ACCEPTANCE OF TERMS
Welcome to the public forum hosted by Creative Labs (Ireland) Limited ("Creative"). Creative provides its service to you, subject to the following Terms of Service ("Terms"), which may be updated by us at any time without notice to you. The most current version of the Terms will always be located here.
DESCRIPTION OF SERVICE
Creative currently provides users with access to links to various on-line resources, online forums, and personalized content. You understand and agree that the Service is provided "as is" and that Creative assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
REGISTRATION OBLIGATIONS AND RIGHTS
In consideration of your use of the Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Creative has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Creative has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any part of it).
All personal data relating to you collected by Creative from which we can identify you will be recorded electronically and only used in accordance with the Data Protection Act 1998.
In completing the registration you will give Creative data about you which we will use for monitoring the operation of the Website, administration and future changes to the site to improve the service provided, as well as marketing, advertising and promotional purposes. From time to time Creative may want to share this data with other reputable companies both within and outside the European Union. By registering you agree to the use of the data for these purposes, unless you click on the relevant button on the registration form to say you do not consent to the use of your data for these purposes.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Creative of any unauthorized use of your password or account or any other breach of security. Creative will not be liable for any loss or damage arising from your failure to comply with these obligations.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Creative, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. While Creative does try to moderate such features, we do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Creative be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Creative employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Creative does not pre-screen Content, but that Creative and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the above, Creative and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to Creative, including without limitation information in Message Boards and in all other parts of the Service.
You acknowledge and agree that Creative may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the Terms;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Creative, its users and the public.
You understand and agree that the technical processing and transmission of the Service, including your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
PUBLIC CONTENT POSTED TO THE WEB SITE
With respect to all Content you elect to post to publicly accessible areas of the Service, you grant Creative a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
INDEMNITY AND LIMITATION OF CREATIVE'S LIABILITY
You agree to indemnify and hold Creative and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
Creative is not liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these Terms or otherwise), even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention, through your use of this Website, or participation in the forum.
The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs.
The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
Without prejudice to the above, our liability under these Terms (whether arising in negligence or otherwise) will not under any circumstances exceed £500.
Nothing in these Terms limits our liability for death or personal injury resulting from our negligence.
The website contains material submitted and created by Creative and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.
The website may also contain links to other websites which are not under the control of and are not maintained by us. We are not responsible for the content of those websites. We provide these links for your convenience only but do not necessarily monitor or endorse the material on these websites.
MODIFICATIONS TO SERVICE
Creative reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Creative shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that Creative, in its sole discretion, may terminate your password, account (or any part of it) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Creative believes that you have violated or acted inconsistently with the letter or spirit of the Terms.
Creative may also in its sole discretion and at any time discontinue providing the Service, or any part of it, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Creative may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that Creative shall not be liable to you or any third-party for any termination of your access to the Service.
COPYRIGHT NOTICES
The copyright in the contents of all the pages in this website are owned by or licensed to Creative, unless otherwise specified.
ENTIRE AGREEMENT
These Terms together with our privacy policy contains the entire agreement and understanding between the parties relating to the subject matter of these Terms, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party.
We exclude all representations and warranties relating to the subject-matter of these Terms, whether they are statutory or otherwise, as far as is possible by law. In the event of conflict or inconsistency, the following priority shall apply: (1) these Terms (2) the privacy policy.
CONFLICT
In the event of conflict or inconsistency between the terms of the English version of these Terms and any translation provided by us the English version shall prevail.
SEVERABILITY
If any term of these Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms shall remain valid and enforceable.
GOVERNING LAW AND JURISDICTION
Use of this website and these Terms is subject to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.
The Courts of England and Wales shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this website and its use and these Terms.
Where national regulatory authorities have jurisdiction over the contents of this website, we have attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries from which the pages in this Website should not be accessed.
VIOLATIONS
Please report any violations of the Terms to webmaster@creative.com
