Terms of Services

Updated on: 27 May 2020.

Effective Date: 27 May 2020.

PLEASE READ THE ENTIRE TERMS OF SERVICE BEFORE ACCESSING OR USING OUR WEBSITES AND THE SERVICE(S).

This is an agreement between you or the entity that you represent (“You, Your or Yourself”) and PT Kaluga Media Asia (“We, Us, or Our”), a limited liability company duly established and legally operating under the laws of the Republic of Indonesia and domiciled in DKI Jakarta, Indonesia. This Terms of Service governs Your access and use of the website (www.RikiRhino.com, and other websites We manage), content and products provided by Us (hereinafter, collectively referred to as “RikiRhino.com”), as well as payment or use of the service available on www.RikiRhino.com, and other websites We manage.

By accessing or using the Service(s) or Websites, or authorizing or permitting any User or End-User to access or use the Service(s) or Websites, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You", “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.

  1. Acceptance of the Terms

  2. You must be of legal age (officially stamped on Privacy Policy) to enter into a binding agreement in order to accept the Terms. If You do not agree to the Terms, do not use any of our Services. You can accept the Terms by checking a checkbox or clicking on a button indicating Your acceptance of the terms, or by actually using our Services. Employees or affiliates of businesses offering Services that directly compete with any of RikiRhino.com’s Services are expressly prohibited from accessing any RikiRhino.com Services for competitive research or related activities.

  3. Services

    1. Beta Services

    2. We may offer certain Services as closed or open beta Services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that We have the sole authority and discretion to determine the period for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial Services. You will be under no obligation to acquire a subscription to use any paid Service as a result of Your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to You. You agree that RikiRhino.com will not be liable to You or any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

    3. Paid User Subscriptions

    4. Unless otherwise specified.

      Services are purchased as User subscriptions and may be accessed by no more than the specified number of Users.

  4. Restrictions on Use

  5. You shall not:

    1. Use the third-party links to sites without agreeing to their Website terms & conditions
    2. Post links to third party sites or use their logo, company name, etc. without their prior written permission or
    3. Use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another.
    4. Use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email.

    We reserve the right to terminate Your access to the Services if there are reasonable grounds to believe that You have used the Services for any illegal or unauthorized activity.

  6. Obligations of User

    1. Prerequisites

    2. You are responsible for obtaining access to the Internet and the respective equipment necessary to use the Services.

    3. User Sign up Obligations

    4. You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to:

      1. provide true, accurate, current and complete information about yourself as prompted by the sign-up process.
      2. maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.

      If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Rhikirhino.com has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, RikiRhino.com may terminate your user account and refuse current or future use of any or all of the Services.

    5. Transmitted Content

    6. You agree to be solely responsible for the contents of Your transmissions through the Services.

    7. Privacy Policy

    8. User Data You provide to RikiRhino.com through the Service is governed by RikiRhino.com Privacy Policy. Your election to use the Service indicates Your acceptance of the terms of the RikiRhino.com Privacy Policy.

    9. Secure use

    10. You are responsible for the secure use of the Services. This includes securing Your account authentication credentials, protecting the security of Your data when in transit to and from the Services and taking any appropriate steps to securely encrypt or export any of Your data uploaded to the Services. You are additionally responsible for ensuring that You do not accidentally make any private content publicly available.

      You agree to use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify us promptly of any such unauthorized access or use.

    11. Legality of data

    12. You shall be responsible for the accuracy, quality, and legality of Your Data and the means by which You acquired Your data.

    13. Compliance with local laws

    14. You agree to use Services only in accordance with the documentation and applicable laws and government regulations.

    15. Other Users compliance

    16. If You are agreeing on behalf of Your business, You will be responsible for the compliance of other users on the account with this agreement.

      If any users on Your subscription violate the terms of this agreement, RikiRhino.com may terminate Your subscription and refuse the current or future use of any or all of the Services.

  7. Obligations of RikiRhino.com

    1. Security

    2. RikiRhino.com will maintain administrative and technical safeguards for the protection of the security, confidentiality, and integrity of Your Data. Those safeguards will include, but are not limited to measures for preventing access, use, modification or disclosure of Your data by our personnel, except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by law in accordance with the “Confidentiality: Compelled Disclosure” section below, or (c) as expressly permitted in writing by You.

    3. Privacy of User Data

    4. RikiRhino.com commits to safeguarding the personal information relating to the individual users of the service and agrees to the terms defined in the Privacy Policy.

    5. Availability

    6. We will use commercially reasonable efforts to make the online purchased Services available 24 hours a day, 7 days a Week, except for :

      1. planned downtime (of which We shall give advance electronic notice),
      2. any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving Our employees), Infrastructure or Internet service provider failure or delay, Non-RikiRhino.com, or denial of service attack.
  8. Fees, Payments, Cancellations, & Refunds

    1. Automatic renewal & Fee revision

    2. If You activate the paid subscription, and at the end of each RikiRhino.com subscription period, subscriptions are automatically renewed and payment is processed using the payment method entered in the RikiRhino.com Billing section. We reserve the right to modify subscription fees and to charge for the use of Services that are currently available free of charge.

    3. Invoicing and Payment Details

    4. Fees will be invoiced monthly in arrears and otherwise in accordance with the relevant Order Form. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

    5. Payment by Credit Card

    6. If You are paying by credit card, You authorize us to charge Your credit card for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of Your payment information to such third party.

    7. Payment Retries and Account Suspension

    8. If RikiRhino.com is not able to process payment for an invoice, We will wait for the next 14 days. If payment is not received within 14 days, We will put the account in the suspended state, for the next 15 days. To re-activate Your account, You can simply pay the outstanding invoice(s). If Your account has not been activated within 75 days of suspension, Your instance will be deleted. An archive will be available for another 30 days.

    9. Cancellations

    10. You can discontinue this subscription at any time through the aforementioned Billing section. Cancellations that are made prior to the end of any subscription period will stop the automatic renewal of Your RikiRhino.com subscription at the end of the subscription period. Your account will remain active until the end of the subscription period that has already been paid for. You will not be charged for using any Service unless You have opted-in for a paid subscription plan.

    11. Payment Disputes

    12. RikiRhino.com will review and respond to payment disputes submitted to billing@bataviapictures.com address. However, We will not exercise our rights under the “Payment Retries and Account Suspension” section above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

    13. Future Functionality

    14. You agree that Your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

  9. Subscription Term, Termination, & Suspension

    1. Term and Renewal

    2. Your initial subscription period will be specified in Your Order, and Your subscription will automatically renew for the shorter of the subscription period or one year. To prevent a renewal of the subscription, You must cancel the subscription. If You add products during the Subscription Term, the fees for these additional products will be prorated and they will renew along with Your subscription unless otherwise indicated in Your Order.

    3. Suspension and Termination of Paid Accounts

    4. We may suspend Your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@RikiRhino.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate Your user account on Your request. In addition, We reserve the right to terminate Your user account and deny the Services upon reasonable belief that You have violated the Terms and to terminate Your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in Your user account such as Your e-mail address and password and deletion of all data in Your user account.

    5. Suspension and Termination of Free Services

    6. We may suspend, limit, or terminate Free Services that we provide at any time without notice. If you don't log into your account for 90 days, we deem your account "inactive" and reserve the right to terminate your account, and delete your users and data.

  10. Data Ownership

    1. Data Ownership

    2. We respect Your right to ownership of content and data created or stored by You. You own the content created or stored by You. Unless specifically permitted by You, Your use of the Services does not grant RikiRhino.com or any of its partners the license to use, reproduce, adapt, modify, publish or distribute the content created by You or stored in Your user account for RikiRhino.com’s commercial, marketing or any similar purpose. But You grant RikiRhino.com permission to access, copy, store, reformat, the content of Your user account solely as required for the purpose of providing the Services to You.

    3. Sample files and Applications

    4. We may provide sample data and files for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. RikiRhino.com makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

  11. Communications from RikiRhino.com

  12. The Service may include certain communications from RikiRhino.com, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide You total privacy, We also provide You the option of opting out from receiving newsletters from us. However, You will not be able to opt-out from receiving service announcements and administrative messages.

  13. Confidentiality

    1. Confidential Information

    2. Your Confidential Information includes Your Data; Our Confidential Information includes our Services; and Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that

      1. is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party,
      2. was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party,
      3. is received from a third party without breach of any obligation owed to the Disclosing Party, or
      4. was independently developed by the Receiving Party.
    3. Protection of Confidential Information

    4. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care)

      1. not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and
      2. except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party will disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates, legal counsel without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsel or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this “Confidentiality” section.
    5. Compelled Disclosure

    6. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.

  14. Customer Data Storage and Deletion Policy

    1. Paid Accounts

    2. Data in Paid Accounts that are cancelled or with payment overdue. If for any reason We are unable to successfully bill Your preferred payment method, We reserve the right to suspend access to Your account within 15 days of the failed billing attempt, and to delete Your account, users, and all associated data within 90 days of the first failed billing attempt.

    3. Forever Free Accounts

    4. If You don’t log in to Your account for 90 days or more, We reserve the right to treat Your account as “inactive” and permanently delete Your account and all data associated with it.

  15. Modification of Terms of Service

  16. We may modify the Terms upon notice to You at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the Website terms-of-service. You may terminate Your use of the Services if the Terms are modified in a manner that substantially affects Your rights in connection with the use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be Your agreement to the amended Terms.

  17. Trademark

  18. RikiRhino.com and RikiRhino.com logo, are trademarks of PT. Kaluga Media Asia . You agree not to display or use, in any manner, the RikiRhino.com trademarks, without RikiRhino.com’s prior consent.

  19. Unauthorized Copying is Against the Law

  20. Making unauthorized copies of copyrighted movie and other websites we manage is against the law and may subject you to civil and criminal liability. A civil lawsuit could hold you responsible for millions of dollars in damages. Criminal charges may leave you with a felony record, accompanied by up to ten years of jail time and fines up to $1,000,000. Regardless of the format at issue, the same basic principle applies: movie recordings may not be copied or distributed without the permission from PT Kaluga Media Asia.

  21. Disclaimer of Warranties

  22. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. RIKIRHINO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RIKIRHINO.COM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM RIKIRHINO.COM, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  23. Limitation of Liability

    1. Limits to Liability

    2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RIKIRHINO.COM AND ITS AFFILIATES TO YOU AND YOUR AFFILIATES IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT YOUR AND YOUR AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE

    3. Exclusion of Consequential and Related Damages

    4. YOU AGREE THAT RIKIRHINO.COM SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF RIKIRHINO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  24. Indemnification

  25. You agree to indemnify and hold harmless RikiRhino.com, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to Your use of the Services, except where such use is authorized by RikiRhino.com.

  26. Manner of Giving Notice

  27. All notices, permissions, and approvals hereunder shall be in writing and shall be deemed to have been given upon :

    1. personal delivery,
    2. the second business day after mailing,
    3. the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnifiable claim). Billing-related notices to You shall be addressed to the relevant billing contact designated by You. All other notices to You shall be addressed to the relevant administrators designated by You.

    Notices should be sent to :

    Email :

    Billing Queries: billing@bataviapictures.com

    General Counsel: legal@bataviapictures.com

    To reach by mail:

    PT. Kaluga Media Asia, Jl. P. Antasari No.55, Cipete Utara, Kota Jakarta Selatan, Daerah Khusus Ibukota Jakarta 12430

  28. End of Terms of Service

  29. Contact us for any queries pertaining to this agreement. Reach us at legal@bataviapictures.com