terms of use
GENERAL AGREEMENT TO USE WEBSITE AND SERVICES
By using and accessing this Web Site at www.wayango.com, you agree to be bound by the terms and conditions set out below, as amended from time to time ("Terms"). If you do not agree to these Terms, please do not use this Web Site. Xpointo Media Pte Ltd ("Company") reserves the right to make changes and corrections, at any time and without notice, to this Web Site, its services and its contents, including the removal of news or postings and changes and corrections to the Terms. Please access this site to review the Terms periodically.

1. No Representations
The services and contents on this Web Site are provided on an "as is" basis and subject to the Terms. The Company, its employees, subsidiaries, related corporations, associates and affiliates make no representations, endorsements or warranties of any kind whatsoever about the services and contents on this Web Site, including advertisements supplied by the respective advertisers (and if relevant, their creditworthiness), and in no event shall the Company be liable to any party for any damages, claims, expenses or losses of any kind arising from or in connection with any use of or reliance on the accuracy, availability, currency, title, non-infringement, quality, reliability, suitability and completeness of the Services and content.

2. Services
  1. The Services provided under this Web Site are for registered users only.
  2. The Services are described under the headings "Discovery", "Buy" and "Connect"; and include access to and search of music tracks and other content, communication facilities such as discussion forums, blogs and commentaries, news, and social connection tools; personalized content, recommendations, downloads; the purchase of tracks and uploading of personal content (and any new services which shall be introduced from time to time and which shall be subject to the Terms) which are facilitated by the technology of the Company; and provided through media and devices which are now known or developed in the future (the "Services"). The Services may also include third party content for which separate terms may be applied by third parties and you expressly agree to those third party terms in the use of the third party content. Even though the Company may provide a link to those sites and allow the content to be played on our Web Site we are not liable in any way and assume no responsibility for the content or any practices of third party web sites. We encourage you to read those terms yourself. For example if you make permitted use of facilities such as YouTube's Embeddable Player, you hereby consent to all the terms applicable to such use (as amended from time to time) which terms shall be deemed incorporated into these terms as 'Services' for the purpose of ensuring your compliance and if necessary, our compliance with the third party's terms.
  3. The Company reserves the right to change any and all content, software, applications and other items used or contained on the Web Site at any time and from time to time without notice. Reference to artists, products, producers or other trade mark or names does not imply any endorsement, sponsorship or recommendation nor of any relationship or special arrangements with any of them unless specifically mentioned.
  4. The Company licenses the use of such software and other technology which you may use in obtaining access to the Services in accordance with the Terms. All rights in and to the licensed software are reserved to the Company and its licensors (if any). No reproduction of the said software and technology is permitted outside the Terms. The license can be terminated by you or by the Company at any time.

3. Discover
  1. You may browse, select, decide to build a library or profile of music, comprising songs, tracks, lyrics, selections, playlists, send emails or messages to friends, upload comments, audio, video, graphics or other content onto the Web Site. Any or all of these actions will involve some copyright and/or other intellectual property rights, which you will be solely responsible for.
  2. In order to help us provide our Services, Company will collect some of your personal information. This may include not just your email address, name, contact details but also your credit card details. We do not sell your personal information to others. Please review our privacy policy here. In addition, the Company uses cookies (data obtained by your browser) to track and record your preferences and activity. It is very difficult for the Company to prevent others from using information which you upload or share with other people in the public areas of our Web Site.
  3. You may also use our search facilities and review news and comments from our contributors and other users. The Company strives for accuracy but cannot be liable for any views of any contributor or any other user of the Web Site or the Services. If you are of the view that any Contributor content or other content is in breach of any of the Terms (such as that it is unlawful, harassing, false, inaccurate or otherwise a breach of law, please write to us at support@wayango.com with full details identifying yourself, the contributor content in question and the reasons supporting the allegation of breach or inaccuracy.

4. Connect
You agree that in connecting with others through or using the website that the Company cannot check that the person you are communicating with is the person stated. Company is not responsible for any content uploaded by any user and does not monitor such content or any actions taken in respect of it including whether or not and how and what information is collected. In this connection please read paragraph (i) below on the privacy policy and warnings about information which you post on this site. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Web Site, or transmit to or share with other users and other content which you share or upload or make available on the Web Site. You understand and agree that the Company may, but is not obliged to review the Web Site and may delete or remove (with out notice and without any liability to you) any content in its sole discretion, for any reason or no reason, including content which in the Company's sole discretion is or amounts to a breach of these Terms.

5. Buy
  1. You are entitled to download content for your own personal use. This is typically content in the form of digital downloads (mp3 or WMA). Please note that there are limitations relevant to each content before you buy based on limitations set out by individual rights holders. Please consult the listing. For instance, you may only be authorized to use the content on up to 3 devices (including PCs, ipods, handphone), you may only be able to burn an audioplaylist up to 5 times and you may not be entitled to burn video products or ring tone products.
  2. The Company may make available other materials including but not limited to album cover art on the Web Site. If so, the use of the other materials may be subject to any additional or other terms and guidelines which the Company may set out from time to time. The Company does not warrant or approve cover art and any use is at your own risk.
  3. The Company will not check and endorse or approve any third party material and cannot be liable in any way in respect of third party material, including any Goods which may be mentioned or linked to the Web Site.
  4. You agree to pay the Company for all Goods that you purchase including the downloading of digital audio and video content. Your purchase signifies your agreement to the Terms herein and to any end user license terms which may be imposed.

5.1 Terms applicable to Purchases 
  1. Guidelines. The purchase of any content or products are subject to any Company Guidelines which are published from time to time by the Company as well as the Terms. Save that your purchases arranged directly with third parties through the Web Site shall not be subject to the Terms and shall not concern the Company in any way, by your use of the Web Site to make purchases you are confirming your acceptance of the Terms (including all terms applicable to your mode of purchase whether through credit card (such as Visa, MasterCard, American Express) or stored value facilities or otherwise).
  2. User Account. You are responsible for all purchases made using your account and you are advised to keep your account details confidential at all times.
  3. Applicability. The Terms in this clause 4 and 6 in particular shall be deemed incorporated into all contracts for the sale by the Company to you of content and any products for sale (and any ancillary services) which are listed on the Web Site by the Company (the "Goods"), to the exclusion of all other terms including those which you (the "Buyer") purport to include through any communication or order. The Company reserves the right to revise, discontinue or modify any Goods and their price or promotions at any time without notice. Company is not liable if any Good that has been ordered is unavailable. Company reserves the right to refund the price or supply a replacement, at Company's discretion. For the avoidance of doubt your order of any Goods shall form an offer and no contract shall be completed until the Company accepts your offer and issues an order confirmation.
  4. Exclusions. The Company will try to be as accurate as possible but cannot warrant that any Goods, photograph, pricing or other information is accurate, complete, reliable, current or error free. In the event of an error whether on the Web Site, in an order confirmation, in processing an order, delivering a Good or otherwise, Company reserves the right to correct the error and cancel and refund any amount charged. The Company excludes all liability for and expressly disclaims all warranties (whether express or implied, by statute, common law or arising from conduct, a previous course of dealing, trade custom or usage) as to the quality of the Goods, their fitness for any purpose (even if made known expressly or impliedly), as to non-infringement of any intellectual property rights and as to the correspondence of the Goods with any description or sample. This contract shall not constitute a sale by description or sample.
  5. Liability. Nothing herein shall impose any liability on Company in respect of any defect in the Goods arising out of the acts, omissions, negligence or default of the Buyer, its servants or agents including the Buyer's failure to comply with any instructions or recommendations by Company. In no event will Company, its employees, agents, licensors or officers be liable for any damages relating to the Buyer's use or inability to use, method of use, inappropriate use, abuse of or alteration to the Goods whether by the Buyer, its employees, or any person under the Buyer's care or supervision or by other persons or entities or if the Goods become defective or non conforming through the actions of the Buyer or such other persons. In no event will Company or its employees or representatives be liable for any punitive, special, incidental, indirect or consequential damages of any kind (including for loss of profits) or any damages arising out of or in connection with the Goods.
  6. Limitation. The sole liability of Company to the Buyer and the Buyer's sole remedy for any claim and for loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price paid for the Goods.
  7. Prices. Company's prices exclude Goods and Services Tax, costs of packing, delivery, shipping, customs, insurance of Goods, and all bank charges related to any payment made, all of which shall be borne by the Buyer and separately charged. Company may vary the price of Goods at any time to take account of any variation in Company's costs including (but not limited to) variations in wages, the cost of materials, exchange rate fluctuations, changes in duties and other costs since the date of Company's quotation or (if no quotation is issued) the Buyer's order. Company accordingly reserves the right to adjust the price by the amount of any increase or decrease in such costs after the price is quoted. The price so adjusted shall be payable as if the price set out therein were the original contract price. No order made by the Buyer shall be binding unless expressly accepted by Company. Company will send an order confirmation. Payment shall be made prior to delivery of the goods. No statement description information warranty condition or recommendation contained in any catalogue price list advertisement or communication or made verbally by any agents or employees of Company shall vary or override in any way any of these conditions.
  8. Delivery.
    1. For Physical/Tangible Goods. All times or dates given for delivery of physical tangible goods are given in good faith but without any responsibility on the part of Company. Time of delivery is not of the essence. Company is not liable for any delay beyond Company's control. No liability for non-delivery loss of or damage to the Goods occurring prior to delivery or for any claim that the Goods are not in accordance with the Contract will attach to Company unless claims to that effect are notified in writing by the Buyer to Company within 10 days of the goods being ordered and paid for: whether for loss, damage, non-compliance with the Contract or for non-delivery. If no notice is received, the Goods shall be deemed accepted and received by the Buyer and in all respects in accordance with the Contract and the Buyer shall be bound to pay for the same accordingly if payment in full has not yet been made. Goods supplied in accordance with the contract cannot be returned without Company's prior written authorization (for which please call or email the Company for an authorization), which shall be obtained within 3 days of the date of delivery of the Goods. All Goods delivered shall be inspected by you. Duly authorised returns shall be sent to Company's Premises at the Buyer's expense.
    2. For Non Physical or Intangible Goods. These include music tracks, lyrics, ring tones or software purchased from Company. All sales are final, non cancellable and non-refundable except as expressly stated or agreed by the Company. If there is a technical problem with the download, please contact the Company at support@wayango.com with details of the alleged failure and the Company may allow you to re-commence the download.
    3. Notwithstanding any of the above terms, in the event of any claim by the Buyer, Company may at its option either replace the Goods or refund the price paid for the Goods and this shall be the Buyer's sole remedy against Company.
  9. Title and Risk. Risk shall pass on delivery of the Goods and the Buyer is solely responsible for custody and storage of the Goods.
  10. Force Majeure. Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but not limited to strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply.
  11. Conflict. In the event of any conflict between the terms of this clause 4 and the other Terms, this clause 4 shall prevail in relation to a sale of Goods by the Company.

5.2 Terms Applicable to Payment Mechanisms
  1. Credit Card. Guidelines on this may be issued from time to time. Payment is accepted by Visa, MasterCard or American Express issued by or originating from a financial institution in Singapore.
  2. Stored Value Facilities. The Company may issue Guidelines for this use from time to time including any provisions required by any authorities in Singapore and the Company may change the Terms in this clause 4 as well as these Terms.
    1. The Prepaid Card ("Card") may be purchased in Singapore for use only on the Wayango.com Web Site for the purchase of Goods such as music tracks, lyrics and software downloads. The Company shall not be liable for any theft or loss or damage to the Card howsoever caused.
    2. To redeem the value purchased, you need a Wayango User Account on which you can activate the Card. To set this up, you have to enter your personal identification information such as NRIC number, address and name. Once you have registered, you may redeem the credits. The Company may make further inquiries to ascertain your identify; whether to you or from other entities. You may not transfer or assign any rights or obligations under the card to any other user; however, the Company reserves the right to assign or transfer this agreement at any time without notice. You can view your transaction history by accessing your User Account. Please immediately inform us at support@wayango.com if you believe that you have been sold a counterfeit Card; or that there has been an unauthorized use of your account, if there has been an unauthorized transaction using your Account or the Stored Value or your password has been compromised or if your account has been used in any way by any other person w ithout your permission.
    3. If you notify the Company of any dispute or complaint (such as failure or error in downloading the stored value or using the stored value to effect purchases), the Company will investigate the complaint and inform you of the results of the investigation within 5 business days after notice is received from you stating the full details of the complaint. The Company is not liable for any loss or damage through no fault of the Company's or in the event of any circumstances beyond its control which caused the downloading to fail or if there was insufficient stored value unless it determines that the stored value was not downloaded, and deemed in their sole discretion that there was a technical error or other similar failure and/or at its discretion decides to offer a refund or a further download. The sole liability of the Company to you and your sole remedy for any claim for loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed t he price paid for the Prepaid Card.
    4. The Company may impose limits on the amount of stored value credited to your user account.
    5. Any purchases using the stored value, will be notified by an order confirmation and deduction from your stored value made.
    6. If there is insufficient stored value, the order will not be completed. If despite an order there exists some other reason that the order cannot be completed (such as if your User Account is terminated for any reason or if Goods are out of stock) then the order will not be completed and no deductions will be made. You will be notified.
    7. The Stored Value may be redeemed during a period of 365 days from the date you activate the Prepaid card on your Wayango Music Store account. Please redeem all amounts remaining before the end of that period. The Cards cannot be refunded for cash or exchanged.
    8. If the User Account is terminated for any reason under these Terms, during the said period prior to expiry of the Stored Value, you may contact us to request for a refund and depending on the Company's prevailing policies, the Company may require that you pay an administrative fee to cover the processing of the refund.
    9. You may not use the Prepaid Card or facility in any unlawful manner or to access the services from outside Singapore.
    10. The Company is not liable for any delay or inability to access or use the Prepaid Card or processing of any order or request or for the system, server or connection failure, error, omission, interruption or delay. The Company may in the event of any objectionable activities (as listed in clause 6 below), close, suspend, terminate, limit or remove access to use the Prepaid Card value for any purchases and suspend or terminate your user account; without any liability to you in respect of the said termination, suspension or removal.

6. Generally Applicable Terms
  1. Intellectual Property
    1. The Company reserves all intellectual property rights to its Services and contents on this Web Site, including international copyright and trade mark rights. "Wayango" and all other names, products and marks mentioned are the intellectual property rights of their respective owners. If you disagree with any listing of any copyright owner or believe that another person should be listed instead, please inform us at support@wayango.com with details. No materials provided through this Web Site, including text, graphics, code and/or software may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, rented, loaned, leased, sold, distributed or transmitted or hyperlinked in any manner and in any form nor may derivative works be created therefrom; without the express, prior written approval of Company and the respective copyright and trade mark holders.
    2. The services and contents provided by Company on this Web Site are for the user's personal consumption only and the subject of a personal non transferable and non-exclusive license granted by the Company to you on these Terms, and you may not engage in any dealings with other parties with such services and contents and you agree not to use any modified version of the Services or contents nor to use any other means for obtaining unauthorized access to the Web Site. Such dealings include commercial dealings and dealings which will adversely affect the commercial value of the Services and content provided by Company. You agree not to reproduce, sell, resell or exploit for any commercial purpose any of the Services or content on the Web Site.
    3. By submitting content (whether in the form of comments, documents, photographs, audio, video, graphics or otherwise or a compilation of any or all of these) to any public area of the Web Site, including message boards, forums, and other areas of the Web Site, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, use, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display such content (in whole or in part) worldwide and/or to incorporate it in or with other works in any form, media, or technology now known or later developed and to grant and authorise sublicenses thereof.
    4. By submitting such content, you also warrant that the holder of any rights has irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the holder of such rights retains any and all rights that may exist in such content. You also warrant that the content submitted does not contain confidential information. You agree that you are not entitled to any compensation in or for the material submitted.
  2. User Accounts, Conditions and Restrictions
    1. In order to be able to access, use, submit and post information on this Web Site and use the Services, all users must register with the Company prior to using the Services. You are required to comply with all laws, rules and regulations applicable to your use.
    2. By registering with the Company, you warrant that all your supplied personal particulars are accurate, complete and current. You represent that you are of legal age to form a binding contract. If you are less than the legal age, or if you as parents or guardians of children create an account authorizing the use of the Web Site, its Services and Content, please note that users may access all areas of the Web Site and it is your responsibility what areas of the Web Site are accessed or used by any children that you authorize.
    3. The Company will provide you with a User Account, to be accessed by way of the Company-issued password. The Company shall provide to you the Service, but this shall be without prejudice to the right of the Company, if in its sole discretion it deems appropriate, to vary, discontinue, suspend or change any part of the Service at any time, including but not limited to the removal of all or any part of the access, the content, and the blocking or filtering of data, without notice to you.
    4. The Company may impose conditions on the use of the Web Site from time to time including limiting the amount of content uploaded or email messages received or sent or allocated storage space on servers. Accounts that have not been used for an extended period may be removed at any time.
    5. In addition, you agree that you are solely responsible for and to:
      1. be solely responsible for the set-up, configuration or compatibility of your hardware, equipment and software for access to the Service (including such changes as may be made to the Service by the Company from time to time) pursuant to such directions, instructions and notices that may be given by the Company and shall provide at your own expense all facilities or resources necessary for such proper access;
      2. comply with the rules of any network through which you access the Service (including where applicable compliance with the terms of any pre-paid or stored value facility);
      3. be solely responsible for all information retrieved, stored and transmitted through the Service by you (and whether or not involving others) including ensuring you have the necessary rights and consents to do so and that any content or information posted, uploaded, transmitted, shared, stored or made available is not unlawful, defamatory, harassing, harmful, threatening, invasive, vulgar, obscene, hateful, racially objectionable or otherwise objectionable nor the subject of confidentiality obligations;
      4. access the Service yourself, and where so necessary, access the Service via your User Account, by using your password and not to impersonate any other person;
      5. take all such measures and steps as may be necessary (including but not limited to changing your password from time to time) to safeguard and protect your password and to prevent unauthorised use of your User Account or unauthorised disclosure of your password;
      6. notify the Company if you become aware of or reasonably believe that there is any unauthorised use of your User Account or any other breach of security, and to co-operate with the Company in all such investigations;
      7. comply with and not contravene all applicable laws, regulations and directives including, without limitation, the laws of Singapore, relating to the use of the Service;
      8. not post any content that contains or may contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant to the purpose of this Web Site or are otherwise misleading;
      9. not use the Service for any purpose other than as a consumer of music or information contained in the Web Site, including but not limited to not using the Web Site to sell or promote any products or services and not to collect email addresses or other contact information or to send spam, junk mail, chain letters or any other form of soliciting communications;
      10. not post any incomplete, false or inaccurate information or information which you are not authorised to post;
      11. not use the Service to engage in any false advertising, pyramid scheme or similar schemes;
      12. not to thwart, disassemble, decompile or tamper with any of the Company's technology or networks and specifically security software;
      13. not use or permit anyone to use the Service for any unlawful purposes, terrorist activity or any activity contrary to law;
      14. not share the Service with any other person or individual;
      15. not upload, post, email or transit any material that contains viruses or computer code which may cause any interruption, destruction, interference, clog, overburdening or impairment or damage to the Web Site, related equipment, networks and telecommunications systems; and
      16. collect or store personal data about other users in relation to any of the above.
  3. Suspension and Termination
    1. Breach of any of the Terms, or of applicable laws, or pursuant to requests by any law enforcement or governmental agencies may result in the suspension or termination of your use of the Service. The Company reserves the right at any time and from time to time to modify or immediately discontinue temporarily or permanently the Services and the content and your access thereto and/or any or all Services, with or without notice. This means that the Company can delete your profile(s), your user account, content and information posted or uploaded to the Web Site and/or prevent you from using any portion of the Web Site.
    2. In addition such suspension or termination may be made either at your request, or at the request of any court or government authority, to discontinue the Services or content. In addition Company may terminate the Services due to long periods of inactivity, to non payment of any fees. Company is not obliged to give notice of any termination or suspension.
    3. The Company, its officers, agents, employees, partners and licensors shall not be liable to you in any way in respect of such suspension or termination.
  4. Use
    1. The Company forbids the use of any robot, spider, automatic device, manual process, software or routine which may interfere with the proper operation of this Web Site or any transactions being conducted on this Web Site or to access parts of the Web Site without authority. The use of this Web Site and the services offered by the Company are subject to such additional terms and conditions as the Company may prescribe from time to time.
    2. In the event that content is made available through other service providers such as internet service providers or mobile connection providers, the Company does not charge for such services but the your carrier's normal messaging, data and other rates and fees will still apply.
  5. Contests
    1. These general rules apply to all contests organized managed or run by the Company unless otherwise stated. These rules will be deemed superceded as far as they are varied or amended by the Company. The Company reserves the right to make changes to these terms at any time and the sole discretion to interpret the rules of any contest which shall be final and binding on all contest participants.
    2. The Company's decision shall be final in all cases.
    3. None of the employees of the Company shall be eligible to take part in the contest. All entries shall be submitted by the date and time stated (Singapore time) and in the manner stated. The winners will be selected by the Company or its representatives and winners will be announced on this Web Site or as notified. Entries which are not submitted as required, or are incomplete, late, damaged, irregular or lost or misdirected shall not be considered and may be disqualified.
    4. By entering the contest you give the Company the exclusive worldwide right, royalty free, perpetual right to use, reproduce, record, publish, compile with and sublicense the use of the matter submitted (in whole or in part) in any media, without the need to obtain any further consent or paying any compensation; and to use your name, photograph, likeness and voice for promotional purposes without further obligation or compensation to you.
    5. The following apply to prizes:-
      1. Prizes are specified according to the specific contest notices.
      2. Prizes must be accepted as awarded, and cannot be transferred or assigned. Prizes are non-exchangeable, and winners are not entitled to any substitution or cash equivalent.
      3. Company reserves the right, in its sole and absolute discretion, to substitute a prize with another of equivalent kind or approximate value in the event of the unavailability of any prize or component of the prize for any reason whatsoever.
      4. Taxes, if any, on prizes are the sole responsibility of the prize winners. Prior to the delivery of any prize, Company reserves the right to collect from the winner any taxes it deems appropriate.
      5. Winners will be selected as described in the specific rules of each contest, and will be notified by email.
      6. In the event that a prize is mailed to the winner, the winner assumes the risk of the prize's safe arrival.
      7. Winners must provide proof of identification before any prize will be awarded. The only accepted types of identification are government issued identifications, including a valid driver's license or passport. Company may deny awarding the prize if the winner fails to provide satisfactory identification.
      8. If required, winners agree to sign a declaration of eligibility, indemnification and release of liability before any prize is awarded. Failure to execute any of these documents or comply with any of the terms will result in forfeiture of the prize.
      9. Any additional costs relating to the prizes, and incurred as a result of accepting the prizes, is the sole responsibility of the winner.
    6. Company reserves the right to disqualify any participant for breach of any of these rules or for gaining an unfair advantage or using fraudulent means to become a winner or for breach of any these Terms.
  6. Disclaimer
    1. The Web Site is provided on an "as is" and "as available" basis. The Web Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons and the Company shall not be liable in respect of any downtime thereby.
    2. The Company, its employees, agents and officers expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement of intellectual property rights. No warranties are made that the Services and content will be accurate or reliable, or that the content or Services will meet any quality or your requirements or; that the Service will be uninterrupted or error free, timely or secure or free from any virus or disabling code, or that errors in any software or search results will be corrected. Any material downloaded is at your own risk and you will be solely responsible for any damage or loss that may be caused to your system.
    3. By making available views, opinions, tracks, music or information and data on this Web Site, including facts, views, opinions and recommendations of individuals and organisations of deemed interest, the Company and its information providers are not representing that any of the information is accurate or timely or that they are giving or purporting to give or representing or holding themselves out as giving advice. In addition, due to the open nature of the Internet, the Company cannot vouch for the reliability of electronic communications.
    4. You may be able to access links through the Web Site. The Company is not responsible in any way for any loss or damage arising from your access of such linked sites nor for the availability of such links nor does the Company endorse or approve the contents of the linked sites, its advertising or other materials. Similarly, if you deal directly with advertisers or other third parties who you may come into contact with on the Web Site, this is nothing to do with the Company and the Company is not responsible for any loss or damage arising thereby.
  7. Indemnity
    You hereby indemnify and hold harmless the Company, its employees, agents, employees and officers against any claim or demand, loss costs and expenses arising from any act or omission on your part including any claims made by third parties arising from content posted or made available by you; or from your breach of the Terms or any breach of any law.
  8. Liability
    1. The Company cannot and does not endorse, and cannot be responsible for, the messages, views, opinions, research and recommendations of individuals, users, and organisations of deemed interest, or advocate any commercial dealings in relation to any music, track, or information nor does the inclusion on this Web Site of a link to other web site(s) or resources imply any form of endorsement by the Company. The Company does not actively review or edit the messages, views, opinions, research and recommendations of users, even if such are made by the users using this Web Site.
    2. While the information on the Web Site has been obtained from sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons or independently verified by the Company.
    3. The Company accepts no liability for any loss arising out of the use of the information or recommendations on the Web Site. The information and data available on this Web Site presented in text, graphics or whatever form, may include inaccuracies or errors and the Company and its information providers reserve the right to periodically make changes to the information or data on this Web Site.
    4. You expressly agree and understand that the Company and its agents, employees, officers, licensors and partners are not liable for any direct, indirect, incidental, special, consequential or aggravated damages including but not limited to contract, tort (including negligence) or otherwise in respect of loss, damages, costs and expenses arising or for loss of profits, goodwill, use, data or other losses arising out of the use or inability to use the Services or Content, loss of data, corruption of data, purchase or use of any Goods, cost of procuring substitute goods, service or technology, any unauthorized access or use of transmissions or data or any other matter relating to the Services and/or content. This clause shall not apply in respect of any death or personal injury caused by the Company.
  9. Privacy 
    1. Certain parts of the Web Site may offer to store data which can be used to personalize content. Please look for the "opt-out" facility if you do not wish the Web Site to retain your data for this purpose.
    2. As the Internet is a ubiquitous network, you post user content on the Web Site at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that user content you post on the site will not be viewed by unauthorized persons or used for legitimate purposes. Information that you share may be stored and collected by third parties. Therefore we urge you to exercise care when posting content and information. We are not responsible for circumvention of any privacy settings or security measures contained on the Web Site. You understand and acknowledge that, even after removal, copies of user content may remain viewable in cached and archived pages or if other users have copied or stored your user content. Any improper collection or misuse of information provided on Wayango is a violation of the Terms of Use and should be reported to support@wayango.com.
    3. Many emails you initiate through Wayango (including invitations sent to a non-user for instance) will list your name in the title of the message. Emails you initiate may also provide aggregate information about your network (for instance how many people there are in your network), but will not list the people to whom you're directly connected. Other communications that you initiate through Wayango, like a request for contact, will list your name as the initiator but will not include your personal information. Again, please take care in only contacting parties who you are sure would consent to your communication and would not abuse your communication.
    4. The Company, its staff and employees honour and respect your privacy and agree as far as it is possible and practicable to maintain a set of policies which will protect the personal information which you provide to the Company through the wayango.com Web Site, and also provide the Company access to such information to enable the Company to provide quality services to you as a visitor, user or customer of the Company and its associates. Please note that the mere use of the wayango.com Web Site does not create a fiduciary relationship between you and the Company. In addition, the Company does not accept unsolicited instructions or information through the wayango.com Web Site.
    5. By providing your personal information to the Company, you thereby consent to monitor your access to and use of wayango.com and its various services, to allow the Company and its associates to contact you by telephone, facsimile and e-mail, and to transfer this information to other affiliates of the Company for purposes of updating and enhancing the Company's records and you expressly request the Company to contact you and to advise you of products and services which may be of interest to you. The use of your information for these purposes will be kept to the minimum required.
    6. The Company will not otherwise reveal details of your personal information/data to any other person unless the Company has your permission or is under either a legal obligation or any other duty to do so. All the information that you provide is treated as confidential by the Company and is stored on secured facilities. To provide its services to you, the Company will use a "cookie". A cookie is a small amount of data that our wayango.com Web server sends to your Web browser when you visit certain parts of our site and the use of which is intended to assist us in providing better services to you on wayango.com.
    7. The Company reserves the right to amend this Privacy Policy at any time and will place any such amendments on the wayango.com Web Site. This Privacy Policy is not intended to, nor does it create any contractual rights whatsoever or any other legal rights, nor does it create any obligations on the Company in respect of any other party or on behalf of any party.
    8. The information is retained for as long as the purposes for which the information was collected exist. The information will be destroyed if you apply to deregister your records, thereby terminating your access to wayango.com. You also have the right on payment of an administrative fee prescribed by the Company to request access to and correction of your personal information held by the Company. Please write to support@wayango.com if you wish to do so.
  10. Miscellaneous
    1. This agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore. All disputes, controversies or differences arising out of or in connection with this agreement shall first be submitted to the Singapore Mediation Centre for resolution. The disputes, controversies or differences shall be referred within 14 days from the time they arose, in accordance with the Mediation Procedure for the time being in force, unless any of the parties serves a written notice on all the other parties and the Singapore Mediation Centre stating that it does not agree to submit the dispute for mediation, or that it will be submitting the dispute for arbitration or litigation. The parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached. Arbitration shall be conducted at the Singapore International Arbitration Centre ("SIAC") and the SIAC rules are deemed incorporated hereto by reference.
    2. Notices may be provided to you by the Company in the form of email, SMS, text message or other means which are currently in use or which may be developed in the future.
    3. The Company may but you may not assign or transfer any of its rights hereunder (whether by operation of law or otherwise) without the other party's prior written consent, which shall not be unreasonably withheld.
    4. The Company will not be liable for, or considered to be in breach of or default under these Terms on account of, any delay or failure to perform its obligations hereunder due to causes beyond such party's reasonable control.
    5. These Terms contain the entire understanding of the parties hereto with respect to the transactions and matters contemplated hereby, supersedes all previous agreements between the parties concerning the subject matter.
    6. The Company's failure to enforce at any time any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability to enforce each and every such provision thereafter.
    7. Notwithstanding any other statute, no claim arising from or related to these Terms or the Service shall be made more than one (1) year after the cause of action has accrued.
    8. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to put into effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. There are no third party beneficiaries unless otherwise provided for in these Terms.
    9. You acknowledge that your breach of these Terms or service/license restrictions may cause irreparable harm to Company, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Company may be legally entitled, Company shall have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents.
    10. If you believe your copyright has been infringed or other Terms have been infringed, please help us by reporting these in an email to support@wayango.com, enclosing a description of the allegedly infringing material, your name, telephone and address and information justifying the alleged ownership and why you believe that your right was infringed.