Publication Date: May 25, 2018
This agreement is applicable to all users of our sites or service, including contributors of content, information, as well as other materials or services on the sites.
We may occasionally change, add additional terms to or delete from these current terms as per our discretion, with or without notification and without liability to you. we may (but are not obligated to) email our registered users with the new details where the changes are substantially significant, but will always update the terms on this page and indicate the last updated date at the top center whether the applied changes are material or not.
Acceptance and Modification of Terms
Proprietary Rights and Trademarks
Except we explicitly state so to the contrary, all materials available on our Sites, including without limitation audio, illustrations, photographs, graphics, video, other visuals, copy, software, lyrics, code, data and other materials thereon; as well as the look and feel, organization and design of the website, and the compilation of the content, data, code, and materials on the website, are copyrighted, trademarked, controlled or licensed by Waveforge Music, its associates or by other third parties who have licensed these materials to Waveforge Music. All such content are fully protected by copyright, trademark, and all other relevant laws and international treaty provisions, and you may not use the content in any way except as allowed by this agreement or with the prior clear written consent of Waveforge Music. Any unauthorized use may lead to criminal or civil penalties.
The Sites, our page headers, logos, scripts, button icons, and service names included in or made available through Websites are trademarks or trade dress of Waveforge Music in the Switzerland and other countries. Some other trademarks, logos, and service marks provided on the Waveforge Music Website are the Service marks or trademarks of a third party and may not be used, copied or reproduced without the permission of the owner.
All trademarks, service marks, logosand trade names found on the Website are the trademarks of Waveforge Music and others (whether registered or unregistered) and may not be used in relation to products and/or services that do not relate to, associate with, or are sponsored by their rights holders that may cause customer confusion, or in any manner that discredits disparages or their rights holders. We grant all eligible users the authorization to download, link or copy materials, content and any other downloadable resource that we make available on the Website for personal use only, provided that such materials are not modified, and such users must retain all copyright and proprietary notices within the materials. You agree that the download or copy of such provided materials does not transfer to you any title, interest, or right in any such downloaded materials. Any commercial distribution, exploitation or publishing of the Website, or any content, data, code or materials on the Site, is prohibited except you have received the written permission of Waveforge Music or the applicable rights holder.
You may not broadcast, duplicate, display, republish, communicate or transmit any of our content in any form or through any means, including without limitation recording, electronic, automation, photocopying, or in any other way of by any other means without the written permission of Waveforge Music. The license to use the Website and Services automatically ends if you violate any of these terms and conditions.
User Information, Registration, Account and Password
As a condition to using certain portions of our Website and Service, we may ask you to register a user name with Waveforge Music and select a corresponding password. You may do this using a stand-alone registration or through logging in with your social media account.
After you have completed the registration process, you will be solely responsible for maintaining and upholding the confidentiality and security of your username and password, and you shall be answerable for any unauthorized use of your account or password. You are liable for every activity that occurs under your account, whether the access to your account was gained by you or authorized on another person’s behalf by you.
You agree to maintain only current, complete, and accurate information under your account, as your failure to do so may lead to your inability to access and use the Services, or an outright termination of this agreement. We ask that you always exit from your Waveforge Music account at the end of each session and immediately notify us in writing if you suspect an unauthorized use of your account or any other breach of security.
We may also require registration for the use of content, and may store such received information. The types of user Information collected and processed under this category may include your name, mobile phone number, e-mail address, contact address, submissions or posts, credit/debit card or other payment information, as well as technical information which includes IP address, browser information, username, password, cookies, operating system and platform, time zone, information about your visit including full URL clickstream to, through and from our Sites, timestamp and all other information necessary for Waveforge Music to provide its services.
We may provide users with the ability to upload, disclose, submit, distribute or post (content, videos, written forum comments, audio clips, data, photographs, graphics, text, software, scripts, works of authorship as well as other information (Collectively known as "user submissions"). It is our policy to regard and treat all user submissions transmitted, uploaded or posted by users to the Websites, including without constraint any information, questions, comments, and suggestions, as non-proprietary and non-confidential. You thereby grant Waveforge Music the right to use any user submission so transmitted, uploaded or posted by you for any and all purposes, including without limitation reproduction, disclosure, broadcast, transmission, and publication.
While any user content you provide remains your property, you grant Waveforge Music an international, transferrable, unending, irreversible, royalty-free license, with the rights to sub-license, modify, duplicate, publicly perform, make derivative works of, distribute, openly show, and to use such user provided content in any form or way without additional notice to you, without requiring permission from you, and without the expectation of reimbursement by you.
You however understand and accept that as an independent platform, this Sites has no control over the content posted by its users, and we do not accept liability for any content and user submission submitted by you or any other third party users of our website. You understand and agree that this Website being an independent platform has the ability to claim the benefit of safe harbor provisions under the provisions of the Digital Millennium Copyright Act or any other similar provisions of other jurisdictions.
Waveforge Music may use its discretion to remove any content that does not comply with this agreement or that violates any third party copyrights or trademarks, but you fully understand and accept that we will not be liable for our delay or failure to remove such content.
You understand and agree that it is your personal responsibility to use the comments and content of the Waveforge Music Website in a responsible and ethical manner.
Rules and Conduct
You may not upload, submit, transmit, distribute or otherwise publish through the Waveforge Music Websites, any materials protected by third party copyright, or any other proprietary and intellectual property right; content and material that is illegal, threatening, hateful, defamatory, vulgar, slanderous, harassing, profane, obscene, misleading, deceitful, invasive of a third party’s privacy or publicity rights, or that contain graphic descriptions or accounts of sexual acts.
You may under no circumstances restrict or inhibit other users from using and enjoying the Waveforge Musix Websites; act in a way to constitute or encourage criminal offenses and conduct or that may give rise to civil liability; or upload and post false or misleading indications of origin or statements of fact.
You are proscribed from uploading content containing a virus or other harmful component, and from engaging in advertising of any kind through our service.
You may under no circumstances impersonate any individual or entity or misstate your relationship with any other individual or entity; attempt to gain unauthorized access to other computer systems and networks through the Site; and/or engage in flooding, spamming, harvesting of personal information, spidering, "database scraping," "screen scraping," or any other activity with the intent to obtain lists of Waveforge Music users or other information.
Do not send chain letters or pyramid schemes through the Websites; upload, publish, post, transmit, distribute, reproduce or in any way use any material obtained through the website for commercial reasons other than as clearly permitted by the provider of such material.
You may not use the Websites in any way that could damage, overburden, disable, or impair the Websites or interfere with other individual’s use and enjoyment of the Sites.
You are prohibited from acting in a way and manner that imposes an unreasonable or disproportionately large load on Waveforge Music's infrastructure or that of its third party providers'; interfering or attempting to inhibit the proper working of the service; bypassing any measures that Waveforge Music may use to prevent or limit access to the service; deciphering, disassembling, decompiling, reverse engineering or otherwise trying to derive any underlying ideas or source code or algorithms of any part of our service.
You agree not to modify, translate, or create in any way derivative works of any part of the service; and/or copy, rent, distribute, lease, or otherwise transfer any or all of the rights that you receive hereunder. You are to abide by all applicable local, state, national and international laws and regulations.
You may not link from any other website to the Waveforge Music Websites in any manner such that the website, or any page of it, is "framed," obfuscated or surrounded by any third party content, branding or materials.
Although Waveforge Music may occasionally monitor or review discussions, postings, chats, bulletin boards, transmissions, and the like on the Websites, we are under no obligation to do so and are not responsible or liable for the use of any content and for any error, libel, defamation, slander, falsehood, omission, obscenity, profanity, danger, pornography, or inaccuracy contained in any information therein.
You recognize and accept that your use of any received software demos or other software products downloaded from the Websites or otherwise provided by Waveforge Music in response to your request, shall be subject to the specific software license agreement accompanying such software.
Orders for Products and Services, Fees and Payment
We may require the payment of fees for certain features of the Service, including without limitation the order of certain music-related products and/or licenses through the Websites. Your choice to subscribe to such features means you are liable for all applicable fees as described in connection with such features, provided that you are 18 years old or older. You hereby agree to pay in full the prices for all purchases made by you either by credit or debit card simultaneously with your online order or through other payment means acceptable to Waveforge. You are also responsible for all applicable taxes.
If we do not receive from your credit or debit card issuer, you agree to pay all amounts due upon demand by us. Waveforge Music reserves the right to modify its price list and to introduce new charges at any time, after at least 10 days prior notice to you, which may be provided through e-mail or posted on the website. Use of the Service by you after such a notification shall be taken as your acceptance of any new or increased charges.
Third Party Websites
We may provide third parties links on the Websites to other websites and resources for user convenience only. We ask that you not take the inclusion of such hyperlinks as Waveforge’s endorsement of the content, products and/or services, and procedures, of that third party website, except we precisely tell you so. We will not be accountable or liable for any products, advertising, content, or any other material on or obtainable from such third party sites or resources. Your access and use of such third party websites is entirely at your own risk, and we advise that you read linked websites’ terms and conditions and other policies before using them.
Persons who choose to link and use our Sites from locations outside of Switzerland do so at their own riskon andtheir own initiative, and are fully responsible for compliance with local laws, if and to the level that such local laws are applicable.
DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
THE WAVEFORGE MUSIC WEBSITES, INCLUDING WITHOUT LIMITATION, ALL SERVICES, FUNCTIONS, CONTENT, AND MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE" ONLY, AND WE OFFER IT WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT RESTRICTED TO WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES REGARDING THE AVAILABILITY, USEFULNESS, ACCURACY, OR CONTENT OF INFORMATION, ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR THAT OF FITNESS FOR A PARTICULAR PURPOSE.
WE EXPRESSLY DISCLAIM ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE WAVEFORGE MUSIC WEBSITES OR RELATED SERVICES, CONTENT, FUNCTIONS AND MATERIALS CONTAINED THEREIN WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT MISTAKES AND ERRORS WILL BE CORRECTED. WE DO NOT GIVE ANY ASSURANCES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS.
NO ADVICE, INFORMATION OR RESULTS, WHETHER VERBAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPLICITLY MADE HEREIN. WAVEFORGE MUSIC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL BEAR ANY LIABILITY FOR ANY DAMAGES TO, OR VIRUSES AND OTHER MALICIOUS COMPONENTS THAT MAY INFECT OR HARM YOUR COMPUTER EQUIPMENT OR DEVICE.
IF YOU ARE DISSATISFIED WITH THE WAVEFORGE MUSIC WEBSITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE HAVE NO SPECIAL RELATIONSHIP WITH YOU OR ANY FIDUCIARY RESPONSIBILITY TO YOU. YOU AGREE AND ACCEPT THAT WAVEFORGE MUSIC HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING USERS’ ACCESS TO THE WEBSITE; USER CONTENT ACCESSED VIA THE WEBSITE; THE EFFECTS BROUGHT ABOUT BY SUCH UPLOADING, THE INTERPRETATION AND USE OF SUCH CONTENT; AND WHATEVER ACTIONS OR NON-ACTIONS TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT.
YOU RELEASE WAVEFORGE MUSIC FROM ALL LIABILITY THAT MAY OCCUR AS A RESULT OF HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SITE. OUR WEBSITES MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION AND CONTENT THAT SOME PEOPLE MAY FIND INAPPROPRIATE OR OFFENSIVE. WAVEFORGE MUSIC MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, AND WILL NOT BE LIABLE FOR THE ACCURACY, LEGALITY, COPYRIGHT COMPLIANCE, OR DECENCY OF MATERIAL CONTAINED IN THE WEBSITE.
WITHOUT LIMITATION OF THE ABOVE, WAVEFORGE MUSIC AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS CONCERNING ANY PRODUCTS OR SERVICES PROVIDED OR ORDERED THROUGH THE WEBSITE, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES MADE IN PRODUCT OR SERVICE LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITES OR IN CORRESPONDENCE WITH WAVEFORGE MUSIC OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITES ARE PROVIDED BY WAVEFORGE MUSIC "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SALE AGREEMENT OR LICENSE SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND WAVEFORGE OR ITS LICENSOR OR SUPPLIER.
IN NO EVENT SHALL WAVEFORGE MUSIC OR ANY OF ITS PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, MATERIALS AND FUNCTIONS RELATED THERETO, THE SITE OR THE CONTENT, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE TO USERS RESIDENT IN JURISDICTIONS THAT DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
If any section or part of this agreement is determined by a relevant court of law to be invalid or unenforceable pursuant, then the unenforceable or invalid provisions will be considered succeeded by a valid, enforceable provision that closely reflects the intent of the original provision. The remainder of the agreement shall be valid and continue to be in effect.
With the exception of disputes relating to the enforcement of Waveforge Music’s or its associates’ intellectual property, you and Waveforge Music hereby agree to arbitrate all disputes between you and Waveforge Music or its associates.
Any disputes between you and Waveforge Music relating to the Websites must be exclusively resolved through small claims court in Basel-Stadt, Switzerland. You or Waveforge Music must send to the other party a written notice of dispute in the event of a dispute, outlining the name, address as well as contact information of the party giving the notice, and the facts of the dispute and relief requested.
You may start proceedings by sending us a Notice of Legal Dispute, to the address listed in the "Notices and Contact Information" below. We will send you a notice of dispute at the contact information you provided at registration.
You and Waveforge Music agree to attempt to resolve a dispute employing informal negotiation upon notice of a dispute for a period of 60 days. Should the dispute remain unresolved after 60 days, then you or Waveforge Music may commence arbitration.
Any dispute will be heard before a neutral arbitrator, whose decision will be final. This means that you agree to giving up the right to litigate a dispute before a jury or judge in a court of law. The arbitration proceedings shall be governed solely by Swiss arbitration, and the United Nations Conventions on Contracts For The International Sale Of Goods shall have no applicability.
To the fullest degree permitted by applicable law, no claim or arbitration under these terms shall be joined to or added to any other claim or arbitration, including any claim or arbitration involving any other current or former user of the Waveforge Music Websites.
No class arbitration proceedings is permitted, and disputes are to be resolved only on an individual basis. We will not entertain any claim, action or proceeding related in any way to the website if it is instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions inapplicable or invalid, you agree to the sole jurisdiction of the courts located in Basel-Stadt, Switzerland, and agree to submit to the exercise of personal jurisdiction of its courts for the purposes of litigating any applicable claim or action.
You hereby agree to indemnify and hold Waveforge Music and its associates, their officers, managers, representatives, and employees, blameless and free from any claim, including reasonable legal and accounting fees, brought by a third party as a result of your breach of this agreement, or your violation of any law or of the rights of a third party.
Failure to Perform
Waveforge Music shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Waveforge Music's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Notices and Contact Information
For a user’s notice to be considered delivered under this agreement, it must be given in writing and by registered mail with a policy to regularly tracks its packages, to: Waveforge Music, Attn: Legal & Compliance, 340 S Lemon Ave #1650, Walnut, California 91789.
You may also contact us through email if you have any questions, comments or complaints regarding the Websites.