Each time you upload or submit User Content you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Submission Agreement. Instructions for uploading User Content can be found on the Site's web page www.eWave.TV for the uploading of User Content. To be considered for posting and display to the public, User Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission.
Ariel Media Group LLC controls any User Content submitted, although we may use both automated and manual means of reviewing User Content in order to prevent Unauthorized Content from appearing and being displayed on the Site. To submit video for your site you must have a vimeo account or youtube account.
In connection with all User Content you submit using the User Content Submission Features, you grant to Ariel Media Group LLC, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form the rights to air your program, pictures, music, production. Ariel Media Group LLC does not own any part of your program but has the rights to promote, advertise and air it on any type of media it choses with video and pictures you have submitted.
Ariel Media Group LLC acquires no title or ownership rights in or to any User Content (your show) that you submit and nothing in this Submission Agreement conveys to us any ownership rights in your User Content. Ariel Media Group LLC is acting only as a host, bulletin board or conduit for submitted User Content, with all of the specific rights granted by you hereunder. Although by your submission of any User Content you are requesting and directing us and any of the Network Affiliates with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the User Content on the Platforms), neither we, nor any of the Network Affiliates have any obligation to do any of these things. You must own the rights to the User Content you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Submission Agreement.
Ariel Media Group LLC. This Agreement governs only the content, features, and activities related to this Site. www.eWave.TV
This Show Site is offered and made available anyone with Internet access that resides in the United States of America, its territories and possessions (“U.S.") and any other country that can access US Internet.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site www.eWave.TV and Ariel Media Group. In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"), including but not limited to, the User Content Submission Agreement which governs your submission of User Content.
From time to time, you may communicate with, receive communications from, be re- directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
Ariel Media Group LLC or the Site's operational service providers, suppliers, and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement. Ariel Media Group LLC will not be responsible for any promotion, contest, sweepstakes or auctions that your show offers to the viewers.
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, ARIEL MEDIA GROUP LLC, eWAVE TV & NETWORK AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have the Parent Companies, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair,
correction or replacement is not reasonably commercially practicable for the Parent Companies, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that the Parent Companies assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
You agree to indemnify, defend and hold the Site, Ariel Media Group LLC and eWAVE TV any of their Affiliates, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
The Parent Companies reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Parent Companies in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Parent Companies.
This Agreement and your use of the Site is governed by, construed and
enforced in accordance with the internal substantive laws of the State of
Alabama (notwithstanding the State's conflict of laws provisions) applicable to
contracts made, executed and wholly performed in Alabama, and, for the
purposes of any and all legal or equitable actions, you specifically agree and
submit to the exclusive jurisdiction and venue of the State and Federal Courts
situated in the State and County of Alabama and agree you will not object to
such jurisdiction or venue on the grounds of lack of personal jurisdiction,
forum non convenes or otherwise. To the extent it may be applicable, you
agree to opt out from and expressly exclude any applicability of the Uniform
Computer Information Transactions Act. IN ANY ACTION OR
PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR
OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT
MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY
NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
The incorporating of the Submission Agreement and Contract, this is the entire agreement between you and us relating to User Content and your use of the User Content Submission Features and supersedes any prior or inconsistent agreements. Ariel Media Group LLC & eWAVE TV may terminate this Submission Agreement with you and your right to use the User Content Submission Features.
Ariel Media Group LLC owns: Horse N Buddy: eWave TV
By signing up for the eWave TV service (“Service”) or any of the services of AMG LLC. you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by AMG under the Terms of Service include various products and services to help you create and manage a retail store. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. AMG reserves the right to update and change the Terms of Service by posting updates and changes to their website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service to have a store or to purchase from a store. To access and use the Services, you must register for a AMG account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. AMG may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. You acknowledge that AMG will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. AMG cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your AMG Account (“Store Content”) and all other pages of the AMG site. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any term in the Terms of Service as determined in the sole discretion of AMG will result in an immediate termination of your services.
Don’t use AMG for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of sign up for the Service, AMG will create an Express Checkout account on your behalf, using your email address. Depending on your location, AMG may also create a AMG Payments account on your behalf.
You acknowledge that PayPal Express Checkout and AMG Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 16 of these Terms of Service.
We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts. When someone purchases your product, the funds will go into your AMG account. Each transaction will have a 10% fee. After you have sold an item, 10% of the purchase price (excluding shipping and tax) will go to AMG’s account. The rest will be in your AMG account to transfer into your pay pal account. You can access your funds at anytime after we receive notice that the item as been shipped. If for any reason, the product does not make it to the seller, your payment will be reimbursed to the buyer and your account charged the 10% for transaction fees.
Technical support is only provided to paying Account holders and is only available via email. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Alabama, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Alabama with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that AMG may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on AMG’s website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to AMG’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the AMG service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the State of Alabama. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AMG. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use AMG eWave TV Horse N Buddy trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to email@example.com.
You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
If a dispute arises the issue will be dealt with in the State of Alabama.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any AMG customer, AMG employee, member, or officer will result in immediate Account termination. AMG does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that AMG employees and contractors may also be AMG customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
AMG retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, AMG reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over an AMG account, we can freeze the account or transfer it to the rightful owner.
You expressly understand and agree that AMG 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 resulting from the use of or inability to use the service.
In no event shall AMG or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, AMG partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. AMG does not warrant that the Service will be uninterrupted, timely, secure, or error-free. AMG does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
AMG does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
The failure of AMG to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AMG and govern your use of the Service, superseding any prior agreements between you and AMG (including, but not limited to, any prior versions of the Terms of Service).
If AMG chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and AMG don’t apply if they conflict with these terms.
We do not claim any intellectual property rights over the material you provide to the AMG service. All material you upload remains yours. You can remove your AMG store at any time by deleting your Account.
By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow AMG to display and store your Store Content; and (c) that AMG can, at any time, review all the Store Content submitted by you to its Service.
You retain ownership over all Store Content that you upload to an AMG store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
AMC shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Anything you upload remains yours and your responsibility.
You are 100% responsible for shipping. You may charge what you wish for shipping as long as the buyer is aware of the fee before purchasing the product.
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of AMG products and services, including without limitation your products you sell. YOU are responsible for collecting taxes for your site and in accordance with the laws in your state. Be sure and add the appropriate taxes to the appropriate sales.
You may cancel your Account at anytime by deleting your account.
AMG supports the protection of intellectual property and asks AMG merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to AMG’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
In the event any order is reversed due to “Damaged product”, “Quality Issue”, “Not delivered” or “Wrong Item delivered”, Vendor agrees that the Company shall levy the Service charges, plus a penalty of the service charge of the product and the said charges will be deducted from the amount due and payable to Vendor.
Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through their online store. On receipt of the order, Vendor shall dispatch / deliver the products within a period not exceeding 48 hours or within the time as specified in the product description on its online store. In respect of the orders for Products placed through the Online Store, Vendor shall submit proof of dispatch to the satisfaction of Company within 48 hours of the request made by Company. The Vendor shall dispatch the Products of same description, quality and quantity and price as are described and displayed on the Online Store and for which the Customer has placed the order.
The Vendor shall not offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws.
The Vendor shall ensure that they own all the legal rights in the Products that are offered for sale on the Online Store.
The Vendor shall pass on the legal title, rights and ownership in the Products sold to the Customer.
Vendor shall be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Vendor.
The Vendor shall at all time during the pendency of this agreement endeavor to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not infringed.
The Vendor shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.
The Vendor warrants and represents that They have the right and full authority to enter into this Agreement with the Company. All their obligations under this Agreement are legal, valid and binding obligations enforceable in law.
That the complete product responsibility and liability shall solely vest with Vendor and that the Vendor shall be solely responsible to the customer for the sale of the Product by Vendor including but not limited to its delivery to the Customer and that Vendor shall not raise any claim on the Company in this regard.
Vendor agrees and undertakes not to upload any text, images, graphics (for description and display of product on the online store) that is vulgar, obnoxious, inaccurate, false, incorrect, misleading, intimidating, against the public policy.
Vendor shall pay the Company a service charge (10%) as specified by the Company on every transaction it enables and that Vendor shall provide all completed transaction details to the Company for record keeping and reconciliation.
Vendor agrees and acknowledges that the Company, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Vendor without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions 7.
The Company on the basis of representation by the Vendor has created the online store of the Vendor on AMG Shopping portal to enable Vendor to offer the Vendor’s products for sale through the said Online Store. This representation is the
The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws / regulations /intellectual property rights of any third party. Vendor agrees and acknowledges that Vendor shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through its online store (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages.
Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives. The Vendor hereby agrees, confirms and acknowledges that the Product is owned by the Vendor and that the Company is merely a facilitator for sale of the Vendor’s Product, hence the Company is not responsible/ liable for the Product, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever. The Company reserves its right to state appropriate Disclaimers on its website/ online store.
Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred to the arbitration of a single arbitrator to be appointed jointly by the parties.
Under no circumstances, except in case of breach of contract, will either party be liable to the other party for lost profits, or for any indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if that party has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the aggrieved party to have been deliberately caused by the other party.
Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Vendor, and Vendor shall not represent neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.
Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
By making an account and signing up for an AMG site, you agree to all of these terms.
Ariel Media Group LLC