Thank you for visiting the Image Keyworder website (the “Website”). Image Keyworder Software (the “Software”) is an OnAsia Images Pte., Ltd product.
Following are the General Terms and Conditions governing the use of the Website. You agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that OnAsia may publish from time to time. Please read them carefully before accessing or using the Website.
Copyright Protection
Through the Website, OnAsia provides you with access to a variety of information, resources, download areas and product information. The entirety of the site, including all its content, meaning text, graphics, photographic images, moving images or sound, featured and displayed on the Website are protected by copyright, trademark, trade dress and other international laws relating to intellectual property.
Downloading Software from this Website
The software that is available for download from this Image Keyworder site is the copyrighted work of OnAsia. Use of the Software is governed by the terms of an End User License Agreement (the “EULA”) which accompanies the Software. OnAsia may from time to time make available as part of its customer support service, components, tools or utilities for use with the Software, you accept and agree that the terms of the EULA shall govern the use of any such customer support services.
The Software is made available for download solely for your personal and non-commercial use. You may not copy, modify, distribute, display, publish, transmit, reproduce, license, create derivative works from, transfer, or sell the software or any information, software, products or services obtained from the Website. You agree that you will not reverse engineer, decompile or otherwise attempt to discover the source code of the Software. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law.
Subscription Account Security
In order to install the Software you will be required to complete a registration process. You will be required to choose a password for your subscription account. You are entirely responsible for maintaining the confidentiality of your password and subscription account. You are also responsible for any and all activities that occur under your account and OnAsia will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Privacy
OnAsia has defined a specific policy where issues relating to privacy are concerned. This policy is laid out in our Privacy Policy which can be accessed through a link on the home page of the Website. By agreeing to the terms and conditions laid out hereto you are also agreeing to OnAsia’s stated Privacy Policy.
Links
There may be links from the Image Keyworder Website to other websites. These websites are neither owned by nor controlled by OnAsia. As such, OnAsia cannot be held responsible for any loss or damages arising out of your use of these websites. You hereby waive all claims against OnAsia relating to the use of any such linked website(s).
DISCLAIMER OF WARRANTY
You will indemnify, hold harmless, and defend OnAsia or its employees against any and all claims, proceedings, demands and costs resulting from or in any way connected with your use of this Website and/or any Software downloaded from the Website.
In no event (including, without limitation, in the event of negligence) will OnAsia or its employees be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, work stoppage, computer failure or malfunction, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Website, the Software or the use or inability to use the Website or the Software.
The Website and the Software is provided "as-is" and OnAsia makes no representation or warranties of any kind, express, implied or otherwise in respect of the Website and the Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
Without limiting the foregoing, OnAsia makes no warranty that the Website or the Software including any updated versions will (i) meet your requirements or expectations; (ii) be uninterrupted, secure, or error-free; (iii) provide results that are accurate or reliable; (iv) have errors or defects corrected.
General
OnAsia reserves the right to change or amend the terms and conditions laid out in this Agreement. Similarly no actions by OnAsia, except a written waiver or amendment, can be considered as a waiver or amendment of any item contained within this Agreement or that of our Privacy Policy. If any clause of this Agreement should be found to be unenforceable, wherever possible this will not render ineffective any other clauses or terms contained in this Agreement or that of our Privacy Policy.
The above Terms and Conditions set out the entire Agreement between yourself and OnAsia regarding the use of this Website. You hereby warrant that you have the authority to enter into this binding Agreement either as an individual or on behalf of a company.
Governing Jurisdiction
You accept that the terms and conditions laid out in this Agreement shall be interpreted, construed and governed by the laws of the Republic of Singapore, whose courts are recognized as being the courts of exclusive jurisdiction for the purpose of this agreement. The terms of this Agreement shall not, however, be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods or any other similar convention or laws.