These Waverline Website Terms of Use (“Unpose Media Terms” or “Terms”) govern Your use of Waverline.com(“Waverline.com” or the “Waverline Website”), operated by Unpose Media Media and its affiliates(“Unpose Media” or “we”). Waverline.com is a website through which individuals or businesses may order audio and visual content production Services. By using the Waverline Website, you agree to these Unpose Media Terms.
The Waverline Website is freely accessible for individuals and businesses (“You”). If You intend to use the Waverline Website on behalf of Your employer, a business or other legal entity, then all references to You are also references to such business, and said employer, business, or legal entity is bound by these Terms.
Please read these Terms carefully.
THE WAVERLINE WEBSITE
All orders of Services and Deliverables via the Waverline Website are governed by these Terms, as well as any other agreement between You and Unpose Media.
Ordering Services on the Waverline Website
The Waverline Website allows Clients to order Services and Deliverables from Unpose Media. When You place an Order, You will be asked to agree to additional terms that will govern Your use of such services. When Deliverables are ready for You, they may be accessed via the Waverline Website, unless otherwise agreed by the Parties.
CONTENT
UNPOSE MEDIA CONTENT
Unpose Media may make available for Your use materials such as guidelines, and/or other documentation. We (and, in some cases, our licensors) own all rights to such materials. Unless expressly permitted elsewhere, You are not authorized to copy, publish, and/or display such materials.
THIRD PARTY CONTENT
You may encounter third party content on the Waverline Website, Client information, guidelines, and/or other documentation. Such content belongs to third parties, and we are not responsible for its content, continuity and/or availability. In addition, You are not permitted to use such third-party content unless You receive permission from the owner of such third-party content.
RESTRICTIONS
By using the Waverline Website, You agree to comply with all laws, rules and regulations, whether federal, state, local or provincial, applicable to Your use of the Unpose Media Wesbite, and to any content You transmit to and/or through the Waverline Website, including, without limitation, copyright laws and data protection laws and/or regulations.
Regarding Your content, you may not:
- transmit or share content that contains child sexual abuse imagery or constitutes hate speech;
- transmit obscene, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, defamatory, libelous, slanderous, or otherwise unlawful materials;
- transmit materials that advocate or promote racism, violence or hatred;
- impersonate a person or entity, or falsely claim affiliation with any person or entity;
Regarding Your use of Waverline.com, you may not:
- remove or alter any copyright, trademark, confidentiality or other proprietary notices, designations, or marks;
- access (or attempt to access) any non-public areas of the Waverline Website;
- interfere with any access or use restrictions, or prevent (or attempt to prevent) another user from accessing or using the Waverline Website, or disrupt the Waverline Website;
- use any robot, spider, or other automated means to access or scan the Waverline Website, frame or mirror any part of Unpose Media Wesbite and/or Services, or create a competitive business to Unpose Media Services;
- use any data mining or data gathering or extraction methods, or otherwise collect information about the Waverline Website, and/or its visitors and/or users;
- collect or store personal information about any person or entity;
- send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose;
- attempt to probe, scan, compromise or test the vulnerability of the Waverline Website, system or network or breach any security or authentication;
- reverse engineer or decompile any (part) of the Waverline Website;
- decompile, disassemble or reverse engineer, or determine any source code, algorithms, methods, or techniques of the Waverline Website;
- resell, sublicence, rent, lease, offer or otherwise commercialize any Unpose Media Service, offering, product and/or feature ;
- use the Waverline Website for any illegal or unauthorized purpose.
COPYRIGHT COMPLAINTS
Unpose Media follows all applicable copyright laws and takes copyright infringement extremely seriously. Unpose Media will process copyright complaints submitted to us under applicable copyright legislation at [email protected]. When sending a complaint, please provide the following information:
- Your contact details, including Your full name, address, phone number, and email address;
- Identification of the applicable copyrighted work and its location on Waverline Website (a link to the photograph, for example);
- A statement attesting that You believe in good faith that use of the copyrighted work You have identified is not authorised (whether by the owner, the owner’s agent, or the law); and
- any further information required to process Your complaint, and/or any further information required by the applicable law under which You are making Your complaint.
We will respond to complaints in the order we receive them. Sending multiple complaints will not accelerate the process. Please note that information concerning the complaint, including Your full name, email, address, and other information, will be forwarded to the user implicated in the complaint. If You would prefer that Your information is not disclosed, You may appoint an agent to file the complaint on Your behalf.
PRIVACY
Your use of the Waverline Website is governed by our Privacy Policy, which is available at www.waverline.com/confidentialite/ (“Privacy Policy”), and which is hereby incorporated by reference in its entirety.
DISACTIVATION, TERMINATION
If You are a Client who has placed an Order on the Waverline Website pursuant to the Terms and Conditions, has otherwise agreed to the Terms and Conditions, or has entered into an agreement for Services with Unpose Media, deactivation of Your User Account will not terminate the Terms and Conditions, or other agreement with Unpose Media. In the event that You disactivate Your account, Unpose Media Media will not be responsible for the continued storage and/or subsequent loss of any information, conent or media on Your account.
We may suspend Your access to Your User Account and all the rights granted to You under these Terms if You have repeatedly failed to make applicable payment(s) for an Order when due, or if an applicable payment for an Order is overdue. If we suspend your User Account because of failure to make payment, You will not be entitled to any kind of reimbursement or refund.
We may terminate Your user account and all the rights granted to You under these Terms if, in our sole discretion, or we deem such termination to be in the best interest of Unpose Media Media. In such an event, we may, without any liability to You, delete Your User Account and all information and content associated with it. If we terminate Your User Account because You have failed to comply with Unpose Media Terms, You will not be entitled to any kind of reimbursement or refund.
THIRD PARTY SERVICES
The Waverline Website incorporates services and features provided by third parties. In some cases, such third parties may not be identified. You acknowledge and agree that (A) any and all third party services offered on or used in connection with the Waverline Website are subject to the respective third party’s terms of use and/or policies, (B) Unpose Media Media is not responsible for any such third party services and/or policies, and (C) Unpose Media may share Your data with such third parties in order to utilize their services, which we will do solely pursuant to our Privacy Policy.
NON-AVAILABILITY
Waverline.com’s offerings, products, and features are constantly being developed and improved. As a result, and in Unpose Media’s sole discretion, some features (whether or not identified as beta) may be modified, temporarily removed, and/or discontinued. We are not liable to You in the event any offering, product and/or feature on the Waverline Website becomes temporarily or permanently unavailable.
LIMITATION OF LIABILITY
THE WAVERLINE WEBSITE IS PROVIDED ENTIRELY “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNPOSE MEDIA DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT). UNPOSE MEDIA DOES NOT WARRANT THAT THE OPERATION OF THE WAVERLINE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT ANY ERRORS OR FAILURES WILL BE CORRECTED. UNPOSE MEDIA IS NOT RESPONSIBLE OR LIABLE FOR THE LOSS OF OR DAMAGE TO YOUR CONTENT, OR THE IMPACT THAT ANY PROBLEMS YOU ENCOUNTER ON THE WAVERLINE WEBSITE MAY HAVE ON YOUR RELATIONSHIP WITH YOUR CLIENTS. YOU USE THE WAVERLINE WEBSITE AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS, INCLUDING LOCAL RULES REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, (1) IN NO EVENT WILL UNPOSE MEDIA BE LIABLE TO YOU FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL UNPOSE MEDIA BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF; AND (2) THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF UNPOSE MEDIA FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS, HOWEVER CAUSED, ARISING FROM OR IN RELATION TO THE UNPOSE WEBISTE(S) WILL NOT EXCEED €500 OR THE AMOUNT YOU PAID TO UNPOSE MEDIA FORUNPOSE MEDIA SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
RESERVED RIGHTS
We reserve all rights not expressly granted to You in these Terms. For the avoidance of doubt, Your access is to Waverline Website through which You may order Services and access Deliverables, and we do not grant You any license to our software, trademarks, trade names, or logos.
MISCELLANEOUS
GOVERNING LAW
Unpose Media Terms are governed by the laws of France. You agree to the non-exclusive jurisdiction of the commercial court of Lyon in Lyon, France, for any action or proceeding arising out of or related to Unpose Media Terms. Any disputes arising under or in connection with Unpose Media Terms (including any of the policies referred to herein) and/or in connection with the Waverline Website shall be governed by and construed in accordance with the laws of the France, without regard to its conflict of law provisions. Specifically excluded from application to Unpose Media Terms is the United Nations Convention on the International Sale of Goods.
UNPOSE MEDIA COMMUNICATIONS
Unpose Media may contact You regarding your Your Orders and/or important changes to these Terms via the email address You provided.
CHANGES
Unpose Media may make changes or updates to Unpose Media Terms at any time, in its sole discretion, and such amended Unpose Media Terms will go into effect once posted on Waverline.com. Your continued use of the Waverline Website after the such time will be deemed an acceptance of the changes. If the changes we make are material, we will notify You through reasonable means (for example, by posting a notice of the change on Waverline.com, or by sending a notice to Your email address). If You do not accept the amended Unpose Media Terms, You may discontinue Your use of Waverline.com.
WAIVER
Except as expressly provided herein, a party may waive its rights under Unpose Media Terms only by a written document executed by both parties. Any failure or delay to enforce any provision of Unpose Media Terms will not constitute a waiver thereof or of any other provision hereof.
SECTION HEADINGS
The rights You grant to Unpose Media under Unpose Media Terms will remain in effect even if You stop using Waverline Website(s).
ENFORCEABILITY
If for any reason a court of competent jurisdiction finds any provision of Unpose Media Terms (or any portion thereof) to be unenforceable, that provision (or any such portion) will be enforced to the maximum extent permissible so as to effect the intent of Unpose Media Terms, and the remainder of Unpose Media Terms will continue in full force and effect.
ASSIGNMENT
You may not assign or delegate Unpose Media Terms or any of Your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that Unpose Media may assign or sub-contract any of its rights or obligations under Unpose Media Terms.
ENTIRE AGREEMENT
Unpose Media Terms contain the entire agreement between You and Unpose Media with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us with respect to Waverline.com. In the event of any conflict or inconsistency between any of the terms and conditions of Unpose Media Terms and any third-party terms and conditions for services that are integrated with the Waverline Website, Unpose Media Terms will control with regard to Your use of the Waverline Website. In the event of a conflict between Unpose Media Terms and the Privacy Policy, the Privacy Policy will control, solely to the extent of such conflict.