(last updated: 14 December 2011)
This Agreement applies to all users of the Services. If you do not agree to all of the terms and conditions of this Agreement, as amended from time to time, you may not use the Services and any license granted to you hereunder will immediately terminate.
During the use of the Services, certain content, data, information, applications or materials from third parties (“Third Party Materials”) or links to certain third party web sites may be made available to you. Wavedeck assumes no responsibility with respect to the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, privacy policies, or practices of such third party websites or any Third Party Materials. Wavedeck disclaims any and all damages, claims or other liability arising from or related to your use of Third Party Materials or third-party websites or services.
Subject at all times to your compliance with the terms of this Agreement, Wavedeck grants you the right to access and/ or use the Services, as further set forth herein, solely for your personal, non-commercial use.
Upon downloading any Application from the Apple App Store ("App Store") or other authorized vendor, Wavedeck grants you a limited revocable, non-exclusive, non-transferable, non-sublicensable license to install and use such Application on any device authorized by Apple, Inc., subject to the usage rules set forth in the App Store's terms of service and/or any other applicable terms of service.
You undertake that you will not distribute, sell, duplicate, transfer, copy or otherwise make available any Application without Wavedeck's consent, including without limitations making an Application available on a network where it can be used by several devices at the same time, and that you will not modify, decompile, reverse engineer, disassemble, create derivative works of, or attempt to derive the source code of any Application. Any attempt to do any of the aforementioned constitutes a breach of this Agreement for which you may be liable for damages.
The terms of this license will also apply to any upgrades, modifications and/ or supplements to any Application, from time to time, unless such is accompanied by a separate license agreement, in which case such agreement shall govern.
You agree to maintain accurate contact information with respect to your user account and to promptly update any such information as required. Specifically, you hereby declare that the phone number used to access the Services is your phone number, or that you are otherwise authorized to use such phone number in connection with the Services. You undertake to promptly inform Wavedeck of any unauthorized use of your user account and/ or phone. Wavedeck shall not be liable for any unauthorized use of your user account and/ or phone, but you may be liable for the losses of Wavedeck and/ or third parties arising from such unauthorized use.
You are solely responsible for backing up any data which an Application may save on your device. Wavedeck shall not be responsible for any loss of account and other information, including if such loss is due to malfunctioning of an Application.
You may not collect any account data of other users of the Services, or use the Services for commercial solicitation. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Service in a manner that sends more request messages to Wavedeck's servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
Nothing in this Agreement shall be construed to grant or transfer you any rights to Wavedeck's intellectual property or to that of its licensors, except for the limited right to use such in connection with the Services as specifically set forth herein. The WaveDeck name, www.wavedeck.com, the Wavedeck logos, designs and all other trademarks, service marks, graphics and logos and all other intellectual property rights used in connection with the Services are the sole property of Wavedeck or its respective third party licensors.
You undertake (i) not to use, copy, distribute or duplicate any of the intellectual property of Wavedeck or its third party licensors, unless as specifically authorized hereunder; and (ii) not to challenge or interfere with Wavedeck's intellectual property rights in any way.
You acknowledge that any fees payable in connection with the download of an Application may not constitute the sole cost and expense incurred by you in connection with the access and use of such Application. Additional costs are likely to be incurred to your carrier or service provider or other third parties, including airtime, message or data service charges, as applicable. You acknowledge that you are solely responsible for keeping informed on and settling such charges and that Wavedeck shall bear no liability in connection therewith.
WITHOUT DEROGATING FROM THE FOREGOING YOU UNDERSTAND THAT THE USE OF THE WAVEDECK APP ENTAILS DATA TRANSFER THROUGH YOUR PHONE DEVICE AND THAT TO THE EXTENT YOU SHALL NOT HAVE AN UNLIMITED DATA SERVICE PLAN, ADDITIONAL DATA TRANSFER COSTS WILL BE INCURRED IN CONNECTION WITH YOUR USE OF SUCH APPLICATION.
Without derogating from any of your undertakings set forth elsewhere in this Agreement, you shall not, at any time, do, participate in or facilitate any of the following:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SERVICES AT YOUR OWN DISCRETION AND YOUR OWN RISK.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS FOR YOUR PERSONAL USE AND WITHOUT WARRANTY OF ANY KIND. SPECIFICALLY, WAVEDECK MAKES NO WARRANTY THAT THE SERVICES WILL BE PROVIDED TIMELY, UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL SATISFY YOUR REQUIREMENTS OR ARE FIT FOR ANY PARTICULAR PURPOSE, OR THAT ANY INFORMATION, DATA AND/ OR MESSAGES TRANSMITTED WILL BE ACCURATE OR COMPLETE. WAVEDECK EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, THE SERVICES AND APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WAVEDECK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
Some jurisdictions do not allow the disclaimer of warranty, so one or all of the foregoing limitations may not apply to you.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WAVEDECK OR ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE OR VIA APPLICATIONS OR SERVICES, BE LIABLE TO ANY USER OR ANY OTHER PERSON OR ENTITY FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, APPLICATIONS OR SERVICES, OR ANY INFORMATION CONTAINED THEREIN, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WAVEDECK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE THAT WAVEDECK SHALL NOT BEAR ANY LIABILITY WITH RESPECT TO THE CONTENT OF ANY MESSAGES RECEIVED BY YOU USING THE WAVEDECK APP, INCLUDING WITHOUT LIMITATIONS IN THE EVENT SUCH CONTENT IS INDECENT, DEFAMATORY, OBJECTIONABLE, INACCURATE OR VIOLATES YOUR PRIVACY, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT APPLICABLE LAW IS INCONSISTENT WITH A PRECLUSION OF SUCH CLAIMS YOU AGREE THAT WAVEDECK'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You acknowledge that Wavedeck undertakes no obligation to update, service or repair any Application or Service.
Wavedeck may from time to time update, modify or replace this Agreement, in whole or in part and at its discretion, without any obligation to provide you prior notice thereof. You acknowledge that you shall be responsible for keeping updated on applicable changes to this Agreement and such changes shall apply to the Services, and you shall be bound by them, if you continue to use the Services following the posting of such changes.
This Agreement, or any right or obligations thereunder, may not be transferred or assigned by you. Wavedeck may assign or delegate any of the terms of this Agreement to any person or entity at any time without your consent.
By using the Services, you represent and warrant that you are not located in any country that is subject to a U.S. government embargo or that has been designated by the U.S. as a "terrorist supporting" country, and that you are not on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons or Entity List or otherwise prohibited from receiving products or services of U.S. origin.
You also agree that you will not use Applications or Services for any purposes prohibited by local, state, national, or international law, including the law of the state in which you reside or in which you are domiciled (including without limitations any applicable export restrictions). You understand and agree that you are solely responsible for being aware of and abiding by the laws of your jurisdiction and following them accordingly.
If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to the terms of this Agreement.
You agree to defend, indemnify and hold harmless Wavedeck, its affiliates, shareholders, officers, directors, employees, agents and successors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; and/or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive termination of your use of any Application or Service.
This Agreement and any access to or use of the Services will be exclusively governed by the laws of the British Virgin Islands, without reference to its choice of law rules.
Any disputes that may arise concerning the formation, interpretation or performance of this Agreement, which are not amicably resolved, shall be exclusively decided by a court of competent jurisdiction in the British Virgin Islands.
YOU AGREE THAT ANY CLAIM WITH RESPECT TO A CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR FROM THE TIME SUCH CAUSE OF ACTION ACCRUED. ANY LATER FILING SHALL BE PERMANENTLY BARRED.
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.