Terms of Use
ACCEPTANCE OF TERMS
These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at wave-base.com (collectively, the “Site”).
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
The Site reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Site grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
YOUR USE OF THE SITE
You understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Site, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Site. The Site does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Site be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Site.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any the Site server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any the Site's account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Site’s systems or networks, or any systems or networks connected to the Site.
You agree not to use any manual, device, software, routine or other ways to interfere with or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Site on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Site or others.
You agree that you will not use the Site to:
- upload, post, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- harm minors in any way;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Site or the interests or property of the Site users;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- intentionally or unintentionally violate any applicable local, state, national or international law.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites (“Linked Sites”).
Such Linked Sites are not under the Site’s control, and the Site is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
You will need to make your own independent judgment regarding your interaction with these Linked Sites.
DISCLAIMER OF WARRANTIES
THE SITE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE SITE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY THE SITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE SITE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Site reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will the Site be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Site has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, the Site is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, the Site’s liability shall in no event exceed the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) US$100.00.
INDEMNITY
You agree to indemnify and hold the Site, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Site by any third party due to or arising out of or in connection with your use of the Site.
CONTRIBUTIONS TO THE SITE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to the Site through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) The Site is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) The Site shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) The Site may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of the Site without any obligation of the Site to you; and (f) you are not entitled to any compensation or reimbursement of any kind from the Site under any circumstances.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Site of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. the Site cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Site (including Content, advertisements, Software and the Site ID).
PRIVACY
The Site’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Site’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
VIOLATION OF THESE TERMS OF USE
You agree that the Site may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Site, for which monetary damages would be inadequate, and you consent to the Site obtaining any injunctive or equitable relief that the Site deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Site may have at law or in equity.
You agree that the Site may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If the Site does take any legal action against you as a result of your violation of these Terms of Use, the Site will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Site. You agree that the Site will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
MISCELLANEOUS
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and the Site with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and the Site with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with the Site, the Site will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Site’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Site of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Site and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
This document is the original version (the English version). If there is any difference or a contradiction between This Document and the translated version, the original version will be given priority.