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WEBSITE TERMS OF USE AND
LEGAL RESTRICTIONS
ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING
THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF
THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR
DOWNLOAD MATERIALS FROM THIS SITE.
The Site and its Use
The
WaveLink Productions ("WaveLink Productions") Web site is owned and provided by
WaveLink Productions from its office in Oceanside, California. The applicable
Web site or sites are referred to herein as the "Site." Each Site is provided
for your personal information and non-commercial use. Please feel free to browse
the Site; however, your access to and use of the Site is subject to these Terms
and all applicable laws. You shall use the Site for lawful purposes only. You
shall not post or transmit through the Site any information or material which
violates or infringes, in any way, the rights of others, or which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you
post or transmit through the Site any information or material which encourages
conduct that would constitute a criminal offense, give rise to liability or
otherwise violate any law or administrative ruling or guidelines, is in
violation of these Terms, or which, without WaveLink Productions’s prior written
approval, contain advertising or any solicitation with respect to products or
services. Any conduct by you that, in WaveLink Productions’s opinion, restricts
or inhibits any other user from using or enjoying the Site will not be
permitted.
The Site contains information and materials, including but not limited to, text,
software, photos, video, graphics and audio, (collectively "Materials") which
are derived in whole or in part from information and materials supplied by
WaveLink Productions and other sources, and are protected by international
copyright, trademark and other laws and the entire content of the Site is
copyrighted as a collective work under the United States Copyright Laws.
WaveLink Productions owns the copyright in the overall selection, coordination,
arrangement and enhancement of such content, and owns the rights in, or license
to use, the individual components of such content. Materials may not be copied,
reproduced, republished, modified, uploaded, posted, transmitted or distributed
in any way or decompiled, reverse engineered or disassembled, including but not
limited to the text, images, audio and/or video, as well as any software
(including but not limited to any images or files incorporated in or generated
by the software or data accompanying such software), except that you may
download one copy of the Materials on any single computer for your personal,
non-commercial use only, provided you keep intact all copyright, trademark and
other proprietary notices and make no change in or deletion of author
attribution. This limited authorization is not a transfer of title in the
Materials and by your use of the Site, you acknowledge that you do not acquire
any license, ownership or other rights to the Materials. Modification of the
Materials or use of the Materials for any other purpose is a violation of
WaveLink Productions or such other sources' copyright, trademark and other
proprietary rights and may violate other laws. The use of any such Materials on
any other Web site or networked computer or environment is prohibited without
WaveLink Productions’s express written consent. If you breach any of these
Terms, your authorization to use the Site automatically terminates and you must
immediately destroy any downloaded or printed Materials.
Disclaimer
THE SITE
AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR
PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE
UNDER CERTAIN CIRCUMSTANCES. WAVELINK PRODUCTIONS ALSO DOES NOT WARRANT THE
ACCURACY OR COMPETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE
RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR
DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY
RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT
YOUR SOLE RISK. WAVELINK PRODUCTIONS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE
LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE
(INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY
MATERIALS FROM THE SITE.
Third-Party Sites
WaveLink
Productions may provide as a convenience to you, links to Web sites operated by
other entities and persons, but makes no representations whatsoever about any
other Web site which you may access through this one. Any link to a non-WaveLink
Productions Web site does not mean that WaveLink Productions endorses or accepts
any responsibility for the content, or the use of such Web site. If you use
these sites, you do so at your own risk. WaveLink Productions makes no warranty
or representation regarding, and does not sponsor or endorse, any linked Web
sites or the information or materials appearing thereon or any of products and
services described thereon. Furthermore, links do not imply that WaveLink
Productions is affiliated or associated with, or that any linked site is
authorized to use any trademark, trade name, logo, or copyright of WaveLink
Productions.
Third Party Content
Any
opinions, statements, services, offers or other information or content expressed
or made available in the Site by any third party are those of the respective
author(s) or distributor(s) and not of WaveLink Productions.
Limitation of Liability
Your use
and browsing of the Site is at your risk. If you are dissatisfied with any of
the Materials contained in the Site, or with any of these Terms, your sole and
exclusive remedy is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL WAVELINK PRODUCTIONS, ITS SUPPLIERS OR OTHER THIRD
PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE
BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR
PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF
ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS
INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE
RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS
CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY
OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER
WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY,
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT WAVELINK PRODUCTIONS WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
WAVELINK PRODUCTIONS SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS,
OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
WAVELINK PRODUCTIONS’S obligations and responsibilities regarding its products
and services are governed solely by WaveLink Productions’s terms and conditions
of sale or license under which such products and services are sold or licensed.
Copies of such terms and conditions are available from the applicable WaveLink
Productions entity.
Safe
Harbor
The
Materials at the Site may contain various forward-looking statements and which
may be based on or include assumptions, concerning WaveLink Productions’s
operations, future results and prospects. These forward-looking statements are
based on current expectations and are subject to risk and uncertainties. In
connection with the "safe harbor" provisions of the United States' Private
Securities Litigation Reform Act of 1995, WaveLink Productions provides the
following cautionary statement identifying important economic, political and
technology factors which, among others, could cause the actual results or events
to differ materially from those set forth or implied by the forward-looking
statements and related assumptions.
Such factors include the following:
(1) changes in the current and future business environment, including interest
rates and capital and consumer spending;
(2) competitive factors and competitor responses to WaveLink Productions’s
initiatives;
(3) successful development and market introductions of anticipated products;
(4) changes in government laws and regulations, including taxes;
(5) unstable governments and business conditions in emerging economies;
(6) continuation of the favorable environment to make acquisitions, domestic and
foreign, including regulatory requirements and market values of candidates.
Information Provided By You
It has
been and remains WaveLink Productions’s policy not to accept or consider ideas,
suggestions or materials other than those that WaveLink Productions has
specifically requested from you. Accordingly, WaveLink Productions does not want
you to, and you should not, send any confidential or proprietary information to
WaveLink Productions through the Site unless specifically requested by WaveLink
Productions. Please note that any unsolicited information or material sent to
WaveLink Productions will be deemed not to be confidential or proprietary. By
submitting information and material to the Site, you automatically grant to
WaveLink Productions (or warrant that the owner of such information and material
has expressly granted to WaveLink Productions) a royalty-free, perpetual,
irrevocable, unrestricted, right and license to use, reproduce, display,
perform, modify, adapt, publish, translate, transmit and distribute, or
otherwise make available to other such information and material (in whole or in
part and for any purpose) worldwide and/or to incorporate it in other works in
any form, media, or technology now known or hereafter developed. You also agree
that WaveLink Productions is free to use any ideas, concepts, know-how, or
techniques that you send WaveLink Productions for any purpose.
As further provided above, WaveLink Productions does not want to receive, and
you are deemed to covenant and agree through the use of the Site not to provide,
any information or materials to WaveLink Productions that are defamatory,
threatening, obscene, harassing, in violation of any law, governmental
requirements or otherwise unlawful, or that incorporate the proprietary
information or materials of another person or entity.
You shall not upload, post or otherwise make available on the Site any
information and material protected by copyright, trademark or other proprietary
right without the express written permission of the owner of such right(s). You
shall be solely liable for any damages resulting from any infringement of
copyright, proprietary rights, or any other harm resulting from such a
submission.
Changes
WaveLink
Productions reserves the right, in its sole discretion, to revise these Terms at
any time and correct any errors or omissions in any portion of the Site and
Materials. Materials may also be changed, modified, added, or removed and
updated without notice at any time; however, WaveLink Productions is under no
obligation to update Materials. WaveLink Productions may also make changes in
the products, services, programs, or prices (if any) described in the Site at
any time without notice. Your continued use of the Site after any change
WaveLink Productions makes to the Site will be considered acceptance of those
changes. You should revisit these Terms from time to time to review the
then-current Terms because they are binding on you.
Linking to Site
Anyone
linking to WaveLink Productions’s Site must comply with WaveLink Productions’s
guidelines for linking to WaveLink Productions's Site and all applicable laws.
International Users
The Site
is administered by WaveLink Productions from its office in the United States.
Materials published at the Site may refer to products, programs, or services
that are not available in your country. Consult your local WaveLink Productions
business contact in this regard. Furthermore, WaveLink Productions makes no
representation that the Materials at the Site are appropriate or available for
use at other locations outside of the
United States
and access to them from territories where their contents are illegal is
prohibited. You may not use the Site or export information and materials in
violation of the export laws of the
United States
or any other country. If you access the Site from a location outside of the
United States, you are responsible for compliance with all applicable laws.
Governing Law
These
Terms shall be governed by the laws of the State of California, without giving
effect to any principles of conflicts of law. If any provision of this Agreement
and Terms shall be unlawful, void, or for any reason unenforceable then that
provision shall be severable from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
These Terms constitute the entire agreement between WaveLink Productions and you
with respect to your use of the Site. Any cause of action you may have with
respect to your use of the Site must be commenced within six (6) months after
the claim or cause of action arises.
Privacy:
Overview
WaveLink
Productions is aware of the need to address Internet privacy issues and we
believe you should be aware of how we intend to treat any information about you
that we might receive on the Internet as a result of your visit to the Site.
Information About WaveLink Productions’s On-Line Visitors
You can
visit WaveLink Productions on the Site without telling us who you are or
revealing any information about yourself. Our web servers collect the domain
names, not the e-mail addresses, of visitors. In general, we gather information
about users of the Site collectively in order to determine, for example, which
areas users access more frequently and which Materials users access the most.
This information helps us to determine what is most beneficial for our users,
and how we can continually create a better overall experience for our users by
improving the content of the Site.
There are times however, when we may need information from you, such as your
name and address. Customarily, the personal information WaveLink Productions
obtains is used only to respond to inquiries, to process orders, product
registration or to allow the user to access specific account information. We may
also ask you to voluntarily provide us with information for market research such
as, your interests, demographics, and experience with our products.
Cookies
There is
a technology called "cookies" which is an element of data that a Web site can
send to your browser, which may then store on your system. We do not use cookies
on our Site.
Web Site Links
WaveLink
Productions’s Site may contain links to other Web sites such as our clients and
partners. While WaveLink Productions tries to link only to sites that share its
high standards and respect for privacy, WaveLink Productions cannot take
responsibility for the content or the privacy practices employed by other sites.
Changes
If at
anytime WaveLink Productions changes its privacy commitment, WaveLink
Productions will post those changes here so that you will know what information
WaveLink Productions gathers and how WaveLink Productions might use that
information. |
• email:
kathy@wavelinkproductions.com •
WaveLink Productions ©2006 | All Rights
Reserved
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