Terms of Use - Easil

Terms of Use

Welcome to the Easil App (the App), which is owned and operated by Easil Pty Ltd A.C.N.607 630 311 (we, us, our or Easil).

Your access to the App, and your use of the services we provide (the Service), is conditional upon your acceptance and ongoing compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the App constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time. Should any significant amendments occur, notification will be provided by publication on the Easil website located at www.easil.com 14 days prior to the changes being implemented (the Notice Period) unless the circumstances of the amendments makes it unreasonable to provide such a Notice Period. Your continued use after the Notice Period has lapsed indicates your consent to be bound by the modified and/or amended Terms of Use.

Our services

We cannot be responsible for any delays or interruptions to the App and/or the Service. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the App and/or the Service will be available at all times or at any given time.

We may at any time and without notice to you, modify or discontinue the App and Service in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our modification or discontinuance of the Website and the Service.

Prohibited conduct

In relation to the App and/or the Service, you must not:

  • use the App and/or the Service for any activities or post or transmit via the App and/or the Service, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the App and/or the Service to post or transmit any material which interferes with other users or defames, harasses, bullies, intimidates, threatens, menaces or restricts any person or which inhibits any user from using the App and/or the Service or the Internet;
  • use the App and/or the Service to post or transmit any material where doing so violates the intellectual property rights, confidentiality or trade secrets of another party;
  • use the App and/or the Service to post or transmit content that contains violence (including self-harm), hate speech, obscenity, nudity or pornography;
  • use the App and/or the Service to send unsolicited email messages;
  • use the App and/or the Service to post or transmit content that contains, or amounts to, advertisement, attempted business solicitations, marketing materials or sales promotional materials;
  • in any way tamper with, hinder or modify the App and/or the Service;
  • knowingly transmit any viruses, spyware or other forms of malware or other disabling features to the App or via the Service; or
  • attempt any of the above acts or encourage, or facilitate, or assist another person to do any of the above acts.
Intellectual Property

The materials displayed on the App, including the software, design, text, images, audio, video and graphics comprised in the App, and the selection and layout of the Website are owned or under licence by Easil and protected by Australian and International laws.

Your use of the App and/or the Service does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the App without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the App.

You may view the App and its contents using your web browser. In visiting the Website or by using the Service, you may make a temporary copy of the App by means of the usual operation of your web browser only.

You must not:

  • reproduce or use any of the material on the App for commercial purposes, including sale;
  • in any way modify the material displayed on the App; or
  • cause any of the material on the App to be framed or embedded in another website or product.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the App in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Third party links

The App may contain advertising and/or hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Indemnity

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

By using the App and/or the Service, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the App and/or Service by you.

Disclaimer

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) may confer you with rights and remedies relating to the provision of goods or services to you by us via the App and/or Service which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the App and/or Service:

  • all material displayed on the App is provided to you without warranties of any kind, either express or implied;
  • the Service is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material within the App or your access to the App and/or Service will be uninterrupted or error free, that any defects will be corrected or that the App and/or Service, or the servers which stores and transmits material to you are free of viruses or any other harmful components; and
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the App and/or Service including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the App and/or Service.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the App and/or the Service. In particular, as the App and the Service may serve as a conduit for information, you may be able to access, download or otherwise use content provided by other users of the Service. Such content may contain viruses, spyware and other forms of malware. We do not undertake to screen the content and accept no liability for damage suffered by you, either directly or indirectly, as a result of your access to user generated content via the App and/or the Service.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

  • the resupply of the services; or
  • the payment of the cost of having the services resupplied.

In the case of goods supplied or offered by us:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.
Privacy

By agreeing to and accepting the Terms of Use, you also agree to the terms of our Privacy Policy.

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without prior notice to you. In the event of termination, we will post a notice to that effect on the Website. All restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive the termination.

Severability

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

Miscellaneous

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the App and/or Service may not be legal by certain persons or in certain countries. If you access the App and/or the Service, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction, and any other laws applicable to you.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Where you have deleted data, including personal information, such data may persist in back-up copies for a reasonable time.

Jurisdiction and Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to conflict of law provisions. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use. This clause will survive a termination of the Terms of Use agreement.

Contacting us

Please email [email protected] if you have any questions relating to the Terms of Use.

Terms of Use last updated on 21 December 2015.


LICENCE AGREEMENT (SINGLE-USE)

This Licence Agreement (Single-Use) governs the terms upon which you (the User or you) may obtain the right to create and use an Easil design (Easil Design) via the Easil website (the Website), which is owned and operated by Easil Pty Ltd (A.C.N.607 630 311) (we, us, our, or Easil).

Your decision to export an Easil Design to an external location is conditional upon your acceptance and compliance with the terms and conditions contained in this document (collectively known as these Terms). Your use of the service provided by Easil (the Service) constitutes your agreement to these Terms.

We reserve the right to amend the Terms at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

  1. SINGLE-USE LICENCE TERMS
    • 1.1 Subject to these Terms, Easil will grant you a non-exclusive, non-transferable worldwide licence to use the Easil Design, which you have created via the Website and any Stock Media incorporated for a Permitted Use.
    • 1.2 All other rights in and to the Stock Media, including, without limitation, all copyright and other intellectual property rights will be retained by Easil in perpetuity.
    • 1.3 Easil may, at its absolute discretion, use any Easil Design, in whole or part, for any purpose whatsoever.
    • 1.4 Easil reserves the right to revoke or amend the licence granted under these Terms and replace the Stock Media with an alternative for any reason.
  2. LICENCE FEE
    • 2.1 Before you may take possession of, or use the Easil Design created through the Service, you must pay to Easil the amount specified via the Website (the Licence Fee).
    • 2.2 Portions of the Licence Fee may correspond to any Specified Intellectual Property, which is incorporated into an Easil Design.
    • 2.3 You may not engage in any use of the Easil Design, until such time that you pay the Licence Fee to Easil in full.
    • 2.4 The Licence Fee may be paid to Easil via any of its reasonable payment methods as stated from time to time.
  3. PERMITTED USES
    • 3.1 You may use the Easil Design for any of the following permitted uses:
      (a) invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and audio presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards up to 2,000 prints;
      (b) online or electronic publications, including web pages, blogs, eBooks and videos, limited to a maximum of 480,000 total pixels per Stock Media file;
      (c) books and book covers, magazines, newspapers, editorials, newsletters and video broadcast and theatrical presentations up to 2,000 prints;
      (d) school or university projects;
      (e) social media posts or to create a profile image;
      (f) decorative background on a personal computer or background device;
      (g) prints, posters and other reproductions for promotional purposes, but not for resale, licence or other distribution; and/or
      (h) any other uses approved in writing by Easil.
    • 3.2 Any use of an Easil Design or Stock Media outside, or in excess of, the Permitted Uses is prohibited.
  4. WARRANTIES AND INDEMNITIES
    • 4.1 By agreeing to the terms and conditions contained in these Terms, you warrant that you:
      (a) will not use any Easil Design or Stock Media for any use other than a Permitted Use;
      (b) will validate the accuracy of any factual information included in an Easil Design;
      (c) will not engage in any conduct, which damages or is likely to prejudice Easil’s business or reputation;
      (d) will not defame any person, infringe the copyright or other intellectual property rights of any third party; and
      (e) will not breach, or cause Easil to breach, any other law applicable to an Easil Design.
    • 4.2 Easil warrants that no Stock Media will include any material, which infringes any person’s intellectual property rights.
    • 4.3 You acknowledge that misuse of the Website and/or the Service, as determined in the sole discretion of Easil, may result in denial of access to the Website and any further action deemed necessary by Easil.
    • 4.4 You indemnify Easil against any and all liability, loss, costs and expenses arising from a breach, by the User, of any warranty or representation or term within these Terms.
  5. DISCLAIMER
    • 5.1 While Easil has made reasonable efforts to correctly categorise, keyword, caption and title the Stock Media, Easil takes no responsibility for the accuracy of such information, or any metadata, which may be provided with the Stock Media.
    • 5.2 Easil takes no responsibility for any harm whatsoever, which may occur, as a direct or indirect result of your use of the Service or the Website.
    • 5.3 Easil takes no responsibility whatsoever, for any infringement of copyright or Intellectual Property rights, which may occur as a direct or indirect result of your use of the Service or the Website.
  6. TERM, TERMINATION AND SUSPENSION OF ACCOUNT
    • 6.1 These Terms commence upon the User expressing his or her acceptance of the terms and conditions contained in these Terms.
    • 6.2 If the User engages in any use of an Easil Design or any Stock Media that does not constitute Permitted Use, then Easil may, at its absolute discretion take all or any of the following actions:
      (a) terminate these Terms in writing with immediate effect;
      (b) suspend a User’s Account;
      (c) take any further action it deems necessary.
    • 6.3 If any act by the User or any person using the User’s Account constitutes abuse of the Service or the Website, then Easil may, in its absolute discretion suspend and/or terminate the User’s Account, effective immediately.
    • 6.4 The User may terminate these Terms by destroying the Easil Design and Stock Media, along with copies or archives of it or accompanying materials, and ceasing to use the Easil Design for any purpose.
    • 6.5 Termination of these Terms will not affect the accrued rights or remedies of either party.
  7. PRIVACY
    • 7.1 By agreeing to and accepting the terms and conditions contained in these Terms, you also agree to our Privacy Policy.
  8. GENERAL
    • 8.1 You acknowledge and agree that Easil may, in its absolute discretion:
      (a) monitor anything you Export from or upload to the Website or the Service;
      (b) retain indefinitely details of an Easil Design that you have Exported; and
      (c) track any misuse of the Website or Service by the User or any person using the User’s account;
    • 8.2 These Terms constitute the entire agreement between the two parties and replaces all prior understandings, agreements and warranties between the parties concerning the subject matter of these Terms.
    • 8.3 The User must not use or disclose any confidential information concerning Easil, which the User possesses, other than for the purpose of providing a work under these Terms.
    • 8.4 The User must not assign any right or obligation that exists under these Terms without prior written consent from Easil.
    • 8.5 Easil may assign its rights and obligations under these Terms.
    • 8.6 All rights not expressly granted under these Terms are reserved.
    • 8.7 If Easil does not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.
    • 8.8 The laws of Queensland, Australia will govern these Terms.
  9. INTERPRETATION
    • 9.1 In these Terms, unless the contrary intention appears:
      Account means the account, which must be created by the User via the Website in order to use the Service.
      Easil Design means the visual or graphic design, which is created by the User, using the Service, and incorporating the Stock Media.
      Export means to download or otherwise obtain the benefit of an Easil Design.
      Permitted Uses means the use permitted under Clause 3 of these Terms.
      Service means the graphic design service provided by Easil via the Website.
      Specified Intellectual Property means any logo, brand or other Intellectual Property, which may be incorporated into an Easil Design as an item of Stock Media.
      Stock Media means the component parts of the Easil Design, including, but not limited to:
      (a) logos;
      (b) trade marks;
      (c) shapes;
      (d) colours;
      (e) design and design elements;
      (f) images; and
      (g) any other component parts that may be incorporated into a design.
Contacting us

Please email us if you have any questions relating to these Terms.

This Licence Agreement (Single Use) was last updated on 21 December 2015.