Terms

Updated April 2020

Terms of Service for Wavium Application

PLEASE READ THIS TERMS OF SERVICE ("LICENSE") CAREFULLY BEFORE USING THE Wavium SOFTWARE. BY USING THE Wavium SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.

IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.

  1. General.

(a) The software, documentation and any fonts accompanying this License whether on the Wavium website, on disk, in read only memory, on any other media or in any other form (collectively the "Wavium Software") are licensed, not sold, to you by Wavium for use only under the terms of this License, and Wavium reserves all rights not expressly granted to you.

(b) Title and intellectual property rights in and to any content displayed by or accessed through the Wavium Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

(c) To use the software or services provided by Wavium, the user must be at least 13 years of age. By using the Wavium Software irrespective of platform or service, the user is acknowledging and stating that they are at minimum 13 years of age at the time of signup. Wavium maintains the rights to suspend accounts that do not comply.

(d) Wavium maintains the authority to remove user(s) provided they breach the terms of service, or at the discretion of Wavium.

(e) Wavium reserves the right to remove access to certain features (paid and unpaid), or removing access of a purchased item from a user at the sole discretion of Wavium.

(f) To use the software or services provided by Wavium, you agree to be bound by the YouTube Terms of Service.

  1. Permitted License Uses and Restrictions.

(a) You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Wavium Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Wavium Software). Any attempt to do so is a violation of the rights of Wavium and it's licensors of the Wavium Software. If you breach this restriction, you may be subject to prosecution and damages.

  1. Consent to Use of Data.

(a) Analytics Data. Wavium and its partners and licensees may provide certain services through the Wavium Software that rely upon analytics and associated usage metrics (“Analytics Data”). To provide and improve these services, where available, Wavium and its partners and licensees may transmit, collect, maintain, process and use your Analytics Data, including tracking of links and the real-time geographic location of your device on which the Wavium Software is used, and you hereby agree and consent to Wavium's and its partners' and licensors' collection, use, transmission, processing and maintenance of such Analytics Data to provide such services. In addition, by enabling and or using any Analytics Data based services or features within the Wavium Software (e.g. the Wavium Software application), you agree and consent to Wavium collecting, using, processing and maintaining information related to your account, and any devices registered thereunder, for the purposes of providing such Analytics Data based service feature to you, or any means desired by Wavium.

  1. Consent to Receive Communications.

You hereby agree and consent to receive email and text message (including SMS and MMS) communications to any email addresses or phone numbers that you provide to the Wavium Software. You agree to assume any costs associated with receiving such communications, and that Wavium does not have any liability or responsibility for any costs incurred by the receipt of such communications during your usage of the Wavium Software.

Wavium retains the right to cease sending communications to you. You are permitted to request the cessation of such communications at any time, by using opt-out features as part of the Wavium Software or given in writing through the public Wavium communication channels. Wavium must respect such requests by ceasing to send communications to any email addresses or phone numbers that you own or have access to.

  1. Consent to Send Communications on Your Behalf.

(a) You hereby agree and permit Wavium to send communications on your behalf to email addresses or text messages that are provided to the Wavium Software.

(b) By uploading or using email addresses or phone numbers (contact methods) that are not your own, you understand that consent must have been given by the owner of the provided contact methods, and you agree to extend that consent to Wavium for the purposes of sending communications to those contact methods on your behalf. You assume liability and responsibility for failing to adhere to your local anti-spam legislation requirements, and for any damages arising out of or related to sending communications to those contact methods.

  1. Termination.

This License is effective until terminated. Your rights under this License will terminate automatically without notice from Wavium if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Wavium Software and destroy all copies, full or partial, of the Wavium Software.

You acknowledge and agree that Wavium is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Wavium does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Wavium is not in any way responsible for any such use by you.

You agree that the Services contain proprietary information and material that is owned by Wavium and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

Wavium and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Wavium be liable for the removal of or disabling of access to any such Services. Wavium may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

  1. Disclaimer of Warranties.

7.1 If you are a customer who is a consumer (someone who uses the Wavium Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Wavium SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Wavium SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Wavium AND Wavium'S LICENSORS (COLLECTIVELY REFERRED TO AS "Wavium" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Wavium SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

7.4 Wavium DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Wavium SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE Wavium SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE Wavium SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE Wavium SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE Wavium SOFTWARE WILL BE CORRECTED.

7.5 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Wavium OR AN Wavium AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE Wavium SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Wavium BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE Wavium SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Wavium HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Wavium's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  1. Export Control.

You may not use or otherwise export or reexport the Wavium Software except as authorized by United States law and the laws of the jurisdiction in which the Wavium Software was obtained. In particular, but without limitation, the Wavium Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Wavium Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Wavium Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

  1. Controlling Law and Severability.

This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

  1. Complete Agreement; Governing Language.

This License constitutes the entire agreement between the you and Wavium relating to the Wavium Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Wavium. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.