Welcome to 9Waves, a service provided to you by 9Waves B.V. (“9Waves”, “we” “our”, “us”) established in 2014 in Amsterdam, The Netherlands. 9Waves provides a free platform for the discovery and promotion of music, the sharing of information and comments about music, communication with other users, the posting, broadcasting, syndication of, and linking to or uploading of Artist Content (defined below), social networking and other features, functions, and services (collectively, the "Service"). The Service includes the cataloging, indexing, sharing, broadcasting and streaming of Artist Content (as defined below).
This Agreement applies to all Users of the Service who use, listen to or share audio content and/or its associated metadata, information and other materials or services on the Service, regardless of whether such Users are using the Service anonymously or as registered Users.
Modification and Termination
9Waves may change, add to, remove, suspend or discontinue any aspect of the Service at any time. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new 9Waves properties, shall be subject to this Agreement. Further, to keep this Agreement up to date with the Service, 9Waves may, at its sole discretion, change or modify this Agreement at any time by posting such changes on the Site or otherwise notifying you, and by continuing to use the Service you agree to be bound by such changes or modifications.
If any of these rules or any future changes are unacceptable to you, do not use the service. your continued use of the service now, or following notice of any changes in this agreement, will indicate acceptance and agreement by you of such rules, changes, or modifications. 9Waves may terminate this Agreement at any time for any reason.
While you are not required to create an account to access the Service, in order to access certain features of the Service you may be required to register for a 9Waves User account. Upon completing the registration process, you will receive an account designation. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Membership Data") and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not, or 9Waves has reasonable grounds to suspect that you have not, 9Waves may suspend or terminate your account.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify 9Waves of any unauthorized use of your account or any other breach of security. 9Waves cannot and will not be liable for any loss or damage arising from your failure to protect your account.
Use of the Service
9Waves grants you a limited, revocable and nonexclusive license to access and make personal use of the Service. As a registered User, you may use the Service to: (i) Follow Artist Profiles by adding your follow list; (ii) View the updates from the artist you follow in the Favourites Feed; (iii) follow and interact with other Users and artists on the Service; (iv) create an Artist Profile (see paragraph ”Artist Profile” for more information; (v) listen to audio- and/or video work through embedded players, buttons and plug-ins from third parties which are accessible through 9Waves; (vi) use the website as a search engine to browse and search through data which is or are sourced from Third Party Website’s (see paragraph ”Third Party Websites”). You agree not to download (other than page caching) or modify the Service, or any portion of it or content contained in it, except with 9Waves prior express written consent. The Service makes audio work available through embedded players, buttons and plug-ins. These embedded players, buttons and plug-ins are products by third parties. You interact with these on your own risk and should read the according policies of the individual websites or resources before using the embedded players, buttons and plugins on 9Waves
The audio- and video work made available via the Service is intended for Streaming only. For purposes of this Agreement, Streaming means the digital transmission of an audiovisual work via the Internet from the Service to a User's device in such a manner that the data is intended for real-time listening and not intended to be copied, stored or permanently downloaded by the User. Accessing any audio work for any purpose or in any manner other than Streaming and/or broadcasting is expressly prohibited. This license does not include any resale or commercial use of the Site, the Service, or its contents, or any downloading or copying of account information for the benefit of yourself or any third-party. The Service is for personal use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except those that may be specifically endorsed or approved in advance by 9Waves in writing. You may not authorize any third party to use your account. Use of any automated script, program, and or mechanism to collect, scrape, retrieve, and or gather any information and or User Content from the Service is strictly prohibited without prior written consent from 9Waves.
If we find you are making illegal and/or unauthorized use of the Service, including without limitation, collecting usernames, email addresses or User Content for any wrongful purpose, or are otherwise violating this Agreement, we may investigate you and/or take any other appropriate action against you. 9Waves reserves the right to remove without notice any commercial advertisements, affiliate links, and other forms of solicitation or spam, which may result in termination of you account and/or Site use privileges.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of 9Waves and our affiliates or other Users. You may not use any meta-tags or any other "hidden text" utilizing 9Waves name or trademarks without the express written consent of 9Waves. Any unauthorized use terminates the permission or license granted by 9Waves. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Service so long as the link does not portray 9Waves, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any 9Waves’ logo or other proprietary graphic or trademark as part of the link without 9Waves’s advanced express written permission.
You will NOT misuse the Service by, including without limitation:
Without limiting other remedies, if 9Waves finds, in 9Waves’ sole discretion, that you have violated this Agreement or misused the Service in any way, 9Waves may warn Users of your actions, issue a warning, and/or temporarily or indefinitely suspend or terminate your account and refuse to provide the Service or any part of the Service to You.
You are solely responsible for your interactions with other Users of the Service. 9Waves reserves the right, but has no obligation, to monitor disputes between you and other Users.
Third Party Websites
This Section presents the 9Waves Artist Profile Terms And Service ("Artist Terms"), which include and incorporate by this reference The Terms And Conditions found above this section (TAS”). The Artist Terms and the 9Waves TAS may be referred to collectively here as the "Terms."
By claiming, creating or using an artist profile ("Artist Profile") on the Site, You accept and agree to be bound by the Terms in their totality, unless and to the extent that these Artist Terms conflict with the 9Waves TAS, or any terms contained on the Site, in which case the Artist Terms will control solely to the extent necessary to reconcile the inconsistency. 9Waves may, in its sole discretion, change, add to or remove portions of these Artist Terms at any time, and by continuing to use an Artist Profile You agree to be bound by such revisions or modifications. If 9Waves does so, 9Waves will provide you with reasonable notice of such changes by, for example, posting updates on the Site or notifying You via e-mail. You should read these terms regularly and if any future changes are unacceptable to You, do not use an Artist Profile or the Site.
It's important for You to read and understand these documents. The Terms form a legal agreement regarding Your claim, creation and/or use of an Artist Profile on the Site between You and 9Waves B.V. (”9Waves”) whose principal place of business is Baarsjesweg 134, 1057 HL, Amsterdam, The Netherlands. This document explains how Your agreement with 9Waves is made up and sets out some of the terms of that agreement. Capitalized terms not otherwise defined in these Artist Terms have the meaning given to them in the 9Waves TAS, as applicable.
If there is any provision of the Terms with which You do not agree, do not claim, create or use an Artist Profile or use the 9Waves Site.By claiming, creating or using an Artist Profile in any way, You represent and warrant that You have read and understood the Terms, and will abide by them in all respects each time You use the Site and claim, create or use an Artist Profile.
2. Account Registration:
In order to claim, create or use an Artist Profile, You must have a valid 9Waves User Account. If You do not already have a 9Waves User Account, You will need to create one in order to claim, create or use an Artist Profile; You will be presented with the appropriate Terms, to which You must agree before proceeding. By creating or using a specific 9Waves User Account to claim, create or use an Artist Profile, You are representing and warranting that You have the right to use that account generally, as well as the right to use it specifically to receive, control, manage, and disburse payments (if applicable) for any activities that You undertake on the Site. You agree that You will provide only accurate, complete, and current information in connection with the registration process, the claiming, creating or using of any Artist Profile, and any request to associate a 9Waves account with an Artist Profile.
3. Artist Identity and Association
Unless acting as an Artist Representative, You may associate Your 9Waves Account with only one Artist name and Identity. You will not claim, create or use an Artist Profile that (a) reflects the name or Identity of another person or artist with the intent to impersonate them, or (b) is subject to the rights of a person other than You without appropriate authorization. 9Waves reserves the right to refuse, cancel, or suspend any registration, selection, association, or any use or association of an Artist Profile for any reason, including if it believes, in its sole discretion, that the Artist Profile does not reflect the Identity of the Artist using or attempting to use it, whether as a result of error or intentional misrepresentation. Intentional Misrepresentation is a violation of our Terms and you agree to be responsible for any consequences or violations thereof. Further, 9Waves shall have final approval on all Artist Content provided in connection with the Artist Profile and may remove any Artist Content from the Artist Profile and/or Site in its sole discretion.
4. License from Artist
For clarification purposes, You retain all of Your ownership rights in the Artist Content You upload to Your Artist Profile or material which you link through your profile by using embed functions from Third Party Websites. However, by submitting Artist Content to the Artist Profile You grant 9Waves a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, display, perform, reproduce, publish, and distribute such Artist Content throughout the world via the Site and in any marketing, promotion or advertising therefor. You also grant each user of the Site a non-exclusive license to access Your Artist Profile through the Site, and to use, reproduce, distribute, display and perform such Artist Content as permitted through the functionality of the Site and under the Terms. You grant 9Waves and it affiliates the right to use the name that You submit in connection with such Artist Profile.
5. Information Presented on Artist Profiles
By claiming or uploading to an Artist Profile, You grant to 9Waves all rights necessary to use the Artist Content in connection with the Artist Profile in accordance with the Terms. By claiming, linking or uploading to an Artist Profile, You understand that it will be available to anyone in the world for streaming and viewing, that Artist Content submitted is being used for promotional and/or commercial purposes and that 9Waves will NOT be liable for any royalties to You or any other rights-holder of the Artist Content uploaded to the Artist Profile. Any Artist Content uploaded to an Artist Profile is NOT eligible for any revenue share royalties. You understand that any Artist Content uploaded to the Artist Profile may stay up indefinitely on the Artist Profile and Site, and You may edit, disown or remove Artist Content from Your Artist Profile so long as You have all necessary rights and authorizations to do so; however, due to the nature of the internet, 9Waves makes no guarantees about 9Waves's ability to effectuate control or removal of Artist Content.
9Waves retains the right, but does not have the obligation, to immediately halt the offering of any Artist Content, or to prevent or restrict access to the Artist Profile or any Artist Content or take any other action in case of technical problems, objectionable material, inaccurate listings, confusing or misleading metadata associated with Artist Content, violations of third party rights, or actions otherwise prohibited by the Terms, any procedures and guidelines contained on the Site, or for any other reason (or no reason) in 9Waves sole and absolute discretion, and to correct any inaccurate listing or technical problems on the Site. Nothing in this Agreement shall be construed to require 9Waves to undertake any degree of exploitation of the Artist Profile and/or Artist Content in connection therewith and 9Waves makes no representation or warranty with respect to the functionality of the Artist Profile or the Site.
6. Copyright Notices
It is 9Waves’ policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. for more information see our ”Copyright Holders Section”
7. Termination and Cancellation
If You fail to comply with any Content provision of these Terms, 9Waves may terminate Your rights hereunder without notice. In case of such termination, 9Waves may immediately revoke Your access to any Artist Profile without notice to You. You may terminate this Agreement as set forth in the 9Waves TAS, or simply by ceasing to use the Artist Profile and withdrawing Your Artist Content from the Artist Profile. All other provisions of this Agreement that by their nature should survive termination or expiration shall survive such termination or expiration of these Terms.