Terms of Use

  1. ACCEPTANCE OF TERMS

    1. In these terms and conditions ("Terms"), "we", "us" or "our" refers to Soundfyr Media Pte. Ltd. ("Soundfyr"). "You" and "your" refers to any person and/or organization accessing or using the website soundfyr.com ("Website") and/or any services or content provided on or through the Website. Any reference to the Website shall include our mobile application [Soundfyr ("Application") available on various mobile platforms including but not limited iTunes App Store & Google Play.
    2. Your use of the Website is subject to these Terms as may be amended by us from time to time. If you do not agree to these Terms, please exit the Website immediately.
    3. Any personal data or information which you provide to us is also subject to the latest version of our Privacy Policy (available at [http://soundfyr.com/pages/privacypolicy]), which is incorporated by reference into these Terms
    4. In accessing or using the Website, you agree:
      1. to be bound by the latest version of our Terms without variation or modification; and
      2. that in the jurisdiction to which you are subject, you are of legal age to use the Website and to create binding legal and financial obligations for any liability you may incur as a result of the use of the Website.
    5. We may revise these Terms at any time without notice to you and any changes will be uploaded on the Website. These changes shall take effect from the date of upload and your continued use of the Website from such date will be deemed to constitute acceptance of the new Terms. It is your responsibility to check the Website for such changes from time to time.
  2. OWNERSHIP

    1. The Website and all its Contents are owned by us or licensed to us by third parties including but not limited to the contributors of video and audio contents and our licensors. "Contents" refer to all contents on the Website including but not limited to, all text, graphics, audio and images, music, videos, html code, photographs, chat-boxes, interactive features, software, scripts, advertisements, buttons, the arrangement and compilation of contents and any trade marks, names, logos, designs, pages, documents and multimedia.
    2. We (or where applicable, our licensors) retain all legal, equitable and moral rights in the Website and its Contents that have not been expressly granted to you.You acknowledge that you have no right, title or interest in and to the Website and its Contents and you agree not to challenge their validity or our ownership of or rights to them.
    3. The Website is offered by us from our facilities in Singapore and we make no representation that its Contents comply with the laws or is appropriate for use any other jurisdiction. You shall ensure that you comply with all applicable laws in the jurisdiction in which you access the Website and shall be solely responsible for all consequences of any non-compliance.
    4. Contents on the Website are provided to you on an "AS IS" basis for your information and non-commercial use only. We do not guarantee that the Website, the Contents or the services provided on or through the Website will be accurate, free of faults or error and do not accept liability for any inaccuracies, errors or omissions.
    5. We reserve the right to change, modify, substitute, suspend, withdraw or remove without notice any information, Content, service and/or feature of the Website from time to time. Your access to the Website may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds).
    6. The Website uses cookies. A cookie is a small text file that is placed on your computer or mobile phone. It transmits data to us that helps us analyse web page traffic and improve the Website in order to tailor it to users' needs. We may use cookies to personalise your online experience by gathering information about your usage patterns and preferences and triggering our web applications to respond to you according to those patterns and preferences. A cookie does not give us access to your computer or mobile phone. You may alter your computer or mobile phone to disallow the operation of cookies and/or other aspects of the Website. However, if you do so, the operation of the Website may be affected and you may not obtain the full benefit of the Website. If you view other website(s) created by third party(ies), you should note that a cookie from third party(ies) may be placed on your computer or mobile phone by such third party website(s) that we do not control.Various other technologies may also be used on the Website in order to make them more user-friendly, effective and secure. These technologies include but are not limited to web beacons, tracing links, click stream data and web analytics.
  3. ACCOUNT REGISTRATION

    1. You will be required to register for a user account in order to use certain services available on the Website. If you choose to register a user account with us, our Terms and Conditions of Account Registration (available at [http://soundfyr.com/pages/termsandconditions]) will also apply.
  4. USE OF THE WEBSITE

    1. We grant you permission to use the Website according to these Terms solely for your personal, non-commercial use, unless otherwise agreed.
    2. The Website is intended to be a music-focused website and you acknowledge and agree that you will not use the Website for non-music related matters and activities. You agree to comply at all times with the Soundfyr Code of Conduct (available at www.soundfyr.com/CodeOfConduct , the latest version of which is incorporated by reference into these Terms, when using the Website.
    3. You may download any video and/or audio Content, which has so been made available for download on the Website by other users, for your own personal non-commercial viewing only. If you wish to use any Content for commercial purpose, please contact the relevant user directly. All Contents on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without our or the relevant owner's prior written consent. You must not modify, adapt, translate, decompile, alter, disassemble, reverse engineer or create derivative works from any Content from the Website or copy, reproduce, republish, upload, post, transmit, distribute or otherwise communicate or cause to be displayed to the public any Content, or any modification, adaptation, translation, decompilation, alteration, disassembly, reverse engineering or derivative works created from anyContent, without our or the relevant owner's prior written consent.
    4. You must not and are not allowed to:
      1. employ misleading e-mail addresses or falsify information in any part of any communication transmitted to, from or through the Website.
      2. use any "robot," "spider", "crawler" or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or Content found on the Website.
      3. take any action or otherwise use any device, software or routine to interfere or attempt to interfere with the proper working of the Website
      4. interfere or attempt to interfere with services we provide on the Website including, but not limited to, "flooding" of networks, attempts to overload a service, attempts to "crash" the Website and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure. You must not use any kind of program, script, command, or application, or send messages of any kind, designed to, in any manner interfere with any use of the Website.
      5. circumvent or attempt to circumvent any user authentication or security measures of any Internet or intranet site or any of the accounts or any other person using the Website, including but not limited to, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us.
      6. use the Website or any Content to commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation in any jurisdiction to which you are subject.
      7. use the Website or any Content for any purpose that is or will be contrary to our interests.
    5. While we do not have the obligation to monitor, control or otherwise manage how the Website is used by all users, we reserve the right to monitor usage of the Website by any person and have the sole discretion to refuse access or use by any person at any time without having to give any reason or any prior notice.
    6. Nothing in these Terms is deemed to grant to any person or entity any right or licence to use any Content on the Website in any form of advertising, promotion or marketing materials without our prior written consent.
    7. Save for the promotion of Music Groups through the Website, advertisement of goods and services on the Website without our consent is strictly prohibited.
  5. PUBLIC POSTINGS

    1. Registered users are allowed to submit or post videos or other communications or content on the Website ("Public Postings").
    2. We do not endorse any Public Posting or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with all Public Postings.
    3. You agree that when using the Website, you will be exposed to a wide variety of Public Postings from many different users, and that we are not responsible for the veracity, accuracy, usefulness, safety, or intellectual property rights associated with such Public Postings. You also agree that you may be exposed to Public Postings that are false, inaccurate, offensive, indecent, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to such Public Postings.
  6. SALE OF GOODS THROUGH THE WEBSITE

    1. Certain goods may be offered for sale through the Website by us and/or third party merchants. The provision of such goods are subject to the Terms and Conditions of Online Sale(available at www.soundfyr.com/TCOS.
    2. There should be no sale of goods or services through the Website aside from that found at www.soundfyr.com/fyrPlace Any merchant who wishes to offer its goods for sale on the Website should contact us at partnerships@soundfyr.com. We reserve the right to remove any Public Posting which purports to sell goods and/or services through the Website.
  7. THIRD PARTY WEBSITES

    1. The Website may contain links to third party websites that are not owned or controlled by us. All hyperlinks to other websites are provided to you for convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using or accessing the Website, you acknowledge and agree that such use and access of any third party website is at your own risk, and you expressly relieve us from any and all liability arising from such use or access.
  8. LINKS TO THE WEBSITE

    1. You may encounter other websites which may contain hyperlinks to the Website. Such hyperlinks on those websites do not necessarily indicate that we are associated or affiliated with those websites or the providers of those websites or the goods and services offered at those websites. Please check with us before relying on third party statements of association or affiliation with us.
    2. If you do not have our written permission, you may not create hyperlinks to the Website or any of its Contents. If we give permission, we may impose terms and conditions on you.
    3. We reserve the right to change the URL of the Website without prior notice.
  9. MOBILE APPLICATION LICENCE

    1. Subject to these terms, we grant you a non-exclusive, revocable, non-transferable, limited licence to use the Application and Application Developments (as defined in Clause 10.1 below) only for your personal and non-commercial purposes.
    2. This license does not transfer any title in the Application and Application Developments to you. We retain all ownership rights in the Application and Application Developments and reserve all rights not expressly granted to you.
    3. This license only allows you to use the Application and Application Developments on one mobile device at a time.
    4. We are not obliged under this license to provide you with any documentation in any form, support, telephone assistance, enhancements or updates to the Application and Application Developments.
  10. APPLICATION AND APPLICATION DEVELOPMENTS

    1. We may update or upgrade the Application to enhance or further develop the Application from time to time ("Application Developments"). You may download and use the Application Developments to update the Application on any mobile device that you own or control. For the avoidance of doubt, you must not update devices that you do not own or control.
    2. You agree to us collecting and using your device's technical data and all its associated information, including without limitation, technical information about your device, system, software, device functionality and device specifications. The collected technical data may from time to time be used to facilitate the provision and improvement in Application Developments, software updates, product support and other services associated with the Application (if any). You agree that we may use this technical data, provided that it does not personally identify you, to improve our Application, Website, or to provide you with services or products.
  11. MOBILE SERVICE, INTERNET ACCESS AND USAGE CHARGES

    1. You acknowledge and agree that for the Application to function, it requires:
      1. a compatible mobile device with wireless mobile data service;
      2. Internet access.
    2. You agree that you may incur additional charges from your use of the Application. You are solely responsible for obtaining a suitable device and procuring and paying for such additional services or equipment necessary to access and use the Application, including but not limited to all associated usage charges, payments of all associated third party fees, and fees for information sent to or from the Application.
    3. You consent to sending and receiving electronic communications (including but not limited to SMS, MMS, text messages and/or other electronic means) for any non-marketing purpose that is associated with the Application, including without limitation to, administrative notices, maintenance announcements, analysis data reports, and Application Developments, from us, your mobile carrier or third party service providers. You shall bear all costs incurred from such electronic communications.
    4. You acknowledge that the Application may not be compatible with all devices or mobile carriers and that you are solely responsible for ensuring that your device is compatible with the Application. You may be required by third party service providers to pay additional fees for continued access and use of one or more functions of the Application or for the products or services they provide. In the event that additional fees are charged, you agree to pay such fees for your continued use of the relevant functions of the Application or such products or services, without cost or liability to us.
  12. SECURITY

    1. You acknowledge that there are inherent risks in Internet communications and conducting transactions over the Internet or electronic networks and you have voluntarily assumed those risks. We expressly disclaim any liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Website.
  13. REPORTING VIOLATIONS

    1. If you discover any Content on the Website that you believe infringes your intellectual property rights or which is otherwise illegal, offensive, defamatory, obscene or otherwise violates the Soundfyr Code of Conduct, please report this to us through written notification at:

      Soundfyr Media Pte. Ltd
      abuse@soundfyr.com
    2. Your written notification should contain at least the following information:
      1. clear identification of the specific Content on the Website that you assert infringes your intellectual property rights or is otherwise illegal, offensive, defamatory, obscene or otherwise violates the Soundfyr Code of Conduct, including details of where such Content can be located;
      2. where applicable, clear description of your intellectual property or any other right or law that you claim has been infringed;
      3. reasons why you believe that the identified Content infringes your intellectual property rights or is otherwise illegal, offensive, defamatory, obscene or otherwise violates the Soundfyr Code of Conduct;
      4. your contact details including your full name, address, telephone number, email address and your user name if you have one;
      5. your declaration that all information you provide in your written notification is complete and accurate.
    3. We shall be entitled to request for such additional information, evidence and documents as we deem fit before taking any action.
  14. INDEMNITY

    1. Notwithstanding anything to the contrary, you shall indemnify and at all times hereafter keep us and all our related corporations and affiliates, respective officers, directors, employees and agents indemnified against any and all losses, damages, actions, proceedings, costs, claims, demands, liabilities (including full legal costs) which may be suffered or incurred by us or asserted against us by any person, party or entity whatsoever, in respect of any matter or event whatsoever arising out of or in connection with your breach of any provision in the Terms, your use and access of the Website and any Content and/or your violation of the rights of any third party.
    2. To the extent permitted under applicable laws, you hereby release us, our related corporations and affiliates, our respective directors, officers, employees and agents from any and all claims or liabilities related to or in connection with any Content, including Third Party Content and Public Postings, any action or inaction by a third party vendor, including the third party vendor's non-performance, failure to comply with applicable law and/or failure to abide by the terms of its goods or services, and any conduct, content, post, comment or recording, whether online or offline, of any other user.
  15. DISCLAIMER

    1. The Website and all its Contents, including but not limited to all goods or services described or made available by means of the Website, are provided on an "as is" and "as available" basis only and you use them at your own risk.
    2. To the extent permitted by law, we expressly disclaim all warranties whether express, implied or arising by statute or otherwise in law, or from a course of dealing or usage of trade, including but not limited to, any warranties:
      1. (of merchantability, satisfactory quality, fitness for any purpose, non-infringement;
      2. as to the accuracy, completeness, currency or reliability of the content or services offered on the Website;
      3. as to the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Website;
      4. that the website, its contents, its servers or any e-mail sent from us are free of viruses, trackers, bugs, worms, time bombs, trojan horses, trap doors or other codes designed to permit unauthorised access, to disable, modify, erase, damage, steal or usurp data or otherwise harm any data or computer system;
      5. that the use of the Website or its contents will not harm any data or computing system.
    3. We further specifically disclaim liability for any Content of any kind on theWebsite, including but not limited to recordings, posts, comments, posted by any third party or user on the Website and you acknowledge and agree that we shall not in any event be held liable for any offensive, defamatory, infringing or illegal conduct or Content of any third party or user, regardless of whether it is found on the Website.
  16. LIMITATION OF LIABILITY

    1. To the maximum extent permitted by law, and even if advised of the possibility of such damages, we shall not in any event be liable for any injury, loss, claim, damage, costs and expenses or any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind or for any lost profits or lost savings, whether based in contract, tort (including negligence), equity, strict liability, statute or otherwise, suffered as a result of:
      1. use of or access to the Website;
      2. use of or reliance on the Content or information contained in the Website;
      3. any error, mistake or inaccuracy of any nature;
      4. any virus, tracker, bug, worm, time bomb, trojan horse, trap door or other codes designed to permit unauthorised access, to disable, modify, erase, damage, steal or usurp data or otherwise harm any data or computer system; or
      5. any other reason associated with the Website.
  17. GOVERNING LAW AND DISPUTE RESOLUTION

    1. These Terms shall be governed by the laws of the Republic of Singapore.
    2. Any dispute shall be referred to and finally settled by the courts of the Republic of Singapore and you shall submit to the jurisdiction of the courts of the Republic of Singapore.
  18. GENERAL TERMS

    1. These Terms set out the entire agreement between you and us on your use of the Website and supersede any prior agreement.
    2. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the provisions herein.
    3. Any amendment of these Terms, if sought by you, shall not be effective unless it is made in writing and signed by our duly authorised representative.
    4. You shall not assign or transfer these Terms or any rights herein, or sub-contract or delegate any duty or obligation hereunder to any third party, except with our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person without having to seek your permission.
    5. No third party shall have any right to enforce any of these provisions under the Contracts (Rights of Third Parties) Act (Cap.53B) or any other theory of law.
    6. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
    7. Any failure by us to insist upon strict compliance with any term of these Terms shall not be construed as a waiver with regard to any subsequent failure to comply with such term.
    8. Nothing in these Terms creates a joint venture, partnership, relationship of employment or agency between us.
    9. Neither of us has authority to contract on behalf of or bind the other.
    10. The rights and remedies under these Terms are cumulative and not exclusive of any other right or remedy provided by law or equity.

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