By downloading, browsing, accessing, viewing or using 8DWave Website/Mobile Application (“Site” ,“Mobile App” or “App”), you agree to be bound by these Terms and Conditions (“T&Cs”). We reserve the right to amend these T&Cs at any time. If you disagree with any of these T&Cs, you must immediately discontinue your access to the Site/Mobile App and your use of the services offered on the Site/Mobile App. Continued use of the Site/Mobile App shall constitute acceptance of these T&Cs, as may be amended from time to time.
Any references to “you” and “your” refers to User of the Site/mobile App. References to “we”, “us” and “our” refer to 8DWave
(ii) use Site/App and other Services provided as part of the Platform strictly as permitted in accordance with these T&Cs and any other terms applicable to Site/ App or Services from time to time.
You must not:
a. Adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Material on or from the Platform at any and all times, except (i) where such Material is Your Material at any and all times during your use of the applicable Material;
b. You must not copy or capture, or attempt to copy or capture, any audio from the Platform or any part of the Platform, other than by means of download or store for offline listening;
c. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
d. Post or transmit any material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
e. Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
f. Engage in keyword spamming, or otherwise attempt to manipulate the Site’s/App’s search results or send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
g. Attempt to gain unauthorized access to the Site/App, user accounts, or networks connected to the Site/App through hacking, password mining or any other means further you must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
h. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site/App, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site/App.
i. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping;
j. Create Your account on this platform if you are a minor
b.By uploading Your Material on the Platform, you grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your material has been shared using the Services (“Linked Services”), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Material utilizing the features of the Platform from time to time, and within the parameters set by you using the Services. you hereby acknowledge and agree that once Your Material is distributed to a Linked Service, 8DWave is not obligated to ensure the deletion of Your Material from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Material.
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Material") is generated, owned and controlled solely by you, and not by 8DWave.
8DWave does not claim any ownership rights in Material, and you hereby expressly acknowledge and agree that Material remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Material (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of wheteher it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and 8DWave shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
b. You hereby acknowledge and agree that 8DWave
stores Material(s) and other information only at the authorization of its users;
is only a platform for the uploading, downloading, storage and distribution of material that users submit, and
plays no active role and gives no assistance in the presentation or use of the material.
c. You are solely responsible for all of Your material that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, We are not liable with respect to all material (including material you submit) and the activities of its users with respect thereto;
d. You hereby acknowledge and agree that 8DWave does not review the Material created or uploaded by its users, and neither 8DWave nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the material submitted or uploaded that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these T&Cs or applicable law however, we may review the Material uploaded and remove such Material if the same is found to be not in line with the terms of this Agreement or applicable laws;
e. 8DWave and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any material uploaded by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform;
f. 8DWave reserves the right to block, remove or delete any Material at any time, and to limit or restrict access to any content or Material, for any reason and without liability, including without limitation, if we have reason to believe that such Material does or might infringe the rights of any third party, has been uploaded or posted in breach of these T&Cs and applicable law;
g. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against 8DWave or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders
We will suspend or terminate your access to the Platform in our sole and reasonable discretion:
i. If you use (or anyone other than you, with your permission uses) the Mobile Application/Site, any Services in contravention of these T&Cs including the Policies;
ii. If you have repeatedly breached these T&Cs including the Policies;
iii. If we receive a valid notification from a third party in accordance that any of Your Material infringes the copyright or other rights of such third party;
iv. If we have received any direction or orders from any Govt. authority including but not limited to courts, judicial, semi judicial bodies etc.
a. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Site/App are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be;
b.Nothing contained on the platform should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site/App without our written permission. Misuse of any trademarks or any other content displayed on the Site/App is strictly prohibited;
c. Any Material other than Your Material is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Material may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Site/App from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. You acquire no ownership rights whatsoever in the Material of another User unless otherwise, the same is expressly granted to you by that User. Subject to the rights expressly granted herein, all rights in Material are reserved to the relevant Uploader.
a. We may periodically make changes to the contents of the Site/App, including to the descriptions, fees and prices of services, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Site/Mobile App.
b. We reserve the right to amend these T&Cs from time to time without notice. The revised T&Cs will be posted on the Site/App and shall take effect from the date of such posting. You agree to review these T&cs periodically as they are binding upon you.
a. THE APP/SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE/APP IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE/APP, ITS SAFETY OR SECURITY, OR THE SITE/APP CONTENT AND MATERIAL POSTED BY USERS. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THIS SITE/APP.
b. 8DWave EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP.
c. 8DWave, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITE/APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE/APP, RELATED SERVICES AND/OR ANY THIRD PARTY SITE/APP SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THIS SITE/APP.
d. 8DWave DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE/APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE/APP OR ANY THIRD PARTY SITE/APP, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
e. 8DWave DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE/APP OR ANY THIRD PARTY SITE/APP.
f. 8DWave MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE SITE/APP WILL BE UPDATED (IF AT ALL).
You agree to indemnify, defend and hold harmless 8DWave and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from:
i. your access to or use of the Site/App;
ii. your violation of the T&Cs including the policies;
iii. your use of any products or services obtained by you in connection with the Site; or
iv. the infringement by you, or any third party using your account, of any intellectual property or other right of any other user, person or entity. 8DWave reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you;
v. uploading of material on the Site/App;
vi. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of 8DWave.
8DWave may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of 8DWave. You shall not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of 8DWave.
In the event that any of the provisions of the T&Cs are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the remaining terms shall otherwise remain in full force and effect.
Any failure by 8DWave to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
These T&Cs shall be governed by and constructed in accordance with the laws of 8DWave without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at 8DWave.