Digital Wave reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Digital Wave reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
ALL CONTENT AND/OR SERVICES ARE PROVIDED «AS IS» AND «AS AVAILABLE.» DIGITAL WAVE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. DIGITAL WAVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, CONTENT OR SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. DIGITAL WAVE DOES NOT WARRANT THAT THE WEBSITE, CONTENT OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY DIGITAL WAVE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Digital Wave in writing, contractors, agents, dealers or distributors of Digital Wave or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
The Website may contain references to specific Digital Wave products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and services and products contained therein, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, services and products at your own risk.
IN NO EVENT SHALL DIGITAL WAVE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF DIGITAL WAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST DIGITAL WAVE PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO DIGITAL WAVE IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO DIGITAL WAVE IN CONNECTION WITH THE SERVICE IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICES; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DIGITAL WAVE; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT («YOUR CONTENT») THAT IS AVAILABLE TO END USERS OF THE SITE AND THAT IS NOT PROVIDED BY DIGITAL WAVE, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all products downloaded or purchased from this Website is may be subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using Digital Wave’s Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
Use of the Services by You
You agree to use the Services only for purposes permitted by the Terms of Services as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that is provided by Digital Wave. You agree not to access or attempt to access any of the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and/or Services shall rest with Digital Wave and/or its licensors. Unless otherwise specifically provided herein or authorized by Digital Wave in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, its products or Services.
Digital Wave hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Digital Wave disclaims any proprietary interests in the intellectual property rights other than their own.
You may from time to time provide suggestions, comments or other feedback to Digital Wave with respect to any product, material, software or information provided by Digital Wave (hereinafter «Feedback«). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Digital Wave. However, Digital Wave shall not disclose the source of any feedback without the providing party’s consent. Digital Wave shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any Digital Wave’s privacy policies posted on this Website.
Notice and Procedure for Making Claims of Copyright Infringement
It is Digital Wave’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Digital Wave’s Copyright Agent the written information specified below. (Please note that this procedure is exclusively for notifying Digital Wave and its affiliates that your copyrighted material has been infringed.)
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Digital Wave Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
- Name: Tom Smith
- Address: Sham Peng Tong Plaza, 103, Victoria, Mahe, Seychelles, 0091
- E-mail: [email protected]
Information and Materials Provided By You
Contests, Sweepstakes, Auctions, and Promotions
From time to time, Digital Wave may conduct promotions on or through the Website, including, without limitation, auctions, contests and sweepstakes which may be subject to additional terms and/or rules.
Software made available for downloading from or through this Website is licensed subject to the terms of the applicable end use license agreement. Both the Software and any accompanying documentation made available through this Website is the copyrighted work of Digital Wave. You must agree to the terms of the applicable end user license agreement prior to use of the Products made available by Digital Wave through this Website.
Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by Digital Wave in writing, you may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its products or services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. DIGITAL WAVE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
Without limiting the foregoing, Digital Wave makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the Website will meet your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its services or products will be corrected.
The Services which you use may automatically download and install updates from Digital Wave. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Digital Wave to deliver these to you) as part of your use of the Services.
Unlawful or Prohibited Use
Linking to the Website
Linking to the Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Digital Wave endorses or sponsors the linker or its site, products or services. You must not use Digital Wave’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Digital Wave. Furthermore, you agree to remove the link at any time upon Digital Wave’s request.
Ending Your Relationship with Digital Wave
The Terms of Service will continue to apply until terminated by either you or Digital Wave as set out below. If you want to terminate Your legal agreement with Digital Wave, You may do so by (a) notifying Digital Wave at any time and (b) closing Your accounts for all of the Services which you use. Your notice should be sent to [email protected]. Digital Wave reserves the right to terminate its legal agreement with you at its discretion.
Agreement to Deal Electronically
All transactions with or through the Website or Digital Waves may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
Digital Wave does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.
Copyright © 2011-2019 Digital Wave Ltd. All rights reserved. This Website and accompanying products and documentation are the copyrighted property of Digital Wave Ltd and/or its licensors and protected by copyright laws and international intellectual property treaties. Digital Wave and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Digital Wave Ltd. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Digital Wave or third party trademarks or logos without the prior written consent of Digital Wave or the applicable trademark owner is strictly prohibited.