THIS FORMS A LEGAL AGREEMENT BETWEEN YOU AND EASYDESIGN ("EASYDESIGN"). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE EASYDESIGN.COM DOMAIN ("SITE"), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT ("AGREEMENT"). EASYDESIGN RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME, AT ITS SOLE DISCRECTION AND WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.
This Site (including trademarks and designs) is owned and operated by EasyDesign. All content on this Site are owned by EasyDesign and protected by international copyright laws and international treaty provisions. EasyDesign retains all rights not expressly granted by this Agreement. The license contained in this Agreement will terminate automatically without notice from EasyDesign, if you fail to comply with any provision of this Agreement. Upon termination, you must delete and destroy all materials obtained from this Site, copies, and related documentation thereof. In addition, EasyDesign reserves the right to terminate this Site without notice to you.
2. AUTHORIZED USE OF OUR SERVICES AND CONTENT
EasyDesign is a platform that provides presentation and visualization tools, which includes
infographics / presentation slides / icons / images / footages / audio / graphic illustrations /
animation / plugins (collectively, the "Content", as included from time to time on the Site) to
create presentations, infographics, slideshows etc. to be posted on this Site, the internet and
shared with any third party. Any Content used by you on this Site is licensed to you by
EasyDesign. Your use of the Content, or any intellectual property rights therein, is dependent
upon your acceptance of the terms of this Agreement.
Subject to the terms of this Agreement, EasyDesign grant you a limited, non-exclusive, non- transferable, non-sublicensable and revocable right to use the Content and access the Site. We grant you no other rights, implied or otherwise.
3. PERMITTED USAGE
You may subject to the terms of this Agreement, access and use the Content via the Site only. You
may create presentations / visualization tools by integrating your own information, text, logo,
marks, images, graphics, illustrations, vectors, video, audio and/or any other materials
(collectively, the "Materials") into the Content and making alterations thereof, to the extent the
Content is editable. You may only create the presentations / visualization tools using Content
through the Site and third parties may only view such presentations / visualization tools by
visiting the Site.
All presentation / visualization tools created by you on the Site will be made available to all parties who visit this Site. You hereby grant to all parties the non-exclusive right to access, view and share the presentations / slideshows created by you on the Site without the need for payment of any consideration thereof.
You may NOT under any circumstances:
- distribute, remove, extract, copy, sell, transfer, assign, convey, download, capture or rip the Content at any time. You may only use the Content on this Site;
- use any Content in any manner that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, performance rights, confidential information or any other right;
- use any Content in connection with any pornographic, offensive, political, racist, ethnically or culturally offensive, obscene or indecent, sexually explicit, immoral, defamatory, intrusive of privacy or illegal materials; or in a manner which endorses violence or acts of terrorism, is discriminatory towards race, gender, religion, faith or sexual orientation, or which purports to endorse products or services carrying sensitive mental / health connotations;
- use Content, unless you include the following credit line at the end of the presentation / slideshow: "Design by EasyDesign". If you fail to include such credit line and is notified by EasyDesign of such failure, you shall immediately add the said credit line;
- disclose the password(s) or username(s) of your account for the use of EasyDesign;
- remove any notice in relation to any proprietary right that is embedded in the Content or avoid, bypass, remove or impair any measure that effectively controls access to the Content;
- delete any attributions, legal notices, or proprietary designations or labels in any Content;
- use Content in any manner that is in breach of this Agreement and any applicable law;
- introduce, embed or transmit to the Site any material or program of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Site or servers or networks forming part of, or connected to, the Site, or which does or might restrict or inhibit any other user's use and enjoyment of the Site; and/or
- upload or post any unsolicited advertising or promotional materials on the Site.
5. LINKS TO THIRD PARTY SITES
EasyDesign provides links to third-party sites as a convenience to you. EasyDesign does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by EasyDesign of such sites. EasyDesign is not responsible and/or liable, directly or indirectly, for the content of any linked sites and/or any damages caused in connection with any linked sites.
6. LIMITED WARRANTY AND REMEDIES
EasyDesign represents that it has the right to enter into this Agreement and has the right to grant this license under these terms.
EXCEPT AS PROVIDED ABOVE, THE CONTENT, SITE AND SERVICES ARE PROVIDED "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE CONTENT, SITE AND SERVICE AT YOUR OWN RISK. EASYDESIGN, ITS RESPECTIVE OFFICERS, DIFRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, SHAREHOLDERS, ADVISORS AND ANYONE ELSE ASSOCIATED WITH EASYDESIGN: (I) DO NOT WARRANT THAT THE CONTENT, SERVICE AND SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE; AND (II) WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS OR REVENUES, LOST SAVINGS, OR OTHER SPECIAL, GENERAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT AND SITE EVEN IF EASYDESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM BY ANY OTHER PARTY, OR IN RESPECT OF THE CONTEXT / MANNER IN WHICH THE CONTENT IS BEING USED BY YOU. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT, SERVICE AND SITE ARE WITH YOU AND YOU SHALL ASSUME FULL RESPONSIBILITY AND LIABILITY OF YOUR USE OF THE CONTENT. SHOULD THE CONTENT, SITE AND SERVICE PROVE DEFECTIVE, YOU (AND NOT EASYDESIGN OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Certain states or jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
7. YOU REPRESENT, WARRANT AND COVENANT THAT:
- You are at least 18 years of age and have the right to enter into this Agreement;
- You will not use the Content and Site in any way that is not permitted by this Agreement;
- Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
- All information you provide to EasyDesign is accurate and true;
- You agree that all passwords to your EasyDesign account are to be held confidentially.
8. MATERIALS UPLOADED ON EASYDESIGN
EasyDesign shall not be responsible and assumes no liability for any of the Materials
uploaded, posted and/or shared by you with regards to your use of EasyDesign' Content, Site
and services. You are solely responsible and shall assume all liabilities to any Materials uploaded,
posted and/or shared by you.
You hereby agree not to post any Materials that are deemed unlawful, inappropriate, defamatory, libellous, sensitive, threatening, abusive and racially offensive.
For the avoidance of doubt, all rights to the Material posted / uploaded by you shall remain with you, and you are solely responsible and assume all liabilities to all Materials posted / uploaded by you on the Site.
You agree to fully defend and indemnify EasyDesign, its employees, directors, and officers, and anyone else associated with EasyDesign, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above or the terms of this Agreement.
You may at any time, with / without reason, upon your written notice to EasyDesign,
terminate your use of the Content by deleting the presentations / slideshows created by you
through the Site. Upon receiving the said notice from You, EasyDesign will proceed to delete
the presentations / slideshows created by you through the Site.
EasyDesign reserves the rights to terminate your account at any time if you fail to comply with any of the terms herein. EasyDesign also reserve its right to carry out any legal actions against you in the event you breach the terms herein and EasyDesign will be entitled to recover all costs, including reasonable attorney's fees associated with the action, if EasyDesign prevails in the said action. Such relief is in addition to any other relief which may be awarded to EasyDesign.
11. NO WAIVER
Failure by EasyDesign to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
This Agreement shall be governed by, and shall be construed in accordance with, the laws of Singapore. Any dispute, controversy or claim arising out of or relating to this Agreement, including validity, invalidity, breach or termination thereof, shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to Singapore International Arbitration Centre for arbitration in Singapore which shall be conducted in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one (1). The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
13. LEGAL FEES
If EasyDesign is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse EasyDesign for its legal fees, costs and disbursements if EasyDesign is successful.
You may not assign or transfer to anyone the rights granted to you in this Agreement, without EasyDesign' prior written consent.
We do not sell, share or rent your personal information to any third party and we only use your
16. PROMOTIONAL LOGO
Your continued use of the Content, services and/or Site implies your full consent to EasyDesign' use of your corporate / business identity logos for promotional purposes of EasyDesign without the need for payment of any consideration thereof.