- SCOPE; CHANGES. These terms of use represent the entire agreement between
Creative Technology Ltd and its subsidiary and affiliated companies (or "Creative", "we", "our" and "us") and
you relating to your use of this
Site, 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.
- AGE RESTRICTIONS. The website may be accessed and used only by individuals who
can form legally binding contracts under applicable laws, who are at least 16 years of age or the age of
majority in their state or territory
of residence (if higher than 16), and who are not barred from using the Web Site under applicable laws.
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GLOBAL AVAILABILITY & ACCESSIBILITY.
The Creative Student Store is available to students with a valid student ID and email address in
France, Germany, Italy, Spain, United Kingdom, Austria, Belgium, Denmark, Finland, Greece, Hungary, Ireland,
Luxembourg, Malta, Netherlands,
Norway, Poland, Portugal, Slovenia, Sweden, Switzerland and Singapore only, and shipments will be made to
students in such countries only.
All students who have been successfully verified and registered for the Creative Student Store, whether
directly on Creative.com or via third-party verification platforms, will be granted full access to the
student store and if consent has been granted,
may receive marketing communications from Creative.com. Promotions in the Creative Student Store may differ
between countries and will only be available through
https://en.creative.com/edu/student/ upon sign-in with
your student email address. Weekly promotions may offer even higher discounts. All advertised prices
include taxes and are exclusive
of shipping and handling fees. Creative.com reserves the right to make changes to any promotions, revoke
access and/or terminate the Creative Student Store at any point of time without prior notice.
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PERSONAL INFORMATION; PRIVACY.
See our Privacy Policy and Personal Data Protection Policies (where applicable) for our policies 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 and Personal Data Protection
Policies (where applicable).
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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.
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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.
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USER SUBMISSIONS. Subject to the terms of the Privacy Policy and Personal Data Protection Policies
(where applicable) 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 video chat
rooms that advocate or encourage expressions of violence, bigotry, racism, hatred, obscenity, or profanity.
Obscene video streams and
chat are strictly prohibited. Creative reserves the right to remove or disable any users or video 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, password, or credit card. 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 video chat rooms and Creative has no control over the content or availability of video or
discussions sent by users. Viewing
video 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.
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COPY OF TERMS OF USE. A copy of these terms of use may be printed by using your browser's print
function.
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CONTACT INFORMATION. Comments and questions regarding these Terms of Use should be directed to
us.