Terms of Service
Wavo.me General Terms and Conditions:
1. User's Acknowledgment and Acceptance of Terms
Hello and welcome to Wavo.me’s Terms of Service!
These Terms of Service ("Terms") cover your use of and access to the sites, products, applications, and services (collectively, the "Services") provided by wavo.me, on the website and associated domains of www.wavo.me.
Please note if you are an EU Consumer, some of these provisions may not apply to you and you may be entitled to specific rights under the mandatory laws of the country in which you live.
We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.
2. Description of Services
Wavo is a company focused on advertising technology and services. Because Wavo provides a range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with these terms of service, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
3. Registration Data and Privacy
In order to access some of our services you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
By posting content or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through these services, you agree that:
(i) Restrictions on Use - you will not upload, share, post, or otherwise distribute or facilitate distribution of any content through the service that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
f. impersonates any person or entity, including any of our employees or representatives, or misleads other users as to your identity or the origin of any content or communication; or
g. is harmful to minors in any way; and
(ii) Grant of Rights - By submitting content to our advertising service or any other service provided by wavo.me, or engaging in any other form of communication through our service you agree that we may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the services and/or to respond to any legal requirement, claim or threat. If our use of such content exploits any proprietary rights you may have in such material, you agree that we have an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content that you share with the service, upload, transmit or display; that the content is accurate; that use of the content you supply does not violate third party rights or the terms and conditions of any agreement you may have with a third party, and will not cause injury to any person or entity. You also agree you will defend indemnify and hold harmless wavo.me Inc and its Affiliates, officers, directors, employees, partners, and agents, as applicable, for all claims resulting from content that you supply. You agree that any claim, loss or damage of any kind that occurs as a result of the use of any content that you upload, post, transmit, display or otherwise make available through your use of the services, including as a result of your use of a third party webservices or service provided through the services, is solely your responsibility.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the services may be available to you or other authorized users of the services. You shall not interfere with anyone else’s use and enjoyment of the services or other similar services. Users who violate systems or network security may incur criminal or civil liability.
5. Third Party services and Information
6. Intellectual Property Information
Copyright (c) September 1st, 2011 wavo.me Inc. All Rights Reserved.
Neither we nor our Affiliates warrant or represent that your use of content displayed on, or obtained through, these services will not infringe the rights of third parties. See "Unauthorized Use of Content " below for a description of the procedures to be followed in the event that any party believes that content posted on these services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
7. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of these services believes its copyright, trademark or other property rights have been infringed by a posting on these services, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Conor Clarke
Address: 320-3414 Av du Parc, Montreal, QC H2X 2H5
Phone: 514 531 2766
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our services without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE services FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERIVE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THESE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THESE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through these services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of these services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the content and services available on these services are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THESE SERVICES OR OF ANY WEB services REFERENCED OR LINKED TO FROM THESE SERVICES,
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THESE SERVICES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THESE SERVICES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON DAMAGES AVAILABLE AT LAW OR IN EQUITY IN SUCH PARTICULAR CIRCUMSTANCE.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates, officers, directors, employees and agents harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of these services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, these services may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on these services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. International Use
Although these services may be accessible worldwide, we make no representation that materials on these services are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with these services is void where prohibited.
14. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on these services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or these services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
15. Governing Law
These services (excluding any linked service) is controlled by us from our offices within Quebec, Canada. It can be accessed from all 10 provinces and 3 territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Quebec, by accessing these services both of us agree that the statutes and laws of the Province of Quebec, and the federal laws of Canada applicable therein, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of these services and the purchase of products and services available through these services. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within Quebec with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at wavo.me Inc 320- 3414 Av du Parc, Montreal, QC H2X 2H5
Montreal, Canada if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the services to inform you of changes to the services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
17. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of these services, or use of or access to these services.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
19. Contact Information
Advertising terms: These terms outline the policies that apply to advertising with Wavo.
These terms were last updated May 14, 2018