1.0	Agreement between you and musicians.com.sg
1.1	Your use of the musicians.com.sg website and service (referred to collectively as the "Services" in this document and excluding any services provided to you by Musicians under a separate written agreement) is subject to the terms of a legal agreement between you and Musicians.
1.2	"Musicians" refers to musicians.com.sg, whose principal place of business is at 107a Rowell Road Singapore 208031.
1.3	Unless otherwise agreed in writing with Musicians, your agreement with Musicians will always include all the Terms and Conditions laid out in this document.

2.0	Acceptance of Terms
2.1	The Musicians website and its Services are offered to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without prior notice to you. The most current version of the TOS may be viewed at http://www.musicians.com.sg/?p=section&sub=article&articlegrppk=12&articlepk=48
2.2	In order to use the Services, you must first agree to the TOS.
2.3	You may accept the TOS by:
	(a) clicking to accept or agree to the TOS, where this option is made available to you by Musicians in the user interface for any Service; or
	(b) by actually using the Services. In this case, you understand and agree that Musicians will treat your use of the Services as acceptance of the TOS from that point onwards.
2.4	You may not use the Services and may not accept the TOS if
	(a) you are not of legal age to form a binding contract with Musicians; or
	(b) you are a person barred from receiving the Services under the laws of Singapore or other countries including the country in which you reside or from which you use the Services.

3.0	Description of Service
3.1	Musicians provides users with music-related services (in Singapore), including search services, event listings, forums, posts and blogs which may be accessed through any various medium or device now known or hereafter developed (the "Service").
3.2	You also understand and agree that the Service may include advertisements and that these advertisements are necessary to Musicians to provide the Service.
3.3	You also understand and agree that the Service may include certain communications from Musicians, such as service announcement, administrative messages and the Musicians newlsetter, and that these communications are considered part of Musicians membership and you will not be able to opt out of receiving them.
3.4	Unless explicitly stated otherwise, any new features which will augment or enhance the current Service, including the release of new Musicians properties, shall be subject to the TOS.
3.5	You understand and agree that the Service “as is” and that Musicians assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
3.6	You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3.7	Musicians is constantly innovating in order to provide the best possible Service for its users. You understand and agree that the form and nature of the Service which Musicians provides may change from time to time without prior notice to you.
3.8	You also understand and agree that if Musicians disables your access to your account, you may be prevented from accessing the Service, your account details or any files or other content which is contained in your account.

4.0	Your Registration Obligations (use of Services by you)
4.1	In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Singapore or other applicable jurisdiction.
4.2	You also agree to provide true, accurate, current and complete information about yourself as part of the registration process for the Service, or as part of your continued use of the Services. You also agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4.3	If you provide any information that is untrue, inaccurate, not current or incomplete, or Musicians has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Musicians has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4.4	You agree to use the Services only for purposes that are permitted by the TOS and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Singapore or other relevant countries).
4.5	You also agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.0	Member Conduct
5.1	You agree to not use the Service to:
	(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
	(b) harm minors in any way;
	(c) impersonate any person or entity, including, but not limited to, a Musicians official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
	(d) forget headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
	(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
	(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
	(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose;
	(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
	(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
	(k) intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
	(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation(s) designated by the United States government as a foreign terrorist organisation pursuant to section 219 of the Immigration and Nationality Act;
	(m) “stalk” or otherwise harass another; and / or
	(n) collect of store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.
5.2	You acknowledge, consent and agree that Musicians may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to
	(i) comply with legal process;
	(ii) enforce the TOS;
	(iii) respond to claims that any Content violates the rights of third parties;
	(iv) respond to your requests for customer service; or
	(v) protect the rights, property or personal safety of Musicians, its users and the public.

6.0	Content in the Services
6.1	You understand that all information, date, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) - whether publicly posted or privately transmitted – which you have access to as part of, or through your use of, the Services are the sole responsibility of the person from whom such Content originated. Hence, this means that you, and not Musicians, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
6.2	Musicians does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
6.3	You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Hence, in this respect, you use the Service at your own risk.
6.4	Under no circumstances will Musicians be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
6.5	You should be aware that all Content presented to you as part of the Service, including but not limited to advertisements in the Service and sponsored Content within the Service may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Musicians (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Musicians or by the owners of that Content, in a separate agreement.
6.6	Musicians reserves the right (but shall not be obligated) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
6.7	You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Musicians or submitted to Musicians including without limitation information in Musicians Forums and in all other parts of the Service.
6.8	You understand that the technical processing and transmission of the Service, including your Content, may involve
	(i) transmissions over various networks; and
	(ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6.9	You understand that the Service and software embodied within the Service may include insecurity components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Musicians and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6.10	You agree that you are solely responsible for (and that Musicians has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences for your actions (including any loss or damage which Musicians may suffer) by doing so.

7.0	Your Passwords and Account Security
7.1	You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
7.2	Accordingly, you agree that you will be solely responsible to Musicians for all activities that occur under your account.
7.3	You agree to
	(i) immediately notify Musicians if you become aware of any unauthorised use of your password or of your account or any breach of security; and
	(ii) ensure that you exit from your account at the end of each session.
7.4	Musicians cannot and will not be liable for any loss or damage arising from your failure to comply with this section 7.

8.0	Musicians Data Protection Policy
8.1	Registration Data and certain other information about you is subject to our Data Protection Policy. For more information, please refer to our full Policy at http://www.musicians.com.sg/?p=section&sub=article&articlegrppk=12&articlepk=11
8.2	This Policy explains how Musicians treats your personal information, and protects your privacy, when you use the Services.
8.3	You understand that through the use of the Services, you agree and consent to the collection and use (as set forth in the Data Protection Policy) of this information in accordance with Musicians’ Data Protection Policy.

9.0	Content License from You
9.1	Musicians does not claim ownership of the Content you submit or make available for inclusion on the Service. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting, or displaying the content you give Musicians a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post, or display on or through the Services. This licence is for the sole purpose of enabling Musicians to display, distribute and promote the Services.
9.2	You agree that this licence includes a right for Musicians to make such Content available to other companies, organisations or individuals with whom Musicians has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
9.3	You understand that Musicians, in performing the required technical steps to provide the Services to our users, may
	(i) transmit or distribute your Content over various public networks and in various media; and
	(ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Musicians to take these actions.
9.4	You confirm and warrant to Musicians that you have all the rights, power and authority necessary to grant the above licence.

10.0	Proprietary Rights
10.1	You acknowledge and agree that Musicians own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Musicians and that you shall not disclose such information without Musicians’ prior written consent.
10.2	Unless you have agreed otherwise in writing with Musicians, nothing in the TOS gives you a right to use any of Musicians’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
10.3	If you have been given an explicit right to use any of these brand features in a separate written agreement with Musicians, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the TOS, and Musicians’ brand features use guidelines as updated from time to time.
10.4	Other than the limited license set forth in Section 9, Musicians acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these TOS in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Musicians, you agree that you are responsible for protecting and enforcing those rights and that Musicians has no obligation to do so on your behalf.
10.5	You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
10.6	Unless you have been expressly authorised to do so in writing by Musicians, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

11.0	Contributions to Musicians
11.1	By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Musicians through its suggestion or feedback webpages, you acknowledge and agree that:
	(a) Your Contributions do not contain confidential or proprietary information;
	(b) Musicians is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
	(c) Musicians shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
	(d) Musicians may have something similar to the Contributions already under consideration or development;
	(e) Your Contributions automatically become the property of Musicians without any obligation of Musicians to you; and
	(f) You are not entitled to any compensation or reimbursement of any kind from Musicians under any circumstances.

12.0	Indemnity
12.1	You agree to indemnify and hold Musicians and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

13.0	General Practices Regarding Use and Storage
13.1	You acknowledge that Musicians may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that event listings, directory listings, email messages, message board postings or other uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
13.2	You agree that Musicians has no responsibility or liability for the deletion or failure to store any messages and other communicators or other Content maintained or transmitted by the Service.
13.3	You acknowledge that Musicians reserves the right to log off accounts that are inactive for an extended period of time.
13.4	You also acknowledge that Musicians reserves the right to modify these general practices and limits from time to time.

14.0	Modifications to Service
14.1	Musicians reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Musicians shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15.0	No Resale of Service
15.1	You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Musicians ID), use of the Service, or access to the Service.

16.0	Termination
16.1	The TOS will continue to apply until terminated by either you or Musicians as set out below:
16.2	If you wish to terminate your legal agreement with Musicians, you may do so by:
	(a) notifiying Musicians at any time; and
	(b) closing your accounts for all of the Services which you use, where Musicians has made this option available to you.
16.3	Your notice should be sent, in writing, to Musicians’ address which is set out at the beginning of this TOS.
16.4	You agree that Musicians may at any time, under certain circumstances and without prior notice, immediately terminate your Musicians account, any associated email address, and access to the Service. Cause for such termination shall include, but not limited to:
	(a) breaches or violations of the TOS or other incorporated agreements or guidelines;
	(b) requests by law enforcement or other government agencies;
	(c) a request by you (self-initiated account deletions);
	(d) discontinuance or material modification to the Service (or any part thereof);
	(e) unexpected technical or security issues or problems;
	(f) extended periods of inactivity;
	(g) engagement by you in fraudulent or illegal activities, and/or;
	(h) non-payment of any fees owed by you in connection with the Services.
16.5	Termination of your Musicians account includes:
	(a) removal of access to all offerings within the Service;
	(b) deletion of your password and all related information, files and content associated with or inside your account (or part thereof); and
	(c) barring of further use of the Service.
16.6	You also agree that all terminations for cause shall be made in Musicians’ sole discretion and that Musicians shall not be liable to you or any third party for any termination of your account, or access to the Service.
16.7	Nothing in this Section shall affect Musicians’ rights regarding provisions of Services under Section 3 of the TOS.
16.8	When this TOS come to an end, all of the legal rights, obligations and liabilities that you and Musicians have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 24.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

17.0	Dealings with Advertisers
17.1	Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
17.2	You agree that Musicians shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

18.0	Links
18.1	The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
18.2	Because Musicians has no control over such sites and resources, you acknowledge and agree that Musicians is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
18.3	You further acknowledge and agree that Musicians shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

19.0	Exclusion of Warranties
19.1	NOTHING IN THESE TOS, INCLUDING SECTIONS 19 AND 20, SHALL EXCLUDE OR LIMIT MUSICIANS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19.2	YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
19.3	IN PARTICULAR, MUSICIANS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
	(a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
	(b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
	(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
	(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
19.4	ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
19.5	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUSICIANS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
19.6	MUSICIANS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

20.0	Limitation of Liability
20.1	SUBJECT TO OVERALL PROVISION IN PARAGRAPH 19.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MUSICIANS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
	(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
	(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
	(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OPR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
	(ii) ANY CHANGES WHICH MUSICIANS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
	(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
	(iv) YOUR FAILURE TO PROVIDE MUSICIANS WITH ACCURATE ACCOUNT INFORMATION;
	(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
20.2	THE LIMITATIONS ON MUSICIANS’ LIABILITY TO YOU IN PARAGRAPH 20.1 ABOVE SHALL APPLY WHETHER OR NOT MUSICIANS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

21.0	Copyright Policy
21.1	Musicians respect the intellectual property of others, and we ask our users to do the same. Please refer to our Intellectual Property Rights Policy (in Annex A, and which is hereby incorporated by reference into the TOS) for more details.
21.2	If you believe that your intellectual property rights (such as copyright and trade mark rights) have been infringed, please refer to the said Intellectual Property Rights Policy which contains instructions about how to notify us in accordance with applicable law. Musicians may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

22.0	Advertisements
22.1	The Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
22.2	The manner, mode and extent of advertising by Musicians on the Services are subject to change without specific notice to you.
22.3	In consideration for Musicians granting you access to and use of the Services, you agree that Musicians may place such advertising on the Services.

23.0	Changes to the Terms
23.1	Musicians may make changes to the TOS from time to time. When these changes are made, Musicians will make a new copy of the TOS available at http://www.musicians.com.sg/?p=section&sub=article&articlegrppk=12&articlepk=48 and any new Terms will be made available to you from within, or through, the affected Services.
23.2	You understand and agree that if you use the Services after the date on which the Terms have changed, Musicians will treat your use as acceptance of the updated TOS.

24.0	General Legal Terms
24.1	Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
24.2	The Terms constitute the whole legal agreement between you and Musicians and govern your use of the Services (but excluding any services which Musicians may provide to you under a separate written agreement), and completely replace any prior agreements between you and Musicians in relation to the Services.
24.3	You agree that if Musicians does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Musicians has the benefit of under any applicable law), this will not be taken to be a formal waiver of Musicians’ rights and that those rights or remedies will still be available to Musicians.
24.4	If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
24.5	You acknowledge and agree that each member of the group of companies of which Musicians is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
24.6	The Terms, and your relationship with Musicians under the Terms, shall be governed by the laws of the Singapore without regard to its conflict of laws provisions. You and Musicians agree to submit to the exclusive jurisdiction of the courts located within the country of Singapore to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Musicians shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

ANNEX A

INTELLECTUAL PROPERTY RIGHTS POLICY

musicians.com.sg (“we” and “us”, as the case may be) respects the intellectual property of others, and we ask our users to do the same. Please note that information on websites is available for anyone to view, but not necessarily to access, download, print, copy and/or utilise.

This Intellectual Property Rights Policy (“Policy”) sets out our policies on issues related to intellectual property rights, such as allegations of infringing material being posted or made available on our properties and actions against repeat infringers.

Please note that we have no control, power or authority over any users who are not musicians.com.sg users.

Information for intellectual property right owners

We comply with all applicable laws and regulations. In particular, we comply with the requirements of the Singapore Copyright Act and the Copyright (Network Service Provider) Regulations as applicable to us.

If you believe that your intellectual property right (such as copyright or right to authorise the use of a performance) has been infringed, you must provide a written communication (by fax or regular mail – not by email, unless by prior agreement) that sets forth the items specified below. Kindly note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. To expedite our ability to process your request, please use the following format:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

2. Identify the material that you claim is infringing the copyrighted work listed in (1) above.

FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This will require you to provide

(a) the search query that you used; and

(b) the URL for each allegedly infringing search result.

3. Provide information reasonably sufficient to permit Musicians to contact you (email address and contact number are preferred).

4. Provide information sufficient to permit Musicians to notify the owner/administrator of the allegedly infringing webpage or other content (email address and contact number are preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Sign the paper.

8. Send the written communication to the following address:

musicians.com.sg

107a Rowell Road

Singapore 208031

OR Fax to: 62911 362

Please note that we will only accept and act on notices in the English language that comply with the Singapore Copyright Act, other applicable laws and this Policy (as applicable). Any notices that do not comply with the above will be rejected, and we will not take any action in relation to such rejected notices.

Upon receipt of a compliant notice of infringement, we will take the actions described below, depending on whether the alleged infringement described in the notice is an infringement of copyright or an unauthorised use of a performance that is governed by the Singapore Copyright Act as applicable to network service providers (“Copyright Act Infringement”).

If you wish to contact musicians.com.sg for clarifications on this Policy, you write or fax to the address and fax number provided above, or send an email to admin@musicians.com.sg

Copyright Act Infringement

For Copyright Act Infringements, we will, upon receipt of a compliant notice of infringement:

1. (a) expeditiously take reasonable steps to remove or disable access to the allegedly infringing

electronic copy; and

(b) after removing or disabling access to the allegedly infringing electronic copy, expeditiously take

reasonable steps to notify the person who had made that electronic copy available ("Content

Owner").

2. If the Content Owner provides a counter-notice that complies with the relevant requirements of the Singapore Copyright Act and Copyright (Network Service Provide) Regulations, and this counter-notice is provided to use within 4 weeks of the date that we notify the Content Owner of the removal or disabling of access to the allegedly infringing electronic copy ("Notification Date"):

(a) we will expeditiously take reasonable steps to restore, or to restore access to, the allegedly

infringing electronic copy, if it is technically and practically feasible to do so; and

(b) if, before we complete the necesssary steps to restore, or to restore access to, the allegedly

infringing electronic copy (where it is technically and practically feasible to do so), the owner of the

commences proceedings to prevent restoration of, or the restoration of access to, the allegedly

infringing electronic copy, and we are informed of such proceedings, we will cease such steps to

restore, or to restore access to, the allegedly infringing electronic copy.

The procedure for Content Owners to send such counter notices to musicians.com.sg is described more fully in the Information for users section below.

3. If the Content Owner does NOT provide a counter-notice that complies with the relevant requirements of the Singapore Copyright Act and Copyright (Network Service Provider) Regulations within 4 weeks of the Notification Date, we will take no further action action and we will consider the case to be closed.

Information for users

Users who have posted or made available any Content (as defined in our Terms of Service) on or through our properties or services should familiarise themselves with the matters set out above under the heading Information for intellectual property rights owners.

In particular, where we have removed or disabled access to any material pursuant to a notice of infringement alleging a Copyright Act Infringement, we will first send a brief notification to the user to inform him of this removal and such other information that may be useful to the user.

We may also, in accordance with our TOS (including this Policy) and in appropriate circumstances and at our sole discretion, disable and/or terminate without notice the accounts of users who may be infringing the intellectual property rights (including but not limited to copyrights and trade marks) of others.

In particular, we will terminate the accounts of users whom we have determined , in our sole discretion, to be repeat infringers. We will adopt the following procedure to determine whether a user is a repeat infringer:

1. If we remove or disable access to any Content (whether pursuant to a compliant notice of infringement sent to Musicians or otherwise) posted or made available by our user, we will send a notification to the user in question;

2. The user has a 4-week grace period (starting from the date-stamp of our notification to search out and remove all infringing material and links that he/she has posted or made available using or through his/her account;

3. If we subsequently receive any allegation of infringement by that user, which causes us to remove or disable access to any other Content posted or made available by that user, we will then terminate that user's account without further reference to him/her; and

4. In cases where our removal of or disabling of access to Content in (1) was pursuant to our procedure for Copyright Act Infringement, and a counter-notice that complies with the relevant requirements of the Singapore Copyright Act and Copyright (Network Service Provider) Regulations within 4 weeks of the date of notification was provided by the user, then any subsequent removal of or disabling of access to Content (whether pursuant to a compliant notice of infringement sent to use or otherwise) posted or made available by that user will result in a fresh notification being sent to that user.