TERMS OF SERVICE

Dear Wavemod User,

Thank you for visiting wavemod.com (the “Site”), a website owned and operated by Wavemod, LLC (“Wavemod”). These Terms of Service (“Terms”) describe the rules that must be obeyed by any person who establishes a connection for access to and use of the Site (“User” or “you”).

1. Accepting the Terms

By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. You may not use Wavemod’s services if you do not agree to the Terms.

2. Changes to the Terms of Service

Wavemod is constantly innovating in order to provide the best possible experience for its users. Wavemod has the right to modify or discontinue any feature or aspect of the Site at any time. Wavemod also has the right to change the Terms governing any User’s use of this Site at any time. The change in the Terms will be effective immediately upon posting the changes to this Terms page or elsewhere on the Site. Any use subsequent to these changes shall be deemed to constitute acceptance by the User of such modifications, additions, or deletions.

IF YOU DO NOT AGREE WITH THE MODIFIED TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SITE.

3. Rates and Terms of Use

Wavemod is an automated music mastering service. A user uploads content, and Wavemod’s system masters the tracks and allows users to download them or re-master them as many times as they like. User agrees to pay $1.69 per minute of audio to master with Wavemod. A minimum charge of $1.69 applies to every upload, regardless of size or duration. You are required to create an account in order to use Wavemod. User maintains full ownership of all content that is uploaded but grants to Wavemod a limited license to manipulate the content in order to master or remaster it and as otherwise set forth herein.

4. User Passwords and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account. You agree that you will be solely responsible for all activities that occur under your account. Although Wavemod will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Wavemod or others due to such unauthorized use. If you become aware of any unauthorized use of your password or of your account, you agree to notify Wavemod immediately at support@wavemod.com and understand that you may responsible for defense and indemnity obligations hereunder.

5. Offer Purchase and Redemption

From time to time, Wavemod may offer promotions through its affiliates or other merchants. Redemption of merchant offers and/or promotion is subject to the limitations and rules set by the respective merchants, and such merchant certificates may not be available for use and redemption by individuals located outside the United States.

6. Electronic Communications

Wavemod will generally communicate with its Users by electronic means, such as e-mail. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Privacy

Privacy is something we take very seriously at Wavemod. Wavemod.com is a completely private website. All files you upload to Wavemod are accessible only by you and our staff. User authorizes Wavemod personnel to access and review its files in Wavemod’s sole discretion without compensation or consideration to User. User hereby grants Wavemod personnel a non-exclusive license to use any portion of User’s files uploaded to Wavemod solely for promotional purposes on Wavemod’s website or other mediums without compensation or consideration to User.

Wavemod.com is a completely private website, but uses cookies to track user information and provide analytics. Wavemod’s cookies are necessary to keep users logged in and obtain data through Google Analytics and Facebook. User expressly consents to the use of these cookies as well as any other cookies Wavemod may elect to use from time to time in its sole discretion.

Wavemod may collect personal information from time to time, including your email address, billing information, and your name. User agrees that Wavemod may share its personal information with payment processing services, as Wavemod may designate from time to time, for the sole purpose of obtaining payment by User. At this time, Wavemod uses Paypal as a third-party payment processor. User authorizes Wavemod’s payment processor(s) to collect User’s payment information solely for the purposes of transacting business with Wavemod and understands that User will be subject to different terms and conditions for the use of those services. Wavemod will delete all User-uploaded content after approximately six months.

WAVEMOD MAKES NO REPRESENTATIONS OR WARRANTIES TO USER REGARDING PRESERVATION OF DATA. USER ACKNOWLEDGES AND UNDERSTANDS THAT THERE ARE CERTAIN RISKS ATTENDANT WITH ONLINE DATA STORAGE AND BACKUP. USER HEREBY WAIVES ALL CLAIMS AGAINST WAVEMOD FOR ACCIDENTAL DELETION OF ANY USER-UPLOADED CONTENT.

For questions or concerns, contact support@wavemod.com.

8. Linked Sites

The Site and electronic communication may contain certain links to third parties’ Web Sites (“Linked Sites”) from the Site. Linked Sites are not reviewed, controlled, or examined by Wavemod and Wavemod is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Wavemod’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon.

IN NO EVENT SHALL WAVEMOD BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY THE CREATION OR USE OF THE LINKED SITES OR THE INFORMATION OR MATERIAL ACCESSED-THROUGH THESE LINKED SITES AND USER SPECIFICALLY WAIVES ALL CLAIMS FOR THE SAME.

You should direct any concerns to the Linked Sites’ administrator or webmaster. Wavemod reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.

THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Permission must be granted by Wavemod for any type of link to the Site or any Wavemod content. To seek permission, you may write to Wavemod. We reserve the right, however, to rescind any permission granted by us to link to the Site through any type of link, and to require termination of any such link to the Site, at our discretion at any time.

9. Lawful Use

User shall not use this site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) that violates or infringes upon the rights of others in any way, including copyright infringement, (iii) that encourages others to commit unlawful acts, (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior approval from Wavemod, (v) that inhibits other users from using or enjoying the Site.

USER EXPRESSLY AGREES TO DEFEND, WITH COUNSEL OF WAVEMOD’S CHOOSING, AND INDEMNIFY WAVEMOD FOR ANY COSTS AND FEES, INCLUDING ATTORNEYS’ FEES, INCLUDING THOSE ASSOCIATED WITH ANY ARBITRATION, LITIGATION, OR ANY OTHER ACTION, JUDICIAL OR QUASI-JUDICIAL PROCEEDING, ARISING FROM AND/OR OCCASIONED BY USER’S UNLAWFUL USE OF THE SITE IN CONTRAVENTION OF THIS SECTION 10. SUCH OBLIGATION IS TRIGGERED IMMEDIATELY UPON PROVIDING OF NOTICE OF CLAIM TO USER.

10. Wavemod’s Property

All content and software on the Site is the property of Wavemod, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute, license, or create derivative works based on Wavemod’s content (either in whole or in part) unless you have received specific permission to do so in a separate agreement from Wavemod or by the owners of the content. Unauthorized use of any content displayed by Wavemod is a violation of United States and international copyright laws and violates Section 10 of this agreement, subjecting User to the terms set forth therein.

11. Disclaimers and Limitation of Liability

WAVEMOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR TO THE CONTENT, INFORMATION, PRODUCTS, OR SERVICES FEATURED ON THE SITE. WE PROVIDE THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.

User agrees to use this site at User’s own risk. User expressly understands and agrees that Wavemod, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing Wavemod content will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WAVEMOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE. WAVEMOD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, AND THE LIKE IN CONNECTION WITH OR RELATED TO THE USE OF THE SITE AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THEREIN. WAVEMOD DOES NOT WARRANT THAT THIS SITE, SERVERS, OR EMAILS SENT FROM THE SITE ARE FREE OF HARMFUL COMPONENTS, SUCH AS VIRUSES.

NEITHER WAVEMOD, NOR ANY THIRD PARTIES PROVIDING CONTENT OR SERVICES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM THIS. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

12. Indemnification

USER AGREES TO DEFEND, INDEMNIFY, AND HOLD WAVEMOD, ITS AFFILIATES, OFFICERS, SHAREHOLDERS, AGENTS, PARTNERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES), AND EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) USER’S BREACH OF THESE TERMS; AND/OR (2) USER’S ACTIVITIES IN CONNECTION WITH THE SITE AND/OR MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THEREIN. THIS INDEMNIFICATION OBLIGATION IS SEPARATE AND IN ADDITION TO THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10.

13. Governing Law and Jurisdiction

These Terms are governed by the United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of User and Wavemod in connection with the use of the Site, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof, and any matters or proceedings, shall take place in the State of Colorado, in the County of Denver.

14. Miscellaneous Provisions

a. The failure of Wavemod to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

b. The failure of Wavemod to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Wavemod shall not be deemed a breach of this agreement. If Wavemod fails to act with respect to a breach on any occasion, Wavemod is not waiving its right to act with respect to future or similar breaches.

c. The headings in these Terms are for convenience and reference. These headings do not limit or affect this agreement.

d. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

e. These Terms constitute a binding agreement between the User and Wavemod, and are accepted by the User upon use of the Site. This agreement constitutes the entire agreement between User and Wavemod regarding the use of the Site and the features therein. By using this Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.