Last Updated: March 19, 2021
Terms and Conditions
- ACCEPTANCE OF THESE TERMS AND CONDITIONS.
- MODIFICATION OF THESE TERMS AND CONDITIONS.
These Terms may be modified by Blue Wave Voiceover from time to time and such revised Terms shall be posted on the Site stating the date of the most recent revisions. Continued access to the Site or the Service by you will constitute your acceptance of any changes or revisions to these Terms. We reserve the right to discontinue the Service, or change the content or formatting of the Service, at any time without notice to you, and/or to require your immediate discontinuation of any specific use of the Service.
- a) Eligibility:You must be a legal resident of the United States and eighteen (18) years old in order to register to use the Service. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the policies set forth herein.
- c) Access to the Service:You shall provide all equipment and software necessary to connect to the Service, including, but not limited to, a desktop computer, laptop or mobile device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Service. You are responsible for maintaining the confidentiality of any username and password that you designate during the account registration process on the Service, and you are fully responsible for all activities that occur under your username and password.
- OWNERSHIP; USE OF SERVICE; SECURITY; THIRD PARTY SITES.
The Service is a method to provide coaching, consulting and/or training services to actors, voice over artists or entertainers. You acknowledge the following in connection with your Use of the Service:
- a) Ownership of Services: The Service, is and shall at all times remain the property of Blue Wave Voiceover. All applicable rights in patents, copyrights, trade secrets, and trademarks, are and shall at all times remain the property of Blue Wave Voiceover. You shall not modify the format or branding of the content provided in the Service (“Content”), or add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by Blue Wave Voiceover, our affiliates or licensors and is protected by intellectual property laws.
- b) Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service and access the Content on a designated compatible device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of, or otherwise use or make available the Content or the Service except as expressly provided for in these Terms.
- c) Use of the Account; Prohibited Activities: You agree to use the Services in compliance with these Terms and any other policies issued by Blue Wave Voiceover relating to the use of the Service. You may not use the Service in any manner that is unlawful or share access to your Account with others. You are responsible for all actions taken via your Account. The following actions are strictly prohibited and you agree that with respect to the Service you shall not:
- Impersonate any other person or entity.
- Threaten, stalk, intimidate or otherwise harass any person.
- Express or imply that any statements you make or that Properties you upload to the Service are endorsed by Blue Wave Voiceover without our specific prior written consent.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited.
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Remove any copyright, trademark or other proprietary rights notices contained in the Service.
- Interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the Site.
- Post, email or otherwise transmit 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.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- “Frame” or “mirror” any part of the Service or the Site.
- Use meta tags or code or other devices containing any reference to Blue Wave Voiceover or the Service in order to direct any person to any other web site for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
You agree to indemnify, defend and hold harmless Blue Wave Voiceover, and its directors, officers, agents, representatives, employees, successors and assigns, from and against any and all claims, demands, actions, losses, damages, injuries, obligations, liabilities and costs and expenses of every kind or nature (including reasonable attorneys’ fees, whether incurred at the trial or appellate level, in an arbitration proceeding, in bankruptcy, including without limitation, any adversary proceeding, contested matter or motion or otherwise) incurred by Blue Wave Voiceover in such proceeding, arising out of or related to your use of the Service that constitutes a breach of these Terms. You shall provide Blue Wave Voiceover with written notice of any legal proceeding or arbitration in which You are named as a defendant and that alleges defects in the Service within ten (10) days after you receive written notice of such action. The obligations set forth in this Section 5 shall survive termination of your Account.
- NO WARRANTY; LIMITATION OF LIABILITY
Blue Wave Voiceover makes no representations or warranties regarding the Service or Content therein and is not liable to you with respect to your use of the information, content, or material contained on the Site. You acknowledge and agree that under no circumstances will Blue Wave Voiceover, its owners, employees, representatives, agents or its partners, be liable to you for any loss or damage to any physical property that you may incur as a result of or related to, any use of the Service. Blue Wave Voiceover will not be liable for any delays in the receipt of any messages or access to the Services. Although we strive to assist all of our clients to become better softball players, Blue Wave Voiceover and/or Maria Pendolino make no representations or guarantees that signing up for any consulting or coaching programs will result in improved softball skills or admission or scholarship to any college or university. In addition, Blue Wave Voiceover and/or Maria Pendolino will be liable or responsible for any injuries that may result from any instruction or drill that is recommended.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY OF THE SERVICE OR CONTENT THEREIN IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, CONTENT AND ANY THIRD PARTY SERVICES OR THIRD PARTY MATERIALS PROVIDED TO YOU THROUGH THE SERVICE OR ANY THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BLUE WAVE VOICEOVER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, CONTENT AND ANY THIRD PARTY SERVICES OR MATERIALS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BLUE WAVE VOICEOVER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED THEREIN OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE OPERATION OF THE SERVICE, CONTENT OR THIRD PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLUE WAVE VOICEOVER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. SHOULD THE SERVICES, CONTENT OR THIRD PARTY PRODUCTS OR MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE, CONTENT OR THIRD PARTY PRODUCTS AND MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITED BY LAW, IN NO EVENT SHALL BLUE WAVE VOICEOVER OR ANY OF ITS OWNERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR PERSONAL INURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, CONTENT OR THIRD PARTY PRODUCTS AND MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BLUE WAVE VOICEOVER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BLUE WAVE VOICEOVER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS (US$5). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Each of the following shall be deemed a Default under these Terms for which Blue Wave Voiceover may terminate your Account or suspend access to the Services:
- Breach of any of your other obligation under these Terms; The closure, termination, cancellation, or change to your credit card without the delivery of a newly executed authorization to Blue Wave Voiceover as required; or
- The commencement of either a voluntary or involuntary action under any bankruptcy, insolvency or other similar law of the United States of America or any state thereof or of any other country or jurisdiction; or
- If you disclose, or allow any other person to use your username and password to access the Service, or disclose any other person’s username or password to any third person without consent.
- RIGHTS AND REMEDIES
- a) Upon the occurrence of an Event of Default, Blue Wave Voiceover may, at its sole option and without limitation or election as to other remedies available pursuant to these Terms or at law or in equity, exercise one or more of the following remedies:
- Deactivate your Account or suspend your access to the Service or any component of the Service; and/or
- Terminate your Account and the licenses to the Content granted hereunder; and/or
- Require the prompt return of all Products or Software provided by Blue Wave Voiceover or any third party partner, and anything included with the Service.
- b) If Blue Wave Voiceover deactivates your Account or suspends the Service because of a Default by User, but does not otherwise terminate your Account under these Terms, you will be entitled to seek to have the Service reactivated provided that you cure any and all existing defaults, and to pay any and all outstanding amounts owed under the Subscription Agreement. After curing of such defaults and the receipt of payment of such amounts, Blue Wave Voiceover shall reactivate the Account and the Service within twenty-four (24) hours.
- c) In the event that Blue Wave Voiceover institutes any action for the collection of amounts due and payable hereunder, You shall be obligated to pay the amounts due and payable under these Terms, all reasonable costs and attorney’s fees incurred by Blue Wave Voiceover in connection with collecting unpaid amounts under these Terms. You expressly waive all rights to possession or use of the Service after the occurrence of a Default, and waive all claims or losses caused by or related to any suspension or termination of your Account.
- d) Blue Wave Voiceover’s failure or delay in exercising any right or remedy under these Terms shall not operate as a waiver thereof or of any subsequent breach or of such right or remedy.
- e) Blue Wave Voiceover’s rights and remedies are cumulative, not exclusive, and no exercise of any remedy shall preclude the exercise of another remedy.
- f) You agree that a breach of these Terms will cause irreparable injury to Blue Wave Voiceover for which monetary damages would not be an adequate remedy and Blue Wave Voiceover shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
- TERMINATION OF SERVICE
- a) You may terminate your Account or the Subscription Agreement at any time by deleting your Account and returning any Product or Software provided by Blue Wave Voiceover, and anything included with the Service which has been provided to you by Blue Wave Voiceover.
- b) Notwithstanding anything provision to the contrary in these Terms, Blue Wave Voiceover may terminate the Service, your Account for any reason without notice, including without limitation, a Default by you. Blue Wave Voiceover shall have no liability to you in the event the Service is terminated without cause, except as required under applicable law.
- NOTICES; COPYRIGHTS
All Notices by Blue Wave Voiceover shall be sent to you by electronic mail. All Notices by you shall be sent by facsimile, provided such Notice is followed by certified mail, return receipt requested, postage prepaid, or overnight delivery service to the address provided by you during the registration process. Notices shall be deemed to have been delivered when sent, if delivered by email or sent by facsimile; or one (1) day after the day deposited with an overnight delivery service.
In connection with the Services, Blue Wave Voiceover has adopted and implemented a policy respecting the copyright law that provides for the termination, in appropriate circumstances, of users who are infringers of intellectual property rights, including copyrights.
- DIGITAL MILLENIUM COPYRIGHT ACT
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blue Wave Voiceover designated Copyright Agent to receive notifications of claimed infringement is Maria Pendolino, firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Blue Wave Voiceover customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Blue Wave Voiceover may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Blue Wave Voiceover’s sole discretion.
Please note that pursuant to 17 U.S.C. Section 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Blue Wave Voiceover in connection with the written notification and allegation of copyright infringement.
- GENERAL PROVISIONS
- b) Term.This Agreement shall be effective and binding upon the parties until terminated by either you or Blue Wave Voiceover.
- c) Assignment.Blue Wave Voiceover may at any time assign or transfer its interests in the Services, the Site or the Subscription Agreement to any third party. You may not at any time assign or transfer its interests in this Agreement to any other third party.
- d) No Waiver.No waiver or consent by Blue Wave Voiceover for any Default committed by you under these Terms shall be deemed effective unless in writing. No waiver or consent by Blue Wave Voiceover, whether express or implied, shall constitute a consent to or waiver of any other or subsequent Default.
- e) Survival.Except as specifically provided in these Terms, all agreements, obligations, representations and warranties made by you contained herein shall survive the expiration or other termination of your Account.
- f) Severability.If any provision of these Terms is unenforceable, such unenforceability shall not affect the enforceability of the remaining provisions of these Terms.
These terms of service were last updated on March 19, 2021.