These terms of use govern your use of this website ("Site"). By accessing the
Site, you signify your agreement to these terms of use. Please read them
carefully.
1. Scope; Changes.
These terms of use represent the entire agreement between Creative Technology
Ltd (or "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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Links to Third Party Web sites.
Links to third party web sites 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13.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
video chat rooms that advocate or encourage expressions of violence, bigotry,
racism, hatred, obscenity, or profanity. Obscene video streams and chat are
strictly prohibited. Creative reserves the right to remove or disable any users
or video 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, password, or credit card. 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 video chat rooms and Creative has no
control over the content or availability of video or discussions sent by users.
Viewing video 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.
14. Copy of Terms of Use.
A copy of these terms of use may be printed by using your browser's print
function.
15. Contact Information.
Comments and questions regarding these Terms of Use should be directed to
us.


