Terms of Service

Last Revision: 9/30/2021

Definitions

Wavlake - We and Us refer to Wavlake, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

Website – Website refers to Wavlake’s Website located at wavlake.com, and all content, services, and products provided by Wavlake at or through the Website.

Account - An Account represents your legal relationship with Wavlake. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Wavlake.

Agreement - The Agreement refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the Terms of Service or Terms) and all other operating rules, policies (including Wavlake’s Privacy Policy [Link]) and procedures that we may publish from time to time on the Website.

Content - Content refers to content featured or displayed through the Website. This includes, but is not limited to limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. Content also includes Services. User-Generated Content is Content, written or otherwise, created or uploaded by our Users. Your Content is Content that you create or own.

Service- Service refers to services and other benefits provided to Users by Wavlake through this Website, including the wavlake-ws tool.

Tool – Tool refers to a specific package of software, produced and maintained by Wavlake to enable individuals to build their own private media servers. It is a distinguishable product from any other service or benefit provided via Wavlake, either through this Website, or other platforms, not entirely controlled by Wavlake.

User - You and Your refer to an individual person, company, or organization that has visited our Website or who have received our Services; it refers to a party who has access to or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age. A User is not considered an individual who has accessed Wavlake’s Tool, only those individuals who may access the Tool through this Website.

User Account

Requirements

To register an account, you must be a human. Accounts created by bots will be deleted.

To open an Account an individual who accepts the terms of this Agreement must provide a valid email address, and then create a Username and Password (together, these will be your Login Information). The person who creates the account can do so on behalf of an organization. However, the person who registers the account will be held solely responsible for the conduct of the account, and is responsible for everything that happens through it, even your Login Information is stolen, or another individual gains access without the creator’s express permission.

One person or legal entity may maintain no more than one Account. Only one email address can be associated with each account, and you cannot register more than one account with the same email address.

Your Login Information may only be used by one person — do not share your Login Information with multiple people. You will be held responsible for anything that happens through your User Account, whether or not you authorized these activities, or had real or constructive knowledge of the use of your account by another individual.

Security

You are responsible for keeping your Account secure while you use our Service. The content of your Account and its security are up to you.

You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Login under your Account).

You are responsible for maintaining the security of your Account and password. Wavlake cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify Wavlake if you become aware of any unauthorized use of, or access to, our Website through your Account, including any unauthorized use of your Login Information.

Control

All Users are Subject to the terms of this Agreement and you will retain ultimate administrative control over your User Account and the Content associated with it.

Organizations may create accounts with Wavlake, however they will be responsible to agreeing to the terms of this Agreement the same as individuals. The person who creates the account for the Organization will be responsible for agreeing to the terms on behalf of the Organization, whether or not the Organization knows that the Account exists and has authorized its creation.

Behavior and standards

Compliance with Laws and Regulations

You are responsible for using the Service and our Website in compliance with all applicable laws, regulations, and all of the policies below. These policies may be updated from time to time and are provided below.

Content Restrictions

Users agree to refrain from uploading, hosting, executing, or transmitting or otherwise attempting to making accessible, or attempting to make accessible through the Website or Service, any Content that:

Is unlawful or promotes unlawful activities;

Contains sexually explicit content and images, with no artistic merit, or that imply, depict or encourage sexual conduct with minors;

Contains materials that are degrading, demeaning or offensive to any one of a specific race, gender identity, ethnic background, place of origin, age, or who has an diagnosable and identifiable chronic or persistent condition or disability, or other content or communications which would otherwise be deemed discriminatory or abusive towards an individual or a specific group;

Is libelous, defamatory, or fraudulent;

Contains gratuitously depictions of violence, or otherwise glorifies violence, including violent images;

Is or contains false, inaccurate, or deceptive information that is likely to adversely affect the public interest (including health, safety, election integrity, and civic participation);

Supports in any way, an unlawful active attack or malware campaign which is either aimed at, or could potentially cause real harm to others or their interests — such as using our platform to deliver malicious executables or as attack infrastructure, for example by organizing denial of service attacks or managing command and control servers — with no implicit or explicit dual-use purpose prior to the abuse occurring; or

Shares the unauthorized intellectual property of others, including their patent, trademark, trade secret, copyright, right of publicity, and other recognized right in the US and abroad.

Conduct Restrictions

While accessing Wavlake’s Website or Service, under no circumstances will you contribute content for indexing, or otherwise perform any action that could qualify as, or be considered:

Harassment, abuse, threats, or incitements to violence towards any individual or group, including our employees, officers, and agents, or other users;

An interaction with platform features, that significantly or repeatedly, disrupts the experience of other Users;

Use of our servers for any form of excessive automated bulk activity (for example, spamming or cryptocurrency mining), to place undue burden on our servers through automated means, or to relay any form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;

Use of our servers to disrupt, or to attempt to disrupt, or to gain, or attempt to gain, unauthorized access to, any service, device, data, account or network;

Scraping our Website or otherwise collect information about our Users or Website for the purpose of spamming Users, or third parties, for the purpose of soliciting the sale of services or otherwise sending unsolicited communications.

An impersonation of any person or entity, including any of our employees or representatives, including through false association with Wavlake, or by fraudulently misrepresenting your identity or our Website or Service’s purpose; or

That violates the privacy of any third party, such as by posting another person's personal information, or any identifying content or information, without consent.

Further, you agree you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Wavlake.

Any person, entity, or service collecting data from the Service must comply with the Wavlake’s Privacy Policy [Link Here], particularly in regards to the collection of information about our Users.

Wavlake’s bandwidth limitations vary based on the features you use. If we determine your bandwidth usage to be excessive in relation to other Users who utilize our Website or Services in similar ways, we reserve the right to suspend your Account and delist or otherwise remove or restrict access your access, and remove any content you have contributed, and delist any submission from our Service.

In general, as a requirement of accessing Wavlake’s Website and Services, you agree not to engage in activity that significantly harms other Users, or which impairs access to the Website or Services. We will resolve disputes in favor of protecting Users as a whole.

User Generated Content

We have the right to refuse, delist, or remove any User-Generated Content that, in our sole discretion, violates any applicable laws, or our Terms of Service. Further, any content that you create using our Tool, whether accessed through Wavlake’s Website, or else were, will be subject to the following terms:

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, we reserve the unrestricted right to delist or remove it. Further, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

For any Content that you contribute or request for index, you grant Wavlake a universal, nonexclusive, and perpetual license to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in cases Your Content is something like music or a video. This license will not permit Wavlake to sell Your Content or distribute it outside of our Website without permission.

As a condition of accessing Wavlake’s Website and Service, you also grant a license to other Users a nonexclusive, worldwide license to use, display, and perform Your Content through our Website, and platforms we control.

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted, without restriction.

Age Restrictions

You must be age 18 or older to access and utilize Wavlake’s Website and Service. Wavlake does not target our Service people under the age of 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

Limit on Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

the use, disclosure, or display of your User-Generated Content;

your use or inability to use the Service;

any modification, price change, suspension or discontinuance of the Service;

the Service generally or the software or systems that make the Service available;

unauthorized access to or alterations of your transmissions or data;

statements or conduct of any third party on the Website or through the Service;

any other user interactions that you input or receive through your use of the Website or Service; or

any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Accessibility

Wavlake is committed to ensuring digital accessibility for people with disabilities. We are continually improving the User experience for everyone, and applying the relevant accessibility standards. If there is any ui4way that we can improve our Website or Service to promote accessibility, feel free to let us know by contacting us at contact[at]wavlake.com

Software licenses and terms

As a condition of utilizing the Tool or other programs made accessible through Wavlake’s Website, another website or our Services, you agree to be bound by the Software License attached to these programs, as they are updated, from time to time, which you can read here [Link]. Wavlake reserves all rights under applicable laws to protect its interest in this Tool and these programs and will not tolerate violations of its license, policies or agreements.

Intellectual Property

Trademarks means all names, marks, brands, logos, designs, trade dress, slogans and other designations Wavlake uses in connection with its products and services. You agree to comply with Wavlake’s interest in existing or potential trademarks and logos usage requirements as may be in effect from time to time. You may not use, remove or alter any Trademarks, or co-brand your own products or material with Wavlake’s name, logos, or likeness without Wavlake’s prior written consent. You acknowledge Wavlake’s rights in its Trademarks and agree that any use of Wavlake’s Trademarks by you shall inure to Wavlake's sole benefit. You agree not to incorporate any Wavlake Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

Wavlake is committed to respecting others' intellectual property rights, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on Website or through a link accessible through our Website, please contact us at [Link].

Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any Wavlake tool or intellectual property or any other product, content, technology, intellectual property or service of Wavlake or its affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use Wavlake’s intellectual property on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of Wavlake or its affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from Wavlake or its affiliates, licensors or partners.

Release and Indemnification

If you have a dispute with one or more Users, you agree to release Wavlake 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 such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Wavlake (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Wavlake of all liability); and (3) provides to you all reasonable assistance, at your expense.

Warranties and Disclaimers

YOUR USE OF THE WAVLAKE'S WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, TOOL, SOFTWARE AND OTHER CONTENT, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. WAVLAKE AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, CUSTOMERS AND PARTNERS SHALL HAVE NO DIRECT OR INDIRECT LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE WAVELAKE’S WEBSITE AND SERVICES. THE WAVLAKE’S WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. WAVLAKE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WAVLAKE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.

WAVLAKE MAKES NO WARRANTY OR REPRESENTATION THAT: (A) WAVLAKE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WAVLAKE WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE; (C) THE QUALITY OF ANY WAVLAKE OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WAVLAKE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE Wavlake’s WEBSITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY CHANGES TO WAVLAKE'S TERMS), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

Changes and Updates to Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your Wavlake account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Miscellaneous

Governing Law - Except to the extent applicable law provides otherwise, this Agreement between you and Wavlake and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Illinois, without regard to conflict of law provisions. You and Wavlake agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Chicago, Illinois.

Non-Assignability - Wavlake may assign or delegate these Terms of Service or the Wavlake’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the licenses granted above. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

Section Headings and Summaries -Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

Severability, No Waiver, and Survival - If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Wavlake to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Amendments; Complete Agreement - This Agreement may only be modified by a written amendment signed by an authorized representative of Wavlake, or by the posting by Wavlake of a revised version in accordance with Section XII. These Terms of Service, together with the Wavlake Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Wavlake relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

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