TERMS OF USE OF WWW.SOUNDZIPPER.COM

The Terms of Use for www.soundzipper.com are as follows:

  1. DEFINITIONS AND INTERPRETATIONS
    1. 1.1 In these Terms the following definitions apply:
      ServicesMeans the customized Acoustic Solutions and Services provided by SOUNDZIPPER;

      SOUNDZIPPER Means Soundzipper LLP;
      Website Means www.soundzipper.com, owned by SOUNDZIPPER;
      User Means any visitor of the Website who accesses or uses the pages, contents and services offered by SOUNDZIPPER through the Website;
      Terms Means the standard terms set out in these terms of use.
    2. 1.2 The Corporate address of SOUNDZIPPER is: 
      	8 Ubi Road 2,
	Zervex Building
	#08-03, Singapore – 408538
    3. 1.3 By using the Website, User agrees and bounds himself or herself to these Terms. If a User does not agree to be bound by these Terms then that User must not use or access the Website.
    4. 1.4 SOUNDZIPPER reserves the right to change, modify, alter and / or update these Terms at any time with or without prior notice. Any aspect of the Website may be changed, updated, supplemented or deleted or discontinued (temporarily or permanently) without notice at the sole discretion of SOUNDZIPPER. Please check this page frequently and regularly for any change. A User’s continued usage of the Website after any change to these Terms will mean that the User has accepted that change.
    5. 1.5 The Website pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at the discretion of SOUNDZIPPER as and when they are found. The information on the different pages of the Website is updated regularly but inaccuracies may remain or occur between the updates.
  2. SCOPE AND PURPOSE OF THE WEBSITE
    1. 2.1 The Website is the corporate website of SOUNDZIPPER. The purpose of the Website is to provide the Users with the information and details regarding the services and personnel of SOUNDZIPPER and the field of Acoustics. ++
    2. 2.2 It is made clear here that through the Website, SOUNDZIPPER or the persons referred to in the Website are not making any offer or otherwise proposing any binding legal relationship with the Users. Unless these Terms provide otherwise, nothing in it creates a partnership or employment relationship between SOUNDZIPPER and the User.
    3. 2.3 The Website also invites the Users to comment / reply on the articles published in the blog section of the Website. A User willing to submit information will have to provide his/her name, Email Address and Website address in order to comment/reply on the articles published in the blog section of the Website.
  3. TERMS FOR THE USE OF THE WEBSITE
    1. 3.1 ELIGIBILITY: The Website content and Services are available only to those Users who have attained the minimum age of eighteen (18) years.
    2. 3.2 SOUNDZIPPER grants a limited license to each User to access and make personal use of the contents, materials, etc. of the Website or any third party content in accordance with these Terms and subject to the following conditions;
      1. i. The Website’s content, and materials shall only be used for information and non-commercial purposes (other than the transactions contemplated in accordance with these Terms) and no other use of the content or information is authorized;
      2. ii. A User shall not alter, modify, re-design, reproduce, display, publicly perform, import, distribute, republish, sell, offer for sale, or otherwise use any part of the Website Content in any way, unless expressly permitted to do so by SOUNDZIPPER.
      3. iii. A User shall not make any unauthorized copy of any trademark of SOUNDZIPPER.
    3. 3.3 SOUNDZIPPER does not give User the right to create any derivative work of the contents, of the Website or of any third party content or service available through the Website.
    4. 3.4 SOUNDZIPPER does not convey any interest in or to the information, content, services available through the Website or any other Company material including intellectual property by permitting the User to access the Website.
  4. COMMENT POSTING POLICY
    1. 4.1 Any comment, information or material (including the User’s Name) submitted by a User, to SOUNDZIPPER, for posting or displaying on the Publicly Accessible pages of the Website shall be known as “Public Submissions”.
    2. 4.2 The User shall be solely and fully liable and responsible for the Public Submissions posted, or submitted to the Website by the User.
    3. 4.3 The User grants SOUNDZIPPER a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use the Public Submissions provided by the User in any manner SOUNDZIPPER deems fit.
    4. 4.4 SOUNDZIPPER shall not be the controller, owner or author of any Public Submission submitted / posted by any User to the Website. User agrees that SOUNDZIPPER shall not be liable, in any manner whatsoever, for any Public Submissions submitted to, or posted, or uploaded on the Website, by any User. SOUNDZIPPER does not endorse any opinion expressed and posted by any User on the Website.
    5. 4.5 SOUNDZIPPER shall have no obligation to monitor any Public Submissions submitted to or posted on the Website by the Users of the Website. The User agrees that by accessing the Website, they might get exposed to information that is offensive, objectionable or indecent.
  5. REPRESENTATION AND WARRANTIES OF USER
    1. 5.1 The User warrants that any and all the personal information, materials, content provided by the User to SOUNDZIPPER and posted / uploaded on the Website shall be accurate and comply with all the relevant and applicable laws, standards, and guidelines
    2. 5.2 The User warrants that the User is the owner, or have the consent of the owner, for any content, or information, or descriptions, or images, submitted/published by the User on the Website and that the content, or information, or descriptions, or images will not infringe any intellectual property Rights including the copyright, trademark, patent, trade secret. Right of privacy, right of publicity or other legal right of any third party.
    3. 5.3 The User warrants that SOUNDZIPPER will not be required to make any payments to any third party in connection with SOUNDZIPPER’s use of the contents, or, images, or descriptions submitted or posted by the User.
    4. 5.4 The User represents and warrants that each and every image, content or description posted or submitted by the User shall not contain viruses or any other programs of technology designed to disrupt or damage any software or hardware.
    5. 5.5 The User represents and warrants that the use of any instructions, formulae, recommendations, or the like contained in the Public Submissions will not cause injury to any third party.
    6. 5.6 The User warrants that the User shall not post or submit on the Website, or transmit to other users, any content, or images which is defamatory, inaccurate, explicit, abusive, threatening, harassing, or racially offensive, obscene, sexually oriented, or which contains sexual images of any kind or child pornography.
  6. DUTIES AND OBLIGATIONS OF THE USERS
    1. 6.1 User agrees not to use the Website for illegal purposes and the User shall not violate any law, statute, ordinance or regulation relating to the use of the Website and the services provided by SOUNDZIPPER through the Website.
    2. 6.2 User shall not indulge in any activity or transaction, through the Website, that could cause SOUNDZIPPER to violate any applicable law, statute, ordinance or regulation.
    3. 6.3 User agrees that he/she has read, understood, and agrees to be bound by these terms and the privacy policy statement of the Website.
    4. 6.4 User shall not interfere with or disrupt the Website, or networks connected to, or any activity conducted on the Website in any manner including, but not limited to, use of viruses or other similar computer programming.
    5. 6.5 User shall not use any robot, spider, scraper or other device or automated means to access the Website, or to monitor the activity, or copy pages and other contents from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology.
    6. 6.6 User shall not take any action that SOUNDZIPPER believes, in its sole discretion, will impose an unreasonably large load on SOUNDZIPPER servers, including without limitation, deep linking into the Website.
    7. 6.7 User agrees to follow all the cyber laws of Singapore and all applicable international cyber laws.
  7. TEMPORARY OR PERMANENT SUSPENSION, TERMINATION ETC
    1. 7.1 Without limiting other remedies, SOUNDZIPPER may limit User’s activity, or remove content or information (Public Submissions) posted by the User, if, within the sole and independent judgment of SOUNDZIPPER:
      1. i) User breaches or SOUNDZIPPER anticipate that User might breach these Terms.
      2. ii) User posts/submits any third party’s copyright material, trademarks, or proprietary information without obtaining consent of the owner of such property.
      3. iii) SOUNDZIPPER is unable to verify or authenticate any information provided by User.
      4. iv) Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Website;
      5. v) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
      6. vi) Encouraging others to violate this Agreement;
    2. 7.2 SOUNDZIPPER can also terminate this Agreement at any time, with or without cause and these Terms shall survive until and unless terminated by Company.
    3. 7.3 The User agrees that SOUNDZIPPER shall not be liable to the User or any third party for any action taken by SOUNDZIPPER under this Clause and the resultant termination of the User’s use of or access to all or any portion of the Website.
  8. THIRD PARTIES LINKS AND SERVICES
    1. 8.1 The Website may contain links to other sites on the World Wide Web and Internet which are not under the control of, or maintained by, SOUNDZIPPER.
      SOUNDZIPPER undertakes no obligation to monitor such sites, and User agree that SOUNDZIPPER shall not be liable or responsible, in any manner whatsoever, for the content or services provided by such sites or any technical or other problems associated with any such third-party Website, Links or Usage.
    2. 8.2 SOUNDZIPPER may allow third parties to offer services through the Website. User agrees that SOUNDZIPPER shall not be liable to the User in any way for the use of such services by the User. These third parties may have their own terms of use and other policies. User must comply with such terms and policies as well as these Terms at the time of using such services.
  9. VIRUSES
    1. 9.1 SOUNDZIPPER makes all reasonable attempts to exclude viruses and other form of harmful computer attacks from the pages of the Website, but it cannot ensure this exclusion and no liability is accepted for viruses etc. Please take all appropriate safeguards before using or downloading information from the Website.
  10. INDEMNITY
    1. 10.1 The User agrees to indemnify and hold harmless SOUNDZIPPER, its employees and agents against all liabilities, legal fee, damages, losses, costs and other expenses in relation to any claims or actions brought against SOUNDZIPPER by any third party due to or arising out of any breach by the User of these Terms or other liabilities arising out of or relating to the Website.
  11. DISCLAIMER OF WARRANTIES
    1. 11.1 The Content and Information on the Website are provided on an “as is” basis. SOUNDZIPPER, and its affiliates make no representations or warranties about the accuracy, completeness, security or timeliness of the Content or Information provided on or through the Website. The User shall use the Content, or Information provided by the Website at his / her own risk.
    2. 11.2 SOUNDZIPPER shall not be liable if the Website is unavailable at any time, for any period and for any reason. Access to the Website may be suspended temporarily without notice in case of system failure, maintenance, repairs or any other cause.
    3. 11.3 SOUNDZIPPER disclaims all warranties whether express, or implied, statutory or otherwise, including but not limited to the implied warranties arising from the course of dealing or usage of the Website and any obligation, liability, or remedy in tort, whether or not arising from the negligence of SOUNDZIPPER.
  12. LIMITATION OF LIABILITY
    1. 12.1 SOUNDZIPPER, its affiliates or licensors, directors, employees, or its third-party partners shall not be liable to User whether in contract, tort or otherwise at law, for any incidental, direct or indirect, punitive or consequential loss or damage whatsoever, and/or loss of profits, revenue, goodwill business opportunity or damages arising out of or in connection with:
      1. i. The use of the Website, including inaccuracy of the content, or services and / or availability of the Website.
      2. ii. The Modification, suspension or termination of any part or aspect of the Website.
      3. iii. Third Party Transactions resulting from the use of Website.
      4. iv. Dealings with the other Users of the Website.
      5. v. Any information submitted to or posted/displayed on the Website by the Users, or for any failure to correct or remove the said information.
  13. NOTICES AND COMMUNICATIONS
    1. 13.1 The User shall send all the notices and information, required to be made under these terms, at the Corporate Address of SOUNDZIPPER or at the following Email ID: [email protected]
    2. 13.2 SOUNDZIPPER shall send all the information, required to be made under these terms, to the User at the Email Address of the User provided by the User through the Website.
  14. GENERAL
    1. 14.1 These Terms (including all the other policies, terms and agreements described in these Terms, which are hereby incorporated herein by this reference) are the entire agreement between the User and SOUNDZIPPER and replaces all previous agreements between them relating to the same subject matter.
    2. 14.2 If any provision of these Terms are found under the laws of any jurisdiction to be invalid, illegal or unenforceable, the validity, legality or enforceability of that provision in that jurisdiction shall not in any way affect the validity, legality or enforceability of all the provisions of these Terms in any other jurisdiction.
    3. 14.3 If any court or competent authority decides that any of the provisions in the Agreement are invalid, unlawful or unenforceable to any extent, that provision will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
    4. 14.4 No waiver of a breach of any part of these Terms shall affect a party’s right to enforce that part or any other part of these Terms for a later breach. The failure of a party to insist upon strict performance of any part of these Terms shall not be construed as a waiver of any prior or later default of the same or similar nature.

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Singapore 068808

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