WAYVE Services Terms of Use

 

Hi There! The following are our Terms of Use for our services, including our website and mobile application:

 

Acceptance of the Terms of Use

 

These terms of use are entered into by and between You and Wayve LLC (Company, we, or us). The following terms and conditions (Terms of Use) govern your access to and use of Company's website located at www.wayveofficial.com and mobile application called Wayve (together, the Services) including any content, functionality, and services offered on or through the Services. If you want to use our Services, whether our website or our mobile application, then you must agree to these Terms of Use. If you do not agree, then please do not use our Services.

 

Please read the Terms of Use carefully before you start to use the Services. By using the Services and/or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [www.wayveofficial.com/privacy.html] and our end-user license agreement (EULA) for use of the Wayve mobile application, which are incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy and EULA, you must not access or use the Services. Our Services are offered and available to users who are at least 13 years old and live in the United States or any of its territories or possessions. If you are not yet 18 years old (in other words, if you are between age 13 and 18), then you may not use our Services without first obtaining consent from your parent(s) or legal guardian(s), who should read and review these Terms of Use with you. By accepting and agreeing to be bound and abide by these Terms of Use, our Privacy Policy and our EULA, you represent and warrant that you are of legal age to form a binding contract with the Company or have obtained consent from your parent(s) or legal guardian(s), and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services hereafter.

 

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Services so you are aware of any changes, as they are binding on you.

 

Accessing the Services and Account Security

 

We reserve the right to withdraw or amend our Services, and any service or material we provide in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire website or entire mobile application, to users, including registered users.

 

You are responsible for both:

 

• Making all arrangements necessary for you to have access to the Services.

   

• Ensuring that all persons who access the Services through your internet connection or mobile telephone are aware of these Terms of Use and comply with them.

   

  To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the website or the mobile application is correct, current, and complete. You agree that all information you provide to register with our Services or otherwise, including, but not limited to, through the use of any interactive features on the website or mobile application, is governed by our Privacy Policy [www.wayveofficial.com/privacy.html], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

   

  If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

   

  We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

   

  Intellectual Property Rights

   

  The website and mobile application and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

   

  These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website or mobile application, except as follows:

   

  • Your computer or mobile telephone may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the website or mobile application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our End User License Agreement (EULA) for such applications. This is the EULA for our WAYVE application: www.wayveofficial.com/eula.html
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

     

    You must not:

     

    • Modify copies of any materials from this site.
    • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
      You must not access or use for any commercial purposes any part of the Services or materials available through the website or mobile application.

       

      If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content provided by the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

       

      Trademarks

       

      The Company name, the terms WAYVE, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our website or mobile application are the trademarks of their respective owners.

       

      Prohibited Uses

       

      You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

       

      • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
      • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
      • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
      • To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
      • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
      • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

         

        Additionally, you agree not to:

         

        • Use the Services in any manner that could disable, overburden, damage, or impair the website or mobile application or interfere with any other party's use of the Services, including their ability to engage in real time activities through the website or mobile application.
        • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material offered by the Services.
        • Use any manual process to monitor or copy any of the material provided by the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
        • Use any device, software, or routine that interferes with the proper working of the Services.
        • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
        • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the website is stored, or any server, computer, or database connected to the website or mobile application.
        • Attack the website or mobile application via a denial-of-service attack or a distributed denial-of-service attack.
        • Otherwise attempt to interfere with the proper working of the Services.
        • Harass or otherwise impede the use of the Services by any other person who rightfully has access to them.

           

          User Contributions

           

          The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, the ability to communicate with other users and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, post) content or materials (collectively, User Contributions) on or through the Services.

           

          All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the website or mobile application will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings.

           

          You represent and warrant that:

           

          • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
          • All of your User Contributions do and will comply with these Terms of Use.

             

            You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

             

            We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Services.

             

            Monitoring and Enforcement; Termination

             

            We have the right to:

             

            • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
            • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
            • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
            • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.
            • Terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Use.

               

              Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website or mobile application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES] OR LAW ENFORCEMENT AUTHORITIES.

               

              However, we do not undertake to review material before it is posted on the website or mobile application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

               

              CONTENT STANDARDS

               

              These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

               

              • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
              • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identification or age.
              • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
              • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [www.wayveofficial.com/privacy.html].
              • Be likely to deceive any person.
              • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
              • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
              • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
              • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
              • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

                 

                Copyright Infringement

                 

                If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

                 

                Reliance on Information Posted

                 

                The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website or mobile application, or by anyone who may be informed of any of its contents.

                 

                Our Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

                 

                Changes to the Website or Mobile Application

                 

                We may update the content on our website or mobile application from time to time, but their content is not necessarily complete or up-to-date. Any of the material provided by our Services may be out of date at any given time, and we are under no obligation to update such material.

                 

                Information About You and Your Visits to the Website or Mobile Application

                 

                All information we collect through your use of the Services is subject to our Privacy Policy. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

                 

                Linking to the Website and Social Media Features

                 

                You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

                 

                Our Services may provide certain social media features that enable you to:

                 

                • Link from your own or certain third-party websites to certain content.
                • Send emails or other communications with certain content, or links to certain content.
                • Cause limited portions of content site to be displayed or appear to be displayed on your own or certain third-party websites.

                   

                  You may use these features solely as they are provided by us and]solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

                   

                  • Establish a link from any website or application that is not owned by you.
                  • Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site or application, for example, framing, deep linking, or in-line linking.
                  • Link to any part of the Services other than the website homepage.
                  • Otherwise take any action with respect to the materials provided by the Services that is inconsistent with any other provision of these Terms of Use.

                     

                    You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

                     

                    We may disable all or any social media features and any links at any time without notice in our discretion.

                     

                    Links from the Services

                     

                    If the Services provide links to other sites or applications and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party information linked, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party information.

                     

                    Geographic Restrictions

                     

                    The owner of the Services is based in the State of New York in the United States. We provide our Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

                     

                    Disclaimer of Warranties

                     

                    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, MOBILE TELEPHONE OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE OR APPLICATION LINKED TO THEM.

                     

                    YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION IS AT YOUR OWN RISK. THE WEBSITE AND MOBILE APPLICATION, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, APPLICATION OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

                     

                    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

                     

                    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

                     

                    Limitation on Liability

                     

                    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES, ANY CONTENT ON THE WEBSITE OR MOBILE APPLICATION OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

                     

                    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

                     

                    Indemnification

                     

                    You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

                     

                    Governing Law and Jurisdiction

                     

                    All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

                     

                    Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, Manhattan, and County of new York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

                     

                    Arbitration

                     

                    At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying new York law.

                     

                    Limitation on Time to File Claims

                     

                    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

                     

                    Waiver and Severability

                     

                    No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

                     

                    Entire Agreement

                     

                    The Terms of Use, Privacy Policy, and EULA constitute the sole and entire agreement between you and Wayve LLC regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

                     

                    Your Comments and Concerns

                     

                    This website is operated by Wayve LLC, 718 Walt Whitman Road, Unit 10055, Melville, New York 11747; (516) 473-1829. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

                     

                    All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@wayveofficial.com.

                     

                    COPYRIGHT POLICY

                     

                    Reporting Claims of Copyright Infringement We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the written notice (the DMCA Notice) must include substantially the following:

                     

                    • Your physical or electronic signature.
                    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
                    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
                    • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
                    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
                    • A statement that the information in the written notice is accurate.
                    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

                       

                      Our designated copyright agent to receive DMCA Notices is:

                       

                      • Brett Serper
                      • Wayve LLC

                         

                        718 Walt Whitman Road, Unit 10055

                         

                        • Melville, New York 11747
                        • (516) 473-1829
                        • info@wayveofficial.com

                           

                          If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

                           

                          Counter Notification Procedures

                           

                          If you believe that material you posted through use of our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a Counter Notice) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

                           

                          • Your physical or electronic signature.
                          • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
                          • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
                          • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
                          • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

                             

                            The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

                             

                            Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]

                             

                            Repeat Infringers

                             

                            It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.