Terms of Use

Terms of Use

These terms of use govern your use of this web site ("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.2.

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 and/or trademark 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 appear 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, at any time. 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, INDIRECT, 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 DIRECT, 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 such 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. Use of the Site and services to harm or exploit 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 activities on the Site. Creative reserves the right to cooperate with legal authorities or any injured third parties in the investigation of any alleged criminal or civil illegal activity. Making threats against others or encouraging bodily harm or destruction of property through the use of myLiveCam.com is strictly forbidden. Creative reserves the right to remove or disable user access, user-created profiles and video chat rooms that advocate or encourage expressions of violence, bigotry, racism, hatred, obscenity, profanity or other unauthorized activities. Obscene video streams, chat or other inappropriate content on myLiveCam.com are strictly prohibited. Impersonating a Creative employee or other person is strictly forbidden. Creative employees and agents will never ask you for your logon i.d., password, or credit card number. You should not reveal personal information about yourself or anyone else (for example home address and telephone number). You may not use any of our services to spam others. Spam includes sending many identical unsolicited messages to others, or sending messages to the chat room repeatedly. If Creative has reason to believe you may be spamming, your account will be disabled without notice. You shall 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 shall not access unauthorized accounts and services or attempt to logon to accounts which are not yours. You shall not collect or attempt to collect personal information of third parties without their knowledge or consent. Fraud, misrepresentation or misleading others is strictly prohibited. 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 and participation in chat rooms using myLiveCam.com is undertaken at your own risk. The views expressed by users are not necessarily views of Creative. You shall 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 at Creative Technology Limited, 31 International Business Park, Creative Resource, 609921 Singapore.











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