Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Waves Audio, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Waves Forum Account
All registered users with a waves.com account have access to the Forum. In addition to user account information, the Forum collects the following information: Forum nickname, Userid, Avatar, Signature with additional information of choice (limiting links to other recording-industry websites / dealers / companies), Forum posts, comments, likes, file uploads and private messages. The user is responsible to scan and verify that files downloaded from the Forum are free of malware.
You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Waves Audio of any unauthorized uses of your account or any other breaches of security. Waves Audio will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Registration and participation in Waves.com Forum is free; only an active user account is needed to post in the forum. No registration or login is required to view posts and threads – they are public and may appear in search-engine results.
2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content, regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received written permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Waves Audio or otherwise.
3. User Content License
User contributions are licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 Unported License. Without limiting any of those representations or warranties, Waves Audio has the right (though not the obligation) to, in Waves Audio’s sole discretion (i) refuse or remove any content that, in Waves Audio’s opinion, violates any Waves Audio policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Waves Audio will have no obligation to provide a refund of any amounts previously paid.
By participating, you are deemed to grant to Waves Audio Ltd. a perpetual, worldwide, royalty free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such user feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such user feedback.
By using these services and posting or transmitting to Waves Audio Ltd. for posting such Information, you thereby acknowledge and agree that all posted information is publicly available to any viewer of the Site. You further acknowledge and agree that Waves Audio Ltd. shall have no responsibility, liability, or obligation to you with regard to the posted information, its protection, its use or misuse in anyway whatsoever by any entity, including but not limited to Waves Audio Ltd. itself. Without limiting the foregoing, you agree that Waves Audio Ltd. has no obligation to maintain the privacy of any Posted Information.
4. Responsibility of Website Visitors
You acknowledge that Waves Audio has not reviewed, will not and cannot review, all of the material, including computer software, posted to the Website, and will not be responsible for that material’s content, use or effects. By operating the Website, Waves Audio does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. You take responsibility for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Waves Audio disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
The following is not allowed on the forum:
- messages that are obscene, hateful, abusive, insulting, threatening, harassing or that otherwise violate any local or international laws
- condescending or patronizing behavior towards other forum members
- messages designed to insult or slander Waves Audio Ltd. its representatives and employees, or any other person, community or company
- posting of intellectual property or copyrighted pictures, texts, audio or similar material unless explicit permission exists. This includes any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights. If you believe that any posted information infringes your copyrights, you may provide a notification of claimed copyright infringement to the forum moderator.
- criticisms or comments directed to another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability, or comparable characteristic.
- disclosure of private or confidential information that might be damaging to any person or company discussion of software piracy, regardless of perspective
- serial numbers, activation keys, iLok, "cracks", or any other information intended for software piracy or unlicensed use of software.
- posting of marketing texts or press releases that refer to products not associated with Waves Audio Ltd.
- obvious promotion of, or inappropriate links to, other known commercial websites, or any forum or chat groups. If you are unsure whether a link or posting is allowed, please contact the moderator.
- posting of identical topics across multiple threads or forums (cross-posting)
- advertisement of commercial products or services of any kind, or non-commercial solicitations, unless explicit permission exists
- polling the community or petitioning in any manner or posting contests
- direct or indirect representation of a manufacturer, retailer or any other commercial entity
- usernames or nicknames that wrongfully impersonate existing people or organizations, or that are offensive in any way
- usage of excessive formatting to artificially increase attention for individual threads, e.g. ALL CAPS
- collection or distribution of personal data concerning other Waves Forum members without first obtaining the consent of Waves Audio Ltd. and the members concerned.
- using more than one forum account, or any other misleading usage of forum identities
- any kind of private sales, direct or indirect, outside of official "Buy&Sell" topics
- messages specifically designed to inflame controversy or exert pressure on Waves Audio
- any action that may disrupt the operation of Waves.com, Waves forums or to offend its visitors in any way
Postings that fall under any of these criteria may be moved, edited or deleted by forum administrators or moderators without further notice. Waves Audio Ltd. also reserves the right to disable the forum access of members who repeatedly violate the forum rules.
All messages express the views of the author, and neither Waves Audio Ltd or its representatives or affiliates, will be held responsible for the content. Waves Audio Ltd. does not vouch for, or warrant, the accuracy, completeness or usefulness of any message or posting. Waves also assumes no obligation to edit or delete postings and may do so at its own discretion.
For breaking above rules, you may be warned/banned if necessary.
5. Content Posted on Other Websites
We have not reviewed, will not and cannot review, all of the material, including computer software, made available through the websites and webpages to which Waves Forum links, and which link to Waves Forum. Waves Audio does not have any control over those non-Waves Forum websites and webpages, and is not responsible for their contents or their use. By linking to a non-Waves Forum website or webpage, Waves Audio does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Waves Audio disclaims any responsibility for any harm resulting from your use of non-Waves Forum websites and webpages.
6. Copyright Infringement and DMCA Policy
As Waves Audio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Waves Forum violates your copyright, you are encouraged to notify Waves Audio in accordance with Waves Audio’s Digital Millennium Copyright Act (“DMCA”) Policy. Notification can be done by selecting ‘Forum Copyright infringement complaints’ in the ‘To’ menu on our contact page, please provide all links and proof of your copyright ownership. Waves Audio will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Waves Audio will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Waves Audio or others. In the case of such termination, Waves Audio will have no obligation to provide a refund of any amounts previously paid to Waves Audio.
7. Intellectual Property
This Agreement does not transfer from Waves Audio to you any Waves Audio or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Waves Audio. Waves Audio, Waves Forum, the Waves logo, and all other trademarks, service marks, graphics and logos used in connection with Waves Forum, or the Website are trademarks or registered trademarks of Waves Audio or Waves Audio’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Waves Audio or third-party trademarks.
Waves Audio reserves the right to display attribution links such as ‘Powered by Waves Forum,’ theme author, and font attribution in your content footer.
Waves Audio reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Waves Audio may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Waves Audio may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Waves Forum account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties
The Website is provided “as is”. Waves Audio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Waves Audio nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability
In no event will Waves Audio, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Waves Audio under this agreement during the twelve (12) month period prior to the cause of action. Waves Audio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty
You agree to indemnify and hold harmless Waves Audio, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Waves Audio Ltd. reserves the right to reveal your identity or other known information in the event of a complaint or legal action arising from any message posted by you.
Waves Audio Ltd. is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the posted information contained in the Site.
This Agreement constitutes the entire agreement between Waves Audio and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Waves Audio, or by the posting by Waves Audio of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement; Waves Audio may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This document is CC-BY-SA. It was last updated January 23, 2019.
Originally adapted from the WordPress Terms of Service.