Effective Date: January 15, 2023
Wavelino, which stands for "Platform," "company,"
"our," or
"we," warmly welcomes you. We are grateful that you downloaded our app or
used our
website.
Wavelino and each registered or unregistered user (each, a "User,"
"you" or
"your") of the Wavelino website and/or the Wavelino mobile application
(the
"App," and collectively with the Site and all services provided therein,
the
"Platform"), are bound by these terms of service and any other policies
incorporated
by reference. You are considered to have read, accepted, executed, and agreed to be
bound by
these Terms of Service by accessing and using the Platform and/or creating a
registered User
account on the Platform (an "Account"). Please take the time to read the
Terms
carefully as they constitute an agreement between you and us that is enforceable
under the law.
These Terms of Service and any additional Terms of Service that may apply to such
additional
versions, tools, services, functionalities, or features will apply to any new
versions of the
Platform or tools, services, functionalities, or features introduced by Company.
Accepting the Terms
- You affirm that you are able to enter into a legally binding agreement with
Wavelino, that
you accept these terms, and that you will comply with them by accessing or using
our
services. The terms of our privacy policy and community guidelines, which can be
found
directly on the platform or, if the platform is made available for download, on
the relevant
app store for your mobile device, are incorporated by reference into this
document when you
access or use our services. By using the services, you agree to the Privacy
Policy's
terms.
- If you are accessing or using the Services on behalf of a business or other
entity, then (a)
"you" and "your" refer to both you and that business or
other entity;
(b) you represent and warrant that you are an authorised representative of the
business or
other entity with the authority to bind the entity to these Terms; and (c) your
business or
other entity is legally and financially responsible for your access or use of
the Services
as well as for the access or use of your account by others affiliated with your
entity.
- You agree that from that point on, your use of the services or access to them
will be
considered your acceptance of the terms.
Aterations to the Terms
When we update the functionality of our Services, combine multiple apps or services
operated by
us or our affiliates into a single app or service, or when regulatory changes occur,
we may
modify these Terms from time to time. Any significant changes to these Terms will be
communicated to all users in a manner that is commercially reasonable, such as by
posting a
notice on our platform; However, you should check the Terms frequently for such
modifications.
Additionally, we will update the "Effective Date" date at the top of these
Terms to
reflect their effective date. You agree to the new terms if you continue to use or
access the
services after the date of the new terms. You must stop accessing or using the
services if you
do not accept the new terms.
Account for User
- Each user will need to sign up for an account and create one in order to use all
of the
platform's tools, services, functions, and/or features. You agree that you
will only be
the authorized user of one (one) account and that you will create only one (1)
account.
Users will be required to provide certain information during the registration
process, such
as their name, email address, phone number, birthday, profile name, picture,
etc. and to
generate a password for the Account (collectively, "Registration
Data") You agree
that the registration information you provide to the business will always be
true, accurate,
up-to-date, and complete. You agree to promptly complete any additional or
modified
information fields that Company may request when creating an account. Company
reserves the
right to modify or add to the Registration Data information fields at any time.
- It is critical that you keep your account password a secret and never reveal it
to anyone
else. You must immediately change your password and notify us at
info@wavelino.com if you
know or suspect that a third party knows your password or has accessed your
account.
- You agree that you are solely accountable for all activities under your account,
both to you
and to others. You must provide accurate information about yourself when
creating an
account, and you can only use one account for personal use.
- Any activity on your account that, in our sole discretion, would or might cause
damage to or
impair the Services, infringe or violate any third-party rights, or violate any
applicable
laws or regulations will result in your user account being disabled, and we
reserve the
right to remove or disable any content you upload or share at any time.
- We adhere to the high standards of data protection and security required by the
Information
Technology Act of 2000 and the Rules thereunder for all information pertaining
to your
account because we take the protection of your privacy very seriously. For more
information,
please refer to our privacy policy here. policy on privacy
- We can take care of this for you if you no longer want to use our services and
want your
account deleted. Please get in touch with us at info@wavelino.com, and we will
assist you
further and walk you through the procedure. You will not be able to reactivate
your account
or retrieve any of the content or information you have added after you choose to
delete it.
Utilization of Our Services and Access
These terms, as well as any and all laws and regulations that may be in effect,
govern your use
of the services and access to them.
- If you are not fully able or legally competent to accept these terms, you may
not access or
use our platform's services.
- During your use of our platform's services, you agree not to engage in any
illegal,
deceptive, discriminatory, or fraudulent activity.
- You agree not to copy, modify, adapt, translate, reverse engineer, disassemble,
decompile,
or create any derivative works of the services or the content of our Platform
that is
included therein, including any files, tables, or documentation (or any portion
thereof), or
to identify or attempt to identify any source code, algorithms, methods, or
techniques
embodied by the Services or any derivative works thereof.
- You agree not to sell, license, transfer, or distribute the Services or any of
their
derivative works in whole or in part;
- Without our express written consent, you may not use the Services for any
commercial or
unapproved purpose, such as sending or facilitating commercial advertisements,
solicitations, or spam;
- The services, in whole or in part, cannot be incorporated into any other
software or
product. If this occurs, we reserve the right, at our sole discretion, to deny
service,
close accounts, or restrict access to the Services;
- You agree not to intimidate, harass, or promote sexually explicit content,
violence, or
discrimination based on age, disability, sexual orientation, race, sex,
religion, or
nationality;
- You agree not to use or attempt to use another user's account, service, or
system
without Wavelino's or that user's permission, nor to use the Platform
under a false
identity.
- Uploading, transmitting, distributing, storing, or making available any other
content,
including but not limited to: files containing malicious or technologically
harmful
materials, such as logic bombs, trojan horses, and viruses; any unsolicited or
unapproved
advertisements, solicitations, or promotional materials, as well as any other
form of
solicitation that is prohibited; any private information of a third party, such
as an
individual's email address, phone number, or feature on a personal identity
document
(such as a passport or National Insurance number); any content that violates or
may violate
another person's copyright, trademark, intellectual property, or privacy
rights; any
content that is obscene, offensive, defamatory, pornographic, hateful, or
inflammatory; any
material that would constitute, promote, or instruct in the commission of a
criminal
offense, dangerous behavior, or self-harm; any content that is intended to
harass, harm,
hurt, distress, embarrass, or upset people, especially trolling and bullying;
any content
that is designed to provoke or antagonize people; any content that poses any
kind of threat,
including threats of physical violence; any content that is racially or sexually
sexist,
including discrimination based on race, religion, age, gender, disability, or
sexual
orientation.
We reserve the right to remove or restrict access to content for any reason at any
time and
without prior notice. Finding the content objectionable, in violation of these Terms
or our
Community Guidelines, or otherwise harmful to the Services or our users are some of
the reasons
we may remove or disable access to it.
Rights in Intellectual Property
- You agree that you will not use the services to violate any intellectual
property rights as
a condition of your access to and use of the services. Any user who violates or
is alleged
to violate copyrights or other intellectual property rights may have their
accounts
suspended or terminated at any time, with or without notice, at our sole
discretion. Our
comprehensive Intellectual Property Rights Policy can be found here: Policy
on
Intellectual Property Rights
- In addition, Wavelino owns all legal rights, titles, interests, and intellectual
property in
the platform and the services, regardless of whether those rights are registered
or not, and
you are not permitted to use any of Wavelino's trade names, trademarks,
service marks,
logos, domain names, or other distinctive brand features without our express and
prior
written consent.
Content by Users
- You can upload certain user content as a platform user, such as audios, sound
recordings,
images, wallpapers, videos, clips, quotes, memes, messages, and comments, among
other
things. Your Account profile name or login identifier will be linked to or
appear alongside
all such publicly available User Content, and you agree that your User Content
may be made
publicly available to other Platform Users. You must not upload or transmit any
User Content
to us that you consider to be confidential or proprietary because all User
Content will be
treated as non-confidential and non-proprietary. Our Privacy Policy governs all
uploaded
User Content to the Platform.
- Please get in touch with us as soon as possible if you think someone else has
accessed your
username, password, or identity without your permission so that we can work
together to
minimize the damage. You acknowledge and agree that Wavelino is not responsible
for the
provision of any other social media account or service you use, such as Facebook
through
Facebook Connect, if the Services interact with them.
- Any User Content that you upload to the Platform retains all of your ownership
rights,
including all copyrights and other intellectual property rights associated with
or contained
therein; provided that you grant Company and its affiliates, successors,
licensees, and
assigns a worldwide, perpetual, royalty-free, transferrable, assignable,
sub-licensable
(through multiple tiers) right and license to use, copy, reproduce, display,
distribute,
publish, modify, adapt, make derivative works of, make collective works with,
translate, and
otherwise exploit (i) User Content (including all copyrights and other
intellectual property
rights related thereto or contained therein), your name, image
- In accordance with the service and these terms of service, you also grant any
other users
access to, display, view, store, and reproduce such content for personal use.
- To make things clear, the User Content License that we have been granted
encompasses our
ability to sublicense to other Platform Users and allow them to use your User
Content in
connection with any and all tools, services, functionalities, and/or features
that are made
available from time to time, subject to these Terms of Service.
- You warrant and represent to the Company that: i) You are the sole and exclusive
owner of
all User Content that you upload to the Platform on your own behalf or on your
behalf; or
that you have obtained from the relevant third-party owner all licenses,
consents, releases,
and other permissions required to grant Company the User Content License granted
hereunder;
If you only own the rights to a sound recording but not the underlying musical
works
embodied in such sound recordings, you must not post such sound recordings to
the Services
unless you have all permissions, clearances, or are authorized by the owner of
any part of
the content to submit it to the Services. and (ii) the Company's and/or any
other
user's or sub-licensee's use of the User Content as permitted hereunder
does not and
will not violate any applicable laws or the rights of any.
- Any user content or communications posted through the Platform, as well as the
opinions
expressed therein, are not supported, endorsed, or guaranteed by the company.
You are aware
that using the services may expose you to content that is harmful, inaccurate,
offensive, or
otherwise inappropriate, as well as postings that have been mislabeled or are
otherwise
misleading. It is entirely at your own risk to use or rely on any User Content
or materials
posted on the Platform or obtained by you through the Platform.
- Rules for Recording Artists and Musical Works : If
you have
assigned your rights to a music publisher, you must either get that
publisher's
permission to grant the royalty-free licenses outlined in these Terms
for your User
Content yourself or have that publisher sign these Terms with us. The
fact that you
wrote a musical work, like a song, does not mean that you are entitled
to grant us
the licenses outlined in these Terms. You are solely responsible for
ensuring that
your use of the services complies with any contractual obligations you
may have to
your record label if you are a recording artist with a contract.
- Rights to User Content Are Waived: You waive any rights
to prior
inspection or approval of any marketing or promotional materials related
to user
content by posting it to or through the service. In addition, in
relation to all or
a portion of your user content, you waive any and all privacy,
publicity, or other
similar rights. You hereby waive and agree not to ever assert any moral
rights you
may have in any User Content you post to or access through the Service,
or to
support, maintain, or permit any action based on any moral rights you
may have. This
includes moral rights that cannot be assigned or transferred.
- Additionally, we reserve the right to reveal your identity to any third party
who asserts
that any User Content you upload or post to our Services infringes on their
intellectual
property rights or privacy.
- At our or their sole discretion, we or authorized third parties reserve the
right to remove,
alter, or refuse to publish your content. If we believe your post does not
adhere to the
content standards outlined in “Access to and Use of Our Services”
above, we
reserve the right to remove, disallow, block, or delete it. In addition, in our
sole
discretion, we may remove, disallow, block, or delete any User Content (i) that
we believe
violates these Terms or (ii) in response to complaints from other users or third
parties,
with or without prior notice and without incurring any liability to Wavelino.
However, we
are not obligated to do so. In order to guarantee that you will always have
access to copies
of any User Content that you post to the Services, we advise that you save
copies of that
User Content on one or more of your personal devices. We are not responsible for
any user
content and make no representations regarding their accuracy, integrity,
appropriateness, or
quality.
- Please review our infringement and takedown policy here and learn how to get in
touch with
us if you wish to make a complaint about content uploaded by other users that
you believe is
objectionable, illegal, or in violation of your privacy rights: Policy on
Dismantling
- Wavelino takes reasonable steps to remove any infringing content as soon as we
discover it
from our platform. Users of the Services who repeatedly violate the copyrights
or
intellectual property rights of others may have their accounts disabled or
terminated at our
discretion and in appropriate circumstances.
Sponsorships and advertising on the Platform
Sponsorships and advertising might be included on the platform. It is the
responsibility of
advertisers and sponsors to ensure that content submitted for inclusion on the
platform complies
with applicable laws and is accurate. Wavelino will not be held accountable for the
illegality,
errors, or omissions of advertisers and sponsors, as well as for the materials they
provide.
Indemnification
You agree to indemnify, defend, and hold harmless Wavelino, its parent companies,
subsidiaries,
and affiliates, as well as their respective directors, officers, employees, content
partners,
vendors, third-party licensors, distributors, advertisers, and other contracting
parties, as
well as their respective directors, officers, employees, successors, assigns,
consultants, and
other agents, from and against any and all losses, liabilities, damages, costs, and
expenses
(including reasonable attorney's fees and costs)
- Your use of the Platform, or your inability to use it
- any breach of your obligations under these Terms of Service, including but not
limited to
- any User Content or Registration Data you post to the Platform
- You have broken any law or regulation that applies to you
- your violation of a third-party right, such as an intellectual property right,
among others.
Absence of Guarantees
These terms have no bearing on any legal rights to which you are legally always
entitled as a
consumer and to which you cannot contractually agree to alter or waive. We give you
the services
"as is," and we don't promise or guarantee anything about them.
Particularly, we
do not guarantee or represent that:
- Your requirements will be met by using the services;
- You can expect uninterrupted, timely, secure, and error-free use of the
services;
- When you use the services, any information you get will be accurate and
reliable;
Additionally, any software that is provided to you as part of the services will
have any
malfunctions fixed.
Except to the extent that they are explicitly stated in the terms, the services are
free from any
conditions, warranties, or other terms—including any implied terms regarding
satisfactory
quality, fitness for purpose, or conformance with description. For business and
operational
reasons, we reserve the right to modify, suspend, withdraw, or restrict the
availability of all
or a portion of our platform at any time and without notice.
Restrictions on Liability
- Wavelino will only provide the platform to you if you agree to certain
restrictions on our
liability to you and third parties, as you acknowledge and agree. As a result,
you agree not
to hold Wavelino, its affiliates, licensees, partners in promotions, or any of
their
employees, agents, directors, or corporate partners responsible for any damages,
lawsuits,
or disputes that have arisen or may arise as a result of your or any other
party's use
of or inability to use the Platform, including but not limited to those arising
from the
conduct, act, or omission of any user. YOUR FAILURE TO PROVIDE US WITH CURRENT
INFORMATION
ABOUT YOUR ACCOUNT; or your failure to keep your account information and
password
confidential.
- We will not be held responsible for:
- any profit loss, regardless of whether it was directly or indirectly
caused
- any goodwill loss
- any opportunity lost
- Any data loss that you experience
- Any indirect or consequential losses that you may sustain
- Please be aware that our platform is only available for private and domestic
use. You agree
that you will not use our platform for commercial or business purposes, and we
will not be
liable to you for any loss of profit, business, goodwill, or reputation,
business
interruption, or business opportunity.
Third Party Disputes
You irrevocably release the Wavelino Parties from any and all claims, demands, and
damages
(actual and consequential) of every kind and nature, known and unknown, arising out
of or in any
way connected with any such disputes, to the fullest extent permitted by law,
relating to any
dispute you have with any third party arising out of your use of the Service,
including, but not
limited to, any carrier, copyright owner, or other user.
Limit on Age
The Services are only available to individuals over the age of 13 (with possibly
additional
jurisdiction-specific restrictions). If you are under the age of 13, you are not
permitted to
use the services, create an account, or provide account information. By using the
services, you
warrant that you are of legal age to do so. We reserve the right to cancel a
user's account
if we discover that they are using the services while under the applicable age
limit.
Links
You are allowed to link to our home page as long as you do so in a fair and legal
manner and do
not harm or take advantage of our reputation. When you create a link, you must not
do so in a
way that implies our association, approval, or endorsement in any way when none
exists. The
content guidelines outlined in the section titled "Your Access to and Use of
Our
Services" above must be adhered to by the website to which you are linking in
every way.
Without prior notice, we reserve the right to revoke permission for linking.
External Sites
There may be links to or the capability to share information with third-party
websites (referred
to as "External Sites") within the Service. Wavelino has no affiliation
with any
external websites or the content they provide. All external websites and their
content are
created and provided by third parties. If you have any concerns about the content on
those
external websites, you should get in touch with the site administrator or webmaster.
Wavelino
makes no representations regarding the content or accuracy of any materials on
external websites
and is not accountable for their content. When downloading files from any website,
you should
take precautions to safeguard your computer and mobile devices from viruses and
other harmful
programs. You do so entirely at your own risk whenever you decide to access, acquire
content
from, or subscribe to services provided by external websites. You acknowledge and
agree that
Wavelino shall not be liable to you for any use, engagement, exposure to, or
interaction with
any external websites.
Complete Agreement
Your use of the Services is governed by these Terms and our other policies, which
replace any
prior agreements between you and Wavelino regarding the Services. Together, they
constitute the
entire legal agreement between you and Wavelino.
Applicable Law and Jurisdiction
The laws of India govern these terms, as well as their content and structure.
Dispute Resolution
You agree that, regardless of whether a claim arises during or after the termination
of these
Terms of Service, any dispute arising out of or in any way related to these Terms of
Service or
your use of the Wavelino Website or App will be resolved by binding arbitration in
accordance
with the provisions of the Indian Arbitration and Conciliation Act, 1996 in the
interest of
resolving disputes between you and Wavelino. Mumbai will serve as the
arbitration's legal
seat. English is the language that will be used during the arbitration process.
Termination
- By deactivating your accounts and putting an end to your use of the services,
you can at any
time terminate your legal agreement with Wavelino.
- We reserve the right to stop providing you with all or part of the Services or
suspend your
account for any reason at any time, including but not limited to the following:
i) You have
broken the Community Guidelines, Policies, or these Terms; ii) you put us at
risk or expose
us to legal action; iii) Your account should be deleted because of bad behavior;
( iv) Your
account should be deleted because you haven't used it in a while; or (v) it
is no longer
economically feasible for us to provide the Services to you. Depending on the
circumstances,
we will attempt to notify you via the email address associated with your account
or the next
time you attempt to access your account. Your license to use the Services as
well as the
Terms shall terminate in all such instances.
- You can submit an appeal to us at info@wavelino.com with the following
information if you
believe your account was terminated in error:
- Your mailing address, phone number, Wavelino Platform user name, and
email address
that was linked to your Wavelino account
- a description of the time the account was suspended or closed, as well
as the
reasons why you think we erred in closing it.
- a declaration made under penalty of perjury that you believe the account
was removed
or suspended due to a mistake or incorrect identification.
- Your full legal name—not the name of a company—at the bottom
of your
appeal request to reinstate your user account is sufficient to satisfy
this
requirement.
- Within 72 hours, Wavelino will acknowledge the appeal, and our team will examine
your appeal
request. Within 24 hours of the conclusion of the review, Wavelino will
reinstate your
account if it is determined that the termination was caused by an error or
misidentification. Wavelino, on the other hand, has complete discretion over
whether or not
to reinstate your account.
Terms Specific to the Jurisdiction
The following additional terms apply if you use our services in India: The following
terms shall
prevail in the event of any conflict between the provisions of the main body of
these terms and
the following terms.
- Accepting the Conditions By accepting these terms and accessing or using our
services, you
confirm that you have read and comprehended them and agree to be bound by them,
as well as
our privacy statement and community guidelines.
- access to our services and their use. You are not permitted to use the Services
to upload,
transmit, store, or otherwise make available any User Content in any way,
including for the
purposes of uploading and/or streaming content:
- is obscene, violent, and pornographic;
- is associated with or encouraging money laundering, gambling, or any
other illegal
activity in any way;
- in any way harms children;
- communicates information that is extremely offensive or threatening; or
poses a
threat to India's unity, integrity, defense, security, or
sovereignty, as well
as its friendly relations with other nations and public order;
encourages any
cognisable offense to be committed; prevents any offense from being
investigated; or
disparages any nation.
- User Content In relation to the rights granted and licensed to us under these
Terms, you
hereby irrevocably waive your right to present any objection or claim before any
authority,
including a copyright board, including any right granted by Section 30A of the
(Indian)
Copyright Act, 1957, or any other applicable law. You grant Wavelino and all of
its group
companies, affiliates, and potential successors in title and interest the
above-mentioned
waiver.
- Indemnity. You will obtain all regulatory authorities' approvals and
consents for the
payment of such amount to us if you are required to indemnify us in accordance
with these
Terms or any court order or ruling.
You can reach us at: if you have any questions, comments, or concerns
regarding our Terms
of Service or our services: info@wavelino.com