The terms used within this agreement shall have the following meanings:
I. “WAEVA” is a retail website owned by WAEVA Corporation where YOU have agreed to use our digital content through the web site on the terms and conditions set out in this Agreement.
II. "DIGITAL CONTENT" means, content that WAEVA may sell via permanent digital download, streams or burns, as individual items or collectively, according to the terms and conditions of this agreement. Digital Content may include, but is not limited to Sound recordings, MIDI Files, Texts, Artworks, Pictures, Lyrics and Video recordings. Any Sound recording, MIDI files, Text, Artwork, Pictures, Lyrics, and Videos that are provided to YOU by WAEVA.
III. A "Sample" a portion of a Track, Picture, or in some cases, an entire Track or promotional music video that you can play or view.
IV. “DIGITAL DEVICES” may include but is not limited to desktop computers, laptop computers, Printers, Portable Media Center, Portable Music Devices (PMD), Portable Video Devices (PVD), Personal Digital Assistant (PDA’s), Cell Phones, Internet Capable Devices and Mobile devices.
V. "TERM OF AGREEMENT" The term of this Agreement will begin on the date of this Agreement and will automatically renew for successive one-year periods until the first day you terminate this Agreement.
To use our services you must be at least 18 years of age or older. You must accurately register all required information (including a legitimate email address) and obtain a unique Username and Password. A parent or legal guardian can authorize minors to access www.waeva.com. By having their parent or legal guardian register on their behalf, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement.
As an authorized member of WAEVA, you are permitted to do the following:
(i) You are permitted to display digital content in any manner not prohibited by this agreement, providing that you include the copyright information.
(ii) You may modify or alter digital content for personal use, providing that the copyrights to any derivative work shall belong to Waeva Inc., and the appropriate content provider. If requested by Waeva Inc., you agree to execute a written assignment of any such copyrights with respect to such derivative work.
(iii) You may play or preview as many Samples as you like at no cost to you.
(iv) Each purchased single digital content can be copied up to 5 (five) times to different digital devices.
(v) Each purchased single DIGITAL CONTENT can be used in word processing applications (such as Microsoft Word, WordPerfect), Graphics applications (such as Photo Shop, CorelDraw), CD/DVD Media applications.
(vi) You can listen and view the Digital Content an unlimited number of times from your computer or mobile device. In addition, you can "burn" your downloaded digital content to a recordable device an unlimited number of times (except that a specific album or playlist can only be burned up to five times). You can also transfer downloaded digital content to any supported mobile device.
You are not permitted to do the following:
(i) You may not use digital content in any way that constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light.
(ii) Digital content may not be used in a defamatory or otherwise illegal manner, whether directly or in context or juxtaposition with other materials. You may not use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
(iii) You are not permitted to reverse engineer, decompile, or disassemble any part of a file or accompanying materials except as permitted by law.
(iv) Removal of any copyright or trademark information from any place in the files or accompanying materials is strictly prohibited. You may not use any part of an image as a trademark, service mark, logo, or part thereof.
(v) You may not take any actions to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. Waeva will revoke your ability to use the content if there is a security breach or if you violate the usage rules associated with digital content.
5. Intellectual Property Rights
You agree that WAEVA Inc. and its content providers own all digital content that is available through this website. All digital content is protected by copyright and other intellectual property laws. You agree that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that you must obtain approval from the owners of the intellectual property when necessary to comply with intellectual property laws.
Unauthorized copying or distribution of copyrighted material is an infringement of the copyright holder's rights. WAEVA Inc. in appropriate circumstances may revoke the license of users who infringe upon the copyright, or other intellectual property rights, of others.
6. Assumption of risk
Your use of all digital content distributed by Waeva.com is at your sole risk. Waeva does not warrant or guarantee that all digital content on the Website is free from copyright or other intellectual property concerns.
You are responsible for paying any governmental taxes imposed on your use of and your purchase of digital content, including, but not limited to, sales, use, or value-added taxes. You agree to pay for all digital content that you purchase through www.waeva.com. WAEVA reserves the right to change the fees for the digital content and our billing methods by posting such changes on the site. You may terminate your membership anytime if the changes are not acceptable to you by going to the “Sign In” area. It is your responsibility to keep your account secure and confidential and you will be responsible for any charges that are incurred by any person who uses your account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information in the "Sign In" area.
You agree to indemnify and hold WAEVA and its, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
In no event shall WAEVA, its distribution partners, licensors, or any of their respective officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages.
9. Linked Entities
This site may contain links through advertising, and otherwise to various third party web sites and other resources ("Linked Entities"). Waeva does not manage these Linked Entities and is not responsible or liable for the content, communications, or materials of any Linked Entities. Waeva is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by Waeva of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors, and other third parties.
14. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND WAEVA, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND WAEVA RELATING TO THE SUBJECT OF THIS AGREEMENT.