Last updated: 22 Oct 2020
These Terms and Conditions of use are entered into by and between you and Cinewav Pte Ltd, a company incorporated under the laws of the Republic of Singapore with its registered address at 7 Temasek Boulevard, #12-07 Suntec Tower One, Singapore 038987 (“Cinewav”, “Company”, “we” or “us”). The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions” or “Terms”), govern your access to and use of the Cinewav services on our website www.cinewav.com, including all pages and features within the website or mobile software applications (the “Application”) (collectively, the “Site”), whether as a guest or a registered user. References herein to “Cinewav” shall also mean to include the Site, as the context requires. References herein to “you”, “your”, or “yours”, “Organizer” shall refer to you as you, a person, company, organization or other entity.
THESE TERMS AND CONDITIONS AND THE OTHER DOCUMENTS REFERENCED IN THEM COMPRISE CINEWAV'S TERMS. THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CINEWAV GOVERNING YOUR ACCESS TO AND USE OF THE SITE AND SERVICES CINEWAV PROVIDE (THE “SERVICES”) AND SETTING OUT YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU USE THE SITE. BY USING ANY OF OUR SERVICES (INCLUDING BROWSING A SITE), YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SERVICES. IF YOU WILL BE USING THE SERVICES ON BEHALF OF AN ENTITY (SUCH AS ON BEHALF OF YOUR EMPLOYER), YOU AGREE TO THESE TERMS ON BEHALF OF THAT ENTITY AND ITS AFFILIATES AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO. IN SUCH CASE, "YOU" AND "YOUR" WILL REFER TO THAT ENTITY AS WELL AS YOURSELF.
The Cinewav Site is an event ticketing platform and audio solution for various events (festivals, conferences, forums, trainings, workshop sessions and other events) (the “Event”), organized by Organizers (the “Organizer”). When we use the term "Organizer", we mean third parties using the Site to create Events displayed and promoted on the Site for visitors using our Site to receive information about or to attend Events ("Visitor").
Cinewav provides Organizers with the opportunity to post and promote information on forthcoming Events on the Site, receive information about Visitors, who are registered for Events they organize, market through the Site supplementary products such as food, beverage and merchandise (“Services”).
2. YOUR USE OF THE SITE
Access to certain features of our Site may require registering an account with us. Please, provide accurate, complete, and updated registration information for the account you intend to use.
You will (a) be responsible for your employees compliance with these Terms, (b) be responsible for the accuracy, quality and legality of your data and the means by which you acquired your data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify us promptly of any such unauthorized access or use, (d) use Services only in accordance with these Terms, applicable laws and government regulations.
You will not (a) make any Service available to, or use any Service for the benefit of, anyone other than you, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Service, (c) use a Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights, (d) use a Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or its related systems or networks, (g) copy a Service or any part, feature, function or user interface thereof, (h) access any Service in order to build a competitive product or service, or (i) reverse engineer any Service (to the extent such restriction is permitted by law).
Any use of the Services in breach of these Terms, by you that in our judgment threatens the security, integrity or availability of our services, may result in our immediate suspension of the Services, however we will use commercially reasonable efforts under the circumstances to provide you with notice and an opportunity to remedy such violation or threat prior to such suspension.
3. PRIVACY AND VISITOR INFORMATION
If you are an Organizer, you represent, warrant and agree that: (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) Visitors, and (b) you will at all times comply with any applicable policies posted on the Site with respect to information you collect from (or receive about) Visitors.
4. FEES THAT WE CHARGE
The Organizer agrees to pay Cinewav all applicable service fees for Event registration and each Ticket which may include other items sold via the Site. Cinewav may charge the Organizer a setup fee per each Event (the “Setup Fee”) and fees per each Visitor (the “Visitor Fee”) which is taken from each Ticket. Alternatively, Cinewav may charge a monthly or yearly subscription fee for use of its services.
The Setup Fee and the Visitor Fees vary by country and processing currency. These fees may vary based on individual agreements between Cinewav and certain Organizers.
Cinewav does not receive any fees from Visitors directly on its bank account. All the fees to Organizers for Tickets and supplementary products are charged with the facilitation of a third party payment services provider ("Payment Provider"). The Payment Provider automatically transfers such fees to the Organizer with deduction of Cinewav's Visitor Fees.
The Organizer acknowledges and confirms the ability to register its own account with the Payment Provider to receive transfers of Organizer’s fees.
Cinewav reserves the right to charge the Organizer for additional processing fees for the purpose of processing a transaction.
The Visitor Fees for the paid Tickets will be charged and processed in favour of Cinewav automatically by the Payment Provider. The Setup Fee and the Visitor Fees for free Events and free Tickets will be invoiced directly to the Organizer by Cinewav. Such invoice shall be paid within 5 business days from the date of issuance.
Cinewav does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
The Organizer agrees to provide a valid contact email for Visitors’ refund requests and is fully responsible for handling refunds and compliance with consumer protection laws.
The Organizer agrees to clearly communicate a refund policy to Visitors which may be a part of Organizer terms and conditions with respect to each Event posted on the Site.
In case of cancellation or nonperformance the Organizer is responsible for Event Refunds that are subject to the following refund requirements:
(a) In the Event of a full or partial event cancellation, the Organizer agrees to issue refunds to Visitors.
(b) The Organizer agrees to notify Visitors of the Event cancellation as soon as reasonably possible and prior to the event start time.
(c) The Organizer will be the main point of contact for Visitors with refund requests, and the Organizer will instruct the Visitors not to contact Cinewav with refund requests.
(d) The Organizer will provide clear instructions and contact information to Visitors so that Visitors can make refund requests.
(e) The Organizer acknowledges that Cinewav reserves the right to charge the Organizer for the cost of any charge backs related to the cancelled Event.
As an Organizer, you acknowledge that the applicable procedure to check the validity of the Ticket must always be followed. Cinewav will not be held liable under any circumstances for any costs arising from non-compliance by the Organizers with applicable procedures that must be implemented by the Organizers to check validity of Tickets. Cinewav will not be held liable under any circumstances for costs and/or damage associated with Tickets arising from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and to sales you make using the Services. You agree that it is your sole responsibility to, and that you will, collect and remit the correct amounts of all such Taxes to the applicable governmental authorities.
7. LICENSE ON YOUR CONTENT
Any material (including the foregoing categories) that you contribute, provide, post or make available using the Site is “Your Content”.
You are solely responsible for Your Content. You hereby grant Cinewav a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services. Notwithstanding the foregoing, Cinewav does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
You represent and warrant that you have all the rights, licenses, power and authority necessary to demonstrate Your Content to Visitors and to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
Your Content must be accurate and truthful. Cinewav reserves the right to remove Your Content from the Services if Cinewav believes in its sole discretion that it violates these Terms for any reason. You expressly agree that Cinewav may use your name and logo for the purpose of identifying you as an existing or past customer of Cinewav both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms, including without limitation, these Terms; and/or (d) protect the rights, property and/or personal safety of Cinewav, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
7.1 LICENSE ON CINEWAV LIBRARY CONTENT
Licensing of library content from the Cinewav library of films must be arranged either directly with the rights holder or through Cinewav on a title by title basis depending on the licence agreements that Cinewav holds with each film rights holder. Event holders must have licensing in place for the film before the event can be approved.
8. RULES FOR USE OF EMAIL TOOLS
Cinewav may make available to you features and tools that allow you to contact your Visitors, or third parties via email (the "Email Tools"). If you use Email Tools, you represent and agree that:
(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence;
(c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;
(d) you will only use the Email Tools to advertise, promote and/or manage a bona fide Event listed on the Services;
(e) your use of the Email Tools and the content of your emails complies with these Terms;
(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(g) you will respond immediately and in accordance with instructions to any Visitor sent to you by Cinewav requesting you modify such Visitor's email preferences;
(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.
If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Cinewav may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.
9. RESTRICTED COUNTRIES
As a global company based in Singapore with operations in other countries, Cinewav complies with certain export controls and economic sanctions laws. All Visitors, regardless of your or the Event's location should familiarize yourself with these restrictions. In accepting these Terms you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services, including without limitation, Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (ii) that is subject to sanctions in any other country; or (iii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
10. PROHIBITED ORGANIZERS. PROHIBITED EVENTS
10.1 Prohibited Organizers
By registering for the Services and accepting this Terms, you represent and warrant that:
(a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services ("Restricted Countries");
(b) you are not a person or entity or under the control of or affiliated with a person or entity that (i) appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) appears on the U.S. Department of State's Terrorist Exclusion List; (iii) appears on the Bureau of Industry and Security's Denied Persons List; (iv) appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade or (vi) is subject to sanctions in any other country; and
(c) you are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme and each Alternative Form of Payment is not presently revoked or suspended.
If you fall into any of the categories set forth above, or as determined by Cinewav in its discretion, you are a "Prohibited Organizer".
10.2 Prohibited Events.
You may not post Events to the Site or engage in activities through the Site that:
(a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;
(b) take place in Restricted Countries; and
Any event that falls into any of the categories set forth above, as determined by Cinewav in its discretion, is a "Prohibited Event".
11. LICENSES AND PERMITS ORGANIZERS MUST OBTAIN
If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to the start of Ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to events hosted by you or your affiliates on the Services;
(b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that Cinewav offer tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organizer to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services;
(d) Without limiting the generality of any release provided under these Terms, as a material inducement to Cinewav permitting you to access and use the Services, you hereby agree to release Cinewav, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Cinewav, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Cinewav from time to time.
12. SOFTWARE AND TRADEMARKS
Any use of the Service or the Site other than as specifically authorized herein is strictly prohibited.
Cinewav (or its licensors) shall retain all Intellectual Property Rights in and to all of Cinewav’s business, information, technology and other proprietary materials, including but not limited to Services and Site (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, "look and feel", images, text, graphics, illustrations, data and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto and all other aspects of such technology) or any derivatives thereof, the name “Cinewav” or any derivatives thereof, and any other trademarks and logos (whether registered or not) which are owned or controlled by Cinewav and made available to you through the Service or otherwise (“Intellectual Property”).
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Intellectual Property. Any rights not expressly granted herein are reserved by Cinewav.
The Cinewav name and logos are trademarks and service marks of Cinewav (the “Trademarks”). Other Cinewav, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Cinewav. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Trademarks displayed on the Site, without our prior written permission in each instance.
13. THIRD-PARTY MATERIALS AND LINKS
Cinewav and/or the Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by other users and third parties) or provide links (each, a “Link”) to third-party websites, sites, resources, or services, including through links contained in advertisement, as well as links to websites or applications (collectively, including Links, the “Third-Party Materials”). You acknowledge and agree that Cinewav is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All statements and/or opinions expressed in Third-Party Materials, other than the content provided by the Cinewav, are solely the responsibility of the person or entity providing the same. Cinewav does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. We have no control over the contents of Third-Party Materials and Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Materials and Links linked to Cinewav and/or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Materials and Links. Third-Party Materials, Links, and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
14. RELEASE AND INDEMNIFICATION
You agree to cover Cinewav if you use the Service in a way that causes Cinewav to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
Release. You hereby agree to release Cinewav from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Visitors) in connection with the Services or any event listed on the Services.
Indemnification. You agree to defend, indemnify and hold Cinewav and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Cinewav’s collection and remission of taxes; and (e) your Events (including where Cinewav has provided Services with respect to those Events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Cinewav's gross negligence or willful misconduct. Cinewav will provide notice to you of any such Claim, provided that the failure or delay by Cinewav in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Cinewav may choose to handle the Claim ourselves, in which case you agree to cooperate with Cinewav in any way we request.
15. DISCLAIMER OF WARRANTIES
To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. Cinewav expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Cinewav makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Cinewav has no control over and does not guarantee the quality, safety, accuracy or legality of any Event or Content associated with an Event, the truth or accuracy of any information provided by Visitors (including the Visitors's personal information shared with Organizers in connection with Event) or the ability of any Visitors to perform or actually complete a transaction. Cinewav has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Cinewav requires to provide the Services, that an Organizer chooses to assist with an Event, or that you choose to contract with when using the Services.
The foregoing disclaimers apply to the maximum extent permitted by law.
16. LIMITATION OF LIABILITY
To the extent permitted by applicable laws, or as otherwise set forth herein, Cinewav and any person or entity associated with Cinewav's provision of the Services, will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Cinewav has been advised of the possibility of such damages); or (b) Your Content.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. 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 willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
IN ANY CASE, CINEWAV’S MAXIMUM AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY UNDER THESE TERMS, INCLUDING ANY ADDITIONAL TERMS, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) SHALL NOT EXCEED THE AMOUNT YOU PAID TO CINEWAV HEREUNDER.
17. OUR RIGHTS
We reserve the right at all times to edit, refuse to post, or to remove from the Site any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
We reserve the right to suspend access to all or part of the Site for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Site, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the Site for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
18. GOVERNING LAW
All matters relating to Cinewav and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Singapore without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms or Cinewav shall be instituted exclusively in the courts of the Republic of Singapore.
19. TERM AND TERMINATION
These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated.
Cinewav may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Cinewav; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Cinewav to legal liability. Cinewav may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Cinewav's sole discretion, failure to do so would materially prejudice you. You agree that Cinewav will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
Except to the extent you have agreed otherwise in a separate written agreement between you and Cinewav, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect.
20. GENERAL CLAUSES
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law will not apply to any disputes for which the Parties have actual notice prior to the date the change is posted on our Site. If you do not agree to the changes made to these Terms then you have the right to stop using the Site, and should do so immediately. Your continued use of the Site after the date the changes have been posted will constitute acceptance of the amended terms.
Your continued use of Cinewav following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We may send you a courtesy email if we have an email address on file for you notifying you of changes to the Terms.
Headings are included for convenience only and will not be considered in interpreting these Terms. For the avoidance of doubt, as used in these Terms, the word “including” means “including but not limited to”.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between Cinewav and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.
Cinewav is allowed to assign, novate, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Any failure or delay by Cinewav in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made in writing by Cinewav.
Cinewav may provide notifications to you via email notice, or through posting of such notice on the Site, as determined by Cinewav at our sole discretion. Cinewav reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in these Terms. Cinewav is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
21. COMMENTS AND CONCERNS
Notices to you may be sent via email or regular mail to the address in Cinewav's records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Cinewav or deliver any notice, you can do so at 7 Temasek Boulevard, #12-07 Suntec Tower One, Singapore 038987 or via email to email@example.com.