Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by E-Studio, acceptance is expressly limited to these terms.
If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and E-Studio may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause E-Studio liability. You must immediately notify E-Studio of any unauthorized uses of your account or any other breaches of security. E-Studio will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
your employer has rights to intellectual property you create, you have either
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your account is not named in a manner that misleads your visitors into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own
and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by E-Studio or otherwise.
E-Studio reserves the right to ban any member or website from using the service for any reason.
If you delete Content, E-Studio will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, E-Studio has the right (though not the obligation) to, in E-Studio's sole discretion
E-Studio has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Website, E-Studio does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. E-Studio disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which E-Studio links, and that link to E-Studio. E-Studio does not have any control over those non-E-Studio links and webpages, and is not responsible for their contents or their use. By linking to a non-E-Studio website or webpage, E-Studio does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. E-Studio disclaims any responsibility for any harm resulting from your use of non-E-Studio websites and webpages.
As E-Studio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by e-stud.io violates your copyright, you are encouraged to notify E-Studio in accordance with E-Studio's Digital Millennium Copyright Act ("DMCA") Policy. E-Studio will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. E-Studio will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of E-Studio or others. In the case of such termination, E-Studio will have no obligation to provide a refund of any amounts previously paid to E-Studio.
This Agreement does not transfer from E-Studio to you any E-Studio or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with E-Studio. E-Studio, the E-Studio logo, and all other trademarks, service marks, graphics and logos used in connection with E-Studio, or the Website are trademarks or registered trademarks of Xentral Methods or E-Studios licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any E-Studio or third-party trademarks.
E-Studio reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. E-Studio may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
E-Studio may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your E-Studio account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by E-Studio if you materially breach this Agreement and fail to cure such breach within thirty (30) days from E-Studios notice to you thereof; provided that, E-Studio can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided "as is". E-Studio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither E-Studio nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will E-Studio, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
E-Studio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
We're sorry if our servers get stolen by Captain Black Beard
You represent and warrant that
You agree to indemnify and hold harmless E-Studio, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between E-Studio and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of E-Studio, or by the posting by E-Studio of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Malaysia.