Welcome to XwavApp terms and conditions of Use.
XWAV (“XWAV”, “we”, “us”, “our”) provides a streaming platform and other services around the world. By signing up or otherwise using the XWAV service, websites, and software applications (together, the “XWAV service” or “service”), or accessing any content or material that is made available by XWAVthrough the Service (the “Content”) you are entering into a binding contract with XWAV.
You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with(or cannot comply with) the Agreements, then you may not use the XWAV service or consume any Content.
2.1 In order to use and access to the service and content, you must have the capacity to enter a binding contract with us;
a) be 18 or older, or
b) be 13 or older and have your parent or guardian’s consent to the Agreements,
2.2Any registration information that you submit to XWAV is true, accurate, authenticated, copyrighted and complete, and you agree to keep it that way at all times.
3. Changes to the Agreement
3.1 We may, in our discretion, make changes to the Agreements.
3.2 Sufficient Notice by displaying a notice within the Service or by sending you an email will be given.
3.3 Your continued use of the Service after the changes have been made will constitute your acceptance of the changes.
3.4 If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service Contact form.
4. Subscription and Preview
4.1 It is our discretion to offer previews of paid subscriptions for a specified period without payment until the payment of a subscription.
4.2 If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable paid subscription through your XWAV account’s subscription page or terminate your XWAV account before the end of the recurring monthly period.
4.3 Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, XWAV will not refund any fees that you have already paid. The limitation section sets forth additional terms regarding the cancellation of your paid subscription.
5. Rights we grant you
5.1 The XWAV Service and the Content are the property of XWAV or XWAV's licensors.
5.2 We grant you a limited, non-exclusive, revocable license to make use of the XWAV Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or XWAV.
5.2.1 You agree that you are using the Content for your own personal, non-commercial; entertainment use and that you will not redistribute or transfer the XWAV Service or the Content.
5.3 The XWAV software applications and the Content are licensed, not sold, to you, and XWAV and its licensors retain ownership of all copies of the XWAV software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). The content is not for public use subject to section 11.3.
5.4 All XWAV trademarks, service marks, trade names, logos, domain names, and any other features of the XWAV brand (“XWAV Brand Features”) are the sole property of XWAV or its licensors. The Agreements do not grant you any rights to use any XWAV Brand Features whether for commercial or non-commercial use.
5.5 You agree to abide by our User guidelines and not to use the XWAV Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, XWAV grants no right, title, or interest to you in the XWAV Service or Content.
6. Third Party Applications
6.1 The XWAV Service is integrated with third-party applications, websites, and services
(“Third Party Applications”) to make available content, products, and/or services to you.
6.2 The Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies.
6.3 You understand and agree that XWAV does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provide Rights you grant us
7.1 In consideration for the rights granted to you under the Agreements, you grant us the right;
7.1.1 To allow the XWAV Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service,
7.1.2 To provide advertising and other information to you, and
7.1.3 To allow our business partners to do the same. In any part of the XWAV Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by XWAV may contain advertising as part of the Content. In such cases, XWAV will make such Content available to you unmodified.
7.2 If you provide feedback, ideas or suggestions to XWAV in connection with the XWAV Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize XWAV to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
8. User guidelines
XWAV respects intellectual property rights and expects you to do the same.
8.1 The following is not permitted for any reason whatsoever:
8.1.1 copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the XWAV Service or the Content, or otherwise making any use of the XWAV Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the XWAV Service or the Content or any part of it;
8.1.2 using the XWAV Service to import or copy any local files you do not have the legal right to import or copy in this way;
8.1.3 transferring copies of cached Content from an authorized Device to any other
184.108.40.206 Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the XWAV Service, Content or any part thereof unless permitted by applicable law;
8.1.4 circumventing any technology used by XWAV, its licensors, or any third party to protect the Content or the Service;
8.1.5 selling, renting, sublicensing or leasing of any part of the XWAV Service or the Content;
8.1.6 artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
8.1.7 removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the XWAV Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
8.1.8 providing your password to any other person or using any other person’s username and password;
8.1.9 “crawling” the XWAV Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from XWAV; or
8.1.10 selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
8.2 You shall not engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
8.2.1 is offensive, abusive, defamatory, pornographic, threatening, or obscene;
8.2.2 is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of XWAV or a third party;
8.2.3 includes your password or purposely includes any other user’s password or 8.2.4 purposely includes personal data of third parties or is intended to solicit such personal data;
8.2.4 includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
8.2.5 is intended to or does harass or bully other users;
8.2.6 impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
8.2.7 uses automated means to artificially promote content;
involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the XWAV inbox;
8.2.8 involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are neither expressly nor impliedly authorized by XWAV;
8.2.9 links to, references, or otherwise promotes commercial products or services, except as expressly authorized by XWAV;
8.2.10 interferes with or in any way disrupts the XWAV Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or XWAV’s computer systems, network, usage rules, or any of XWAV’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
8.2.11 conflicts with the Agreements, as determined by XWAV.
8.3 You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your XWAV account. You also agree that XWAV may also reclaim your username for any reason.
8.4 The XWAV Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about your public. shared or publicly available information may be used and re-shared by other users on XWAV or across the web, and XWAV has no responsibility for your choices to post material on the Service.
8.5 Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Infringement and reporting User Content
XWAV respects the rights of intellectual property owners and abides by XWAV’s copyright policy.
9.1 Any Content infringement of your intellectual property rights or other rights, reported to XWAV shall be dealt with or addressed with the absolute discretion of XWAV and without prior notification to the provider of that Content.
9.2 If the provider believes that the content is not infringing, the provider may submit a counter-notification to XWAV with a request to restore the removed content. If you believe that any Content does not comply with the User guidelines, please fill out our notice form.
10. Service limitations and modifications
XWAV will make reasonable efforts to keep the XWAV Service operational.
10.1 Any technical difficulties or maintenance may, from time to time, result in temporary interruptions.
10.2 To the extent permissible under applicable law, XWAV reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the XWAV Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the XWAV Service or any function or feature thereof.
10.3 Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that XWAV permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), XWAV will refund you the prepaid fees for the Pre-Paid Period after such discontinuation.
10.4 You understand, agree, and accept that XWAV has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
10.5 This section will be enforced to the extent permissible by applicable law.
10.6 XWAV may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
11. Brand Accounts
11.1 If You establish an XWAV account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable.
11.2 If you open a Brand Account, you bind the Brand to the Agreements.
The Brand may not stream media unless licensed by XWAV. The Brand must complete the contact form on the XWAV website. The Licence will be subject to a differently rated User fee.
11.4 Brand Playlists and Sharing
The Brand may not advertise, create or share any XWAV playlists, whether within the XWAV Service or elsewhere, that implies an endorsement or relationship between the Brand and any artist or any other party unless the Brand has independently obtained the rights to imply such an endorsement.
12. Customer support
12.1 For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website.
12.2 We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
13. Payments and Cancellations
13.1 Paid Subscriptions can be purchased directly from XWAV or through a third party, such as a telephone company, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the XWAV Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to XWAV immediately.
13.2 Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to XWAV will automatically renew at the end of the subscription period unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period.
13.3 The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Preview Mode of the content. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
13.4 If you believe you are entitled to receive a refund of any monies paid to XWAV, please contact Customer support.
13.5 XWAV may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the XWAV Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the XWAV Service prior to the price change going into effect. Please, therefore, make sure you read any such notification of price changes carefully.
14. Term and termination
14.1 The Agreements will continue to apply to you until terminated by either you or XWAV. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will, therefore, continue after expiry or termination of any of the Agreements for any reason. XWAV may terminate the Agreements or suspend your access to the XWAV Service at any time, including in the event of your actual or suspected unauthorized use of the XWAV Service and/or content, or non-compliance with the Agreements.
14.2 If you or XWAV terminate the Agreements, or if XWAV suspends your access to the XWAV Service, you agree that XWAV shall have no liability or responsibility to you, and XWAV will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your XWAV account, please contact us through the Customer Service contact form which is available on our About Us page.
14.3 This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
15. Warranty and disclaimer
15.1 We endeavor to provide the best service we can, but you understand and agree that the XWAV service is provided“ as is” and “as available”, without express or implied warranty or condition of any kind. You use the XWAV service at your own risk.
15.2 To the fullest extent permitted by applicable law, XWAV and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
15.3 Neither XWAV nor any owner of content warrants that the XWAV service is free of malware or other harmful components. In addition, XWAV makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the XWAV service or any hyperlinked website, or featured in any banner or other advertising.
15.4 You understand and agree that XWAV is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or through the XWAV service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from XWAV shall create any warranty on behalf of XWAV in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
15.5 This does not affect your statutory rights as a consumer.
16. Limitation and time for filing
16.1 You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the XWAV service is to uninstall any XWAV software and to stop using the XWAV service.
16.2 XWAV accepts no responsibility for third-party applications or the content thereof, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to XWAV, for any problems or dissatisfaction with third-party applications or the content thereof, is to uninstall and/or stop using any such third-party applications.
16.3 To the fullest extent permitted by law, in no event will XWAV, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for
16.3.1 any indirect, special, incidental, punitive, exemplary, or consequential damages;
16.3.2 any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the XWAV service, third-party applications, or third party application content, regardless of legal theory, without regard to whether XWAV has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or
16.4 Nothing in the Agreements removes or limits XWAV’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
16.5 To the fullest extent permitted by applicable law, you agree that any claim against XWAV must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
17. Third party rights
17.1 You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you.
17.2 Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you andXWAV, and in no event, shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
17.3 If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or any other App store, you acknowledge that you have read, understood, and agree to the following notice regarding the third-party. This Agreement is between you and XWAV only, not with the third-party, and the third-party is not responsible for the Service and the content thereof.
18. Entire Agreement
18.1 Other than as stated in this section or as explicitly agreed upon in writing between you and XWAV, the Agreements constitute all the terms and conditions agreed upon between you and XWAV and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
18.2 Other aspects of your use of the XWAV Service may be governed by additional agreements that you will have an opportunity to agree to additional terms. To the extent that there is an irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
19. Severability and waiver
19.1 Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
19.2 Any failure by XWAV or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive XWAV’s or the applicable third-party beneficiary’s right to do so.
XWAV may assign the Agreements or any part of them, and XWAV may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold XWAV harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of your breach of this Agreement; any User Content; any activity in which you engage on or through the XWAV Service; and your violation of any law or the rights of a third party.
22. Dispute Resolution
Arbitration is the elected mode of dispute resolution in this agreement. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive the termination of the Agreements.
22.1 Dispute resolution and arbitration
All disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration.
22.2 Any dispute, claim, or controversy between you and XWAV arising in connection with or relating in any way to these Agreements or to your relationship with XWAV as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration.
22.3 The arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim.
22.4 No Class or Representative Proceedings: Class Action Waiver. YOU AND XWAV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and XWAV agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
22.5 Arbitration Rules
22.5.1 Either you or we may start arbitration proceedings. Any arbitration between you and XWAV will take place under the Rules of the Chartered Institute of Arbitration.
22.5.2 A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or XWAV may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section
22.1 shall govern any claim in court arising out of or related to the Agreements.
23. Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the governing laws of the country where XWAV is registered.
Further, you and XWAV agree to the jurisdiction of your resident country to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under section 22.
XWAV does not accept any codes of conduct as mandatory in connection with the services provided under this agreement. Thank you for reading our Terms. We hope you enjoy XWAV.