Terms & Conditions
This Website is offered and available to users who are fifteen years of age or older. By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website.
Using the Website
Licensee may upload to the Website electronic dance compositions including cover arts which, if approved by the Licensor, will be digitally broadcast throughout the world (the “Territory”) as part of Licensor’s digitally transmitted radio show (“Uploaded Content”).
Licensee hereby grants to Licensor, for the Term of this Agreement, the right to electronically broadcast in the Territory the Uploaded Content, as such Content may be amended and supplemented from time to time (the “License”) including:
- The exclusive right and License during the Term in the Territory to include the Uploaded Content in Digital Audio and Video Transmissions of Licensor’s radio program through such radio stations and or TV located in the Territory as the Licensor may deem appropriate/ The Term “Digital Audio and or Video Transmission” shall mean a digital radio and or video transmission that embodies a sound and or video recording, including the performance thereof.
- The non-exclusive right in the Territory to use and publish the names, approved likenesses, and photographs of all persons who perform in the Uploaded Content.
- The non-exclusive right to authorize third party distributors and radio and TV stations to broadcast the Uploaded Content.
THE LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THE LICENSOR MAY ENTER INTO LICENSING AGREEMENTS WITH 3rd PARTIES SUCH AS RADIO STATIONS, TV STATIONS, AND OTHER MEDIA OUTLETS VIA A DIGITAL BROADCASTING AND LICENSING AGREEMENT TO DIGITALLY BROADCAST THE UPLOADED CONTENT AND GENERATE A PROFIT FROM SUCH LICENSING AGREEMENT OR AGREEMENTS, AND RELEASES THE LICENSOR OF ALL CLAIMS OR INTENDS TO REQUEST OR COLLECT COMPENSATION FOR LICENSOR LICENSING AGREEMENTS WITH SUCH OF 3rd PARTIES.
THE LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT LICENSOR’S BROADCASTING OF THE UPLOADED CONTENT IN THE TERRITORY MAY VIOLATE THE LAWS OR CUSTOMS OF COUNTRIES IN THE TERRITORY WHICH RECEIVE A BROADCAST OF THE UPLOADED CONTENT. LICENSEE UNDERSTANDS THAT LICENSOR HAS NOT, AND WILL NOT, UNDERTAKE AN INVESTIGATION OF THE EXTENT TO WHICH THE BROADCASTING OF LICENSEE’S UPLOADED CONTENT MAY VIOLATE THE LAWS OF ANY SPECIFIC COUNTRY IN THE TERRITORY OR OTHERWISE OFFEND THE CULTURAL TRADITIONS IN SUCH COUNTRY (A “VIOLATION”). LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR FOR ANY FINES, EXPENSE, PENALTIES OR OTHER COSTS INCURRED BY LICENSOR ARISING FROM A VIOLATION.
The initial term of this Agreement (“Term”) shall consist of a period of five years commencing on the date that Licensee digitally executes this Agreement.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for You to have access to the Website.
To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Licensor and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- You may store files that are automatically cached by Your Web browser for display enhancement purposes.
- You may download one copy of a reasonable number of pages of the Website for Your own personal use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, noncommercial use.
You must not:
- Modify copies of any materials from this Site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
The Licensor’s name, the Terms AS DEEP WAVES MUSIC™, DEEP WAVES MUSIC RADIO™, THE WAVE™, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or Licensors (collectively, “Marks”). You must not use such Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Additionally, You agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
These content standards apply to any Uploaded Content. Uploaded Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
The information presented by Licensor on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other musicians, bloggers, and third-party Licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible or liable to You or any third party for the content or accuracy of any materials provided by any third party.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Links from the Website
If the Website contains links to other Sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party Websites linked to this Website, You do so entirely at Your own risk and subject to the Terms and conditions of use for such Websites.
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR Site OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Governing Law and Jurisdiction
Waiver and Severability