Last Updated: November 18, 2013
This Web site located at www.singtrix.com ("this Web site" or "this site") is owned and operated by Sing Trix LLC, a Delaware limited liability company (also referred to as “we”, “us” and “our”).
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
You expressly agree that you will not use this Web site or any other Internet services provided by Sing Trix for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account.
Any unauthorized commercial use of this Web site, Sing Trix's servers or Internet infrastructure is expressly prohibited. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site as determined by Sing Trix in its sole discretion.
Your Account Registration and an account may be necessary to access or participate in some of the features of this Web site. When you register, you will be asked to provide your name, email address, a user name, a password and such other personal information as is required from time to time (collectively, your “Account”). You represent and warrant that all such information is true and accurate. We reserve the right to refuse to register you and provide you with an Account and/or to deny you access to the Web site for any reason in our sole and absolute discretion.
The terms and conditions applicable to any purchase of products through this Web site are available on the Terms and Conditions of Purchase page of this site and are incorporated herein by reference.
USER CREATED ITEMS / COMMENTS / UPLOADS
This Web site may allow you to use features such as forums and chat rooms, that allow you to upload and post comments, concepts, artwork, texts, photographs, videos and other audio and/or visual materials (each a “User Created Items”). You represent and warrant that you have all approvals, rights, titles and interests in and to all User Created Items you provide and all information they contain which are necessary for you to upload and post and for us to use your User Created Items.
You upload and display all User Created Items at your own risk. All User Created Items are visible to the entire world through the world wide web. Sing Trix is not liable for any consequences of any kind which result from or are related to your decision to upload and post User Created Items.
Sing Trix will not assume any obligation to monitor, filter, censor, edit, or regulate User Created Items, although Sing Trix reserves the right to do so in its sole discretion without providing any reason or notice for such action. Sing Trix does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User Created Item. Sing Trix will not have any liability to you with respect to any decision to edit or remove any User Created Item or any decision to not edit or remove any User Created Item.
You agree not to upload or post to this Web site any User Created Item which, in Sing Trix’s sole and absolute discretion, (a) is infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper; (b) contains viruses, malware or other harmful items; or (c) has a political, promotional or commercial purpose (such as offers to sell products or services; advertisements for groups, products or companies; or solicitations for funds for any organization or cause).
In order to display your User Created Items on the Web site, and allow you to share these with other members, we need certain rights from you: By uploading or otherwise submitting any User Created Items to the Web site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Sing Trix a royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials in all forms now known or hereafter invented (whether electronic or not). In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived for the purposes of our use of such materials. Without limiting the foregoing, you hereby grant to Sing Trix the right to use and change the User Created Items in any manner that Sing Trix may determine. There is no contract, implied or otherwise, that we will compensate you for the use of any User Created Items submitted by you and, pursuant to the foregoing, we will not compensate you for any such use.
Sing Trix reserves the right, in its sole discretion, to adopt additional rules with respect to any feature of this Web site which permits the uploading and posting of User Created Items and to condition access to any such feature by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time.
Product Concepts/Unsolicited Submissions/Fan Feedback
Sing Trix does not accept unsolicited ideas, concepts, proposals or other submissions with respect to its existing or any new products. By submitting any ideas, concepts, proposals or other submissions with respect to Sing Trix’s existing products or any new product, even if done in response to a request for feedback on a product from fans, you automatically grant (or warrant that the owner of such rights has expressly granted) to Sing Trix a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your submission or incorporate your submission into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in your submission have been waived and that Sing Trix has the unrestricted right to modify, edit, alter and change your submission without your or any other person’s consent. There is no contract, implied or otherwise, that Sing Trix will compensate you for the use of your submission and, pursuant to the foregoing, Sing Trix will not compensate you for any such use.
Contests, Sweepstakes, Electronic Postcards, Newsletters And Other Activities
Ownership of Intellectual Property/Restrictions on Use
This section applies to everything on or in this Web site which is not a User Created Item.
All software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names which are part of or displayed through this Web site (the "Materials") are the property of Sing Trix or of third parties and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
No Endorsement or Association
No endorsement of Singtrix or association with Singtrix by Activision or any recording or performance artist or group is expressed or implied by any of the material on this Site or in or on the Singtrix product.
Disclaimers/Limitation of Liability
THIS WEB SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SING TRIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SING TRIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SING TRIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE THIS WEB SITE OR THE INFORMATION CONTAINED IN IT WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU, NOT SING TRIX, ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL SING TRIX HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
To the best of our ability we maintain information on retailers who carry our products. Most or all of this information is provided by our retailers, who are responsible for its accuracy. In all cases we recommend that you contact the retailer directly to inquire about the availability of specific products.
Ads And Malware
We take great care and pride in creating this Web site. We are always on the lookout for technical glitches that effect how the Web site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Web site and that is beyond our control. If you experience any unusual behavior, content or ads on the Web site, it may be the result of Malware on your computer. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Web site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Web site and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.
Denial Of Access
Sing Trix's Procedure for Making Claims of Copyright Infringement: Sing Trix respects the intellectual property of others, and we ask that those posting to this site do the same. If you believe that your copyrighted work has been copied, and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- location where the original or an authorized copy of the copyrighted work exists, such as the URL of the web site where it is originally posted or the name of the book in which it has been published.
- location of the specific URL or other location on this site where the material that you claim is infringing is located (please provide as much information as possible to allow us to locate the material).
- your name, address, telephone number, and email address.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Contact information for our agent for notice of claims of copyright infringement on this site:
Sing Trix, LLC
118 W 22nd Street
New York, NY 10011
Attn: Singtrix Copyright Division
Phone: 212.807.9700 Email: [email protected]
(Subject Line: Singtrix Copyright Division)
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Web site are registered and unregistered trademarks of Sing Trix, its affiliates and others. Your misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided herein, is strictly prohibited. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on this Web site without the written permission of Sing Trix or such third party that may own the Trademark.
If you use this Web site from other locations you are responsible for compliance with local laws and regulations. Sing Trix products are available in many parts of the world; however, this Web site may describe products that are not available in your jurisdiction.
MODIFICATION OF TERMS
This agreement constitutes the entire agreement between you and Sing Trix with respect to this Web site and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and Sing Trix. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to this Web site or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is per