AnakSerak Terms of Service
Welcome to the AnakSerak Page on Film Festival Flix (referred to herein as the “AnakSerak” or the “Site”). These Terms of Service are the terms and conditions under which authorized users of the Site (“you” or “User”) may use the Site, the functionality, content and services offered to you by AnakSerak (“AnakSerak,” “we” or “us”) on or through the Site. Please read these pages carefully. If you do not accept these Terms of Service, do not use this Site and service. Any use by you of this Site or related services indicates your acceptance of and agreement to be bound by these Terms of Service, as amended and in effect from time to time. We may amend or modify these Terms of Service at any time with or without notice to you, so you should visit this page periodically to review the most current version.
1.0 Intended Use of the Site
1.1 The Site may only be accessed and used by:
1.1.1 Only REGISTERED AnakSerak Students will be recognized by the International Pencak Silat Federation, Pentjak Silat USA. Any student(s) caught distributing unauthorized copies, will have their membership and all associated rights terminated with no refund. Violators will be prosecuted to the full extent of the law!
1.1.2 AnakSerak: AnakSerak is the central website, distributor of the AnakSerak Instructional Video Series, and distributor of AnakSerak logo wear and equipment.
1.1.3 Students (Perspective and Existing): Candidates who are registered members of AnakSerak.com who (a) will have completed personal and other required information and (b) have purchased the AnakSerak service through the registration process. All Students shall be at least thirteen (13) years old, or participating with parental supervision. Those who are under the age of 18 must have written parental permission prior to participation (See Section 1.2).
1.1.4 International Pencak Silat Federation, Pentjak Silat USA: Established in the United States of America in 1990 for the purpose of unifying and preserving the system, fundamentals as well as the various expressions of the Indonesian martial art and incorporated as a non profit corporation (501)(3c) in the state of California in 1993.
1.1.5 MouseTrap Films, LLC: Producer of the AnakSerak Instructional Video Series.
1.2. Minors Policy and Procedure: All Performers shall be at least thirteen (13) years old, unless participating with parental supervision. Those who are under the age of eighteen (18) years old as of the date they first go to AnakSerak, intending to register for instruction, will be required to provide written parental permission prior to receiving access to this Site. All participants will be required to provide their date of birth. Instructions for submitting parental permission will be provided online at AnakSerak.
1.3 Each User will generate a unique password, which will enable such User (and only such User) to access and use those portions of the Site that they are authorized to use. You are responsible for maintaining the confidentiality and security of your password, and for all uses of your password or registration and all activities that occur under your password or account, whether or not authorized by you. Passwords are subject to cancellation or suspension by AnakSerak upon the misuse of any password by any User. You agree to use your best efforts to prevent any third party from obtaining your password, and to inform us immediately of any actual or potential unauthorized use of or access to your password or to the Site.
2.0 Acceptable Use of the Site
2.1 The Site may only be used for lawful purposes to (a) Purchase the AnakSerak Video Series packages or individual instructional videos offered on the site (b) obtain educational or event information, register for events, and purchase educational and entertainment materials, and equipment / wear. Users shall only access and use the content, features and functionality of the Site, which their password permits them to access and use. All Users are required to adhere to these Terms of Service, including the following requirements and guidelines:
2.2 Legal Compliance & Posting Limitations. Users must use the Site in accordance with all applicable international, federal, state and local laws, and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law.
2.3 Site Security and Integrity. Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site or its content in any way. Nor may any User violate or attempt to violate any intellectual property associated with this Site or its contents.
2.4 Violations of system or network security may result in civil or criminal liability. AnakSerak will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
2.5 No Unpermitted Commercial Activity. This Site may not be used for purposes of or to further any commercial activity other than those described in the first sentence of this Section entitled “Acceptable Use of Site,” without the prior written consent of AnakSerak. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, “spam,” chain letters or any other form of solicitation without the prior written consent of AnakSerak is strictly prohibited.
2.6 Appropriate Communications. There are risks, including but not limited to the risk of physical harm, of dealing and communicating with strangers, with persons outside the jurisdiction of the United States, with minors or with persons acting under false pretenses. User assumes all risks associated with such dealing or communications and with the use of the Site generally.
2.7 No Resale of Content or Services. Users are strictly prohibited from, and agree to refrain from, reproducing, duplicating, copying, selling, reselling, trading or otherwise distributing or exploiting for any commercial purposes the Site or its content or any portion, access to or use of the Site or the Content or any portion, or any of the related services offered on the Site.
3.0 User Information
3.2 AnakSerak may also gather and compile information and data about our Users and their usage of the Site on a collective basis and in a manner which does not disclose or reveal any personally identifiable information about individual Users. You understand, acknowledge and agree that we are the sole owners of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we deem appropriate so long as it does not contain personally identifiable information about our Users.
4.0 User-Submitted Content
4.1 You warrant that all information entered is true, accurate, and does not violate the rights of any third party. Users are solely responsible for any and all content and communications that they post or transmit to the Site or to any User of the Site, as well as for the consequences of such postings and transmissions.
4.2 AnakSerak reserves the right (but shall have no obligation) to investigate any reported or suspected violation of these Terms of Service and to edit or remove any content or communication that violates these Terms of Service or that AnakSerak may in its sole discretion determine to be inappropriate for any reason whatsoever; provided, however, that AnakSerak shall have no liability or responsibility to Users for performance or nonperformance of such activities. Any decision by AnakSerak to edit or remove any content shall be final, binding and not subject to debate or refund. AnakSerak reserves the right to expel Users and prevent their further access to the Site for violating these Terms of Service or the law, and may take any action with respect to User-submitted information that AnakSerak deems necessary or appropriate in its sole discretion if AnakSerak believes it may create liability for AnakSerak or may cause AnakSerak to lose (in whole or in part) the services of its ISPs or other suppliers.
4.3 By submitting or posting any content to any area of the Site, you grant AnakSerak and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for the purposes contemplated by the Site. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
5.0 Third Party Content and Links,/Strong>
5.1 The Site provides content and material from, and links and references to, web sites of third parties and other third party resources not controlled by AnakSerak (collectively, “Third Party Content”). You acknowledge and agree that AnakSerak neither endorses nor is responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party. Under no circumstances will AnakSerak be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site. Nothing on the Site shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party’s qualifications, services, products, offerings, information or any other content.
6.1 AnakSerak may, in its sole discretion, terminate your password, account (or any part thereof) or access to or use of the Site or Services, or remove or discard any content within the Site, for any reason, including, without limitation, your failure to pay any fees or other amount due to AnakSerak or if AnakSerak believes that you have breached or violated or acted inconsistently with the letter or spirit of these Terms of Service or any agreement between you and AnakSerak. AnakSerak may also in its sole discretion and at any time discontinue providing the Site or any related services, or any part, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that AnakSerak may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that AnakSerak shall not be liable to you or any third party for any termination of your access to the Site or any related services.
7.0 AnakSerak and Third Party Proprietary Rights
7.1 The contents of the Site, including, but not limited to, its look and feel, text, graphics, icons, logos, buttons and images and any and all software used on or incorporated in the Site (collectively, the “Site Content”), are protected under United States and foreign copyright, trademark, patent, trade secret and other laws. All Site Content is the property of AnakSerak or its suppliers, participating employers or business partners. The compilation (meaning the collection, arrangement and assembly) of the Site Content is the exclusive property of AnakSerak and is protected by United States and international copyright laws. Unauthorized use of the Site Content may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Site Content on any copy you make of such material. You may not (a) sell or modify the Site Content; (b) modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site, or (c) reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose. The use of the Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
7.2 AnakSerak, the AnakSerak logo or design, and other AnakSerak product and service names and logos are all trademarks of AnakSerak (collectively, the ” AnakSerak Marks”). You agree that you will not, without the prior written consent of AnakSerak, display or use any of the AnakSerak Marks in any manner. The Site also contains many third-party trademarks and service marks, which may include participating employers and business partners. All marks are the property of their respective holders.
8.0 Disclaimer of Warranties
8.1 All Users expressly understand and agree that:
8.1.1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SITE CONTENT AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANAK SERAK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.1.2 ANAK SERAK MAKES NO WARRANTY THAT (I) THE SITE OR ANY RELATED SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, (IV) THAT THE SITE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (V) ANAK SERAK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE OR ANY SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
8.1.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.1.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANAK SERAK OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
9.0 LIMITATION OF LIABILITY
9.1 IN NO EVENT SHALL ANAK SERAK BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL, DAMAGES OF ANY KIND — INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA — ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER ANAK SERAK WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF ANY OF THESE.
9.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.1 You agree to defend, indemnify and hold harmless AnakSerak and each of its officers, directors, employees and agents from and against any and all damages, liabilities, claims, demands, costs and expenses, including but not limited to, reasonable attorneys’ fees, resulting from your (i) use or misuse of the Site, (ii) violation of these Terms of Service (as amended and in effect from time to time), (iii) conduct, communication or interaction with any other user of the Site or any of your other activities on the Site, or (iv) violation of the rights of any other User of the Site or any other person or entity. Use of this Site is at your own risk.
11.0 PROPRIETARY INFORMATION AND COPYRIGHT POLICY
11.1 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.