- 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.
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.
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 or contact us for the availability of specific products and services in your area.
- 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.
- 14. 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:-
a) Use the SXFI Content and/or User Content commercially, for benchmarking, public performance or broadcasting, or to compile information for a product or service;
d) 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;
e) 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;
f) 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;
g) 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;
h) 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
i) 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:-
a) 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
b) 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.