine rankings.
  • Use any robot, spider, scraper or other automated means to access the site.
  • Submit, without the express written consent of the owner(s), any products that were created in violation of any restrictions imposed by the owner(s) of such things, including any restrictions prohibiting the use of any robot, spider, scraper or other automated means.
  • Post or transmit any material that encourages conduct that could constitute a criminal offense or give rise to civil liability.
  • Upload any information or content that contains viruses, worms, time bombs, trojan horse, or other harmful or malicious code, files, scripts, agents or programs that may damage the operation of the services or site or another's computer or mobile device.
  • Copy, adapt, hack, of reproduce the services;
  • Rent, lease, lend, sell, transfer or sublicense the services;
  • Modify, port, translate, or create derivative works of the services;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice or labels on or in the services;
  • Knowingly take any action that would cause the services or any part the services to be placed in the public domain;
  • Use the services in any manner that could interfere with, disrupt, negatively affect, or inhibit Volantis other users from fully enjoying the services or that could damage, disable, overburden, or impair the functioning of the services;
  • Take any action that imposes an unreasonable or disproportionately large load on the Volantis' infrastructure.
  • Alter the opinions or comments posted by others on the site. Download or copy the products for the purposes of creating a duplicate of the site or services or to create a competing site or to offer services that compete with the services.

This list of restrictions provides examples and is not complete or exclusive. Volantis reserves the right to (a) terminate access to your account, your ability to post to the site (or use the services) and (b) refuse, delete or remove your account and/or products; with or without cause and with or without notice, for any reason or no reason, or for any action that the Volantis determines is inappropriate or disruptive to the site or to any other party who accesses the site and/or services. Volantis may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Volantis’ discretion, Volantis will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the site or on the internet.

Unauthorized use of any materials, third-party content or Products contained on the site may violate certain laws and regulations

Company Rights

Volantis and its logo are trademarks of the company in the republic of indonesia. Unless otherwise specified, all information and screens appearing on the site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, and the apis and all related documentation are the sole property of the Volantis. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer

The use of this Service is at your sole risk. The Service provided on an “As Is” and “As Available” Basis. Volantis hereby disclaims all warranties and representations (expressed or implied, oral or written) with respect to these Terms, the Service, or any of Product provided via the Service. The Site (including any information and Product made available via the Site and Volantis’ Materials), Third-Party Infrastructure and Trademarks, whether alleged to arise by Operation of Law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement, and condition of the title.

To the fullest extent permitted by applicable law, Volantis does not warrant, and disclaims all of civil and criminal liability for (i) The completeness, accuracy, availability, timeliness, security, or reliability of the Service, any of the Product provided via the Service, the Site, or third-party trademarks; (ii) any harm to the Your computer system, loss of data, other harm that results from User access to or use of the Service and any API made available via the Service; (iii) The deletion of, or the failure to store or transmit, any User content and other Communications maintained by the Service; and (iv) whether the Service will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.

Intellectual Property

Volantis expects all User to the Site to respect the intellectual property rights of others and take the protections of those rights seriously. Infringing activity on the Site will not be tolerated. In line with this Terms, User must ensure that all Products submitted into the Site do not violate copyright laws. Volantis may, in appropriate circumstances and at its discretion, terminate service and/or access to the Site for User that are proven infringe the intellectual property rights of others.

Limitation of Liability

THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, SEARCHING, USING, FORKING, QUERYING, COMBINING, UPLOADING OR DOWNLOADING ANY SUBMISSIONS, OR MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Without limiting the generality of the foregoing, you agree that the company is not responsible for any loss arising out of, or in any way connected with: (a) delay or inability to access or use the Site and/or Services; (b) reliance on any Products or materials or the use of suggested links, tags or Products; (c) the transmission of any computer virus, however occurring; (d) any unauthorized access to, modification or alteration of Products or materials; (e) any information sent or received or not sent or received; (f) any transaction entered into through the site; (g) any infringement of rights, including intellectual property rights; (h) any threatening, defamatory, obscene, offensive, harmful, inappropriate or illegal Products, materials or conduct of any party; (i) any Products or materials sent by any third-party using and/or included in the Site and/or Services; (j) termination of your access to the Site or Services; (k) any delays, interruptions, inaccuracies, errors, omissions or cessation of services; (l) the removal or availability of any Products, materials and any derivatives thereof from the Site.

Entire Agreement

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Volantis’ failure to enforce any of these Terms is not a waiver of such Term. These Terms of Use, Privacy Policy and other documents incorporated herein by reference are the entire agreement between you and Volantis and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Volantis about the Site, Products submitted, the APIs and the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.