Terms of Use
Last Updated: 04/03/2021
Introduction
Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Soundwaves App, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.getsoundwaves.com and the Soundwaves App mobile application (the "Service"). This Service is operated by Soundwaves Tattoo SRL. (aka "Soundwaves App"). Soundwaves App is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Soundwaves App website (the "Site"). If you choose to register as a member of our Service, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
1. Availability
This Service is provided by Soundwaves App on an "AS IS" and "AS AVAILABLE" basis and Soundwaves App reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Soundwaves App is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
Soundwaves App has a firm commitment to safeguarding your privacy. Please review Soundwaves App's Privacy Policy at: https://getsoundwaves.com/privacy/. The terms of Soundwaves App's privacy policy are incorporated into, and form a part of, these Terms.
3. Trademarks
All brand, product and service names used in this Service which identify Soundwaves App or third parties and their products and services are proprietary marks of Soundwaves App and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Soundwaves App or any third party with respect to any such image, logo or name.
4. Copyright
(a) User Generated Content. Soundwaves App does not claim any ownership rights in the images, graphics, text, data, hyperlinks and other material supplied by you to us in connection with the App (collectively, “User Generated Content”). By uploading any User Generated Content, you hereby grant us a license to use, modify, delete from, add to, publicly perform, publicly display, and translate such User Generated Content, along with the right to excerpt, analyze, and index from such User Generated Content solely in connection with provision of the App. You represent and warrant that: (i) you own the User Generated Content or otherwise have the right to grant the license set forth in this section, and (ii) the posting and use of your User Generated Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree that we may remove User Generated Content that is offensive or otherwise unacceptable to us in our sole discretion.
(b) Soundwaves App Content. The App is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as provided in these Terms, Soundwaves App and our licensors exclusively own all right, title, and interest in and to the App, including all associated intellectual property rights. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App.
The App contains material, such as videos, photographs, software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Soundwaves App (collectively referred to as the “Soundwaves App Content”). The Soundwaves App Content may be owned by us or our licensors, and is protected under both United States and foreign laws. Unauthorized use of the Prairie Content may violate copyright, trademark, and other laws.
The Soundwaves App Content includes trademarks, service marks, and logos of Soundwaves App and its licensors used and displayed on the App, which are registered and/or unregistered trademarks or service marks of Soundwaves App or its licensors.
We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Soundwaves App Content. You must retain all copyright and other proprietary notices contained in the original Soundwaves App Content. You may not sell, transfer, assign, license, sublicense, or modify the Soundwaves App Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Soundwaves App Content in any way for any public or commercial purpose.
5. Reporting Copyright Violations
Soundwaves App respects the intellectual property rights of others and expects users of the Service to do the same. At Soundwaves App's discretion and in appropriate circumstances, Soundwaves App may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Soundwaves App's agent for notice of claims of copyright infringement, Rohan Sinha who can be reached through contact@getsoundwaves.com. You must provide our agent with substantially the following information, which Soundwaves App may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
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 such 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 the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. External Links
Getsoundwaves.com may provide links to third-party websites or resources. You acknowledge and agree that Soundwaves App is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Soundwaves App of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Soundwaves App be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Soundwaves App that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Soundwaves App does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Soundwaves App, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Soundwaves App EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Soundwaves App MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Soundwaves App for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
11. General
These Terms constitute the entire agreement between Soundwaves App and you with respect to your use of the Service. Soundwaves App's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Soundwaves App shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Soundwaves App. These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New York.
12. Comments
If you have any comments or questions about the Service please contact us by email at contact@getsoundwaves.com.
Section II: Additional Terms
13. Registration
To register as a member of the Service or purchase products, you must be 13 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
14. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Soundwaves App of any unauthorized use of your password.
16. Copyright in Your Content
Soundwaves App does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Soundwaves App a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Soundwaves App any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
18. Storage Policy
At this time, Soundwaves App provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Soundwaves App may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Soundwaves App's servers. Furthermore, you acknowledge that Soundwaves App reserves the right to terminate or suspend accounts that are inactive, in Soundwaves App's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Soundwaves App shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Soundwaves App reserves the right to modify its storage policies from time to time, with or without notice to you.
19. Conduct
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
for any unlawful purposes;
to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Soundwaves App or to facilitate the unlawful distribution of copyrighted content or illegal content;
to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
to upload, post, or otherwise transmit any material which is likely to cause harm to Soundwaves App or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
for any commercial purpose, except as expressly permitted under these Terms;
to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Soundwaves App by hyperlink and not to compete with Soundwaves App.
19. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than Soundwaves App. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without Soundwaves App's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
20. Suspension and Termination of Access and Membership
You agree that Soundwaves App may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Soundwaves App Site, in Soundwaves App's sole discretion, if you fail to comply with the Terms or applicable law.
