All material on this website
is Copyright © Estelle Asmodelle 2006. All rights reserved.
Welcome to this Asmodelle.com website. Asmodelle.com.com is
a website which is operated by Asmodelle.com ( herein after
referred to as "EEF"). In purchasing goods or services from
the Asmodelle.com website, Your agreement is with EEF. All
of the Content featured or displayed on the Website is owned
by EEF, its related bodies corporate or content providers.
Following are the terms that govern Your use of the Website
and any material available from it. Please read these terms
before You continue to use the Website or purchase or download
any Digital Image or Software. Your continued use of the Website
will make the terms into a binding contract between You and
EEF regarding such use.
IF YOU ARE THINKING OF MAKING A PURCHASE YOU MUST ALSO READ
OUR DIGITAL IMAGE LICENCE TERMS AND CONDITIONS. YOU WILL BE
ASKED ON THE ORDER PAGE TO EITHER AGREE OR DISAGREE WITH THE
LICENSE TERMS AND CONDITIONS. IF YOU AGREE WITH THE TERMS
AND CONDITIONS PLEASE CLICK ON THE 'AGREE' BUTTON TO ACCEPT
THIS AGREEMENT, IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS
PLEASE CLICK ON THE 'DISAGREE' BUTTON TO DECLINE THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR
EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS
RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS
A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING
FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER
1 Definitions In these terms and conditions:
a. EEF means Asmodelle.com
b. 'You' means a party who uses the Website or who downloads
any Digital Image. If You use the Website or download a Digital
Image on behalf of Your employer this definition will include
Your employer. You will ensure that any person supplied any
Digital Image at Your request will comply with these terms,
and will be personally liable to PL if such person fails to
do so, as if such failure were a failure by You.
c. 'Content' means all of the content featured or displayed
on the Website, including, but not limited to, Digital Images,
photographs, images, moving images, and music.
d. 'Digital Image(s)' means both Low Resolution Digital Imagery
and High Resolution Digital Imagery available for download
on the Website.
e. 'High Resolution Digital Imagery' means high-resolution
images and/or film clips available for downloading on the
f. 'Invoice' means an invoice sent to You in accordance with
these Terms and Conditions.
g. 'Low Resolution Digital Imagery' means low resolution comping
images and film clips available for downloading from the Website.
h. 'Software' means any software program or code provided
by EEF in order to support the use of Digital Images which
are obtained by You from the Website.
i. 'Reproduction' means any form of colour or black and white
copying, publication, distribution or other communication
to the public of the whole or part of any Digital Image whether
by printing, photography, slide projection (whether or not
to an audience), xerography, artist's illustration, layout
or presentation, or by electronic, internet, multimedia, digital
or mechanical means or by any other means. Reproduction further
includes the use the whole or part of any Digital Image in
the creation of another picture, which may be partly or completely
different from the original Digital Image whether such difference
is caused wholly or partly by computer, electronic, digital,
mechanical or any other means. "Reproduce" has a corresponding
j. 'Website' means the whole or any part of the web site pages
located at http://www.Asmodelle.com (including the layout
of the Website, graphic design elements of the web site pages,
underlying code elements and any text, graphics, sounds, animated
elements or other content of the Website).
2 PL limits its liability to You.
You may have certain rights and remedies available to You
in relation to the provision by EEF of goods and services
on the Website under the Australian Trade Practices Act 1974
and similar state and territory legislation in Australia which
cannot be excluded, restricted or modified ("Basic Rights").
Except as provided by the Basic Rights:
a. all other conditions and warranties either express or implied
by custom, law or statute are excluded;
b. the Digital Images we provide and all Content on the Website
is provided without any warranties of any kind, either express
or implied, other than as we expressly state (for example,
we expressly promise that we are entitled to license the Digital
Images and Software on the Website);
c. EEF does not warrant that Your access to the Website or
the functions contained on the Website will be uninterrupted
or error free, that any defects will be corrected or that
the Website or the server which stores and submits Content
to You via the Website are free of viruses, malicious computer
code transmitted on or through the Website or other harmful
d. EEF expressly disclaims the accuracy of all descriptions
and specifications of any products displayed or viewed through
the Website; e. EEF expressly disclaims the currency, accuracy
or completeness of any Content or any information provided
by third parties on or through the Website. Use of the Website
is at Your own risk. Subject to these terms, You assume full
responsibility and risk of loss resulting from Your downloading,
use of, or access to data, files, information, Content, or
other material on or through the Website.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL
PL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (BUT
NOT LIMITED TO) LOSS OF PROFITS, LOSS OF OR DAMAGE TO GOODWILL
OR OTHER EXPECTATION BENEFIT OR LIABILITY TO ANY THIRD PARTY,
THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR
THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT PROVIDED
ON IT OR THROUGH IT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR THAT SUCH DAMAGES WERE FORESEEABLE.
Note: This does not limit Your Basic Rights referred to above.
3 Copyright The Digital Images, Software and other Content
we provide on the Website is all subject to copyright - in
Australia and elsewhere - belonging to us and to other people.
Your use of the Digital Images, Software or other Content
we provide or accessible through the Website does not grant
You any ownership rights in these items. Except as permitted
by law, You may not de-compile, reverse engineer, disassemble
or otherwise reduce to human-readable form any software contained
on the Website. Prior to purchase or download of any Digital
Image from the Website You should read and understand the
Digital Image License Terms and Conditions.
4 Whose Rules This contract between us will be governed by
and interpreted in accordance with the laws of New South Wales,
5 Complaints EEF aims to resolve any grievance You may have
before it gets to the stage of a complaint or dispute. Our
intention is to keep You happy through great service and by
providing timely resolution of complaints, should the occasion
ever arise. To that end, EEF has fair policies in place. You
should retain all order, Invoice and receipt documentation
from any purchase in order to explain, authenticate and expedite
any claim you might have. If You have a complaint about our
products or services or are seeking a refund please send an
email clearly describing the circumstances of Your grievance.
We will revert to You as soon as we can after investigating
Your complaint or refund/return request, but at least within
5 business days from the date we receive Your email. Where
we have been unable to resolve Your grievance to Your satisfaction,
we advise You to go to the Department of Fair Trading in Your
State or Territory or to the Australian Consumer and Competition
6 Additional Rights Available If You are unsure of Your usage
rights under this agreement, contact us by email.