|
Asia Event Photo LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA):
By downloading any image or material from our website, you hereby agree
to the following terms and conditions as outlined herein, and as listed
elsewhere on our website:
This
agreement is made by and between Asia Event Photo and the Licensee
(otherwise listed herein as You or Your) who creates an account or
purchases the right to access, acquire, and use Materials from this
website. Asia Event Photo hereby represents that it owns all rights and
copyrights to all materials on our website, and all rights and
copyrights to said website and materials shall remain the exclusive
property, right and control of and under Asia Event Photo and
"Materials" from our website will constitute and be defined as any
photo, image, design, or layout represented on the Asia Event Photo
website. By downloading any Materials from Asia Event Photo you are
asserting your declaration that you have read, understood, and agreed
to all terms and conditions listed in this Agreement, and otherwise
identified on our website.
Terms of Use and Conditions as Defined Below:
A. User's Rights to Materials from Asia Event Photo. You agree to access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You and Asia Event Photo.
- Asia Event Photo.com grants You a
nonexclusive, nontransferable license to download, use, modify,
publish, and display our Materials according to the defined Terms and
Conditions of this Agreement.
- You may access, acquire, and
use the materials downloaded from Asia Event Photo.com subject to these
Terms and Conditions in the following manner:
- a. In the development and creation of your business presence and entity.
- b. As part of an offline
presentation, meaning in menus, magazines, in books, on book covers as
par of the cover's design, and newspapers.
- c. In the development
and creation of marketing, promotional, or advertising materials,
including newsletters, mailers, print ads, packaging, and fliers.
- d. As part of office
presentation and layout for your business, in other words, for decor in
an office, lobby, retail store, or public area.
- e. In a PowerPoint
presentation, however, use of our Materials in this medium must include
an explicit statement in an easily identifiable location in this
presentation noting that "Some images contained in this presentation
are the copyrighted property of Asia Event Photo. As such, these images
are being used under a license from said entities, and may not be
copied or downloaded without explicit permission from Asia Event Photo."
- f. As part of a design element
of a website, video, film, television broadcast, CD-Rom cover, or video
game. However, you may not, under any circumstances use the materials
from our website in a Website template or any template or design sold
individually or as part of an archive or catalog collection, or an
automated shopping system, under any circumstances. You MAY however use
our photos in client websites that are NOT distributed through an
archive or automatic system.
B.
User's Restrictions on the Use of Asia Event Photo Materials. You agree
not to access, acquire, or use our Materials in any of the following
manners:
- You may not at any time share, sell,
give, or allow anyone to use your username/password, nor access your
account for any reason.
- You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
- You may not distribute our
Materials electronically or in hard copy, except as specifically
outlined in the "User's Rights to Materials from Asia Event Photo"
section of this Agreement.
- You may not use any of the
Materials downloaded or obtained from our site in a Website template or
any template or design sold individually or as part of an archive or
catalog collection, or an automated shopping system, under any
circumstances. You MAY however use our photos in client websites that
are NOT distributed through an archive or automatic system.
- You may not allow or authorize
any third party to use the Materials for any purpose at any time or
resell, sub-license, or otherwise make available the Materials for use
or distribution separately or detached from a product or Web page.
- You may not use any download
software, internet accelerators, or other similar software or automated
programs to access or download any materials from our website at any
time.
- You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that Asia Event Photo may, in its sole discretion:
- Monitor your download activity from
Asia Event Photo as often as Asia Event Photo determines under its sole
discretion for any reason and for any violation of this Agreement.
- Disable any account that
engages in what Asia Event Photo determines to be a large number of
photos on any given day, as such activity indicates possible EULA
violations or abuse of a username/password and account.
- Limit downloads to a fixed
amount of downloads per 24 hour period, per user, as Asia Event Photo
sees fit on an individual basis, and to ensure the quality of our
service is retained to be delivered to all.
- Investigate any abuse of your
username and password in connection with the Asia Event Photo website or
in connection with this Agreement.
- Take the appropriate action to
investigate all potential abuse, which can lead to contacting the
individual involved with the violations, account suspension, account
termination, or other actions deemed necessary depending on the nature
and severity of the violations, if we are unable to confirm the
validity of the activity.
- Terminate your account
immediately for any violation of this agreement, or the Terms and
Conditions as defined in this Agreement and elsewhere on
Asia Event Photo, without notice. If your account is terminated for any
violation of this Agreement and/or abuse of your username or password,
and/or our Materials, you lose all rights to Asia Event Photo Materials,
and you must IMMEDIATELY delete any and all Materials obtained prior to
this termination, and forfeit all fees paid.
D. You
understand that Materials are copyrighted and owned by Asia Event Photo
only, and any unauthorized use of any of these Materials by you may be
an infringement upon said copyright.
E. Asia Event Photo and
all Materials are made available to you "AS IS," "AS AVAILABLE," and
"WITH ALL FAULTS." Asia Event Photo its employees, directors, and
officers and anyone else associated with Asia Event Photo makes no
representation or warranty, express or implied, including without
limitation warranties of merchantability, fitness for a particular
purpose, or non-infringement. Asia Event Photo further makes no
representation or warranty that your usage of Asia Event Photo will be
uninterrupted, error free of computer viruses, or other damaging
materials. When you login to your account, and access Asia Event Photo,
you do so at your own risk.
F. Asia Event Photo, its employees,
directors, and officers, or anyone else associated with Asia Event Photo
shall not be liable for any indirect, special, consequential, economic
damages including but not limited to loss of revenue or profits,
arising out of the use, or inability to use, the Materials.
Asia Event Photo, its employees, or related parties, will in no event be
liable for any damages to exceed the amount paid by you for accessing
or using Asia Event Photo, and for accessing, acquiring, and/or using
Materials from Asia Event Photo.
G. AGE OF MAJORITY. You warrant
and attest that you are of the age of majority, and that your signature
shall serve as confirmation and attestation to this statement. You
further agree that you fully understand the contents, meaning and
impact of this agreement. You will not use these Materials in any way
that is not permitted in this Agreement or in violation of this
Agreement. Your use of these Materials will not violate any applicable
law or regulation of any country, state, or other governmental entity.
You further attest that the information you provide to Asia Event Photo
is accurate and true, including without limitation all credit card
information
H. You agree to fully, indemnify, and hold harmless
Asia Event Photo, its employees, directors, officers, and any other
entity associated with Asia Event Photo, and each of its successors,
licensees, and assigns free and harmless from any and all claims,
liabilities, costs, losses, damages, expenses, including attorneys'
fees and expenses, arising in connection with Your use of the Materials
and this website or of any breach or alleged breach of any
representation, warranty, or other promise made by You in this
Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this
agreement expresses the parties entire understanding and agreement, and
that there have been no warranties, representations, covenants, or
understandings made by either party to the other except as expressly
set forth in this agreement. Any modifications to this agreement shall
be made in writing and agreed to by both parties in writing. The
parties further acknowledge that this agreement supersedes, terminates,
and otherwise renders null and void any and all prior or
contemporaneous agreements or contracts, whether written or oral,
entered into between the Buyer and Seller with respect to the matters
expressly set forth in this agreement.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically. |
