Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, USERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE REGIONS. SOME REGIONS HAVE LAWS THAT RESTRICT OR LIMIT THE USE OF A WEB SITE LIKE THIS ONE. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. THE USERS MUST UNDERSTAND THEIR LOCAL LAWS BEFORE USING THIS WEBSITE AND THIS WEBSITE SHALL IN NO EVENT BE HELD RESPONSIBLE FOR A USE THAT IS NOT IN CONFORMITY WITH LOCAL REGULATIONS OF THE USER’S REGION.
Acceptance of Terms
This website, www.hellowave.co (referred hereto as “Hellovave” or the “Site”) is owned and operated by Made in Blog Agency inc. (referred hereto as “we”, “us” or “MiB”), a Canadian corporation based in Montreal, province of Quebec, Canada.
The Terms of Services herein are designed to govern the relationship between MiB, the operor of the Site and the user of at least one of the services provided by the Site (referred hereto as the “User” or “you”).
Hellowave provides free and paid services to you subject to the Terms of Service (“TOS”) below. By using and accessing our Site, you (“you”, “user” or, “end user”) agree to these Terms of Service.
At any time, we may choose to update these Terms of Service by posting an update to this page. We encourage you to frequent these TOS as your continued use of any of Hellowave’s services will mean you accept those changes, whether you’ve read them or not. In addition, you and Hellowave shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
Our Description of Services
Hellowave is an internet application and website that allows blog owners, website owners, Facebook page owners, and YouTube Channel owners (collectively referred to as the “Admin”) to run a sweepstakes promotion by customizing and embedding an entry form where they’d like to have individuals (the “Entrants”) enter the sweepstakes. Hellowave helps provide the tools that allow the Admin to moderate, verify, and choose a winner to their promotions (collectively referred to as the “Services”).
You understand and agree that the Services may include communications from Hellowave, such as administrative messages and service announcements. These communications are considered part of the Hellowave membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Hellowave properties, shall be subject to the Terms of Service. You also understand and agree that the Service is provided “as is” and that Hellowave assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Hellowave Software License Rights & Restrictions
We hereby grant you a non-exclusive, non-transferable, worldwide right to access and use the Site, solely with supported browsers through the internet for your own internal purposes, subject to the Terms of Service. You may not permit the Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Hellowave Site. All rights not expressly granted to you are reserved by Hellowave and its licensors.
You agree to not modify or make derivative works based upon the Hellowave Site. You also agree to not reverse engineer or access the Hellowave Site in order to build a competitive product or service, build a product using similar features, functions or graphics of the Hellowave Site, or copy any features, functions or graphics of the Hellowave Site. You further acknowledge and agree that, as between the parties, Hellowave owns all right, title, and interest in and to the Hellowave Site, including all intellectual property rights therein.
Violations by the Admins
We hope that all Admins use Hellowave in a safe and ethical manner. As a condition to your use of the Hellowave Site, you shall not:
· use the Hellowave Site to run a promotion and manipulate Entrants into entering your promotion without the intention of giving out a prize;
· use email addresses collected by Hellowave maliciously or violate the Canada’s anti-spam legislation, a law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them;
· use the Hellowave Site for any illegal or unauthorized purpose. You must not, in the use of the Hellowave Site, violate any laws in your jurisdiction (including but not limited to copyright laws);
· post, email, upload, transmit or otherwise make available any information, materials or other content that is illegal, abusive, harmful, threatening, harassing, obscene, defamatory, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
· impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
· collect, upload, phish, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
· collect, upload, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Hellowave Site;
· upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
· upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
· upload, post, email, transmit or otherwise make available 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;
· use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Hellowave Site;
· reverse engineer, decompile or disassemble any of the software used to provide the Hellowave Site;
· reproduce, duplicate or copy or exploit any other portion of the Hellowave Site, without the express written permission of Hellowave;
· interfere with or disrupt the Hellowave Site, or any servers or networks connected to the Hellowave Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Hellowave Site;
· modify, adapt or hack the Hellowave Site or falsely imply that some other site is associated with Hellowave Site.
Pricing, Billing, Cancellation, & Refunds
Certain aspects of the Hellowave Service may be provided for a fee. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms below. Hellowave may add new services for additional fees, or amend fees and charges for existing services, at any time in its sole discretion. Any pricing changes or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Service.
By choosing to upgrade the free core service to include an add-on, your account will be converted to a pro account (the “Pro Account”). Premium add-ons for a single Pro Account are non-transferrable. Hellowave accepts credit cards and will automatically charge your credit card monthly or each time you purchase a promotion depending upon which payment option you select. If any fee is not paid in a timely manner, or Hellowave is unable to process your transaction using the credit card information provided, Hellowave reserves the right to suspend or revoke access to your account.
The fees for your Pro Account will be billed from the date you elect, or convert to, a Pro Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Hellowave will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Pro Account. In the event your Pro Account began on a day not contained in a given month or year, Hellowave will bill your credit card on the last day of such month or year.
For example, if your Pro Account began on January 30th, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Hellowave may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are non-refundable and there are no refunds or credits for partially used periods. Should you elect to upgrade your Pro Account to a more expensive add-on package, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly billed Pro Account on April 25th, your next payment would be due on May 25th. On May 28th, you upgrade your Pro Account to a more expensive add-on package and pay the new amount associated with the upgraded Pro Account you have selected, less the amount equal to 7 days at your previous Pro Account rate. Your next payment would then be due on June 28th.
Hellowave may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least two weeks (14 days) advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your account page. If your credit card reaches its expiration date, your continued use of the Hellowave constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Unless you notify Hellowave before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Your subscription can be canceled at any time in your account dashboard.
Hellowave strives to maintain a reliable and secure environment for your data and promotions. Security and availability of our Service is of utmost importance to us. However, the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Hellowave Site, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. Because of this, no refunds will be given due to an outage where the Service is unavailable for a period of time.
Hellowave has a core version that is free to use. It’s a great way to try out the Service free of charge if you’re thinking about upgrading to a Pro Account. Because of this, all Hellowave Pro Accounts are prepaid and are non-refundable. HELLOWAVE DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your Hellowave Pro Account at anytime, and cancellation will be effective immediately. Should you elect to cancel your Pro Account, please note that you will not be issued a refund for the most recently (or any previously) charged fees.
Hellowave is an internet-based self-service. Internet-based Self-services are a subtype of services driven by self-service technologies which provide technological interfaces allowing customers to use services independently of the involvement of direct service employee. While our Service hopefully makes it easy to launch a successful promotion, much of the success of your Hellowave promotion depends on your ability to promote your campaign. Hellowave does not provide refunds or credits for a giveaway promotion deemed as ‘poor performing’ by the admin.
DOWNGRADING YOUR HELLOWAVE PRO VERSION MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. HELLOWAVE DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
By signing up for a Hellowave Pro Account and providing Hellowave with your payment account information, you hereby agree to these payment terms and conditions.
Questions regarding pricing and billing may be directed to : info@Hellowave.com.
Hellowave Promotions & Giveaways
You acknowledge Hellowave is not responsible or liable for the failure of any Admin (or any third-party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any promotion or giveaway.
HELLOWAVE DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
If you are an Admin of a promotion or giveaway, you acknowledge and agree that Hellowave merely facilitates the distribution of promotions and giveaways and understand that the Site provides no safeguards ensuring that your promotions and media comply with any law, rule, regulation or policy. You also acknowledge and agree that you are responsible for ensuring that your promotion or media complies with any applicable law, rule, or regulation and agree to comply with all statements and promises made to Entrants (except to the extent such statements and promises violate the law).
For now, we provide this Site for use only by persons located in the Canada. We make no claims that the Site or any of its content is accessible, appropriate or legal outside of the Canada If you access the Site from outside the Canada, you do so on your own initiative and are responsible for compliance with local laws.
As Hellowave asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Hellowave violates your copyright, you are encouraged to notify us. Hellowave will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Hellowave will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Hellowave or others. In the case of such termination, Hellowave will have no obligation to provide a refund of any amounts previously paid to Hellowave.
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Hellowave.
Modification of Agreement
As stated earlier, Hellowave reserves the right to change or modify any of the terms and conditions contained in this agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service. Your continued use of the Site after such modifications to this agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Termination of Use
Hellowave may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Hellowave account (if you have one), you may simply discontinue using the Site. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
IN NO EVENT WILL HELLOWAVE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO HELLOWAVE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. HELLOWAVE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THE SITE IS PROVIDED “AS-IS”. HELLOWAVE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER HELLOWAVE NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WHILE HELLOWAVE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, HELLOWAVE DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
This Terms of Service agreement and your use of the Hellowave Site shall be governed by the laws of the Canada and the province of Quebec without regard to its conflicts of laws principles. Any legal action or proceeding related to the Hellowave Site shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Quebec.
You further agree to indemnify, defend and hold harmless Hellowave and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service. Your indemnification includes, without limitation, all claims related to the posting or entries to or from the Site. Hellowave will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
This agreement was last updated on Februay 19, 2015.
Contact | If you have any questions regarding these Terms of Service please contact us by email at : info@Hellowave.com