Terms of Use

These Terms of Service apply when you access, use or visit our website located at www.wav.media, the WAV Media mobile application (the “App”), and the services provided by WAV Media, Inc. through the Site and the App (the Site, the App and these services constituting the “Service”). The Service is provided to you by WAV Media, Inc. (“Company,” “we,” “us” and “our”). We prepared these WAV Media Terms of Service (these “Terms of Service”) to help explain the terms that apply to your use of the Service.

Notice Regarding Dispute Resolution: These Terms of Ser vice contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes (see Section 12 below). Subject to limited exceptions, these Terms of Service require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 12(E). Unless you opt-out of arbitration, you will only be permitted to:
  1. (a) pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and

  2. (b) seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  1. 1. Updates to these Terms of Service.

    We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes. If you are a registered user of the Service, we will notify you of material changes to these Terms of Service by email at least thirty (30) days before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. In addition, you will be required to affirmatively accept the new Terms of Service the first time you visit the Service and log in to your user account after the new Terms of Service take effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service.

  2. 2. Privacy Policy.

    In connection with your use of the Service, please review our Privacy Policy, located at http://wav.media/policy/privacy.html to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

  3. 3. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that:
    1. (a) the information you submit to the Service is truthful and accurate;

    2. (b) your use of the Service does not violate any applicable law or regulation;

    3. (c) you are 13 years of age or older; and

    4. (d) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service.

  4. 4. Member Accounts and Registration
    1. A. Member Registration. You can visit and browse the Service without becoming a registered member of the Service, but you will not be able to access the interactive portions of the Service, purchase or receive virtual items offered through the Service (these virtual items are referred to in the Service as “Diamonds”) or post Contributions on the Service, unless you are a registered member of the Service. You can sign up to become a registered member of the Service by completing the registration process in the App or the Site. If you sign up to become a registered member of the Service, you agree:
      1. (i) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”);
      2. (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and
      3. (iii) that you will comply with the rules governing Contributions in Section 5 below.
    2. B. Registration Through Third Party Social Media Services.

      You can also log in to the Service through a third party social media service that you belong to, such as Facebook or Twitter. By logging in to Service through these social media services, you grant us permission to access and use the information that you post or store on the applicable social media service, in accordance with the privacy policy of that service and the privacy settings that are applicable to your account, and to store the user name and password you use to log-in to the applicable social media service. For more information on how we use the information we collect about you from these social media services, please review our Privacy Policy. For more details on how you can manage the information provided to us by these social media services please review the privacy settings applicable to your account with the applicable social media service.

    3. C. Member Accounts. You will be required to create a user I.D. that will be associated with your member account. You may only create one user I.D. that will be associated with your member account. You may not:
      1. (i) select or use as a user I.D. a name of another person with the intent to impersonate that person;
      2. (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or
      3. (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene.
      We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password. As part of your member account, you will be able to create a user profile, invite other registered members to become your contacts on the Service, and upload and post content that you want to share with other members of the Service and the public generally.
  5. 5. Rules Governing User Contributions; Prohibited Activities.
    1. A. User Contributions.

      If you are a member of the Service and you are logged in to your member account, you may be able to share videos you have created, as well as to send messages to other users of the Service, including text, picture, and video messages (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you post on or through the Service. When you create or make available a Contribution on or through the Service, you represent and warrant that you:

      • own or have sufficient rights to post your Contributions on or through the Service;

      • will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;

      • have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post on or through the Service;

      • will not post Contributions that:
        1. (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
        2. (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
        3. (iii) contain material that solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner;
      • will not post Contributions that contain advertisements or solicit any person to buy or sell products or services;

      • will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and

      • will comply with all applicable laws, regulations and industry standards when posting Contributions through the Service, including the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time.

    2. B. Prohibited Activities.

      In addition to the obligations described in Section 5(A), you agree that, in connection with your use of the Service, you will not:

      • use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;

      • transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;

      • impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;

      • post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;

      • post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;

      • decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;

      • circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 7) or enforce limitations on use of the Service or the Materials on the Service;

      • solicit Diamonds in exchange for money or donations, and request money or donations for Diamonds or any other virtual items offered through the Service; provide items, or specific services, that are associated with a monetary value in exchange for Diamonds;

      • sell, offer to sell, trade, barter, or transfer Diamonds to other users of the Service in exchange for
        1. (i) real or virtual currencies; or
        2. (ii) any other items of value whether inside or outside the Service. Any attempted prohibited sale or transfer will be null and void;
      • use Diamonds as a bet or wager or solicit or accept Diamonds for a bet or wager; or

      • use Diamonds to engage in any fraudulent, criminal or other unauthorized activity, or soliciting or receiving Diamonds for any fraudulent, criminal or other unauthorized activity.

  6. 6. Rights in Contributions
    1. A. Ownership of Contributions.

      We do not claim any ownership rights in the Contributions that you post on or through the Service. After posting your Contributions on the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.

    2. B. Grant of License to Us for Contributions.

      By making a Contribution to the Service, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Service available to you) and worldwide (because the Internet is global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market and distribute the Contribution in connection with the Service, our business, or the promotion of the Service or our business in any media formats and through any media channels now known or subsequently created. If you do not want us to use your Contributions for these purposes, you should not post Contributions to the Service. If you want to end the foregoing license with respect to any particular Contribution, you may remove or request to have removed the Contribution from the Service, provided that the foregoing license will survive with respect to any uses of the Contribution made prior to removal of the Contribution. Notwithstanding anything herein to the contrary, you agree that we may retain copies of your Contributions in our backup or archived records, in the event of a dispute or as required by law.

  7. 7. Our Intellectual Property Rights.

    Except for your Contributions and the Contributions of other users of the Service, all of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.

  8. 8. Our Management of the Service; User Misconduct
    1. A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to:
      1. (i) monitor or review the Service for violations of these Terms of Service and for compliance with our policies;
      2. (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service;
      3. (iii) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof;
      4. (iv) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service;
      5. (v) screen our users or members, or attempt to verify the statements of our users or members and/or
      6. (vi) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms of Service.
    2. B. Interactions with other Users.

      You are solely responsible for your interactions with other users of the Service. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Service and that you give to other users of the Service. Information posted to the Service by other users of the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Opinions and other statements included in users’ Contributions do not represent our opinions or statements and the posting of a Contribution on the Service does not constitute our support or endorsement of any opinions or statements expressed in the applicable Contribution.

    3. C. Our Right to Terminate Users.

      WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service or any remedy we may have under law or in equity, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.

  9. 9. Third Party App Stores.

    You acknowledge and agree that the availability of the Service may be dependent on third party websites or mobile applications from which you download the Service, e.g., the Apple App Store or Google Play Store (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and us and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.

  10. 10. Third Party Sites.

    The Service may contain links to websites operated by third parties (“Third Party Sites”); however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms of SErvice DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE through links or other MEANS provided on or through the service, you SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS and PRIVACY POLICY, AND INFORM yourself OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

  11. 11. The “Diamonds” Feature of the Service
    1. A. Permitted Use of Diamonds.

      The Service offers a feature allowing users to purchase virtual items, referred to in the Service as “Diamonds,” for use within the Service. You may only use the Diamonds you purchase through the Service to “applaud” Contributions other users post to the Service. You acknowledge and agree that your distribution of any Diamonds as virtual applause in connection with any other user’s Contribution, is made solely at your discretion. You further understand that once you have used your Diamonds to applaud another user’s Contribution, the action cannot be undone, the Diamonds cannot be withdrawn, and the applicable Diamonds will be removed from your member account.

    2. B. Availability of Diamonds.

      We do not guarantee that Diamonds will be available at all times or at any given time or that we will continue to offer Diamonds for any particular length of time. We may immediately suspend or terminate the offering and use of Diamonds within the Service for any or no reason, in our sole discretion, and without advance notice or liability. We reserve the right, without prior notification, to limit the quantity of Diamonds you can earn through applause and/or to refuse to allow you to obtain or redeem Diamonds. You acknowledge and agree that we have and will have no liability for loss of Diamonds or any related revenue share due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity.

    3. C. Diamonds Are Not a Monetary Instrument.

      Diamonds are digital content intended to be purchased and consumed on the Service, and do not serve as a currency. Diamonds have no monetary value (i.e., are not a cash account or equivalent), and do not constitute currency or property of any type. The amount of Diamonds stored in your member account does not reflect any stored value. Diamonds can only be used to applaud other users’ Contributions, and Diamonds cannot otherwise be sold or transferred to other users of the Service, and cannot be exchanged for cash or for any other goods and services. Users have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased Diamonds, which remain the Company’s digital content subject to these Terms of Service. We do not recognize the transfer of Diamonds (including for money or any other consideration or items of value whether inside or outside of the Service). Accordingly, you may not purchase, sell, barter, or trade any Diamonds, or offer to purchase, sell, or trade any Diamonds. Any applicable attempted transfer will be null and void.

    4. D. Revenue Sharing.

      Although Diamonds are not a monetary instrument, we may share seventy percent (70%) of the revenue received by us from the sale of Diamonds (after deducting our costs and expenses (including without limitation third party platform fees charged by Apple, Inc. or Google Inc. or others) as well as any taxes), with users who receive applause in connection with their Contributions, in proportion to the amount of applause received. However, Diamonds are not intended to be used as a means to provide financial support to any user, and we do not guarantee that users who receive applause will receive a revenue share. In order to receive a revenue share payment, you will need to provide us with information about the payment account where the revenue share can be deposited; if you do not provide us with such information to make such payment to you, within sixty (60) days of email notice to you seeking such information (sent to the email address you set in your user account), you hereby agree that you do not want such payment and you are hereby waiving such payment and we will have no obligations to you to make such payment. We may withhold revenue share payments until such time as you have accrued revenue share payments totaling at least US$100. For more information about how we collect and use your payment account information, please review our Privacy Policy.

    5. E. Terms of Sale.

      The purchase of Diamonds must be made lawfully, for legitimate purposes

    6. i. Payment Method and Terms.

      We currently accept major credit cards, certain debit cards, PayPal and/or such other payment methods we may make available to you from time-to-time through the Service, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars or such other currency as we may select in our sole discretion. PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through applicable financial institutions and complying with applicable laws and regulations. They may also communicate directly with you regarding any issues with a payment.

    7. ii. Taxes.

      You are responsible for any applicable national, state or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your purchase of any Diamonds, and for determining the applicability of any taxes that you must pay in connection with your receipt of any applicable revenue share. As the purchaser of Diamonds, taxes or other fees on the transaction will be calculated based on your jurisdiction of residence. If you do not pay applicable sales or other taxes or fees on a transaction, you will be responsible for these taxes or fees in the event that they are later determined to be payable on the applicable sale, and we reserve the right to collect such taxes or other fees from you at any time.

    8. iii. No Refunds.

      Diamonds are non-refundable, and if you don’t use your Diamonds to applaud other users’ Contributions, the amount you paid in connection with your Diamonds will not be returned to you. Except as required by applicable law, you will forfeit any unused Diamonds inventory upon termination of your member account for any reason. In addition, except as required by applicable law, if you have received Diamonds from other users that have applauded your Contributions, and your account is terminated for any reason prior to your receipt of the applicable revenue share, you will forfeit the amount of the applicable revenue share.

  12. 12. Legal Disputes and Arbitration Agreement

    Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

    1. A. Initial Dispute Resolution.

      We are available by email at wavcommunity@wav.media to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and us agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

    2. B. Agreement to Binding Arbitration.

      If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 12(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.

      The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.

      The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

    3. C. Class Action and Class Arbitration Waiver.

      You and us each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and us each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 12(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

    4. D. Exception - Small Claims Court Claims.

      Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

    5. E. 30 Day Right to Opt Out.

      You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 12(B), 12(C) and 12(D) by sending written notice of your decision to opt-out by emailing us at wavcommunity@wav.media. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

    6. F. Exclusive Venue for Litigation.

      To the extent that the arbitration provisions set forth in Section 12(B) do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 12, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

    7. G. Applicable Law.

      You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and the Company.

  13. 13. Warranty Disclaimer; Limitation on Liability
    1. A. Disclaimer of Warranties
      1. (i) to the extent permitted by applicable law, The SErvice, Materials, ALL CONTRIBUTIONS, Diamonds and ANY OTHER content, MATERIAL OR ITEMS PROVIDED THROUGH the Service ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Service, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER Content, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO BY the Service, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS, materials OR ANY OTHER CONTENT, MATERIAL OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the Service. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of SErvice. YOU AGREE THAT YOUR USE OF The Service WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR Affiliates, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service AND YOUR USE THEREOF.

      2. (ii) to the extent permitted by applicable law, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the Service, the Materials, THE CONTENT, MATERIAL OR ITEMS OF ANY SITE LINKED TO the service, CONTRIBUTIONS, INFORMATION OR ANY OTHER content, MATERIAL OR ITEMS ON the service OR LINKED TO BY the Service. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
        1. (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR ITEMS (for clarity, on or off the service)
        2. (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SERVICE,
        3. (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
        4. (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM the service,
        5. (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the service BY ANY THIRD PARTY, AND/OR
        6. (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL or itemS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, material or items (including without limitation Contributions and materials) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA the Service.
    2. B. Limited Liability.

      to the extent permitted by applicable law, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT, material or items THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of SErvice, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Service, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

  14. 14. Indemnity.

    You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Service or any content or information available through the Service (including, for clarity, your Contributions), or any violation of these Terms of Service and/or our Privacy Policy and/or the terms and conditions that are applicable to your use of Third Party Sites. You will not be required to indemnify and hold us and such parties harmless from and against any such claims or demands to the extent resulting from the Company’s own negligent conduct.

  15. 15. Notice to California Users.

    Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to wavcommunity@wav.media. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

  16. 16. Digital Millennium Copyright Act Policy.

    We respect the rights of content creators and will promptly remove any content that violates these rights. We also ask users to be responsible in making sure that the content they are uploading to the Service does not infringe on any copyrights.

    1. A. DMCA Notifications.
      1. (i) If you believe that material available on or through the Service infringes one or more of your copyrights, please send a notification (a “DMCA Notification”) including all of the information described below to our DMCA Agent by mail or email using the contact information provided below. Please provide the actual link to any material that you wish to identify to allow us to quickly locate and address the file(s) at issue.

      2. (ii) We will in our discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the account and/or access rights of repeat infringers.

      3. (iii) In addition, we will send a copy of a DMCA Notification to the affected user, who may submit a counter notification (a “DMCA Counter Notification”) that could result in our restoring content removed in response to a DMCA Notification.

      4. (iv) You may send a DMCA Notification to our DMCA Agent at: WAV Media, Inc.
        Attn: WAV Copyright Agent
        2250 Cotner Ave., Los Angeles, CA 90064
        Phone: (424) 371-5400
        Email: copyright@wav.media
    2. B. DMCA Notification Requirements.

      All DMCA Notifications must include the following:

      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of the works at that site.

      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL for the webpage for where the material is posted).

      • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.

      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

      • A statement that the information set forth in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      • A copy of your DMCA Notification will be sent to the person who uploaded the material addressed in the DMCA Notification.

      Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.

    3. C. DMCA Counter Notifications From Users.

      If you, the user, receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe in good faith that your content is not infringing or that you have authorization to use the material, you may respond to the DMCA Notification by sending a DMCA Counter Notification to our DMCA Agent (whose contact information is provided above) that includes:

      • Your physical or electronic signature;

      • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (such as a URL for the webpage for where the material is posted);

      • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

      • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a United States District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which WAV Media, Inc. may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

      You may also submit a DMCA Counter Notification to our DMCA Agent at: WAV Media, Inc.
      Attn: WAV Copyright Agent
      2250 Cotner Ave., Los Angeles, CA 90064
      Phone: (424) 371-5400
      Email: copyright@wav.media

      If you submit a DMCA Counter Notification, a copy of the counter notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification.

      Please note that sending a DMCA Counter Notification may not result in your content being restored to our services if the copyright owner chooses to file suit against you within ten (10) business days of receiving the counter notification.

  17. 17. Intellectual Property Policy.

    If you believe that content available on or through the Service infringes one or more of your copyrights, please review and follow the instructions set forth under our Copyright Policy in Section 16 above.

    If you believe that content available on the Website infringes your trademark, right of publicity, or other intellectual property right, please send a notification to our Intellectual Property Rights Agent as follows:

    WAV Media, Inc.
    Attn: WAV Copyright Agent
    2250 Cotner Ave., Los Angeles, CA 90064
    Phone: (424) 371-5400
    Email: copyright@wav.media
    The notification should include the following information:
    • Your name or the name of the owner of the trademark or other intellectual property right being asserted.

    • Identification of the trademark or other intellectual property right you claim is being violated.

    • Identification of the material that you believe violates your trademark or other intellectual property right (such as a URL for the webpage for where the material is posted).

    • An explanation of how the use or material complained of violates your trademark or other intellectual property right.
      Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.

    • A statement that you have a good faith belief that the use described above is not authorized by the rights owner, its agent, or the law; that the information contained in the notice is accurate, and that you are authorized to act on behalf of the owner of the intellectual property right at issue.

    Further, by providing us with the above information, you acknowledge and agree that your information and a copy of your notification may be provided to the user responsible for uploading the file you claim is infringing, other third parties for review and processing.

  18. 18. Independent Contractors.

    Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

  19. 19. Non-Waiver.

    Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

  20. 21. Assignment.

    We may assign our rights under these Terms of Service without your approval and with or without notice to you.

  21. 22. No Modifications by Our Employees.

    If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

  22. 23. Contact Information.

    If you have any questions about these Terms of Service or your account, please contact us at wavcommunity@wav.media.