This is a legal agreement between the owner of Singaname.com, Miyow Pty Ltd (thereafter referred to as "Miyow"), a company registered in Sydney, Australia and owner of this site, and you, the user of our site (thereafter referred to as "user").
- By accessing, browsing and/or using our sites (including Miyow.com) you acknowledge that you have read, understand, and agree to be bound to these terms of service ("terms") and to comply with all applicable laws and regulations. If you do disagree to these terms, please do not use this site.
- This agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of Australia and New South Wales. We reserve the right to submit any dispute arising between you and Miyow to binding arbitration in Australia.
- Miyow hereby grants you a limited license to copy and use the songs and services (thereafter collectively referred to as "materials") provided on this site for your personal, non-commercial use, subject to these terms. Design and layout of the site are specifically excluded from the materials. No other use of the site or materials is authorized. You agree that any copy of the materials (or any portion of the materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
- Framing of our site or any materials on it on other web sites is strictly prohibited and requires expressed written permission by Miyow.
- The products, technology, and/or processes described and/or used on this site may be the subject of intellectual property rights reserved by Miyow or other third parties. This applies particularly to our LyriMix™ technology, for which Miyow Pty Ltd holds a pending patent.
- All of the material available on the site is copyright © 2005, Miyow Pty Ltd, or used under appropriate license. The following are trademarks of Miyow Pty Ltd and its affiliates: SingaName, SingaName.com, Lyricize, Lyricise, Lyricize.com, Lyricise.com, Miyow, the Miyow cat, Music in your own words, LyriMix, MRec. Use of the any of our trademarks as meta-tags for search engines is strictly prohibited.
- Miyow reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service: sending harassing, abusive, or threatening messages; sending obscene or pornographic messages or images; sending defamatory or libelous messages; sending viruses or other harmful, disruptive, or destructive files; attempting to steal passwords or credit card information; sending messages in furtherance of unlawful, criminal, or fraudulent activity; or attempting to conceal or misrepresent the identity of the sender. Violations of our terms of use policy may result in the sender being blocked from using Miyow's services in the future. Miyow may disable the sender's account without compensation or refund. Miyow reserves the right to disclose any relevant information, including but not limited to user name, email, account information, transaction history, cookies to third parties, including recipients, their counsel, and/or law enforcement authorities to address past violations of our terms of use policy and to prevent future violations.
- You may not use this site to send songs, emails or SMS messages to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the materials is strictly prohibited. Miyow reserves the right to limit, in its sole discretion and without prior notice to you, the number of a user's transactions.
- You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these terms.
- Miyow may feature on its sites, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. Any of such goods and services available through these links are offered by independent companies, which are not affiliated in any way with Miyow. Miyow makes no representations as to the quality, fitness, workmanship, value, appropriateness or reliability of the merchandise available or the solvency or financial viability of any advertiser. Miyow will not reimburse or indemnify you for any losses you may incur as a result of transactions with any Miyow advertiser.
- There may be circumstances where access to Miyow's sites are provided by a link located at another web site. Neither Miyow nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Miyow nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Miyow nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this site.
- Miyow may allow you to create your own greeting cards by uploading your own photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these terms.
- When you upload or send material to our site, including but not limit to photos, artwork, song lyrics or suggestions for songs that Miyow may offer for personalization, you grant Miyow an irrevocable license to use any such material for commercial use. You will grant this license without any compensation, unless otherwise expressed in writing by Miyow. All materials, information, and services provided on any Miyow site are provided without any warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. There is no warranty against interference without your enjoyment of any materials, information or services (including but not limited to any data, text, images, sounds, or computer programs) or against infringement. Miyow is not responsible for any failure of songs, ecards or messages sent through any of its sites to reach their intended recipients or to reach such recipients on the date specified by the sender. The materials available on the site are subject to change without notice.
- Neither Miyow nor any of its officers, directors, employees or affiliates shall be liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidential damages of any kind whatsoever (including but not limited to lost profits or attorneys' fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the site, or from your reliance on any information provided at the site, even if Miyow has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate including but not limited to breach of contract, breach of warranty, negligence, strict liability misrepresentation and any other sort. In the event the foregoing limitation of liability set forth herein shall be for any reaons held unenforceable or inapplicable, you agree that Miyow and its affiliates' aggregate liability shall not exceed any sums paid pursuant this agreement.
- Miyow does not guarantee availability of its sites and services and may choose to discontinue or change its sites and services without prior notice. The user is responsible to ensure that all email can be received. Miyow is not liable for any damage resulting from email filters, e.g. spam or bulk email filters, blocking the email delivery of Miyow products. The user is also responsible to ensure that mobile phones receiving Miyow products are cabable and properly configured for mp3 playback and downloads from http based internet services. The user are responsible for any data download charges incurred with mobile network operators. Miyow does not guarantee that email and mobile phone delivery systems and gateways operated by Miyow or any contracted third parties are available. In case of delivery failure the burden of proof is with the user to show that Miyow or its contrators are responsible for the delivery failure in question. In such case Miyow will refund the purchase price, while Miyow will not be liable for any damages or claims by the user or other recipients of the Miyow product.
- You agree to hold harmless Miyow and its affiliates and parties with whom Miyow has contracted for purposes including but not limited to providing services on this site, host or maintain the site from all claims based upon communications or materials made available by you on the site.
- Miyow does not make any representation that this site and its materials are available or appropriate for use in locations outside Australia. Users who choose to access this site from locations outside Australia do so on their own initiative and are responsible for compliance with local laws.
- You hereby indemnify, defend and hold harmless Miyow and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. Miyow reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- You acknowledge that you have read and agree to Miyow's privacy policy.
- In the event Miyow determines, in its sole discretion, that you have violated these terms, Miyow shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the use of this site, and/or pursue any other remedies available to it under applicable law.
- Miyow shall have the right to revise these terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this site to determine the then-current terms to which you are bound.
- If you feel that any material posted on Miyow's sites infringes on a copyright that you hold, please contact us.