Terms of Use for WaveMachine Labs Websites

These Terms of Use outline your obligations when using the WaveMachine Labs (“WML”) websites. The WaveMachine Labs Privacy Policy (http://www.drumagog.com/privacy-policy) outlines our policies and practices regarding any personal information that you provide to us.

  1. ACCEPTANCE OF TERMS

The web pages available at wavemachinelabs.com, drumagog.com, auriaapp.com,  and all pages linked to the WaveMachine Labs websites (collectively, the "WML Websites"), are owned and operated by WaveMachine Labs, Inc., an Illinois corporation, and accessed by you under the Terms of Use contained in this document.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES PROVIDED ON THE WML WEBSITES. BY ACCESSING THE WML WEBSITES OR USING ANY PART OF THEREOF OR ANY CONTENT OR SERVICES ON THE WML WEBSITES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE WML WEBSITES OR USE THE CONTENT OR ANY SERVICES IN THE SITE. WAVEMACHINE LAB’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED A LEGAL OFFER BY WAVEMACHINE LABS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

  1. MODIFICATIONS OF TERMS OF USE

WaveMachine Labs reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, WML will notify you by posting an announcement on the WML Websites. A "material change" will be defined by and determined by WaveMachine Labs at its sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the WML Websites and WML Services following such notification constitutes your acceptance of the modified terms and conditions of the Terms of Use.

  1. DESCRIPTION OF SERVICE

WML may offer to provide certain services and content, as fully described on the WML Websites ("Services"). Services include, but are not be limited to, any service WML performs for you, as well as the offering of any materials displayed, transmitted or performed on the WML Websites (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). WML may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any forum, feature or content. WML may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

  1. FORUM PARTICIPANT REGISTRATION 

Some of the Services provided on the WML Websites are available to users whether or not such users have registered on the Websites. As a condition of participating in WML Website forums, however, participants are required to register with WaveMachine Labs and select a password and screen name the participant’s “Forum ID"). You must provide WaveMachine Labs with accurate, complete, and updated registration information. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your WML Websites account or accounts. You may not (i) select or use as a forum participant ID a name of another person with the intent to impersonate that person; (ii) use as a Forum ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Forum ID a name that is otherwise offensive, vulgar or obscene. WML reserves the right to refuse registration of, or cancel a Forum ID in its discretion. You are responsible for maintaining the confidentiality of your Forum ID password.

  1. FORUM PARTICIPANT CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by WaveMachine Labs.

By way of example, and not as a limitation, you agree not to use the Services:

  1.  
    1. to abuse, harass, threaten, impersonate or intimidate other participants;
    2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
    3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
    4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any WaveMachine Labs user;
    5. to create or submit unwanted email ("Spam") to any other WML Website users or any URL;
    6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
    7. to submit comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
    8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the WML Websites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the WML Websites or any activities conducted on the WML Websites; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
    9. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    10. attempt to impersonate another user or person;
    11. sell or otherwise transfer your profile.

IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE, MANIPULATE OR OTHERWISE AFFECT THE WEBSITE IN ANY MANNER.

WML may remove any Content and Forum Participant accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: info “at” drumagog “dot” com

You are solely responsible for your interactions with other users of the WML Websites. WML reserves the right, but has no obligation, to monitor disputes between you and other users.

  1. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

By submitting Content to the WML Websites and forums, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/ and that you will not object to the use of the Content by WML in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission.

  1. COPYRIGHT COMPLAINTS

WaveMachine Labs respects the intellectual property of others. It is WML’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. WML will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, WML may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. WML will terminate access for forum participants and account holders who are repeat infringers.

Notifying WML of Copyright Infringement: To provide WML notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of info “at” drumagog “dot” com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing WML with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide WML with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at info “at” drumagog “dot” com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

  1. PRIVACY POLICY

WML’s current privacy policy is available at http://www.drumagog.com/privacy-policy (the "Privacy Policy"), which is incorporated by this reference.

  1. INDEMNITY

You will indemnify and hold harmless WML, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Forum ID, of any intellectual property or other right of any person or entity.

  1. WARRANTY DISCLAIMERS

You acknowledge that WML has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release WML from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. WML makes no representations concerning any content contained in or accessed through the Site or Services, and WML will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE WEBSITES, CONTENT, AND FORUMS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. LINKS

Forum Participants may reference, or third parties may provide, links to other Websites or resources. Because WML has no control over such sites and resources, you acknowledge and agree that WML is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WML shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL WAVEMACHINE LABS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. TERMINATION

WML may terminate or suspend any and all Website Content or Services and your Forum ID account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your WML Website account or your Forum ID, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind WML in any respect whatsoever. 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. WML shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WML's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with WML's prior written consent. WML may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Illinois, as if made within Illinois between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Cook County, Illinois and the United States District Court for the Northern District of Illinois. Notwithstanding the foregoing sentence, (but without limiting WML’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Chicago, Illinois using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

  1. TRADEMARKS

WaveMachine Labs, Auria, Drumagog, Voice Band, iGOG and other WML graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of WaveMachine Labs, Inc. in the U.S. and/or other countries. WML's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on the WML Websites may not be used by partner and third party sites without providing appropriate links to a WML website.