Drama-Hits User Terms & Conditions

(hereinafter referred to as the “General Terms”)

Any and all of these terms and conditions, guidelines, notices, information, rules, policies, and instructions relating to the use of the Services and/or access to the Drama-Hits Platform, as well as any additions and amendments thereto, from time to time, made by Drama-Hits, including but not limited to third-party rules related to payment methods as applicable, are collectively referred to as the “General Terms.” These General Terms, the Drama-Hits Terms, the Privacy Policy, and any other terms or policies governing the Services are collectively referred to as the “Terms and Conditions,” and constitute an inseparable and integral part of one another.

THE CONTINUOUS USE OF THE Drama-Hits PLATFORM AND/OR SERVICES BY THE USER VOLUNTARILY, INCLUDING ELECTRONIC RECORDS THEREOF, CONSTITUTES A BINDING AGREEMENT BETWEEN THE USER AND Drama-Hits. THE USER AGREES THAT THESE GENERAL TERMS CONSTITUTE A VALID AGREEMENT AND DO NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURE. Users are prohibited, by any means, from using, accessing, or attempting to use/access, in an unauthorized or illegal manner, whether through unlawful acts and/or without permission, the Drama-Hits Platform and/or these Services and/or any other information protected by Drama-Hits. Any violation of this provision constitutes a breach based on the laws and regulations applicable in the Republic of Indonesia.

If the User does not agree to these General Terms, the User may at any time cease accessing and/or using the Drama-Hits Platform, although Drama-Hits would be sorry to see the User go.

1. Definitions

In these General Terms and Conditions, unless specified otherwise, the following terms shall have the meanings set forth below: You or User means any party (registered or unregistered) accessing the Drama-Hits Platform, including but not limited to Content Partners, offline users (as applicable), or any party required to comply with these General Terms and Conditions along with other provisions, including but not limited to the Privacy Policy.

We or Drama-Hits means PT Digdaya Duta Digital, a limited liability company established under the laws of the Republic of Indonesia, having its address at Cyber 2 Tower 7th Floor, Setia Budi, Jl. H.R Rasuna Said Kav. X5, Kuningan Timur, Setiabudi, South Jakarta 12950, Indonesia, which legally owns and operates the Drama-Hits Platform.

Tentu, berikut adalah terjemahan untuk bagian selanjutnya agar tetap selaras dengan terminologi hukum internasional:

Digdaya Duta Digital means PT Digdaya Duta Digital, including its affiliated companies under which Drama-Hits operates as a service. Intellectual Property Rights means trademarks, service marks, trade and business names, design rights, patents, copyrights, moral rights, and rights in expertise (know-how), as well as other intellectual property rights, in each case whether registered or unregistered, including the granting of the aforementioned rights and all rights or forms of protection having an equivalent or similar effect to any of the aforementioned. Advertisement means the promotion of products, brands, or services of Drama-Hits or other third parties in any form within the Drama-Hits Platform to Users to generate interest, engagement, and sales.

Content means any digital content, whether in the form of text, graphics, photos, videos, films, series, television streaming, sound, music, audio-visual combinations, or other materials uploaded or displayed on the Drama-Hits Platform as part of the Services that have been curated by Drama-Hits (non-user generated content).

Services means the broadcasting of Content via the internet, both paid and unpaid (advertising-based), and displaying it through live streaming or video-on-demand (VOD) on websites, m-sites, mobile applications, or in other forms where the Platform can be accessed by Users, including other distribution channels owned by or in collaboration with Drama-Hits, as well as other services provided by Drama-Hits within the Platform.

Content Partner means any individual, company, and authorized User who owns an online channel or a specific account that has been verified and registered on the Drama-Hits Platform, which has an account name and can be operated by them directly or by an authorized third party.

Platform or Drama-Hits Platform means the provider of Services through the website www.Drama-Hits.com and/or the Drama-Hits over-the-top (OTT) application, which can be accessed by Users through, including but not limited to, computers, mobile devices, tablet devices, internet-connected televisions, and other devices, as well as an interactive video-sharing platform operated and owned by Drama-Hits. Microdrama means a paid short-form video streaming service containing exclusive content such as original series, as well as national and international short dramas.

Territory means the region where the Content Services can be enjoyed by Users as determined solely by Drama-Hits.

2. Services

To enjoy the Services, you must have internet access, a data plan (as applicable), and a compatible device.

A. Content

  1. In providing the Services, Drama-Hits collaborates with Content Partners, production houses, creators, owners, and legitimate licensees of the Content. Drama-Hits also produces in-house or holds exclusive rights to certain Content, referred to as “Drama-Hits Originals.”
  2. Drama-Hits Content or Services can be accessed:
    • for free with Advertisements (advertising-based video on demand - AVOD); or
    • through Drama-Hits subscription packages according to the selected plan, always subject to the Drama-Hits Terms (subscription-based video on demand - SVOD); or
    • via a pay-per-view model with or without Advertisements; or
    • Transactional Video On Demand (TVOD); or
    • a combination of the aforementioned models; or
    • other models to be determined at a later date.
  3. Responsibility for Content uploaded by Content Partners onto the Drama-Hits Platform rests entirely with the Content Partner, although Drama-Hits may conduct periodic curation and reviews. Drama-Hits reserves the right, at its sole discretion and in accordance with applicable laws, to review, restrict, remove, or refuse the broadcasting of Content suspected of violating these General Terms, Drama-Hits' internal policies, or prevailing laws and regulations. Such actions do not prejudice Drama-Hits' right to take further legal steps if necessary.
  4. Users may access and enjoy the Services within the Territory, or outside the Territory as implemented by Drama-Hits at its sole discretion. Drama-Hits, at its sole discretion, may monitor your access in using the Drama-Hits Platform Services, and Drama-Hits reserves the right to implement geoblocking on any part of the Services so that the Services can only be broadcast or enjoyed by Users within the Territory.
  5. Drama-Hits continually strives to innovate and improve the Services. Therefore, Drama-Hits reserves the right, at its sole discretion, to add or remove any features, Content, and Services. Drama-Hits also reserves the right, at its sole discretion, to suspend or terminate part or all of the Services for all or individual Users.

B. License

  1. Always subject to the General Terms, during your use of the Services within the Drama-Hits Platform, you are granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to enjoy the Services within the Drama-Hits Platform and to enjoy the Content solely for personal and non-commercial purposes.
  2. The use of the Services is entirely your responsibility and may only be used by you. If you allow other parties to use or access the Services and/or Content using your information, you hereby release Drama-Hits from any form of liability in the event of unauthorized or unlicensed use of your information or disclosure of your identity, and any risks arising therefrom shall be entirely your responsibility.
  3. Regarding all Content and Services, we do not permit the use of embedded players (embed player) by other platforms or media, whether via websites, applications, or any other means, without prior written consent from Drama-Hits.

C. Restrictions

  1. Users are not permitted, in any manner or form, to use the Drama-Hits Platform, Services, and/or Content to:
    • pirate, reproduce, copy, duplicate, distribute, sell, transmit, commercially exploit, or illegally restream Content without permission, or create any derivative works or materials derived from or based on the Content;
    • access the Platform, Services, or Content for commercial purposes, including but not limited to sharing or reselling your Drama-Hits account and/or password to other parties;
    • reverse engineer, perform data mining, or access Drama-Hits software, or execute any programs that may harm or hinder the operation and/or performance of the Platform;
    • access the Platform, Services, or Content through any manual device or automated means, including "robots," "spiders," or "offline readers," for any purpose that may harm Drama-Hits;
    • upload anything containing software viruses, worms, Trojan horses, or other malicious computer code, documents/files, scripts, agents, or programs;
    • post, upload, transmit, or link to content related to pornography, religion, racism, sarcasm, insults, misleading information, defamation, hate speech, discrimination, harassment, harm to other parties, or any other immoral acts;
    • exploit or harm minors;
    • engage in any unlawful acts that damage or could potentially damage the reputation of or cause loss to Drama-Hits;
    • perform any other actions other than those explicitly permitted in these General Terms.
  2. Drama-Hits reserves the right to investigate, take prompt and rapid responsive action, and/or initiate legal measures of any kind regarding any suspected violations as mentioned in provision (i) above, to the extent permitted by law, including but not limited to terminating, canceling, or suspending the User’s use of Drama-Hits Services (and their account), as well as taking any legal steps in accordance with applicable laws and regulations, both civil and criminal. Drama-Hits reserves the right to monitor your access or use of the Drama-Hits Platform to ensure your compliance with these General Terms, or to comply with applicable regulations or orders or requirements from a court, administrative agency, or other authorized bodies.

3. Intellectual Property Rights

  1. Drama-Hits (and its licensors or Content Partners, as applicable) holds, either exclusively or non-exclusively, all rights or licenses, titles, and interests in and to the Services, Content, and all Intellectual Property Rights contained therein.
  2. No rights, titles, or interests in the Platform, Services, or any Content shall be deemed or construed to be transferred to the User, whether implicitly or explicitly, except for the permissions expressly granted within these General Terms.
  3. Any attempted or actual violation of these provisions will result in the termination of all your rights under these General Terms. Drama-Hits also reserves the right to take any action to the fullest extent permitted by law to protect the interests of Drama-Hits and its licensors, including but not limited to the termination of the User's account and/or the provision of Services, police reports, cease and desist notices, and claims or lawsuits in court.

4. Use of the Drama-Hits Platform Services

  1. Your use of the Drama-Hits Platform and its Services is subject to your compliance with these General Terms, the Drama-Hits Terms, the Privacy Policy, and all applicable laws and regulations.
  2. The use of Drama-Hits Services is limited to legitimate Users who are of legal adult age and who possess the legal capacity to enter into agreements/contracts and perform legal acts under applicable laws and regulations (“User Requirements”). If you do not meet the User Requirements, you must obtain consent from your parent or guardian, and may only use the Services under the supervision of said parent or guardian. Any acceptance or consent by a parent/guardian to these General Terms constitutes their agreement to take responsibility for (i) your actions; (ii) costs associated with the use of any Services; and (iii) your acceptance of and compliance with these General Terms. If you do not have permission from a parent or guardian, you must stop using/accessing the Drama-Hits Platform and cease using these Services.
  3. Upon entering the Drama-Hits Services, we reserve the right to request, collect, and process your personal information, such as but not limited to your name, electronic mail address (e-mail), and mobile phone number when you register. You must provide accurate and complete information, update said information, and agree to provide us with any proof of identity that we may reasonably request. If there are changes to the personal information you have provided to us, you may perform an update by submitting a request to us. We will, to the extent possible, implement the requested changes within 3 x 24 hours of receiving the notification of change.
  4. By using the Services within the Drama-Hits Platform, you represent and warrant the truth of all your personal information, and that the registration data you provide to Drama-Hits is true, complete, and accurate in every respect. Should there be changes to your data and information in the future, you agree to immediately update your registration data on the Drama-Hits Platform. In the event that your account is hacked or you lose your phone, you must inform us of such occurrence so that we can immediately deactivate your account to prevent misuse by other parties. Please note that you are responsible for the use of your account and may be held liable if said account is misused by other parties.

5. Drama-Hits Services, Other Services & Payment Methods

  1. You may enjoy part or all of the Content available on the Drama-Hits Platform by subscribing to Drama-Hits subscription packages or other available Service registrations. For this purpose, you are required to make payments for said Drama-Hits subscription packages or other available Services, and you may be requested to pay subscription fees or other Services through the payment methods available from time to time (“Payment Methods”).
  2. You agree that Payment Methods may involve third parties outside of Drama-Hits, and in the event you use any of the Payment Methods, you agree to also be bound by and are obliged to comply with all terms and conditions required by such third parties (as relevant).
  3. In implementing Payment Methods, third parties may request information necessary for such payments, including but not limited to credit card details, account numbers, and other relevant information (“Payment Information”). You are responsible for the accuracy and authenticity of the Payment Information you provide. You represent and warrant that you hold the rights to the Payment Information you submit. You agree and acknowledge that Drama-Hits shall not be liable and holds absolutely no responsibility for any losses, whether direct, indirect, incidental, or consequential, including without limitation any losses due to delays in processing payment instructions or credit card fraud, including chargebacks imposed by the credit card issuer.
  4. You agree that if you subscribe to a Drama-Hits subscription package using a credit card as the Payment Method, your subscription package will be automatically renewed unless canceled by you.
  5. Drama-Hits subscription fees are subject to all applicable taxes, including Value Added Tax (VAT).
  6. Matters relating to claims, refunds, and cancellations of package purchases shall always be subject to the Drama-Hits Terms.
  7. You may change your Payment Method when your subscription package expires. Furthermore, you can check the status of your Drama-Hits subscription package at any time via the “My Subscription” page at https://www.Drama-Hits.com/dashboard/transaction/histories.

6. Advertisements, Promotions and Games

  1. You acknowledge and understand that the Services on the Drama-Hits Platform may be monetized or featured with advertisements (Ads) by Drama-Hits; however, Drama-Hits does not guarantee the veracity or quality of the products or goods advertised therein. You agree and acknowledge that Drama-Hits does not endorse or sponsor third-party sites, content, advertisements, or other materials on such third-party sites.
  2. You understand and agree that Drama-Hits may process and use your Personal Data for marketing, promotional, and service development purposes, provided this is done in accordance with the Drama-Hits Privacy Policy and applicable laws and regulations. Such use includes providing relevant promotional information and may involve third parties collaborating with Drama-Hits under adequate confidentiality and data protection agreements.
  3. Drama-Hits may notify you of additional terms and conditions, from time to time, in connection with:
    • your participation in any contest, game, or other promotion on the Drama-Hits Platform and/or its affiliates and/or any third-party partners collaborating with Drama-Hits, always subject to the “Drama-Hits Games Terms” or “Drama-Hits Arcade Terms”; and/or,
    • co-watching activities (watch parties) of Content to the extent permitted by Drama-Hits (collectively referred to as "Additional Terms and Conditions"). If such Additional Terms and Conditions conflict with these Drama-Hits General Terms, the provisions contained in the Additional Terms and Conditions shall govern and prevail to the extent of such discrepancy.
  4. For the avoidance of doubt, nothing within the Services, the Drama-Hits Platform, or these General Terms shall be interpreted or deemed as being sponsored by Apple, Google, Android, or any other entities not affiliated with Drama-Hits, unless expressly stated in the relevant Additional Terms and Conditions.

7. Third-Party Cookies

  1. Throughout your journey on Drama-Hits, you may encounter several cookies that are not related to Drama-Hits. Third-party cookies are cookies set by a domain other than the Drama-Hits Platform. If you visit the Drama-Hits Platform and another entity sets a cookie through the Drama-Hits Platform, this is referred to as a "third-party cookie."
  2. To support Drama-Hits Services, these third-party cookies may track your usage of the Drama-Hits site. Third-party companies, such as analytics firms and ad-based networks, use cookies to collect user information anonymously. Cookies may be used to create a profile of your activities on Drama-Hits Services and other websites you have visited. Drama-Hits does not control the dissemination of these cookies, and you should check the relevant third-party website for further information. If you continue without changing your settings, Drama-Hits will assume that you accept and permit all cookies generated by Drama-Hits. However, you may change your cookie settings at any time.
  3. You are free to adjust your browser/device settings to block the use of third-party cookies. This may have an impact on the functionality of the Platform or parts thereof.

8. Cookies Policy

  1. Cookies are typically small text files, assigned with ID tags that are stored in your computer's browser directory or program data subfolders. Cookies are created when you use a browser to visit a website that uses cookies to track your movements within the site, helping you resume where you left off, remembering registered login data, theme selections, preferences, and other customization functions. The website stores a corresponding file (with the same ID tag) to the one they set in your browser, and within this file, they can track and store information about your movements within the site and any information you may voluntarily provide while visiting the website, such as an email address.
  2. This information is used to track visitor usage of the site and to compile statistical reports on site activity. For more information about cookies, visit www.aboutcookies.org or www.allaboutcookies.org.
  3. Cookies may also be used to collect aggregate information about the most frequently visited Drama-Hits Services. Traffic information may also be used to improve site content and make your use of Drama-Hits Services easier.
  4. Information obtained through the use of cookies may be combined with other personal data information relating to the User in certain circumstances, where the User voluntarily provides personal data information or when registering/subscribing to Drama-Hits Services, and the User consents to this.
  5. If you wish to decline Drama-Hits cookies, you can configure your browser/device to do so. However, if you do not enable cookies, you may not be able to access important functions or features of the Platform, and your use of the Platform may be limited.

9. Representations and Warranties

  1. Drama-Hits provides the Services using a reasonable level of service and maintenance, with the expectation that you can enjoy the Services comfortably.
  2. OTHER THAN AS EXPRESSLY SET FORTH IN THESE GENERAL TERMS, Drama-Hits EXPRESSLY MAKES NO COMMITMENTS REGARDING THE CONTENT WITHIN THE SERVICES OR ANY SPECIFIC FUNCTIONALITY, RESPONSIBILITY, AVAILABILITY, AND ABILITY OF THE SERVICES TO MEET YOUR NEEDS. Drama-Hits PROVIDES THE SERVICES "AS IS."
  3. The User acknowledges that any information and materials provided by or through the Drama-Hits Platform and the Services therein may contain inaccuracies or errors, and Drama-Hits expressly excludes liability for such inaccuracies or errors to the fullest extent permitted by applicable law. Any links found on the Drama-Hits Platform are provided for the User's convenience to provide further information. This does not signify that Drama-Hits endorses or sponsors the content, and Drama-Hits holds no responsibility for the content of any external links.

10. Indemnification and Limitation of Liability

  1. The User agrees to release, defend, and indemnify Drama-Hits, along with its directors, officers, and employees, from any and all claims, demands, losses, liabilities, costs, and/or damages arising out of or in connection with: (i) the User's breach of these General Terms; (ii) any unlawful use of the Services; or (iii) the User's violation of any third-party rights.
  2. This indemnification and release provision applies to the fullest extent permitted by applicable law and shall not apply if such losses are directly caused by fraud, gross negligence, or willful misconduct committed by Drama-Hits.
  3. Drama-Hits is not responsible for any losses, demands, or claims arising from the actions, omissions, or deeds of the User performed outside the use of the Services or which have no direct relationship with the Drama-Hits Platform. In such cases, all responsibility rests entirely with the User, and the User hereby releases and discharges Drama-Hits, along with its directors, officers, employees, and affiliates, from any claims, losses, or risks arising therefrom, to the extent permitted by applicable law.
  4. To the extent permitted by applicable law, the total liability of Drama-Hits to the User for any claims arising out of or in connection with the use of the Services shall not exceed the amount of the subscription fee paid by the User in the 1 (one) month immediately preceding the occurrence of such claim.
  5. This limitation of liability shall not apply in the event of willful misconduct or gross negligence committed by Drama-Hits.

11. Breach of Use and Termination of Services

  1. Drama-Hits reserves the right, at its sole discretion and in accordance with applicable laws, to suspend, restrict, reduce, or terminate the User's access to the Services, either temporarily or permanently, if the User is reasonably suspected of violating these General Terms, other Terms and Conditions, or applicable laws and regulations. The termination or restriction of access does not waive any User obligations that arose prior to the date of termination.
  2. In the event of an emergency or suspected legal violation, such actions may be taken without prior notice.
  3. The User understands and agrees that such actions are taken to protect the interests of Drama-Hits, other Users, and/or third parties. Provided that such actions are carried out in accordance with these Terms and applicable law, the User shall not be entitled to claim damages.
  4. In the event of termination for any reason whatsoever, the parties agree to waive the provisions of Article 1266 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata), to the extent that it requires a court judgment to terminate an agreement.
  5. If you are indicated or proven to have violated any or all provisions of these General Terms and/or any other Terms and Conditions, or any applicable laws or regulations related to the Services, Drama-Hits reserves the right to terminate and suspend your account. You shall be prohibited from using the same email address and/or mobile number to re-register for the Drama-Hits Services and Platform in any manner (for example, re-purchasing a Drama-Hits subscription package, claiming re-activation through our Customer Care, etc.).

12. Governing Law and Dispute Resolution

All matters stated in these General Terms, the Privacy Policy, and other provisions referring to these General Terms are subject to the laws applicable in the Republic of Indonesia. Any dispute, controversy, or difference of opinion between the parties arising out of, in connection with, or relating to the implementation of these General Terms shall be resolved through amicable deliberation (musyawarah). If the dispute, controversy, or difference of opinion between the parties cannot be resolved through deliberation, the parties hereby agree to resolve it through the courts, and the parties hereby agree to choose a general and permanent legal domicile at the Office of the Registrar of the Central Jakarta District Court.

13. Miscellaneous

  1. Taxes and Costs. Each party is responsible for all of its tax obligations and other costs arising in connection with the implementation of these General Terms.
  2. Language. These General Terms (and all Terms and Conditions) may be prepared in Indonesian and English. In the event of any discrepancy between the Indonesian and English versions, the Indonesian version shall govern, and any differences in the English version shall be deemed automatically amended and adjusted to conform to the Indonesian version.
  3. Survival. All provisions regarding indemnification, warranties, liabilities and their limitations, and confidentiality and/or the protection of Intellectual Property Rights shall remain in effect after the termination of the Services by the User.
  4. No Waiver. Any tolerance by Drama-Hits of a breach committed by the User against these General Terms shall not be construed as consent to further breaches, nor shall it be construed as Drama-Hits waiving its right to claim for such breach; such tolerance shall in no way be interpreted as the breached provision becoming invalid, ineffective, or suspended in its enforcement.
  5. Amendments. In the event that one or more provisions of these General Terms are modified, added to, or deleted in the future, the User will be notified of such changes.
  6. Users who continue to use the Services after the effective date of the changes are deemed to have agreed to such changes.
  7. Non-agency. Except as expressly stated herein, these General Terms are not intended to create and shall not be construed as creating a relationship or partnership, joint venture, or association for profit between the User and Drama-Hits or between Drama-Hits and any other third party.
  8. Force Majeure. The parties shall not be liable for any failure or delay in performing their obligations hereunder arising from any cause beyond their control, including acts of God, acts of civil or military authority, fires, strikes, lockouts or labor disputes, government restrictions, war, riots or other civil disturbances, pandemics, epidemics, earthquakes, storms, typhoons, and floods; in the event of such failure or delay, the time for performance of obligations shall be extended for a period equal to, at least, the time lost by reason of the delay.