I. ACCEPTANCE OF TERMS
Blue Wave Video herein referred to at BWV provides the services subject to these Terms of Service (“TOS”), which may be updated periodically without prior notice. Failure to act in accordance with these TOS may result in cancellation of your service, access to private content or registration in this site.
You agree to indemnify and hold BWV, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of content, you use of products or services or your use of links within the membership, your violation of the TOS, or your violation of any rights of another. The user is solely responsible for his or her actions when using BWV, including, but not limited to, costs incurred for Internet access.
V. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to meet the terms of all local rules regarding online conduct.
VI. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BWV may be required to send you correspondence – either email or through the post – regarding your use of our services. We will never ask you to submit additional personal information or verify the status of information related to your account in any email.
VII. MODIFICATIONS TO SERVICE
BWV reserves the right to modify, discontinue (temporarily or permanently) your services at any time. You agree that BWV shall not be liable to you or any third party for any modification, suspension or discontinuance of the membership.
You agree that BWV at it’s sole discretion, may terminate your account, for any reason, including, and without limitation, if BWV believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BWV may also, at its sole discretion and at any time, discontinue providing services, with or without notice. All subscription payments would cease and desist if services are terminated.
We may provide links to other web sites or resources. Because BWV has no control over such sites and resources, you acknowledge and agree that BWV 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 BWV 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.
X. PROPRIETARY RIGHTS
You acknowledge and agree BWV may contain proprietary and confidential information protected by applicable laws governing intellectual property, proprietary rights and the like. All BWV code and specifications, and all other code and specifications, are subject to their express or implied licenses. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BWV or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the content or services, in whole or in part.
Submission of Ideas
BWV accepts and encourages the submission of ideas for content.
XI. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE:
(a) YOUR USE OF BWV IS AT YOUR SOLE RISK. BWV IS PROVIDED ON AN “AS IS” BASIS. BWV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) BWV MAKES NO WARRANTY (i) SERVICES WILL MEET YOUR REQUIREMENTS, (ii) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS MAY BE OBTAINED FROM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BWV SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
XII. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BWV SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BWV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
XIII. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and BWV and governs your use our services, superseding any prior agreements between you and BWV (including, but not limited to, any prior versions of the TOS) and any prior representations by BWV. The laws of the State of Ohio, U.S.A, shall govern the TOS and the relationship between you and BWV without regard to its conflict of law provisions. You and BWV agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hamilton, Ohio, U.S.A.
The failure of BWV to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Report any violations of Terms of Service to Gail@BlueWaveVideo.com.
BWV may at any time revise these Terms of Service by updating this posting. By using our services you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.