Terms of Use

Welcome to the EWM website. By accessing or using our web site at www.eastwest-media.net or ewm.eshopwebs.com or www.ewm.asia or the mobile version(s) thereof (together the "Site") or by posting a link to us on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of our Knowledge Base or Blog or any other services we may make available on the Site from time to time ("the Service"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Disclaimer

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. EWM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. EWM is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will EWM be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any Site Content or Third Party Applications, Software or User Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

EWM is not responsible or liable in any manner for any Site Content or Third Party Applications, Software or User Content posted on the Site or in connection with the Service, whether streamed in, posted or caused by users of the Site, by EWM, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User Conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Site Content or Third Party Applications, Software or User Content. EWM is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

THE SITE, THE SERVICE (INCLUDING BUT NOT LIMITED TO THE BLOG, KNOWLEDGE BASE AND ANY MOBILE SERVICES), ANY PLATFORM APPLICATIONS (APIs) AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND EWM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EWM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. EWM DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

EWM reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by EWM.

Privacy Policy

You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: http://www.eastwest-media.net/privacy.htm.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

1. upload, post or otherwise transmit through or to this website any content that:
   1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
   2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
   3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any e-mail addresses;
6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by EWM;
7. redistribute any content, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
8. intentionally alter the format in which any content is provided by us or otherwise circumvent our regular interfaces to such data; and
9. embed or import any content provided by us into any information services (whether or not web-based), data files or application software, including without limitation mobile client software, except as specifically permitted in writing by EWM.

The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the web site, in any manner or in any quantities not authorized in writing by EWM.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

Third Party Websites, Site Content, Products and Services

You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our website and any of their services, including payment for and delivery of any related goods and services, are solely as between you and such third parties. You understand and acknowledge that some of the services accessible on our website are provided by third parties (including, but not limited to, newsfeeds, on-demand video or any other streaming data) and that in certain instances, we may receive referral fees and/or other compensation from third parties on a per use or other basis based on your purchase or use of third party goods or services found on or accessed through our website. You acknowledge that in such dealings with third parties, we are not the seller or provider and your agreement of purchase or for services with such third party is solely between you and the third party, and not EWM. EWM assumes no responsibility whatsoever for any charges, losses or liabilities you or anyone through you incurs when making purchases or completing transactions with such third parties. As a user of our website, you acknowledge and agree that we shall not be responsible or liable in any way for any loss or damage of any kind which you or any other user through you may incur as a result of, or in connection with, any dealings or transactions with such third parties.

By accessing third party services through our website, you hereby authorize such third party service providers to provide EWM with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

The letters EWM (in small case, Colonna Font) depicted as a logo, the flower logo, the yin-yang logo, the ibranding logo, the social networking logo and all other identifying marks of EWM, shall remain the exclusive property of EWM, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, script customization, interface layout, interface text, documentation and graphics (collectively, the "Site Content"), is the copyrighted property of EWM unless expressly attributed or stated otherwise and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use provided that you keep all copyright or other proprietary notices intact and provided that Site Content may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Permission to use any content as governed by these Terms of Use is revocable at any time without notice and with or without cause.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent (in English) by electronic mail to "copyright@eastwest-media.net".

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to us are non-confidential and shall become the sole property of EWM. EWM shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Limitation on Liability

AS A USER, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AVAILABLE ON THIS WEBSITE SHALL BE ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL EWM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF EWM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EWM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EWM FOR THE SERVICE, BUT IN NO CASE WILL EWM'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO EWM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM EWM, REGARDLESS OF THE CAUSE OF ACTION.

Termination

In the case of services requiring registration, EWM may terminate your membership or participation, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are in breach of any of these Terms of Use.

General

These Terms of Use constitute the entire agreement between you and EWM regarding the use of the Site and/or the Service, superseding any prior agreements between you and EWM relating to your use of the Site or the Service. If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use which shall continue in full force and effect. The failure of EWM to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

You agree that these Terms of Use, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations of them, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of Thailand, without regard to conflict of laws provisions. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Thailand.

Contact

If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us at admin@eastwest-media.net.