These Terms and Conditions of Use (the “Terms of Use”) apply to the The Piano web site located at www.thepiano.sg (“Site”). The Site is the property of SGMusic Pte. Ltd. (“SGMusic”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

SGMusic reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SGMusic grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (but for the avoidance of doubt excluding (i) User Generated Content, and (ii) graphics, photographs, and content participating in fair dealings)(collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SGMusic, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SGMusic's express prior written consent.

 

You may use information on SGMusic products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by SGMusic for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

 

Notification of Infringement
If you believe that your copyright has been infringed, and such infringement is occurring on this Site, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) ("Infringement Notice").

 

All Infringement Notices shall be delivered by hand to us at the following address:
Attn : The Administrator
7500A, Beach Road, #15-315
Singapore 199591

 

SGMusic will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against SGMusic in respect of any copyright infringement, unless you have first given SGMusic the Infringement Notice and sufficient opportunity to remove the infringing material, and only if SGMusic refuses or fails to remove the infringing material within a reasonable time. Where SGMusic removes the infringing material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against SGMusic under any applicable laws which you may have in respect of any infringing material appearing on the Site prior to such removal by SGMusic.

 

You acknowledge and agree that SGMusic has no control and cannot undertake responsibility or liability in respect of infringing material appearing on third-party sites linked on the Site.

 

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SGMusic reserves the right to bar any such activity.

 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SGMusic server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

 

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of SGMusic, including any SGMusic account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SGMusic's systems or networks, or any systems or networks connected to the Site or to SGMusic.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SGMusic on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SGMusic or others.

 

 

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SGMusic immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SGMusic or any other user of or visitor to the Site due to someone else using your account ID, password or account as a result of your failing to keep your account information secure and confidential.

 

You may not use anyone else’s account ID, password or account at any time without the express permission and consent of the holder of that account ID, password or account. SGMusic cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

ThePiano users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

• You will not provide any false personal information on ThePiano, or create an account for anyone other than yourself without permission.
• You will not create more than one personal account.
• If we disable your account, you will not create another one without our permission.
• You will keep your contact information accurate and up-to-date.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• You will not transfer your account to anyone without first getting our written permission.
• If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

 

SGMusic's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view SGMusic's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SGMusic's control, and SGMusic is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

SGMusic DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SGMusic CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SGMusic DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SGMusic DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SGMusic SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SGMusic FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

SGMusic reserves the right to do any of the following, at any time, without notice or liability: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to impose limits on certain features or restrict your access to parts or the entire Services or Site; and (4) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. And in any such event, SGMusic shall not be liable for any loss, liability or damage which may be incurred as a result.

 

The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any financial or investment information in this Site are for use in Singapore only and are intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser.  Such information do not nor are they intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the products listed or referred to. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. SGMusic does not sponsor, endorse or promote any financial products, services or information.

 

You acknowledge that it is not SGMusic's policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that SGMusic does not endorse and shall not be responsible for any such content.

 

You acknowledge and agree that SGMusic does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and SGMusic hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.

 

You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and SGMusic shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

 

You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Terms of Use and/or Privacy Policy, contain viruses or cause you damage.  While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.

 

Except where prohibited by law, in no event will SGMusic be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SGMusic has been advised of the possibility of such damages.

 

If, notwithstanding the other provisions of these Terms of Use, SGMusic is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SGMusic’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SGMusic (but not including the purchase price for any SGMusic hardware or software products or any SGMusicCare or similar support program), or (2) SGD$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

You agree to indemnify and hold SGMusic, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SGMusic by any third party due to or arising out of or in connection with your use of the Site.

 

SGMusic may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SGMusic’s rights or property, or the rights or property of visitors to or users of the Site, including SGMusic's customers. SGMusic reserves the right at all times to disclose any information that SGMusic deems necessary to comply with any applicable law, regulation, legal process or governmental request. SGMusic also may disclose your information when SGMusic determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that SGMusic may preserve any transmittal or communication by you with SGMusic through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or SGMusic determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SGMusic, its employees, users of or visitors to the Site, and the public.

 

You agree that SGMusic may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SGMusic, for which monetary damages would be inadequate, and you consent to SGMusic obtaining any injunctive or equitable relief that SGMusic deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SGMusic may have at law or in equity.

 

You agree that SGMusic may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

 

If SGMusic does take any legal action against you as a result of your violation of these Terms of Use, SGMusic will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SGMusic. You agree that SGMusic will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Republic of Singapore. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between SGMusic and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

SGMusic administers and operates the www.thepiano.sg Site from its location in the Republic of Singapore. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Republic of Singapore. SGMusic reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the Republic of Singapore, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Republic of Singapore export laws and regulations.

 

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and SGMusic with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SGMusic with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SGMusic, SGMusic will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SGMusic's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SGMusic of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SGMusic and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Any feedback you provide at this site shall be deemed to be non-confidential. SGMusic shall be free to use such information on an unrestricted basis.

 

The information contained in this web site is subject to change without notice.

Copyright © 2008-2015 SGMusic Pte. Ltd. All rights reserved.

 

Updated on 04 October 2015.