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TERMS & CONDITIONS
Please click here to download the Website Usage Agreement in PDF format
Please click here to download the Compositional Image License Agreement in PDF format
ASIANEYE WEBSITE USAGE AGREEMENT
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GENERAL
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| 1.1
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Welcome to the Asianeye Website (hereafter referred to as “Website”). The Website provides a free service whereby users
can download Low Resolution Water Marked Comping Images (hereafter referred to as “Comping Image” or “Comping Images”) for personal and non-commercial use to develop concepts, designs, prototypes and presentations for clients to aid in client’s purchase decisions for commercial use.
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| 1.2
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Set forth in this Asianeye Website Usage Agreement (hereafter referred to as “Agreement”) are the complete Terms and Conditions that govern your, and if you are using this Website on your employer’s behalf or another third party (hereafter referred to as “Licensee”), your employer’s or third party’s use of the Website and all its content, including, but not limited to: captions, information, text, graphics, Comping Images, illustrations, moving images, sound and software (hereafter referred
to as "Content"), in its entirety. Should you cease working for your employer or third party, your employer or third party may continue to use the Website pursuant to this agreement. However, you as an individual, may not make a copy or transfer any Content to a new place of employment or your own company.
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| 1.3
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These Terms and Conditions constitute a legal agreement between the Licensee and Asianeye Pte. Ltd. (hereafter referred
to as “Asianeye”). Please read these Terms and Conditions in their entirety carefully before continued use of the Website or download any Content as by using and/or downloading any Content from the Website indicates that the Licensee accepts
these Terms and Conditions in their entirety and agrees to be bound by the Terms and Conditions of this Agreement.
If these Terms and Conditions are unacceptable, do not continue to use this Website or download any of its Content.
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| 1.4
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Asianeye reserves the right, at any time to revise these Terms and Conditions at its sole discretion by updating this page without notice. The Licensee should be aware that these Terms and Conditions are liable to update and usage of the Website will be subject to the most current version posted on the site at the time of use.
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| 1.5
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The Terms and Conditions set forth in this Agreement apply to all Content of the Website, accessed by whatever method, including, without limitation: http://www.asianeye.info, by IP address(es), (e.g. http://202.157.165.210 etc), links, browser
or border environment and framing mechanisms. There is no access to the Content on this Website other than via the HTTP protocol over TCP/IP (i.e. a standard web connection). There is no FTP or other protocol access. Access to the Website and Content by any other protocol mechanism other than that stated in this clause 1.5 must not be attempted under any circumstances and is illegal. The use of port scanning software, hardware, mechanisms and techniques are prohibited. Software to "crawl" or search the Website and/or retrieve Content or related information may not be employed. Asianeye, or its directors, employees, trustees, agents, representatives, content providers and affiliates reserve the right to bar access to Content on this Website for whatever reason it sees fit and without notice.
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| 1.6
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The Licensee must not transmit any technically harmful communications (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) to or through the Website or engage in other practices of misuse (including, without limitation, hacking). If requested or directed by any law enforcement authorities, Asianeye will fully co-operate by disclosing the identity or location of any third party misuse or posting any such communications on the Website.
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| 2
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OWNERSHIP OF THE ASIANEYE WEBSITE
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The Website is owned and operated by Asianeye Pte Ltd from its headquarters in Singapore.
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| 3
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PROTECTION OF INTELLECTUAL PROPERTY
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| 3.1
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All Content on the Website, including but not limited to the design and the Content is intellectual property and protected by trade dress, copyright, moral rights, trademark, the Berne Convention and other laws relating to intellectual property rights. Except as explicitly permitted under this or the COMPOSITIONAL IMAGE LICENSE AGREEMENT, no portion or element of the Website or its Content may be copied, downloaded or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Asianeye and its Content Providers.
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| 3.2
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Asianeye makes no representation that the Content or services provided on the Website are appropriate or available for use outside Singapore, and access to them from territories where their contents are illegal is prohibited. The Licensee may not use or copy or adapt or export or re-export any Content or services from the Website as to do so is a violation of applicable laws
and regulations including without limitation United Kingdom, E.U. & U.S. export laws and regulations. If the Licensee chooses
to access the Website from outside Singapore, it is done so on the Licensee’s own initiative and the Licensee is responsible
for compliance with applicable local laws.
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| 3.3
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“Asianeye” and the Asianeye logo are trademarks of Asianeye and are registered in certain countries.
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| 4
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PERMITTED USAGE OF THE CONTENT ON THE ASIANEYE WEBSITE
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| 4.1
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The Website contains low-resolution images that depict a watermark for comping use and client approval only (hereafter referred to as “Comping Image’ or “Comping Images”). Conditioned on the Licensee’s acceptance with the Terms and Conditions set forth in this Agreement, Asianeye authorises the Licensee to search for, view, download and use the Comping Images for the non-commercial, internal development of designs, layouts, prototypes and presentation for client approval as permitted in ASIANEYE COMPOSITIONAL IMAGE LICENSE AGREEMENT. Asianeye does not grant the Licensee any license to use the Comping Images in any final printed materials, including any electronic or on-line system, distributed internally or externally by the Licensee, the Licensee’s company and the Licensee’s clients. The Licensee may not distribute, sublicense or make available for use or distribution any Comping Images. Please see the ASIANEYE COMPOSITIONAL IMAGE LICENSE AGREEMENT for further information.
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| 5
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BREACH OF AGREEMENT
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| 5.1
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If any of the Terms and Conditions as set forth in this Agreement are breached, Asianeye reserves the right to immediately withdraw the License granted to the Licensee, revoking authorisation to view, download and use the Content on the Website. Upon written notice from Asianeye, the Licensee agrees to immediately discontinue such use and delete all Content and all copies from all magnetic media and destroy all other copies and printed materials. The Licensee’s use of the Website and any Content shall comply with all applicable laws. All rights not specifically granted under this Agreement are reserved to Asianeye. A breach of any or all of the Terms and Conditions is a violation of copyright law and may result in subsequent legal action taken against the Licensee by Asianeye.
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| 6
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IMDEMNIFICATION
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| 6.1
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The Licensee shall indemnify, defend, hold harmless and keep Asianeye, its directors, shareholders, employees, trustees, agents, representatives, subsidiaries, affiliates, licensors, contributors and it’s Content providers indemnified against any and
all actions, proceedings, claims, liability, demands, losses, expenses, costs (including legal fees and expenses) awards or damages, incurred by any or all of them, either directly or indirectly as a result of:
| 6.1.1
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the Licensee’s breach of the Terms and Conditions of this Agreement
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| 6.1.2
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the Licensee’s use or misuse of the Content and related rights either alone or in combination with any other material
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| 6.1.3
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the Licensee’s failure to abide by any clause regarding the use of any Content
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| 6.1.4
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any claim by a third party related to the use of any Content, alone or in any combination with any other material
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| 7
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DISCLAIMERS
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| 7.1
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The Website and its Contents are provided on an “as is” basis and Asianeye excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality, compatibility (with either hardware or software) or fitness for a particular purpose.
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| 7.2
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The functions embedded on or in the Contents of the Website are not warranted to be without defects, uninterrupted or without error. The Licensee, not Asianeye, assumes the entire cost of all necessary servicing, repair or correction due to Licensee’s use of this Website.
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| 7.3
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The use of the Website is at the Licensee’s own risk. The Licensee, not Asianeye, assumes the entire responsibility for any costs or damages of any kind that could arise due to the use of the Website, including but not limited to direct, indirect, incidental, punitive and consequential damages.
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| 7.4
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Asianeye uses reasonable efforts to ensure the accuracy, completeness, correctness and reliability of the Content featured on the Website, but makes no representations or warranties as to the Content's accuracy, completeness, correctness or reliability. Asianeye will not be held liable or responsible for any errors, inaccuracies or omissions in the Content displayed on the Website. It is the Licensee’s responsibility to evaluate the accuracy, completeness, correctness and reliability of the Content made available on or through the Website before usage.
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| 7.5
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Asianeye reserves the right to make changes to the Content, or to the products and prices described in them, at any time without notice.
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| 7.6
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Except as specifically stated in these Terms and Conditions of Website Use, or elsewhere on the Website, or as otherwise required by applicable law, neither Asianeye nor its directors, shareholders, employees, trustees, agents, representatives, subsidiaries, affiliates, licensors, contributors or it’s Content providers will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive and consequential damages) arising out of the Licensee’s use of, or inability to use, or the performance of this Website or the Content whether or not Asianeye has been advised of the possibility of such damages.
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| 7.7
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There may be links to other third party websites from the Website, these are provided solely as a convenience to the Licensee. The Licensee’s use of these links will leave the Website. Asianeye has not reviewed and thus does not endorse or warrant
nor control any offerings, information, services, software or other products or materials from third party linked websites. If the Licensee decides to access any of the third party websites, the Licensee will leave the Website. It is entirely at the Licensee’s own risk and the Licensee waives any and all claims against Asianeye regarding the inclusion of links to third party websites
and the Licensee’s use of those third party websites and any actions that may result as a direct or indirect consequences. Asianeye does not assume any liability for the actions, products, services or content of these third parties.
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| 8
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LIMITATION OF LIABILITY
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| 8.1
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Asianeye excludes all liability and responsibility for any amount or kind of loss or damage that may result to the Licensee or
a third party as a result of providing the Website or arising out of the use, inability to use, or the results of use of this Website,
any third party websites linked to this Website, or the content or information or services contained at any or all such third party websites, including but not limited to loss or damage due to viruses that may infect the Licensee’s computer equipment, software, data or other property on account of the Licensee’s access to, use of, or browsing the Website or Licensee’s downloading of any Content from the Website or any third party websites linked to the Website.
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| 8.2
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Asianeye, its directors, shareholders, employees, trustees, agents, representatives, subsidiaries, affiliates, licensors, contributors or it’s Content providers shall not be liable in connection with the Website in any way or in connection with the use, inability to use, or the results of use of this Website and its Content, any third party websites linked to this Website, or the materials or information or services contained at any or all such third party websites, for any loss or damages of any kind howsoever arising, including without limitation, any direct, indirect, punitive or consequential loss or damages or any loss of income, profits, goodwill, data , contracts, use of money, or loss or damages arising from or connected in any way to business interruption and whether or not any such loss or damages in this paragraph is foreseeable, known or foreseen or otherwise and whether in tort (including negligence), contract or otherwise.
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| 8.3
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If the Licensee’s use of the Content from this Website results in the need for servicing, repair or correction of equipment or data, the Licensee assumes all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Licensee.
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NO WAIVER, SEVERABILITY
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| 9.1
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Asianeye reserves the right to change the Terms and Conditions of this Agreement, the Privacy Policy, Content, prices, information and available contractual license terms featured on the Website without notice, at any time.
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| 9.2
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No actions by Asianeye, except an express written waiver or amendment, can be considered as a waiver or amendment of any clause contained within these Terms and Conditions of Website Use.
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| 9.3
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Should any clause of this Agreement be found to be invalid, illegal or unenforceable in any respect, wherever possible this will not render ineffective any other clauses or terms contained in this Agreement and each will remain in full force and effect according to it’s Terms. Such clauses shall be amended only to the extent necessary to make the Agreement enforceable.
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| 10
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GOVERNING LAW AND VENUE
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| 10.1
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This Agreement shall be interpreted, construed and governed by the laws of Singapore, The venue for all disputes arising under this Agreement shall lie exclusively in the Courts and tribunals of Singapore and each party agrees not to contest the personal jurisdiction of these courts.
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| 10.2
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Any dispute arising from the use, by the Licensee, of the Website or from any Content derived thereof may be settled by binding arbitration.
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| 10.3
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Asianeye shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Asianeye, such action is necessary
or desirable.
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| 10.4
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In any dispute between Asianeye and the Licensee, Asianeye shall be entitled to recover reasonable attorney fees, legal expert fees and other expenses arising from the dispute from the Licensee.
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ACCEPTANCE
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The Terms and Conditions set forth in the Website Use Agreement between Asianeye and the Licensee relate to the Licensee’s use of the Website. This Agreement and the Asianeye Compositional Image Agreement combine the entire understanding of
the Licensee and Asianeye. Together they replace all other agreements, oral, written, implied or explicit. The Licensee hereby warrants that the Licensee has read and understood this Agreement and thus has the authority to enter into this binding Agreement either as an individual or on behalf of a company. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. Accordingly, Asianeye and the Licensee agree that if any provisions are deemed not enforceable, they shall be deemed modified to
the extent necessary to make them enforceable and in such manner as comes closest to the intentions of Asianeye and
the Licensee to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the Licensee
and Asianeye, their successors and assignees, except that the Licensee may not assign or transfer this Agreement without Asianeye’s prior written consent. If the Licensee does not accept these Terms and Conditions, do not use the Asianeye Website or download or use any of its Content.
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All contents © 2003-2004 Asianeye. All rights reserved.
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ASIANEYE COMPOSITIONAL IMAGE LICENSE AGREEMENT
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GENERAL
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| 1.1
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Welcome to the Asianeye Website (hereafter referred to as “Website”). The Website provides a free service whereby users
can download Low Resolution Water Marked Comping Images (hereafter referred to as “Comping Image” or “Comping Images”) for personal and non-commercial use to develop concepts, designs, prototypes and presentations for clients to aid in client’s purchase decisions for commercial use.
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| 1.2
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Set forth in this Asianeye Compositional Image License Agreement (hereafter referred to as “Agreement”) are the complete Terms and Conditions that govern you as an individual, and if you are using this Website on your employer’s behalf or another third party (hereafter referred to as “Licensee”), your employer’s or third party’s use of Comping Images. Should you cease working for your employer or third party that licensed the Comping Image, the employer or third party may continue to use the Comping Images pursuant to this Agreement. However, you as an individual, may not make a copy
or transfer any Comping Images to a new place of employment or to your own company.
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| 1.3
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These Terms and Conditions constitute a legal binding agreement between the Licensee and Asianeye Pte. Ltd. (hereafter referred to as “Asianeye”). Please read these Terms and Conditions in their entirety carefully before downloading and using Comping Images, as by using these Comping Images indicates that the Licensee accepts these Terms and Conditions in their entirety and agrees to be bound by the Terms and Conditions of this Compositional Image Agreement.
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| 1.4
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The Terms and Conditions set forth in this Agreement are in addition to the Terms and Conditions set forth in the ASIANEYE WEBSITE USEAGE AGREEMENT which together constitute your entire binding agreement with Asianeye.
If the Licensee does not agree to the Terms and Conditions in their entirety, discontinue usage of the Website immediately and do not download any Comping Images.
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| 1.5
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Asianeye reserves the right, at any time to revise these Terms and Conditions at its sole discretion by updating this page without notice. The Licensee should be aware that these Terms and Conditions are liable to update and usage of the Website and Comping Images will be subject to the most current version posted on the site at the time of the Licensee’s use.
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| 2
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PROTECTION OF INTELLECTUAL PROPERTY
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| 2.1
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All elements including, but not limited to: captions, information, text, graphics, Comping Images, illustrations, moving images, sound and software (hereafter referred to as "Content") featured, displayed or contained on the Website, including the design are intellectual property and protected by trade dress, copyright, moral rights, trademark, the Berne Convention and other laws relating to intellectual property rights. Except as explicitly permitted under this or another Agreement with Asianeye, no portion or element of the Website or its Content may be copied, downloaded or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Asianeye and its Content Providers.
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| 2.2
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Asianeye makes no representation that the Content or services provided on the Website are appropriate or available for use outside Singapore, and access to them from territories where their contents are illegal is prohibited. The Licensee
|may not use or copy or adapt or export or re-export any Content or services from the Website as to do so is a violation
of applicable laws and regulations including without limitation United Kingdom, E.U. & U.S. export laws and regulations.
If the Licensee chooses to access the Website from outside Singapore, it is done so on the Licensee’s own initiative and the Licensee is responsible for compliance with applicable local laws.
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| 2.3
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“Asianeye” and the Asianeye logo are trademarks of Asianeye and are registered in certain countries.
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| 3
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GRANT OF COMPOSITIONAL LICENSE
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| 3.1
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Asianeye grants the Licensee a non-exclusive, non-transferable and non-sublicensable right to use any Comping Image, derivatives or copies downloaded from the Website or other Asianeye media. The Comping Images may only be used in
for personal and non-commercial use to develop concepts, designs, prototypes and presentations for client approval.
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| 3.2
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One copy may be made for backup purposes only and that copy may be used only if the original Comping Image becomes defective, destroyed or otherwise irretrievably lost.
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| 3.3
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The Licensee accepts sole responsibility for the usage of any and all Comping Images alone or in combination with any other material.
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| 3.4
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The Licensee accepts that all copyrights and all rights of a proprietary nature and title to and in the Comping Images are the property of Asianeye and its contributors and are protected by international copyright laws, treaty provisions and all other applicable laws. Asianeye retains all rights not expressly granted by this Agreement. Use conferred is strictly limited by the Terms and Conditions of this Agreement and does not in any way transfer any copyright or proprietary rights to the Licensee.
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| 3.5
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Except for this limited, internal and evaluative use of the Comping Images, Asianeye grants you no other rights.
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| 3.6
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The License granted to the Licensee by Asianeye, as set forth in this Agreement will terminate automatically without notice from Asianeye if the Licensee fails to comply with any provision of this Agreement. Upon termination, the licensee must immediately stop using the Website, downloading and using Comping Images, return all copies to Asianeye and delete all occurrences from existing files.
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UNAUTHORISED USE
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| 4.1
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Without limitation, it is STRICTLY PROHIBITED to use the Comping Images in the following ways:
| 4.1.1 | | for any other purpose than stated in clause 3.1-3.2 |
| 4.1.2 | | as an example for another third party to recreate the content captured in the Comping Image in substantially
the same manner |
| 4.1.3 | | to remove, reduce, deface, disassemble, reverse engineer, decompile or alter the watermark in any way |
| 4.1.4 | | to alter, add, insert, impose, modify or in any other way distort or amend that originally downloaded |
| 4.1.5 | | to expand the image pixel resolution beyond that originally downloaded |
| 4.1.6 | | to reduce image pixilation by any known method or mechanism |
| 4.1.7 | | to use the Comping Images in any way that could be regarded as obscene, derogatory,defamatory, blasphemous, unlawful purpose or pornographic
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| 4.1.8 | | to violate any person's right of privacy or publicity |
| 4.1.9 | | as a logo, tradename, trademark or servicemark |
| 4.1.10 | | to infringe upon any copyright, tradename, trademark or servicemark of any person or entity
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| 4.1.11 | | to distribute, sublicense or make available for commercial or non-commercial use |
| 4.1.12 | | to produce colour separations |
| 4.1.13 | | to produce any final electronic (on-line, broadcast or any other electronic distribution system) or printed output, materials, production or documentation distributed inside of the Licensee’s company or outside of the Licensee’s company or to the public.
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| 4.1.14 | | to produce or compile CD ROM materials
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| 4.1.15 | | to produce or compile CD ROM materials |
| 4.1.16 | | to be shared by creating a disc library, storage jukebox, network configuration or similar arrangement
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| 4.1.17 | | to publish the Comping Images to more than 5 people in any form, electronic, traditional or otherwise |
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| 4.2
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Unauthorised use of Comping Images constitutes copyright infringement and shall entitle Asianeye to exercise all rights and remedies under all applicable copyright laws, including but not limited to an injunction preventing further use and monetary damages against the Licensee and all unauthorised users and the beneficiaries of the use of such Comping Images. The foregoing is not a limiting statement of Asianeye’s rights or remedies in connection with any unauthorised use.
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| 5
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IMDEMNIFICATION
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| 5.1
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The Licensee shall indemnify, defend, hold harmless and keep Asianeye, its directors, shareholders, employees, trustees, agents, representatives, subsidiaries, affiliates, licensors, contributors and it’s Content providers indemnified against any and all actions, proceedings, claims, liability, demands, losses, expenses, costs (including legal fees and expenses) awards or damages, incurred by any or all of them, either directly or indirectly as a result of:
| 5.1.1 | | the Licensee’s use or misuse of the Comping Images alone or in combination with any other material,
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| 5.1.2 | | a result of the breach of any Terms and Conditions of this Agreement by the Licensee, no matter where such claims, demands or proceedings arise,
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| 5.1.3 | | the Licensee’s failure to abide by any clause regarding the use of a Comping Image |
| 5.1.4 | | any claim by a third party relating to the use of a Comping Image alone or in combination with any other material |
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| 6
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DISCLAIMERS
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| 6.1
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The use of the Comping Images is at the Licensee’s own risk. Asianeye supplies the Comping Images on an “as is” basis, and does not accept any responsibility or liability to the Licensee, or any other person or entity for any loss or costs or damages of any kind, direct or indirect, consequential or incidental arising out of the Licensee’s use or inability to use the Comping Images.
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| 6.2
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Asianeye makes no warranty, express or implied regarding any Content, the Website, the accuracy of any information, or any rights or licenses under this Agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-infringement, or that the Website or any services or Content will be uninterrupted or error-free.
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| 6.3
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The functions embedded on or in the Content contained within the Website are not warranted to be without defects, uninterrupted or without error. The Licensee, not Asianeye, assumes the entire cost of all necessary servicing, repair
or correction due to Licensee’s use of the Website and any Content.
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| 6.4
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Asianeye uses reasonable efforts to ensure the accuracy, completeness, correctness and reliability of the Comping Images featured on the Website, but makes no representations or warranties as to the Comping Images accuracy, completeness, correctness or reliability. Asianeye will not be held liable or responsible for any errors, inaccuracies or omissions in the Content displayed on the Website. It is the Licensee’s responsibility to evaluate the accuracy, completeness, correctness and reliability of the Content made available on or through the Website before usage.
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| 6.5
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Except for any liability which cannot by law be excluded or limited, Asianeye or its directors or shareholders or employees or trustees or agents or representatives or subsidiaries or affiliates or licensors or contributors or it’s Content providers shall not be liable to the Licensee or any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the Comping Images, whether framed as a breach of warranty or merchantability or fitness for a particular purpose or non-infringement, upon any legal theory, in tort, contract, failure of essential purpose or otherwise.
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WARRANTIES
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| 7.1
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The Licensee accepts and warrants that the use of Comping Images shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the Licensee.
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| 7.2
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Asianeye warrants the Comping Images to be free from defects in material and workmanship for 30 days from initial delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the digital replacement of the Comping Image at the option of Asianeye. Asianeye makes no other warranty, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. Asianeye or it’s contributors, employees, directors or shareholders shall not be liable to the Licensee or any other person or entity for any general, punitive, special, direct, indirect, consequential, incidental, lost profits, costs, losses or any other damages arising out of this license or otherwise.
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| 8
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NO WAIVER/SEVERABILITY
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| 8.1
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Asianeye reserves the right to change the Terms and Conditions of this Agreement without notice, at any time.
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| 8.2
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No actions by Asianeye, except an express written waiver or amendment, can be considered as a waiver or amendment of any clause contained within this Agreement.
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| 8.3
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Should any clause of this Agreement be found to be invalid, illegal or unenforceable in any respect, wherever possible this will not render ineffective any other clauses or terms contained in this Agreement and each will remain in full force and effect according to it’s Terms. Such clauses shall be amended only to the extent necessary to make the Agreement enforceable.
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| 9
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GOVERNING LAW AND VENUE
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| 9.1
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This Agreement shall be interpreted, construed and governed by the laws of Singapore, The venue for all disputes arising under this Agreement shall lie exclusively in the Courts and tribunals of Singapore and each party agrees not to contest the personal jurisdiction of these courts.
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| 9.2
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Any dispute arising from the use, by the Licensee, of the Website or from any Content derived thereof may be settled by binding arbitration.
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| 9.3
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Asianeye shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Asianeye, such action is necessary or desirable.
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| 9.4
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In any dispute between Asianeye and the Licensee, Asianeye shall be entitled to recover reasonable attorney fees, legal expert fees and other expenses arising from the dispute from the Licensee.
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| 10
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ACCEPTANCE
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The Terms and Conditions set forth in the Compositional Image Agreement relate to the Licensee’s use of Asianeye’s Comping Images. This Agreement and the Asianeye Website Use Agreement are a legal binding agreement and combine the entire understanding of the Licensee and Asianeye. Together they replace all other agreements, oral, written, implied
or explicit. The Licensee hereby warrants that the Licensee has read and understood this Agreement and thus has the authority to enter into this binding Agreement either as an individual or on behalf of a company. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. Accordingly, Asianeye and the Licensee agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of Asianeye and the Licensee to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the Licensee and Asianeye, their successors and assignees, except that the Licensee may not assign or transfer this agreement without Asianeye’s prior written consent. If the Licensee does not accept these Terms and Conditions, do not use the Asianeye Website or download and use any of its Comping Images.
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All contents © 2003-2004 Asianeye. All rights reserved.
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