About » Terms & Privacy
Publication Date: February 8, 2017
Acceptance of Terms
As between you and Waveforge Music, Waveforge Music owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Waveforge Music or the applicable rights holder. (The Site may contain some features that enable you to obtain rights to use certain of the content on the Site, such as lyrics, music, photographs, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by Waveforge Music in such situations.) You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws, as well as applicable international laws and may be subject to liability for such unauthorized use. Waveforge Music will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Waveforge Music and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Waveforge that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Waveforge Music or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Waveforge Music will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
Waveforge Music may require registration for the use of content. In this context Waveforge Music may receive and store any information you enter on the website. The types of User Information may collect and process include your name, e-mail address, mobile phone number, mailing address, any submissions or posts, credit card and/or other payment information, technical information including IP address, browser information, cookies, username, password, time zone, operating system and platform, information about your visit including full URL clickstream to, through and from our site, timestamp and any other information necessary for Waveforge Music to provide the services. Third party partners may collect personal information about your online activities over time and across third party websites or online services through your use of the Site. The Website contains links to other sites.
Tracking Technologies. We and our affiliates, analytics and service providers use technologies such as cookies, beacons, tags and scripts. These technologies are used in analyzing trends, administering the site, remembering preferences, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We also use Local Storage Objects (LSOs) such as HTML5 or Flash to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 or Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs.
You may be able to log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at the contact information listed below.
Waveforge Music neither rents nor sells received personal information to anyone but may share it with (a)Affiliated businesses which Waveforge Music does not control. Waveforge Music may become affiliated with a variety of businesses to provide services, or sell products jointly; (b) Agents. Waveforge Music may employ other companies and people to perform tasks on our behalf and need to share user information with them; (c) Promotional offers. Waveforge Music may send offers to you on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please send an e-mail with your request; (d) Business transfers. In some cases, Waveforge Music may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Waveforge Music, or substantially all of its assets were acquired, or in the unlikely event that Waveforge Music goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Waveforge Music may continue to use your personal information as set forth in this policy; (e) Protection of Waveforge Music and others. Waveforge Music may release personal information when believed in good faith that release is necessary to comply with the law; enforce or apply Waveforge Music's conditions of use and other agreements; or protect the rights, property, or safety of Waveforge Music, its employees, users, or others. This includes exchanging information with other companies and organizations for fraud protection, credit risk reduction and violation of copyright and other laws.
Rules and Conduct
You also warrant and agree that you shall not (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You agree to defend, indemnify and hold Waveforge Music and its directors, officers, employees, agents or content or service providers (collectively, "Protected Entities") harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. Waveforge Music reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Waveforge Music’s defense of such claim.
Although Waveforge Music may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Waveforge is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the service, that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Waveforge Music or any third party; or involves commercial activities and/or sales without Waveforge Music's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Waveforge Music in its sole discretion) an unreasonable or disproportionately large load on Waveforge Music's (or its third party providers') infrastructure; (b) interfere or attempt to interfere with the proper working of the service or any activities conducted on the service; (c) bypass any measures Waveforge Music may use to prevent or restrict access to the service (or other accounts, computer systems or networks connected to the service); (d) run maillist, listserv, any form of auto-responder or "spam" on the service; or (e) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the sites.
You shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the service, except to the limited extent applicable laws specifically prohibit such restriction, (b) modify, translate, or otherwise create derivative works of any part of the service, or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Waveforge Music does not endorse and has no control over any user submission. Waveforge Music cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the service is at your own risk and you will be solely responsible for any damage or loss to any party resulting there from.
Waveforge Music has no obligation to monitor the site, service, content, or user submissions. Waveforge Music may remove any user submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such user submission), or for no reason at all.
Under no circumstances will Waveforge Music be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, e-mailed, accessed, transmitted or otherwise made available via the service.
Registration, Account and Password
In the event that you receive software demos or other software products downloaded from the Site or otherwise delivered or provided by Waveforge Music in response to your request, your use of such software will be subject to the software license agreement that accompanies such software.
Orders for Products and Services, Fees and Payment
Waveforge Music reserves the right to require payment of fees for certain features of the service. We may make certain products available to visitors and registrants of the Site. For example, you may be able to order certain music-related products and/or licenses through the Site. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the sites in connection with such features. You may only do so if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Waveforge. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Waveforge Music reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by e-mail or posted on the sites. Use of the service by you following such notification constitutes your acceptance of any new or increased charges.
Third Party Websites
The service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the sites. You may be able to link from the Site to third party websites ("Linked Sites"). For example, you may purchase products, some of which may be Waveforge Music products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. When you access third party websites, you do so at your own risk. These other websites are not under Waveforge Music's control, and you acknowledge that Waveforge Music is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Waveforge Music or any association with its operators. You further acknowledge and agree that Waveforge Music shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
DISCLAIMER OF WARRANTIES
WAVEFOGE MUSIC HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WAVEFORGE MUSIC HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WITH USERS GAINS ACCESS TO THE WEBSITE; WHAT CONTENT YOU ACCESS VIA THE WEBSITE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE WAVEFOGE MUSIC FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SITE. THE SITE MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. WAVEFORGE MUSIC MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, AND WAVEFORGE MUSIC WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS" [AND] "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Waveforge ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WAVEFORGE MUSIC AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH WAVEFORGE MUSIC OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY Waveforge "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Waveforge OR ITS LICENSOR OR SUPPLIER. Waveforge Music MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES.
LIMITATION OF LIABILITY
WAVEFORGE MUSIC WILL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON WAVEFORGE MUSIC’s EQUIPMENT, TRANSMITTED OVER NETWORKA ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICES. 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 DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO WAVEFORGE MUSICS FOR YOUR USE OF THE SITE.
Modifications to the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. Waveforge reserves the right to temporarily or permanently terminate your membership on the Site for any or no reason without prior notice.
Notices and Contact Information
You and Waveforge Music agree to arbitrate all disputes between you and Waveforge Music or its affiliates, except for disputes relating to the enforcement of Waveforge Music’s or its affiliates intellectual property. The terms and conditions are solely governed by and construed in accordance with the laws of Switzerland, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and Waveforge Music relating to the Site must be resolved exclusively through in small claims court in Basel-Stadt, Switzerland. In the event of a dispute, you or Waveforge Music must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending Us a Notice of Legal Dispute, to the address listed in the "Notices and Contact Information" above. We will send any notice of dispute to you at the contact information we have for you.
You and Waveforge Music agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and Waveforge do not resolve the dispute in such 60 day time period, then you or Waveforge Music may commence arbitration. You and Waveforge Music agree that a dispute will be heard before single a neutral arbitrator, whose decision will be final. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration proceedings shall be governed exclusively by a swiss arbitration. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the courts located in Basel-Stadt, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.