Terms of Use
These terms of use govern your use of this website
("Site") and of any account(s) that you register for on this
website. By accessing and/or registering for an account on the
Site, you signify your agreement to these terms of use. Please
read them carefully.
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SCOPE; CHANGES.These
terms of use represent the entire agreement between Creative
Technology Ltd and/or its affiliates (collectively referred
to as "Creative", "we", "our" and "us") and you, superseding
prior agreements concerning the same subject matter. We may
change these terms of use at any time and such updates shall
be effective immediately upon posting of the amended terms
of use. We urge you to review these terms of use each time
you visit the Site. By continuing to access the Site after
the updated terms of use have been posted, you are deemed to
have conclusively accepted the updated terms.
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PERSONAL INFORMATION;
PRIVACY.See our Privacy Policy
for our policy regarding the collection and use of your
personal information. You agree that we may collect and use
the visitor information subject to the terms and conditions
stated in our Privacy Policy.
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MATERIALS AND
RESTRICTIONS.All materials on this
Site, including but not limited to audio, images, software,
text and video clips (collectively referred to as the
"Content") are protected by copyright laws and international
conventions. You cannot use the Content, except as specified
herein. You agree to follow all instructions on this Site
limiting the way you may use the Content. There are a number
of proprietary logos, service marks and trademarks found on
this Site belonging to Creative or other corporations and
third parties. By making them available on this Site,
Creative is not granting you any license to utilize those
proprietary logos, service marks, or trademarks. Any
unauthorized use of the Content may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil
and criminal statutes.
- LIMITED LICENSE.This Site is
provided by Creative and may be used for informational purpose
only. By using this Site or downloading materials from this
Site, you agree to abide by the terms and conditions set forth
in these terms of use. If you do not agree to abide by these
terms and conditions, do not use this Site or download
materials from this Site.
Subject to your continued
compliance with the terms and conditions set forth in these
terms of use, Creative grants you, a non-exclusive,
non-transferable, limited right to access, use, display and
listen to this Site and the information, images, sounds and
text therein for your non-commercial personal use. You agree
not to interrupt or attempt to interrupt the operation of the
Site in any way.
You may download one copy only of the
Content to be used only by you for your non-commercial
personal use unless the page or Content you are accessing
states that you may not. If you download any Content, you may
not remove any copyright or trademark notices or other notices
that go with it. You agree not to distribute or reproduce any
of the Content downloaded by you.
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USER SUBMISSIONS.Subject to the terms of
the Privacy Policy if you send any communications or
materials to the Site by electronic mail or otherwise,
including any comments, data, questions, suggestions or the
like, all such communications are, and will be treated as,
non-confidential and non-proprietary. Thus, you give up any
claim that any use of such material violates any of your
rights including moral rights, proprietary or other property
rights, publicity rights, rights to credit for material or
ideas, or any other right, including the right to approve
the way Creative uses such material.
Any material
submitted to this Site may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published,
sold, transmitted or used by Creative, its subsidiaries and
affiliated companies anywhere in the world, in any medium,
forever. Furthermore, Creative, its subsidiaries and
affiliated companies are free to use, without any
compensation to you, any concepts, ideas, know-how or
techniques contained in any communication you send to the
Site for any purpose whatsoever, including but not limited
to developing, manufacturing and marketing products using
such information. However, you agree and understand that
Creative is not obligated to use any such ideas or materials
and you have no rights to compel such use.
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AVAILABILITY OF PRODUCTS/SERVICES.The
products and services displayed on the Site may not be
available for purchase in your particular country or
locality. The reference to such products and services on the
Site does not imply or warrant that these products or
services will be available at any time in your particular
location. You should check with your local Creative
authorized representative for the availability of specific
products and services in your area.
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LINKS TO THIRD PARTY WEB SITES.Links to
third party web sites (if any) are provided solely as a
convenience to you. You are advised to check the privacy
policies and terms of use of those sites before providing
your personal information to them. Creative has not reviewed
these third party web sites, does not control and is not
responsible for any of these sites, their content or their
privacy policies. Creative does not endorse or make any
representations about these sites, or any information,
products or other materials that may be found there. Access
to and use of other such web sites is at the user's own risk
and subject to any terms and conditions applicable to such
access/use.
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NO WARRANTY.Your access to and use of the
Site are at your own risk. The Site is provided "as-is"; and
to the maximum extent permitted by applicable law we
disclaim all other representations and warranties express or
implied regarding the Site (including without limitation)
its fitness for a particular purpose, its quality, its
merchantability, its performance, its non-infringement of
third party rights, its accuracy, completeness or other
characteristics, or the results obtained by using the Site.
We do not warrant that the Site is free from bugs, viruses,
errors, or other program limitations, nor do we warrant
access to the Internet or any other service through the
Site. Some states and countries do not allow the exclusion
of implied warranties, so the above exclusions may not apply
to you. In that event, any implied warranties are limited in
scope to the extent permitted by applicable law and in
duration to ninety (90) days from the initial date of
accessing the Site.
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LIMITATION OF LIABILITY.In no event will we
be liable to you for any third party claim or for any
consequential, direct, indirect, punitive, consequential
incidental or special damages, including without limitation,
any lost profits or lost savings, regardless of the form of
action whether in contract, tort (including negligence),
strict product liability or otherwise, even if it was
foreseeable or the possibility of such damages was brought
to our attention. You agree that your sole remedy against us
for loss or damage caused by the Site, regardless of the
form of action, whether in contract or in tort, including
negligence, strict liability or otherwise, is limited to
$500. Some states or jurisdictions do not allow the
exclusion or limitation of incidental, consequential or
special damages, or exclusion or limitation of liability for
death or personal injury caused by our negligence, so some
of the above limitations may not apply to you. In that
event, recoverable damages will be limited in scope and
amount to the least allowable under applicable law.
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INDEMNIFICATION.You agree to indemnify,
defend and hold Creative and all of its agents, directors,
employees, information providers, licensors and licensees,
officers and subsidiaries and affiliated companies,
(collectively, "Indemnified Parties") harmless from and
against any and all liability and costs (including, without
limitation, reasonable attorneys' fees and costs), incurred
by the Indemnified Parties in connection with any claim
arising out of any breach by you of these terms of use or
the foregoing representations, warranties and covenants. You
will cooperate as fully as reasonably required in Creative's
defense of any claim. Creative reserves the right, at its
own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you and
you shall not in any event settle any matter without the
written consent of Creative.
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GOVERNING LAW; JURISDICTION; LITIGATION
COSTS.These terms of use shall be construed and
governed by the internal laws of the Republic of Singapore,
excluding the application of its choice of law principles.
You agree that any action at law or in equity arising out of
or relating to these terms of use shall be filed only in the
courts located in Singapore and you hereby consent and
submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If we bring any
action against you or you bring any action against us
regarding the subject matter of these terms of use, the
prevailing party shall be entitled to recover, in addition
to other relief granted, reasonable attorney fees and
expenses of litigation. Notwithstanding any other provision
of these terms of use, we have the right to seek the remedy
of specific performance of any term contained in these terms
of use, or a preliminary or permanent injunction against the
breach of any such term or in aid of the exercise of any
power granted in these terms of use, or any combination
thereof, in any court having jurisdiction thereof.
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SEVERABILITY; NO WAIVER.If any provision of
these terms of use, or their application to any person,
place, or circumstance, is held by a court of competent
jurisdiction to be invalid, unenforceable or void, the
remainder of these terms of use and such provisions as
applied to other persons, places and circumstances shall
remain in full force and effect. Neither our failure nor our
delay in exercising, enforcing or taking action against you
with respect to any of our rights or powers shall operate as
a waiver of such powers or rights. No single or partial
exercise by us of any of our powers or rights will preclude
us from exercising such powers and rights in the future or
from exercising other powers and rights.
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GENERAL TERMS OF USE.Use
of the Site or services to harm minors in any way is
strictly prohibited. Users under the age of 16 should obtain
parent's or guardian's permission before taking part in any
of the Site's activities. Creative reserves the right to
cooperate with legal authorities, or any injured third
parties in the investigation of any criminal or civil
illegal activity. You may not make threats. Making threats
against others or encouraging bodily harm or destruction of
property is strictly forbidden. Creative reserves the right
to remove user-created profiles and chat rooms that advocate
or encourage expressions of violence, bigotry, racism,
hatred, obscenity, or profanity. Obscene streams and chat
are strictly prohibited. Creative reserves the right to
remove or disable any users or chat rooms that are obscene
or contain nudity. Impersonating a Creative employee is
strictly forbidden. Creative employees and agents will never
ask you for your logon or password. You should not reveal
personal information about yourself or anyone else (for
example home address and telephone number). Do not use
Creative's web services to spam others. Spam includes
sending many identical unsolicited messages to others, or
sending messages to the chat room repeatedly. If Creative
feels you may be spamming, your account will be disabled
with no notice. No copyright or trademark infringement is
allowed. You may not upload or transmit any material that
may infringe on any copyright, trademark, patent, or any
proprietary rights of Creative or any third party. You may
not access unauthorized Creative's accounts and services.
You may not attempt to logon to accounts which are not
yours. You may not use our Site to collect or attempt to
collect personal information about third parties without
their knowledge or consent. Fraud and misrepresentation are
strictly prohibited. You may not knowingly mislead others
with the intent that the other party will act on it. You
acknowledge that Creative does not prescreen users in the
chat rooms and Creative has no control over the content or
availability of discussions sent by users. Viewing streams
on our Site is undertaken at your own risk. The views
expressed by users in our Site are not necessarily views of
Creative. You may not use our Site, network or services to
transmit viruses or malicious programs.
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USE OF SXFI CONTENT.
Upon registering for and/or using a SXFI account, and/or
upon using the SXFI App and/or any SXFI product, you agree
to be bound by the following terms:
Subject to
these terms, Creative hereby grants you a limited, personal,
non-exclusive, non-sublicensable, non-transferrable, and
non-assignable license to use or access any Content that
Creative provides for use with the SXFI App and/or any SXFI
product (“SXFI Content”) solely for non-commercial purposes.
Any digital content output through the SXFI App and/or any
SXFI product (“User Content”) shall only be used for
personal and non-commercial consumption or purposes. Except
for the rights expressly granted herein, you acknowledge
that all other rights, including without limitation
intellectual property rights (e.g. trademarks, copyrights,
registered designs, patents, know-how and other applicable
rights) relating to the SXFI Content, remain with Creative.
Any and all rights in the SXFI Content shall remain the
exclusive property of Creative and/or its licensors. If you
are using SXFI Content on behalf of an organization (such as
your employer), you are agreeing to these terms for that
organization, and represent that you have the authority to
bind that organization to these terms; in which event, “you”
and “your” refer to that
organization.
14.1 Restrictions on Use
of SXFI Content and/or User Content.
You undertake and agree not to:-
- Use the SXFI Content and/or User Content
commercially, for benchmarking, public performance or
broadcasting, or to compile information for a product or
service;
- Copy, modify, (re)distribute, post, (re)transmit,
communicate, display, perform, reproduce, broadcast,“mirror”,
duplicate, publish, republish, stream, upload, sublicense,
offer for sale, rent or lease, transfer or assign the SXFI
Content and/or User Content or other information contained in
or obtained from the SXFI Content and/or User Content to any
third party by any means, except as provided for in these
Terms, or where such use would not violate any applicable
right, or with the prior written consent of
Creative;
- Decompile, disassemble, create derivative works, or
otherwise reverse engineer the SXFI Content, or engage in any
other activities to obtain underlying information that is not
visible to the user in connection with the normal use of the
SXFI Content, except as provided for in these Terms, or where
such use would not violate any applicable right, or with the
prior written consent of Creative;
- Scrape, access, monitor, index, frame, link, deep
link, embed or copy any SXFI Content and/or User Content or
other information contained on or obtained from SXFI Content
and/or User Content by accessing or otherwise utilizing SXFI
Content and/or User Content through automated means, using any
robot, spider, scraper, web crawler, or any other method of
access other than manually accessing the publicly-available
portions of SXFI Content and/or User Content through a browser
or accessing SXFI Content and/or User Content through any API
approved by Creative;
- Breach the restrictions in any robot exclusion
headers of SXFI Content and/or User Content, if any, or bypass
or circumvent other measures employed to prevent or limit
access to SXFI Content and/or User Content;
- Use the SXFI Content
and/or User Content in conjunction with any
stream-ripping, stream capture or similar software to record
or create a copy of the
SXFI
Content and/or User Content that
is presented to you in streaming format;
- Use the SXFI Content
and/or User Content as part of any service for
sharing, lending or multi-person use, or for the purpose of
any other institution, except as specifically permitted and
only in the exact manner provided herein;
- Attempt to, or assist, authorize or encourage others to
circumvent, disable or defeat any of the security features or
components that protect, obfuscate or otherwise restrict
access to the SXFI
Content and/or User Content;
and
- Remove any watermarks, labels or other legal or
proprietary notices included in the
SXFI
Content and/or User Content, or
attempt to modify the SXFI
Content and/or User Content,
including any modification for the purpose of disguising or
changing any indications of the ownership or source of the
SXFI Content
and/or User Content.
14.2
Restrictions on Use of Intellectual Property.You
undertake and agree not to:-
- Post, utilize or otherwise make available any other
party's intellectual property unless you have the right to do
so, or remove or alter any copyright, trademark or other
proprietary notice contained in the SXFI Content and/or User
Content; and
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Post any trade secrets or other confidential
information, or any material in relation to the SXFI Content
and/or User Content that you do not have a right to make
available under any law or under contractual or other
relationships, including but not limited to inside
information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under non-disclosure
agreements.
14.3 Use of SXFI
account information.Upon registration
of a SXFI account, you agree to grant Creative permission to
utilize the name, email address and password you provided
for setting up your SXFI account, to set up your account on
the SXFI App, and also to communicate with
you.
14.4
Indemnity.You agree to defend,
indemnify and hold harmless Creative and its affiliates,
service providers, distributors, licensors, officers,
directors and employees, from and against any and all
losses, damages, liabilities, and expenses arising out of
any claim or demand (including reasonable attorneys' fees
and court costs), due to or in connection with your
violation of these Terms or any applicable law or
regulation, or third-party right.
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COPY OF TERMS OF USE.A
copy of these terms of use may be printed by using your
browser's print function.
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CONTACT
INFORMATION.Comments and questions
regarding these Terms of Use should be directed to us.