Effective as from Sept 12, 2019
A. Terms Applicable To All Users
“Mockup” means a rendered image with background made available through the Platform, with or without scripting, that is designed for integrating user images (such as user’s wedding invitation, brithday, aqiqah etc) with the object depicted in the Mockup or any other image we may make available to you through Evite Marketplace.
“Asset” means a computer file created and uploaded by an Author to the Platform using the Service or otherwise made available by us on the Website, which computer file may refer to a product mockup, a font, a template, a photograph, a 3D object, a video, an audio file, an addon, a UI/UX kit, or any other file that we may make available through Evite Creative Store or through Google Fonts.
“Object” means images of a single object taken from different camera angles that we make available through the Platform as a collection from which you may extract individual images.
“Preview” means single-layer low-resolution preview images of a Product, and any specifications, the description, or any other information that may accompany the Product.
“Website” means our website accessible through https://www.ekad.my and all of its subdomains and subdirectories, however accessed.
“Platform” means Website and any applications (including mobile applications), features and devices that we may make available with the purpose of delivering the Service and Products to you;
“Materials” with the exception of Products and Previews, means any text, graphics, organization and layout of the Website, Platform, software, applications, interface, logos, photographs, audio and video recordings, and other interactive content available on or making up the Platform;
While the Platform is designed to be used by people worldwide, it is primarily directed at individuals and entities located in Malaysia. It is not directed at any person or entity in any jurisdiction where, by reason of nationality, residence, citizenship or otherwise, the publication or availability of the Platform, Products or Service, are banned, restricted or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Platform. We do not guarantee that anything on the Platform, including Products, meets the requirements and regulations as they may exist outside Malaysia, or that the Service and Products will be available outside Malaysia. If you choose to access this Platform from locations outside Malaysia, you do so at your own risk and assume all responsibility for compliance with applicable local laws.
The Platform, Products and the Service are not intended to be used or consumed by children and minors without involvement and approval of a parent or guardian. If you are under the age of majority (18 years old in Malaysia), you may use the Platform only if you have the consent of your parent or guardian.
To use the Platform, the Service, or Products, you will need to have an internet connection. You are responsible for any costs you incur to access the internet.
Copyrights, Trademarks, And Other Intellectual Property
Products and the Materials are protected by Malaysia and international copyright, trademark, and other intellectual property laws.
You agree that we or our licensors own, control and retain all rights in and to Products and the Materials. No right, title or interest in Products or the Materials is transferred to you as a result of your accessing, downloading, printing, viewing or otherwise consuming Products and the Materials.
Unless we claim ownership of a particular Product, the Products are owned by their respective Authors, not by us. With respect to such designs, we simply provide a Platform to make such Products available to you as part of the Service.
and our other names, logos and taglines are our trademarks. Your use of the Platform or Products does not grant you a license or otherwise confer any rights to use these trademarks.
Trademarks of third parties as they may be used on this Platform are the property of their respective owners.
Permitted Use Of Products And Materials
We make different content available to different categories of users:
- Anyone, including Members, has access to Previews;
- Members may purchase and use Products;
- Authors may use the Platform to make their own Products available to other Members.
You may not download or otherwise use Products.
You may only view and otherwise access Previews as intended through the provided functionality of the Platform or the Service. You may only view or otherwise access such Previews for informational purposes or for the purpose of making the decision whether or not to become a Member and download the corresponding Product.
Your use of Previews must satisfy all of the following conditions. You must use Previews:
- for a non-commercial purpose; and
Furthermore, you shall not create, recreate, distribute or advertise an index of any significant portion of Products or Previews unless authorized by us in writing.
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on Previews, Products or the Materials, including montages, mashups and similar videos, audio tracks, merchandise, unless we have expressly permitted it to you in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
You shall not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on Previews, Products or the Materials, or any digital rights management mechanism, device, or other content protection or access control measure associated with Previews, Products or the Materials, including geo-filtering mechanisms.
No Unlawful Or Prohibited Use
As a condition of us allowing you to access and use the Platform, Service and Previews, you warrant to us that you will use the Service, Previews and the Platform only for lawful and appropriate purposes.
You agree that you may not and that you will not access the Platform, or use the Service, Previews or Products in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Platform, Service, Previews or Products that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Previews or Products);
- creating or contributing to a website that looks so similar to the Website that it may confuse visitors into believing that such other website and the Website come from the same source;
- involves setting up an account or otherwise accessing the Platform, Service, Previews or Products using a false email address, impersonating others, or misrepresenting your affiliation with others;
- involves attempting to contact other Members with the intention to make a private arrangement that would otherwise be made using the Yellow Images;
- involves accessing the Platform, Service, Previews or Products or retrieving any data through any automated means, including “robots”, “crawlers”, “offline readers”, or any other means not intentionally made available or provided for through the Platform;
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunication equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Platform, Service, Previews or Products, including our servers, computer network, or Member accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Platform, Service, Previews or Products;
- uses the Service to advertise or promote services that are not expressly approved in advance in writing by us;
- encourages or enables conduct that would constitute a criminal offense or give rise to civil liability;
- uses a Product without first obtaining a License or in violation of the terms of the License that accompanied your purchase of the Product;
- interferes with any other party’s use and enjoyment of the Platform, Service, Previews or Products; or
- attempts to do any of the foregoing.
User Reviews, Comments, And Other Material
Please choose wisely what User-Generated Content you post, publish, transmit or submit. Please limit yourself to User-Generated Content that is directly relevant to Products or Service. You must not post, publish, transmit or submit User-Generated Content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, contains any harmful or malicious code, virus, worm or trojan, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to us (in our sole discretion). Your User-Generated Content must not contain links to any other websites, images or destinations that are unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourage criminal conduct, give rise to civil liability, violate any law, rule, or regulation, infringe any right of any third party including intellectual property rights, or are otherwise inappropriate or objectionable to us (in our sole discretion).
You must not improperly claim the identity of another person or pretend to be another person.
You must be, or have first obtained permission from, the rightful owner of any User-Generated Content you choose to post, publish, transmit or submit. By posting, publishing, transmitting or submitting User-Generated Content, you represent and warrant that you own the User-Generated Content or otherwise have the right to grant us the license provided below. You also represent and warrant that the posting, publication, transmission or submission of such User-Generated Content does not and will not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees and other payments owed to any party by reason of you posting, publishing, transmitting or submitting such User-Generated Content. We will remove all User-Generated Content if we are properly notified that such User-Generated Content infringes on another person’s rights.
To the extent permissible under applicable law, you also hereby waive any and all moral rights that you may have in connection with your User-Generated Content, in Canada and elsewhere. You hereby authorize us to determine in our sole discretion whether or not to use your name as you used it when you posted such User-Generated Content in association with the use of such User-Generated Content. You hereby represent that you would not object to anonymous use of your User-Generated Content or to an indication of your name as you used it when you posted such User-Generated Content in connection therewith. This election is a complete and exhaustive exercise by you of your moral rights to be recognized as the author of the User-Generated Content and to be associated with the User-Generated Content. You also hereby represent and warrant that you shall not consider any modification or other use of the User-Generated Content to be causing damage to your dignity or reputation.
This license will be perpetual and will continue for at least as long as such license is necessary for us to use User-Generated Content in the manner described above, except that in certain cases, you may retain, through the functionality of the Platform, an option to control who can view certain of your User-Generated Content or to remove specific instances of such User-Generated Content.
If we provide you with an option to remove some of your User-Generated Content and you exercise that option before any person or entity further shares such User-Generated Content with others, then we will cease any future use of such User-Generated Content. We do not have an obligation to make such an option available to you. We will not have the obligation to cease using your User-Generated Content if by the time you choose to remove it, it had already been reproduced or shared by others.
We reserve the right, but have no obligation, to:
- monitor User-Generated Content;
- edit, moderate or remove User-Generated Content that we determine, in our sole discretion, is inappropriate or for any other reasons;
- Record, document and back up User-Generated Content, including the dialogue in public chat rooms;
- restrict or terminate your ability to access areas where you can post, publish, transmit or submit User-Generated Content or the Platform in general.
Despite these restrictions, please be aware that you may find some User-Generated Content provided by users or Members to be objectionable, unlawful, inaccurate, or inappropriate. We do not endorse any User-Generated Content, and such User-Generated Content does not reflect our opinions or policies. In no event do we assume any responsibility or liability whatsoever for any User-Generated Content or for our failure or refusal to take any steps directed at removing such User-Generated Content from the Platform, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such User-Generated Content. You may notify us of such objectionable, unlawful, inaccurate or inappropriate User-Generated Content by sending us an email at email@example.com. Whether or not we moderate the User-Generated Content, it will be the person who posted the objectionable User-Generated Content who will be solely responsible for such User-Generated Content.
Spam & Flood / Unsolicited Communications
You are not allowed to gather information about our Members, including email addresses, from the Platform through harvesting or automated means.
You are not allowed to post, publish, send, transmit or submit unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Members, including in the form of User-Generated Content.
You are not allowed to post, publish, send, transmit or submit bulk communications to our Members, including in the form of User-Generated Content.
If you would like to place your advertisement on the Platform, direct your inquiries to firstname.lastname@example.org
Our Relationship With You
Nothing in these Terms is to be construed as constituting a partnership, joint venture, or employment relationship between you and us or between you and any Member.
When we are acting as an agent for an Author, we do so for the limited purposes of entering into a License with Members on behalf of the Author. Outside of such limited agency, nothing in these Terms is to be construed as constituting an agency relationship between you and us or between you and any Member.
Except when we are acting as an agent for an Author, neither you nor us can bind each other in any way.
Disputes With Other Users
You are solely responsible for your interactions with other Members, including Authors, whether online or offline. You agree that we are not responsible or liable for the conduct of any Member or anyone who otherwise accesses the Platform or uses the Service.
We reserve the right, but assume no obligation, to monitor or become involved in disputes between you and other Members.
Disclaimer Of Warranties, Limitation Of Liability And Indemnity
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE PLATFORM AND THE SERVICE, YOU AGREE THAT YOU USE THE PLATFORM, THE SERVICE AND THE PRODUCTS AT YOUR OWN RISK. THE SERVICE, THE PLATFORM, THE MATERIALS, AND PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR OR THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY AND INCLUDING US, THE “YI PARTIES”) DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, CURRENCY, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT IN RESPECT OF THE PLATFORM, SERVICE OR THE PRODUCTS. THE YI PARTIES DO NOT WARRANT OR GUARANTEE THAT THE PLATFORM, SERVICE, AND THE PRODUCTS WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, TIMELY UPDATED, ERROR-FREE OR RELIABLE.
WE DO NOT CHECK EACH PRODUCT FOR CONSISTENCY, ACCURACY OR MANUFACTURABILITY. THERE MAY BE SOME PRODUCTS THAT CONTAIN ERRORS THAT MAKE THEM UNSUITABLE FOR THE INTENDED PURPOSE OR AT ALL. ALL SALES ARE FINAL. YOU UNDERSTAND AND RECOGNIZE THAT WHEN PRESSING THE “DOWNLOAD” BUTTON FOR A PARTICULAR PRODUCT, YOU ARE ACCEPTING THE FILE “AS IS”, WITH ALL RISKS ASSOCIATED WITH IT. WE ASSUME ABSOLUTELY NO RESPONSIBILITY FOR OMISSIONS, ERRORS, INCLUDING WILLFUL DEFECTS, ERRORS AND DEFICIENCIES, EVEN IF THEY MAKE THE PRODUCTS YOU DOWNLOAD UNSUITABLE, HARMFUL, DEFECTIVE OR UNUSABLE.
TO THE MAXIMUM EXTENT NOT EXPRESSLY PROHIBITED BY THE LAWS THAT MAY APPLY TO YOU IN EACH SPECIFIC SITUATION, IN NO EVENT SHALL THE YI PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR RELIANCE ON THE PLATFORM, THE SERVICE, PRODUCTS, OR ANY OTHER INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PLATFORM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF YI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF RM80.00 AND THE AMOUNT PAID BY YOU TO US, IF ANY, FOR OR IN CONNECTION WITH YOUR ACCESS TO OR YOUR USE OF THE PLATFORM, THE SERVICE OR THE PRODUCTS.
Without attracting any liability, we may, at any time, for any reason and without notice,
- make changes to the Platform, including its look, feel and format;
- make changes to our API that makes the Service or Products accessible through other websites and platforms (if any);
- make changes to the Service, or any other products and/or services we provide through the Platform; and
- discontinue the provision of the Service.
Liability And Indemnity Between Authors And Members
Each Author grants to each Member who obtains a License to use the Author’s Product, a limited indemnity as follows:
- If, despite a Member’s compliance with the terms of the License accompanying the Member’s purchase of the Product, a third party makes a claim against the Member alleging that the Member’s use of the Product infringes intellectual property or other rights of that third party; and
- if that Member promptly notifies us or the Author of the claim and gives the Author the option to control the defense of the claim (at the Author’s cost); then the Author will indemnify the Member against damages finally awarded by a court against the Member or any settlement damages agreed to by the Author regarding that claim.
Our involvement, if we choose to get involved, will be limited to acting as the Author’s agent on behalf of the Author.
The liability of each Author to Members is otherwise limited, for each Product purchased, to the Author’s compensation from the payment for that Product, except to the extent that the Author’s liability arises from wilful misrepresentations made about the item.