Terms and ConditionsService AgreementPrivacy PolicyCookie Policy
Terms and Conditions
Last Modified Date: Jan 1, 2019
Effective Date: Jan 1, 2019
Please Read Carefully Prior To Using This Website
1. Acceptance of Terms and Conditions
Use of this Vandenberg Media Inc. and its subsidiaries and affiliates ("Wavenami") website (this "Website") is governed by the terms and conditions contained herein as well as the terms and conditions of the Privacy Policy posted on the Website (“Terms”). These Terms are legally binding on all users of this Website and constitute a legally binding agreement between you (“User”) and Wavenami. By accessing this Website, User expressly and irrevocably agrees to the Terms and to abide by the Terms. These Terms currently list Wavenami’s current policies and terms and conditions, but, as noted below, the Terms may be adjusted from time to time at Wavenami’s discretion. If the User of this Website does not agree with any of these Terms, User may not, under any circumstances, utilize the Wavenami Website. ?
2. Intellectual Property Rights
2.1 Ownership
All content, text, images, data, information and other
material displayed, available or present on this Website
("Content"), including any intellectual property rights in
such Content (including without limitation trademarks and
copyrights) or other intellectual property rights
associated with the Website (hereinafter "Intellectual
Property Rights"), are the property of Wavenami, its
licensors, or designated owners and are protected by
applicable intellectual property laws. User should assume
that everything User sees or reads on this Website is
protected by intellectual property rights, unless
otherwise noted, and may not be used without the written
permission of Wavenami or the respective owner except
as provided in these Terms. All Wavenami trademarks
are listed on the trademark list posted on the Website,
which may be updated from time to time and which is
incorporated herein. All other trademarks or registered
trademarks mentioned herein are used for identification
purposes only and may be trademarks or registered
trademarks of their respective companies.
2.2 Authorized and Prohibited Uses
User may access, use, and display this Website on a single
computer only and download and print copies of the Content
only for non-commercial, informational, personal use,
without modification or alteration in any way, and only so
long as User complies with these Terms and all applicable
laws. If User violates these Terms and/or any applicable
laws, your permission to use the Website terminates. User
may not otherwise reproduce, sell, publish, distribute,
modify, display, or use any Content or portion of this
Website without the prior written permission of
Wavenami; provided, however, if the functionality of
the Website permits the e-mailing of certain Content or a
link through the use of an "e-mail to a friend" (or
similar) icon, User may send that particular Content to
others by e-mail. User will not infringe upon any
Intellectual Property Rights or remove or modify related
intellectual property and/or proprietary notices contained
in this Website or the Content.
2.3 Registration and Passwords
Wavenami may or may not at times require a User to
have a password and provide registration details to access
this Website or portions of this Website. If Wavenami
does require a password and registration details, it shall
be a condition of use of this Website that all the details
User provides are correct, current, and complete. If
Wavenami believes that the details are not correct,
current, or complete, Wavenami will have the right to
refuse User access to the Website, or any of its
resources, and to suspend and/or terminate User´s account.
User is responsible for maintaining the confidentiality of
any password(s) and registration details User is given to
access this Website, and User is fully responsible for all
activities that occur under User´s password(s) and/or
registration details. User agrees to notify Wavenami
immediately of any unauthorized use of User’s password(s)
and/or registration details. Wavenami reserves the
absolute right, in its sole discretion, not to issue a
password to any person or entity.
3. Website and Registration Administration
3.1 Linking
No link shall be made to any page of this Website, except
a direct link to the top page http://www.wavenami.com,
without framing. In addition, any link to this Website
must be immediately followed by notice to Wavenami via
e-mail at support@wavenami.com.
Moreover, in the event Wavenami deems User´s linking
practices in relation to this Website to be inappropriate,
Wavenami may provide notice to the User concerning
removal or modification of the inappropriate link, and
User agrees to comply with any and all requirements of
Wavenami relating thereto. Upon notification to
Wavenami of User’s link to the Website, as provided
above, User may link to this Website unless and until
Wavenami gives notice that User must discontinue
linking to this Website.
3.2 Authority of Website Administrator
Wavenami may in its discretion modify, edit,
translate, suspend, restrict access to, or terminate this
Website, these Terms, the Content, or any link at any time
without liability or prior notice. Wavenami may in its
discretion terminate the browsing of, registration with,
and use of this Website by any User at any time without
liability or prior notice for any reason, including for
any breach of these Terms.
4. User Requirements and Obligations
4.1 Compliance
User will comply with all applicable laws in connection
with use of this Website.
4.2 Unsuitable Conduct
User will not engage in conduct on or in connection with
this Website that is illegal, misleading, infringing,
defamatory, obscene, offensive, or otherwise
objectionable. User will not cause damage, embarrassment,
or adverse publicity to Wavenami.
4.3 User Cooperation and Notification
User will cooperate with all reasonable requests of
Wavenami and will notify Wavenami promptly upon
learning of any actual or suspected breach of these Terms
by User or unauthorized use or abuse of this Website.
4. 4 Third Party Sites and Other Information
As a convenience to User, this Website may contain
Content, links, and other information submitted by third
parties over whom Wavenami has no control or
responsibility. Wavenami has no obligation to monitor,
control, or restrict the use of this Website or third
party websites accessible via links on this Website. These
other sites are not under the control of Wavenami, and
User acknowledges that (whether or not such sites are
affiliated in any way with Wavenami) Wavenami is
not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of
such sites. The inclusion of such a link does not imply
endorsement of any site by Wavenami or any association
with its operators. Moreover, Wavenami has no
obligation to verify any Content submitted by any user or
third party or to provide any registration or other
information to User concerning any Content.
4.5 Warranty Disclaimers, Limitations on
Liability, and Remedies
This Website, its Content, and its links are provided on
an "as is" and “as available” basis and are used only at
the sole risk of User, to the fullest extent permissible
by law. Wavenami disclaims all warranties, express or
implied, of any kind, regarding this Website (including
its Content, hardware, software, and links), including any
express or implied warranties as to fitness for a
particular purpose, merchantability, title, timeliness,
non-infringement, results, accuracy, completeness,
accessibility, compatibility, security, and freedom from
computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE
EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES
TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.?Wavenami will not be liable for any damages or
losses, including direct, indirect, consequential,
special, incidental, or punitive damages, including
without limitation damages for lost profits, goodwill,
use, data, or other tangible or intangible losses, in
connection with use of the internet, this Website, its
Content, or its links, however caused, whether in
contract, tort, negligence, strict liability or otherwise,
even if Wavenami has been advised of the possibility
of such damages. Wavenami will not be a party to, and
will have no responsibility or liability for, any
transaction negotiated or arranged by a User arising in
connection with this Website. In any event, if any of the
above provisions in this Section are not enforceable in an
applicable jurisdiction, the maximum liability of
Wavenami will be limited to, in the sole discretion of
Wavenami, either the (1) correction or deletion of any
inaccurate Content or link; or (2) refund of any fees for
this Website received by Wavenami from User.
4.6 Indemnification
Each User will defend, indemnify, and hold harmless
Wavenami and their respective officers, directors,
employees, and agents, and any of its licensors, website
partners, or contractors from any demands, claims,
damages, liabilities, expenses or harms, including
attorney’s fees, arising in connection with User’s actions
or omissions, including use of this Website, online
conduct, breach of these Terms, or dealings or
transactions with other persons resulting from use of this
Website.
5. Miscellaneous
5.1 Separate Terms and Conditions
In connection with User’s use of and/or access to Content
contained in certain areas of this Website, it may be
necessary for User to consent to policies or terms and
conditions in addition to the Terms set forth herein,
which User should read carefully before making any use of
such Content or areas of this Website. Any such additional
terms and conditions will not vary or replace these Terms
regarding any use of this Website, unless otherwise
expressly stated.
5.2 Privacy Policy
Wavenami is concerned about privacy and has developed
a policy to address privacy concerns. User can find the
current privacy policy at [privacy-policy]
(the "Privacy Policy"). The Privacy Policy is hereby
incorporated into these Terms by reference and constitutes
a part of these Terms.
5.3 Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in
connection with this Website or these Terms (including
without limitation the Privacy Policy), Wavenami and
User agree to negotiate in good faith and undertake
reasonable efforts to cooperate with one another in order
to achieve a mutually satisfactory resolution.
Wavenami has no obligation to become involved in any
dispute between a User and any other person. This Website,
these Terms, and any dispute arising in connection
therewith shall be exclusively governed by and construed
in accordance with the laws of the state of Texas and the
United states without regard to its conflict of law
principles. Wavenami and User agree that all disputes
arising under this agreement will be settled exclusively
through confidential binding arbitration in Austin, Texas,
pursuant to the Rules of Arbitration ("Rules") of the
International Chamber of Commerce ("ICC") by a sole
arbitrator nominated by agreement of the parties and
confirmed in accordance with the said Rules. The
arbitrator´s award shall be binding and may be entered as
a judgment in a court of competent jurisdiction. User
agrees that Wavenami is entitled to obtain preliminary
injunctive relief to the extent allowed by law to enforce
any of the provisions of these Terms pending a final
arbitral decision.
5.4 Modification of Terms, Etc.
These Terms constitute the complete agreement between the
parties with respect to their subject matter and supersede
any prior agreement or communication. These Terms are
subject to change from time to time and are effective
immediately upon posting. Wavenami will endeavor to
post a notice of any changes to these Terms for a period
of thirty (30) days following any such modifications.
Therefore, User is advised to review these Terms
occasionally or at least every thirty (30) days. User’s
continued use of this Website, subsequent to
Wavenami’s notice of modification of these Terms,
shall constitute User´s acceptance of the modified Terms.
If any provision of these Terms shall be found to be
invalid, illegal, or otherwise unenforceable, such finding
shall not affect the other provisions of these Terms, or
the whole of these Terms, but such provision shall be
deemed modified to the extent necessary to render such
provision enforceable, and the rights and obligations of
the parties shall be construed and enforced accordingly,
preserving to the fullest permissible extent the intent
and agreements set forth in these Terms. The parties
hereto are separate and distinct, and this agreement is
not intended to create and does not create an agency,
partnership, or joint venture relationship between the
parties nor do these Terms extend to any third party.
User´s obligations pursuant to these Terms shall survive
termination of this Website, any use of this Website, any
Content provided by User on this Website, and/or these
Terms.
5.5 Contact Information
If you have any questions regarding these Terms or this
Website, please contact Wavenami at support@wavenami.com.
© 2016 Wavenami. All Rights Reserved. Last Updated 2016-02-15.