Last updated on: 09/18/2023
The following terms and conditions (these "Terms") govern your access to and use of the websites of Waves Audio Ltd. and its subsidiaries and affiliates (collectively, "Waves," "our," “we,” or "us") located at waves.com (together with any sub-domains thereto, including, but not limited to, apps.waves.com and future websites the Waves operates), including any content, functionality, accounts, and services offered on or through such website (collectively, the “Website”), whether as a guest or a registered user.
Please read these Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, our Privacy Notice and our Cookie Notice (each of which is incorporated herein by reference) and all applicable laws and regulations.
Please be advised that by subscribing to our services or purchasing our product licenses, you will also be subject to the relevant user agreement that applies to the specific license or subscription you purchased, each of which can be found at Master Service Agreement (each a “User Agreement”). If there is any conflict between these Terms and any User Agreement, the User Agreement will govern with respect to that particular product or service.
IMPORTANT NOTICE: THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE SERVICES AND PLATFORM (EACH AS DEFINED BELOW). IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE GOVERNING LAW/JURISDICTION AND MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS SECTION BELOW. PLEASE READ CAREFULLY.
1. Right to Use the Website
Waves grants you a personal, non-exclusive right to use the Website. The Website remains the sole property of Waves or its third-party licensors or providers. The Website is protected by copyright, trademark, and other U.S. and foreign laws. These Terms do not grant you any right, title, or interest in the Website or Waves trademarks, logos, or other brand features.
Persons creating Accounts (as defined below) agree as a condition of use that they are (i) 18 years of age or older; or (ii) if under 18, have parental permission to access materials and are over 13 years of age.
If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you can agree to these Terms on behalf of such organization and all references to “you” throughout these Terms will include such organization, jointly and severally with you personally.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule, or regulation prohibits you from accessing the Website, you may not access it.
3. Permitted Use
You may only use the Website and the Services for lawful purposes and in accordance with these Terms. All commercial and/or unauthorized use of the Website or any Service is strictly prohibited. You agree not to use the Website or any Service:
The Website contains certain areas and contents that are accessible to all persons and contains areas that may be accessed only by valid, active account holders after login with assigned username and password credentials through a personal user account (“Account”). You shall provide accurate, complete, and current Account information and, as applicable, timely update the same. You are solely responsible for the activity that occurs on the Account, including usage via any interfaces or connectors to the Account, and for keeping your Account credentials secure. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You shall remain solely responsible for the activity arising out of any failure to keep your Account details confidential and notify Waves promptly of any breach of security or any known unauthorized use of the Account. Notwithstanding deletion of the Account, Waves may retain your data as reasonably necessary for compliance with applicable law. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, using any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
Waves offers various services through this Website (collectively, the “Services”), including, but not limited to, a service for mastering your Audio Content (“Masters”) and online courses and informative tutorials to the Website’s users (“Online Courses”). We do not offer a refund for any reason for cancellations of an Online Course or for credits for Masters.
To ensure you can successfully participate in the Services, we recommend that you review the performance of your technology, as we cannot accept any responsibility for slow loading, latency, or failure to view or access streamed sessions, recordings, audio, or other online content forming part of any Service. We reserve the right to limit the use of any Service to any person, geographic region, or jurisdiction. All Service descriptions and pricing are subject to change at any time without notice, at our sole discretion. Additionally, we reserve the right to discontinue any Services at any time.
The Service for creating Masters allows you to upload your Audio Content, use our tools to master your Audio Content to create Masters, purchase your final processed audio directly via our Service, and keep track of applicable Masters under your User Account, depending on the Services you have purchased and written notices through our Service. You acknowledge and agree that Waves is not obliged to create and maintain archival records and copies of any Masters at any time, provided, however, Waves uses reasonable efforts to keep copies of originals and masters as per the Online Mastering FAQ which “Audio Content” means any audio content, such as your mixes in .wav, mp3, or any other audio format supported by the Service and any contained meta data or other information that you submit in direct connection with such audio files (e.g., song name, artist name, genre, etc.), that you upload to the Service for the purpose of using the Service and creating a Master(s), which is considered a “Private User Submission” as per Section 6 below. You may only upload to the Website Audio Content in which you have all necessary intellectual property rights and licenses required to use the Master Service and to grant to Waves the related rights and license as set forth in these Terms.
WAVES DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY MASTER WILL MEET YOUR REQUIREMENTS. Waves makes no warranty or representations regarding the use of any Service or Master in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. You acknowledge that each Master is provided to you “As Is.” Your use of the Websites and Services is solely at your own risk.
Please be aware that although we might offer a “Waves Certificate” upon completion of an Online Course, we offer no professional accreditation in connection with our Online Courses by issuance of this certificate or otherwise. Descriptions and fees for our Online Courses may be found on the Website.
6. User Submissions; Feedback
The Website contains message boards, chat rooms, personal web pages or profiles, forums and bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Submissions”). User Submissions are public by default. However, the Website may permit you to designate some User Submissions (such as, for example, presets) as "private" solely for your own use (in accordance with the instructions set forth on the Website) (collectively with Audio Content, “Private User Submissions”); provided, however, that once you have uploaded a User Submission to the Platform as public (i.e. without a “private” designation), such User Submission always will be considered a “Public User Submission." Accordingly, Public User Submissions may not be designated as a Private User Submission at any time after the initial submission, and any and all licenses you have granted thereto pursuant to these Terms will continue in accordance with its terms. By posting User Submissions, you agree that you are solely responsible for your User Submissions and the consequences of posting, publishing, or uploading them and that Waves is not responsible or liable for any User Submissions.
We do not guarantee any confidentiality with respect to any Public User Submissions. You acknowledge that all Public User Submissions may be viewed by other users of the Website and on public search engines. We will not include any Private User Submissions in Website search results, and only you will be able to access the Private User Submissions, subject to the Waves Privacy Notice. Notwithstanding the foregoing, if you share any Private User Submissions via link with any third party, the link will be able to be redistributed with no limitation. These Terms don’t give us any rights to your User Submissions, except for the limited rights necessary to enable us to offer the Website and provide the Services and as otherwise set forth in the Waves Privacy Notice. However, any Public User Submissions you post to the Website will be considered non-confidential and non-proprietary, and, accordingly, Waves and all third parties have the right to reproduce, distribute, create derivative works of, and otherwise use of your Public User Submissions for any purpose, and you hereby waive any moral rights in your Public User Submissions to the extent permitted by law.
You can submit to Waves via the Website or otherwise questions, comments, suggestions, and ideas ("Feedback"). Any Feedback you provide to us shall be deemed to be non-confidential and non-proprietary, and, accordingly, Waves shall be free to use such information on an unrestricted basis.
You agree that you will not post any of the following prohibited content anywhere on the Website or upload to any Service:
7. Monitoring and Enforcement
We have the right to:
We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
Fees for Masters, Online Courses, other Services, licenses, and products are posted on the Website. Waves may at any time, without notice or upon notice as required by applicable law, change the prices of any of its offerings, institute news charges or fees, or change the conditions associated with particular fees. Failure to pay Service fees in a timely fashion will result in discontinuation of Service.
To make any purchases from the Website, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Alternatively, you may contact sales at https://www.waves.com/contact-us. All prices advertised are subject to such changes and, unless otherwise indicated, are in US Dollars.
While we try and ensure that all details, descriptions, and prices that appear on the Website are accurate, errors might occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid, you will receive a full refund.
9. Digital Millennium Copyright Act Notice
Waves responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act and works to ensure that content on the Website does not infringe upon copyrights of third parties. If you believe that your copyrights have been infringed, please notify our DMCA designated agent as follows:
Waves’ copyright agent for notice of claims of copyright infringement can be reached as follows. Waves Audio
DMCA Designated Agent
10. Data Protection and Privacy
Please review the Waves Privacy Notice, which govern collection, use, and disclosure of your personal information, including all data associated with your use of the Website.
We strive to provide great Services, but there are certain things that we can't guarantee. WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE WEBSITE OR SERVICES. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE APPLICABLE USER AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. WAVES AND ITS THIRD-PARTY LICENSORS OR PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE APPLICABLE USER AGREEMENT, WAVES AND THIRD-PARTY LICENSORS OR PROVIDERS MAKE NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF THE WEBSITE. THE WEBSITE MAY BE INCOMPLETE OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE WEBSITE.
Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you, in which case the duration of any such implied warranties is limited to the minimum period permissible under applicable law.
12. Limitation of Liability
NEITHER WAVES NOR ANYONE ELSE CONNECTED WITH THE WEBSITE IN ANY WAY CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR THIRD-PARTY LICENSORS OR PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. WAVES SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE.
EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE APPLICABLE USER AGREEMENT, UNDER NO CIRCUMSTANCES WILL WAVES’ DIRECT LIABILITY ARISING OUT OF USE OF THE WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID WAVES FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Waves and its officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands, or costs of any kind, including reasonable attorneys' fees and costs of litigation, arising from your violation of these Terms.
14. Third-Party Vendors
Your correspondence or business dealings with, or participation in promotions of, third-party vendors found on or through the Website are solely between you and such advertiser or third-party vendor. Any question, complaints, or claims should be directed to the appropriate third-party vendor. You agree that Waves shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party vendors on the Website.
16. Force Majeure
Waves will not be liable for any failure of performance to the extent such failure is due to any cause or causes beyond Waves’ reasonable control, including acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar labor difficulties, war, sabotage, pandemic, internet-access issues, denial of service attacks, shortage or unavailability of supplies, and other mechanical, electronic, or communications failures or degradation. Waves’ invocation of this clause will not relieve you of your obligation to pay any fees owed to Waves.
17. Governing Law/Jurisdiction and Arbitration/ Waiver of Class Actions
These Terms and the interpretation of these Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, or the Uniform Computer Information Transactions Act (UCITA). Any cause of action or claim you might have with respect to these terms must be commenced within one (1) year after such claim or cause of action arises or shall be deemed waived.
EXCEPT WITH RESPECT TO THE PROTECTION AND ENFORCEMENT OF WAVES’ INTELLECTUAL PROPERTY RIGHTS AND ITS RIGHTS TO SEEK AND/OR OBTAIN INJUNCTIVE OR EQUITABLE RELIEF (AND SUCH RIGHTS OF ITS THIRD-PARTY LICENSORS AND PROVIDERS), ANY CLAIM, CAUSE OF ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE RESOLVED BY MANDATORY, BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK, NEW YORK, AND THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION.
EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY AND ALL RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. ALL CLAIMS AND DISPUTES ARISING OUT OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.
18. Severability; English Language
If any provision in these Terms should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from these Terms if no such modification is possible, and the other provisions of these Terms shall remain in full force and effect. The controlling language of these Terms is English. If you have received a translation into another language, it has been provided for your convenience only.
We retain the right, at our sole discretion, to modify these Terms at any time. Whenever we modify these Terms in substance, the label “updated” will be displayed next to the link "Website Terms" in the footer to the Website, which link leads to these Terms. The “updated” label will be removed after thirty (30) days or when you visit the updated Terms to read them, whichever comes sooner. Please make sure you read the updated Terms before using the Website.
If any portion of these Terms is unacceptable to you or will cause you to no longer be in compliance with these Terms, you should discontinue use the Website and all Services. Your use of the Website now or following changes in these Terms means that you have accepted and are bound by the changes. It is therefore important that you check the current version available from time to time and ensure you are updated as to any changes.
20. Entire Agreement
These Terms constitute the entire agreement between you and Waves with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under these Terms in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.
If you have any questions about these Terms, please contact Waves Orders.