SXFI | 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.

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

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.

14.1 Restrictions on Use of SXFI Content and/or User Content.

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
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.

14.4 Indemnity.

COPY OF TERMS OF USE. A copy of these terms of use may be printed by using your browser's print function.
CONTACT INFORMATION.Comments and questions regarding these Terms of Use should be directed to us.