Last Revised: March 1st, 2018
1.Use of Website
As a user, you have a non-exclusive, nontransferable, limited and revocable right to use this Website and to browse all the photographs, illustrations, pictures, images, audio, video clips, moving images, contents, texts, logos, graphics, literature, information, data and other materials and contents within the Website (collectively “Contents” and “Content” shall be construed accordingly) for your own personal and non-commercial purposes.
If you are a registered member of EastPro, you may access the Contents and purchase licences using your passwords as stipulated below. However, you may not use this Website or the Contents for any purpose not related to your business with us.
Any unauthorized use or modification of the Website and/or the Contents is a violation of EastPro’s intellectual property rights and other proprietary rights.
3.Accounts; passwords; security
4.Third party content
From time to time, this Website may display text, images, graphics, audio, video, links to other sites and other materials and content that were originally posted or otherwise made available on another site or other media, whether in print or online (e.g., Twitter or Facebook). As a consequence, you may see contents on this Website that have been made available by individuals not affiliated with EastPro (“Third Party Content”). EastPro does not endorse nor is associated with these individuals or such Third Party Content. EastPro (and its affiliated companies, and its and their respective directors, officers, employees or agents) shall not have any responsibility or liability of any nature whatsoever and howsoever arising in connection with any Third Party Content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Your participation, correspondence or business dealings with any third party found on or through this Website, regarding the payment and delivery of related goods or services such as online payment systems like AsiaPay, PayPal or AliPay, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that EastPro shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
5.User content; feedback, suggestions or ideas
This Website may include stock photo, photo gallery, discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website ("Forum"). You are solely responsible for your use of such Forum and use them at your own risk.
By using the Forum, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website:
a)Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b)Any User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c)Any User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
d)Any User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e)Any unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f)Any personal data of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g)Any viruses, corrupted data or other harmful, disruptive or destructive files; or
h)Any User Content that, in the sole judgment of EastPro, is objectionable or which restricts or inhibits any other person from using or enjoying the Forum or the Website, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose EastPro or its users to any harm or liability of any type.
By posting User Content, you represent and warrant that:
b)you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website;
c)the User Content is accurate and not misleading and any use of such User Content will not violate any rights of or cause injury to any person or entity;
d)EastPro and its affiliates are granted a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media; and
e)EastPro and its affiliates and sublicensees are granted the right to use the name that you submit in connection with such content, if they choose;
You further acknowledge and agree that EastPro has no obligation to screen, edit or monitor any of the User Content posted in this Website, but EastPro has the absolute right and discretion to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without giving any prior notice to you.
If you give feedback, suggestions or ideas on this Website, such as recommendations for improvements or other features, you hereby assign to EastPro all right, title and interest in and to such feedback, suggestions and ideas, and such feedback, suggestions or ideas may be implemented as part of this Website or otherwise by EastPro without any compensation or notice to you.
6.Links to other Websites
For your convenience and enjoyment, this Website may provide links to other websites and/or make available third party applications. Your use of such third party websites and applications is at your own risk. These links and applications do not mean that EastPro endorses, approves or sponsors any information available at the linked website or application, or any products that may be sold through a linked website. EastPro is not liable for any loss or damage that might result from your use of such websites, third party applications, information, products or services.
7.Intellectual Property Rights
If you believe that any work, material or content or part thereof on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our complaint officer at firstname.lastname@example.org. Please provide your full name and contact details together with a statutory declaration of your rights and evidence of the infringing item.
8.Contests, sweepstakes and promotions
THE CONTENTS IN THIS WEBSITE AND ANY OTHER INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EASTPRO AND ITS AFFILIATED ENTITIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE.
EASTPRO AND ITS AFFILIATED ENTITIES, AND ITS SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT THIS WEBSITE OR ANY PRODUCTS OR SERVICES LICENSED OR PURCHASED THROUGH THIS WEBSITE WILL MEET YOUR REQUIREMENTS. EASTPRO AND ITS AFFILIATED ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENTS, INFORMATION, PRODUCT OR SERVICE DESCRIPTIONS, MATERIALS, USE OR THE RESULTS OF THE USE OF THE CONTENTS OR MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.
EastPro undertakes no obligation to verify or maintain the accuracy or currentness of any Content or other information or materials in this Website. EastPro also endeavors to maintain this Website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this Website or its operation.
AS TO THE OPERATION OF THIS WEBSITE, EASTPRO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE.
EASTPRO MAKES NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR FREE OF DEFECTS OR ERRORS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS WILL BE CORRECTED. YOU (AND NOT EASTPRO) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE OR ANY OTHER WEBSITE THAT IS LINKED TO THIS WEBSITE.
10.Limitation of liability
UNDER NO CIRCUMSTANCES SHALL EASTPRO AND ITS AFFILIATED ENTITIES OR ITS SUPPLIERS AND PARTNERS and ITS AND their OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS and LICENSORS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS, COSTS, EXPENSES or loss of REVENUE OR PROFIT), THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE CONTENTS OR ANY MATERIALS IN THIS WEBSITE WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, PRODUCT LIABILITY OR OTHERWISE OR WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, INFORMATION AVAILABLE IN THIS WEBSITE OR PRODUCTS PROVIDED THROUGH THIS WEBSITE.
EASTPRO SHALL NOT BE LIABLE EVEN IF IT OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY. SUCH DAMAGES OR INJURY MAY INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
THE FOREGOING LIMITATIONS APPLY TO DAMAGES ARISING FROM (a) your USE OR INABILITY TO USE THis WEBSITE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THis WEBSITE; (C) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; OR (D) ANY OTHER MATTER RELATING TO THIS WEBSITE.
11.Scope of limitations
Applicable law may 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 or exclusions may not apply to you.
HOWEVER, IN NO EVENT SHALL EASTPRO’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES (INCLUDING COSTS AND EXPENSES) AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS WEBSITE OR FOR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THIS WEBSITE.
EastPro may immediately and without any prior notice suspend, terminate or restrict your membership account or your activities on this Website at any time and in its sole discretion. You agree not to hold EastPro responsible for any inconvenience or loss (including costs, expenses, loss of information, inability to access or use) which you may incur as a result of EastPro taking any of the actions described above.
14.Applicable law; jurisdiction
17.Notices to you; consent to receive electronic communications.
Notices to you may be sent via email or through this Website by displaying links to notices generally on this Website.
All Communications will be deemed to have been received by you on the next working day after we send it to you by email without bounce back or after five (5) business days after we post it on this Website, whether or not you have actually read the email or retrieved the Communication from this Website. An electronic Communication by email is considered to be sent at the time that it is directed by EastPro’s mail server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
If you wish to withdraw your consent to have Communications provided electronically, you must close your account by accessing the relevant feature in “My Account” on the Website. You may also do so by contacting us via the contact information provided on the “Contact Us” page of this Website and you must also stop using this Website. There are no fees to close your account with us.
18.No legal effect