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Terms of Service (ToS) or Terms and Conditions
Effective Date: November 5th, 2024
Welcome to “Only Make Waves” (the “Platform”). These Terms of Service (the “Terms”) govern your access to and use of our website, applications, and services (collectively, the “Services”). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
- Acceptance of Terms
By using the Services, you affirm that you are at least 18 years old or that you have obtained parental consent if you are under 18. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. - Changes to Terms
We may modify these Terms at any time. If we make significant changes, we will provide notice by posting a prominent notice on our Platform or by sending you an email. Your continued use of the Services after any modifications indicates your acceptance of the updated Terms. - Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Services, you consent to the collection and use of your personal information as described in our Privacy Policy. - User Accounts
4.1 Account Creation
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4.3 Account Termination
We reserve the right to suspend or terminate your account and access to the Services at our discretion, including if we believe that you have violated these Terms.
- User Conduct
You agree not to use the Services to:
Engage in any unlawful activities or promote illegal content.
Harass, threaten, or defame any person or entity.
Upload or transmit viruses, malware, or any harmful code.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Violate any applicable local, state, national, or international law or regulation.
- User-Generated Content
6.1 Submission of Content
You may have the opportunity to submit, upload, or create content (“User Content”) on the Platform. By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with the Services.
6.2 Responsibility for User Content
You are solely responsible for any User Content you submit and for the consequences of submitting it. We do not endorse any User Content and disclaim any liability for it. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
- Intellectual Property
7.1 Ownership
All content and materials on the Platform, including but not limited to text, graphics, logos, images, and software, are the property of “Only Make Waves” or its licensors and are protected by copyright, trademark, and other intellectual property laws.
7.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.
- Payment Terms
If you make purchases through the Services, you agree to provide accurate payment information and authorize us to charge your payment method for the total amount of your purchase, including any applicable taxes and fees. - Third-Party Links
The Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and policies of any third-party websites or services you visit. - Disclaimers
The Services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted or error-free, and we disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. - Limitation of Liability
To the fullest extent permitted by law, in no event shall “Only Make Waves,” its affiliates, or their respective directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services. - Indemnification
You agree to indemnify and hold harmless “Only Make Waves,” its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your use of the Services. - Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Eswatini, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in Mbabane, Eswatini for the resolution of any disputes. - Miscellaneous
14.1 Entire Agreement
These Terms constitute the entire agreement between you and “Only Make Waves” regarding your use of the Services and supersede any prior agreements.
14.2 Waiver and Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
14.3 Assignment
We may assign these Terms or any rights and obligations under these Terms without your consent. You may not assign these Terms or any rights or obligations under these Terms without our prior written consent.
- Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Email: info@onlymakewaves.
Copyright Policy
Effective Date: November 5th, 2024
“Only Make Waves” (the “Platform”) respects the intellectual property rights of others and expects its users to do the same. This Copyright Policy outlines our procedures for addressing claims of copyright infringement related to content uploaded or made available through our Services.
- Overview
The Platform allows users to create, share, and sell artistic works. It is essential that users respect copyright laws when using our Services. This policy applies to all users of the Platform and governs the use of copyrighted materials on the Platform. - Copyright Ownership
You retain ownership of any content you create and upload to the Platform, including but not limited to artwork, images, designs, videos, and written content (“User Content”). However, by submitting User Content, you grant “Only Make Waves” a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with the Services. - User Responsibilities
3.1 Original Content
You represent and warrant that you own or have the necessary rights and permissions to the User Content you upload to the Platform. You must not submit any content that infringes on the intellectual property rights of others or violates any applicable laws.
3.2 Attribution
If your User Content incorporates or is based on works created by others, you must provide proper attribution and ensure that you have obtained any necessary permissions to use such works.
- Reporting Copyright Infringement
If you believe that any User Content on the Platform infringes your copyright, you may submit a notice of infringement to our designated copyright agent as follows:
4.1 Notice Requirements
To be effective, your notice must include the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing and where it is located on the Platform (with specific URLs, if possible).
Your name, address, telephone number, and email address.
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
4.2 Submission of Notice
You can submit your notice to our designated copyright agent at:
Email: info@onlymakewaves.art
- Counter-Notification
If you believe that your content was removed from the Platform due to a mistake or misidentification, you may file a counter-notification with our designated copyright agent. To be effective, a counter-notification must include:
Your physical or electronic signature.
Identification of the material that has been removed and the location where it appeared before removal.
A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of a mistake or misidentification.
Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in your district.
- Repeat Infringers
In accordance with applicable law, “Only Make Waves” reserves the right to terminate the accounts of users who are found to be repeat infringers of copyright law. - Modifications to the Copyright Policy
We may update this Copyright Policy from time to time. We will notify you of any changes by posting the new policy on the Platform with a new effective date. You are advised to review this policy periodically for any changes. Your continued use of the Services after any modifications to the Copyright Policy will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified policy. - Contact Information
If you have any questions or concerns regarding this Copyright Policy, please contact us at:
Email: info@onlymakewaves.com
Cookie Policy
Effective Date: November 5th, 2024
This Cookie Policy explains how “Only Make Waves” (the “Platform”) uses cookies and similar tracking technologies when you visit our website and use our services (collectively, the “Services”). By continuing to use our Services, you consent to the use of cookies in accordance with this policy.
- What Are Cookies?
Cookies are small text files that are stored on your device (computer, smartphone, tablet) when you visit a website. They are widely used to make websites work or to improve their efficiency, as well as to provide information to the site owners. Cookies allow the website to recognize your device and remember certain information about your visit, which can enhance your experience. - How We Use Cookies
We use cookies and similar tracking technologies to:
Enhance User Experience: Cookies help us remember your preferences and settings, making it easier for you to navigate our Services.
Analytics and Performance: We use cookies to collect information about how users interact with our Services, enabling us to analyze traffic patterns and improve the functionality of our website.
Personalization: Cookies allow us to tailor content and advertisements to your interests based on your browsing behavior.
Authentication: Cookies help us recognize you when you log in to your account, keeping you logged in as you navigate the Platform.
- Types of Cookies We Use
We use both session cookies and persistent cookies:
3.1 Session Cookies
These cookies are temporary and are deleted when you close your browser. They help us track your movement within the website, ensuring that you do not get asked for the same information you have already provided during your visit.
3.2 Persistent Cookies
These cookies remain on your device for a specified period or until you manually delete them. They are used to remember your preferences and settings when you return to our Services, enhancing your user experience.
3.3 Third-Party Cookies
We may allow third-party service providers to place cookies on your device. These third-party cookies are used for various purposes, such as analyzing website performance, advertising, and social media integration. The data collected by third-party cookies is subject to the privacy policies of the respective providers.
- Managing Your Cookie Preferences
You have the right to decide whether to accept or reject cookies. You can manage your cookie preferences in the following ways:
4.1 Browser Settings
Most web browsers allow you to control cookies through their settings. You can set your browser to refuse cookies or to alert you when cookies are being sent. Please note that if you choose to refuse cookies, you may not be able to use the full functionality of our Services.
4.2 Cookie Consent Banner
When you visit our website for the first time, you will see a cookie consent banner that allows you to accept or reject cookies. You can change your cookie preferences at any time by revisiting the cookie consent banner.
4.3 Opting Out of Third-Party Cookies
You can also opt out of third-party cookies by visiting the relevant opt-out pages of those third-party providers. For example, you can visit www.networkadvertising.org to manage your preferences for online behavioral advertising.
- Changes to This Cookie Policy
We may update this Cookie Policy from time to time. Any changes will be posted on this page with an updated effective date. We encourage you to review this policy periodically for any updates. Your continued use of the Services after any modifications to the Cookie Policy will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified policy. - Contact Us
If you have any questions or concerns regarding this Cookie Policy, please contact us at:
Email: info@onlymakewaves.com
User Agreement
Effective Date: November 5th, 2024
This User Agreement (the “Agreement”) is a legally binding agreement between you (“User,” “you,” or “your”) and “Only Make Waves” (the “Platform,” “we,” “us,” or “our”) that governs your use of our website and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not access or use the Services.
- Acceptance of Terms
By using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, Copyright Policy, and Cookie Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement. - Eligibility
You must be at least 18 years of age to use the Services. By accessing or using the Services, you represent and warrant that you meet this age requirement. If you are under 18, you may only use the Services with the consent of a parent or guardian. - Account Registration
To access certain features of the Services, you may be required to create an account. You agree to:
Provide accurate, current, and complete information during the registration process.
Maintain the security of your password and account.
Notify us immediately of any unauthorized use of your account or any other breach of security.
Take responsibility for all activities that occur under your account.
- User Content
4.1 Ownership
You retain ownership of any content you create and upload to the Platform, including but not limited to artwork, images, designs, videos, and written content (“User Content”).
4.2 License Grant
By submitting User Content, you grant “Only Make Waves” a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with the Services.
4.3 Prohibited Content
You agree not to upload, post, or otherwise make available any User Content that:
Violates any applicable law or regulation.
Infringes the intellectual property rights or other rights of any third party.
Contains false or misleading information.
Is abusive, defamatory, obscene, or otherwise objectionable.
- User Conduct
You agree to use the Services in a manner that is lawful and respects the rights of others. You agree not to:
Engage in any activity that disrupts or interferes with the Services.
Attempt to gain unauthorized access to any part of the Services or the servers on which the Services are hosted.
Use any automated means (including robots, spiders, or scrapers) to access the Services for any purpose without our express written permission.
Use the Services for any commercial purposes without our prior written consent.
- Termination
We reserve the right to suspend or terminate your account and access to the Services at our discretion, without prior notice or liability, for any reason, including if you breach this Agreement. Upon termination, your right to use the Services will immediately cease. - Disclaimers
The Services are provided on an “as-is” and “as-available” basis without any warranties of any kind, either express or implied. We do not guarantee that the Services will be uninterrupted, secure, or free of errors. - Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall “Only Make Waves” be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Services. - Indemnification
You agree to indemnify, defend, and hold harmless “Only Make Waves,” its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or in connection with your use of the Services, your User Content, or your violation of this Agreement. - Changes to This Agreement
We may modify this Agreement from time to time. We will notify you of any changes by posting the new Agreement on the Platform with a new effective date. Your continued use of the Services after any modifications to this Agreement will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Agreement. - Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions. - Contact Us
If you have any questions or concerns regarding this User Agreement, please contact us at:
Email: info@onlymakewaves.com
Artist/Contributor Agreement
Effective Date: November 5th, 2024
This Artist/Contributor Agreement (the “Agreement”) is a legally binding contract between you (“Artist,” “Contributor,” “you,” or “your”) and “Only Make Waves” (the “Platform,” “we,” “us,” or “our”). By submitting your artwork or contributions to the Platform, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree with any part of this Agreement, do not submit your work to the Platform.
- Definitions
“Artwork” refers to any artistic work, including but not limited to visual art, illustrations, photographs, videos, and written content that you create and submit to the Platform.
“Services” refers to the online platform and any related services provided by “Only Make Waves.” - Grant of Rights
2.1 License to Use Artwork
By submitting your Artwork to the Platform, you grant “Only Make Waves” a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, publish, distribute, and display your Artwork in connection with the Services. This includes, but is not limited to, displaying your Artwork on the Platform, promoting your Artwork through marketing materials, and using your Artwork in related media.
2.2 Moral Rights
You waive any moral rights you may have in your Artwork to the extent permitted by law. However, you retain the right to be identified as the author of your Artwork and to object to any derogatory treatment of your work.
- Representations and Warranties
You represent and warrant that:
You are the sole creator and owner of the Artwork, and you have the full authority to grant the rights granted in this Agreement.
The Artwork does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
The Artwork is original and has not been previously published or exhibited in any way that conflicts with this Agreement.
- Compensation
4.1 Payment Structure
Depending on the agreement between you and the Platform, you may be entitled to compensation for your Artwork, which can include:
A commission on sales made through the Platform.
A flat fee for specific projects or exhibitions.
Other forms of compensation as mutually agreed upon.
4.2 Payment Terms
Payments will be made according to the payment schedule outlined in your individual agreement with the Platform. All payments will be made in the currency agreed upon and may be subject to applicable taxes.
- Responsibilities of the Artist/Contributor
You agree to:
Provide high-quality, high-resolution versions of your Artwork suitable for display on the Platform.
Deliver your Artwork in the agreed-upon format and within the specified deadlines.
Promote your Artwork through your own channels to enhance visibility and sales.
Communicate promptly and effectively with the Platform regarding any issues related to your Artwork or this Agreement.
- Term and Termination
6.1 Term
This Agreement will commence on the effective date and will continue until terminated by either party.
6.2 Termination
Either party may terminate this Agreement at any time with written notice. Upon termination, the rights granted to “Only Make Waves” under this Agreement will continue for any Artwork that has already been licensed or sold prior to the termination date.
- Indemnification
You agree to indemnify, defend, and hold harmless “Only Make Waves,” its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or in connection with your breach of this Agreement, your representations and warranties, or any claims related to your Artwork. - Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions. - Changes to This Agreement
We may modify this Agreement from time to time. Any changes will be posted on this page with an updated effective date. Your continued participation on the Platform after any modifications to this Agreement will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Agreement. - Contact Us
If you have any questions or concerns regarding this Artist/Contributor Agreement, please contact us at:
Email: info@onlymakewaves.com
Licensing Agreements
Effective Date: November 4th, 2024
This Licensing Agreement (the “Agreement”) is a legally binding contract between you (“Artist,” “Licensor,” “you,” or “your”) and “Only Make Waves” (the “Platform,” “Licensee,” “we,” “us,” or “our”). By submitting your artwork to the Platform and entering into this Agreement, you agree to be bound by the terms and conditions set forth herein. If you do not agree with any part of this Agreement, do not submit your artwork for licensing.
- Definitions
“Artwork” refers to any artistic work, including but not limited to visual art, illustrations, photographs, videos, and written content that you create and submit to the Platform for licensing.
“Services” refers to the online platform and any related services provided by “Only Make Waves.”
“License” refers to the permission granted by you to the Platform to use your Artwork as outlined in this Agreement. - Grant of License
2.1 Scope of License
You hereby grant “Only Make Waves” a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, publish, distribute, and display your Artwork in connection with the Services. This includes, but is not limited to, using your Artwork for promotional materials, merchandising, website content, and any other lawful purpose related to the Services.
2.2 Duration of License
The License granted under this Agreement shall commence on the effective date and shall continue indefinitely unless terminated in accordance with the provisions of this Agreement.
- Ownership and Copyright
You retain all rights, title, and interest in your Artwork, including all copyright and intellectual property rights. Nothing in this Agreement shall be construed as transferring any ownership rights to “Only Make Waves.” - Representations and Warranties
You represent and warrant that:
You are the sole creator and owner of the Artwork, and you have the full authority to grant the rights granted in this Agreement.
The Artwork does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
The Artwork is original and has not been previously published or licensed in any way that conflicts with this Agreement.
- Compensation
5.1 Payment Structure
The parties may agree on a compensation structure for the licensing of your Artwork, which may include:
A flat fee for licensing rights.
Royalties based on sales generated from the use of your Artwork.
Other forms of compensation as mutually agreed upon.
5.2 Payment Terms
Payments will be made according to the agreed-upon schedule outlined in a separate agreement or addendum. All payments will be made in the currency agreed upon and may be subject to applicable taxes.
- Responsibilities of the Licensor
You agree to:
Provide high-quality, high-resolution versions of your Artwork suitable for the intended use.
Deliver your Artwork in the agreed-upon format and within the specified deadlines.
Notify “Only Make Waves” of any changes to your contact information or status as the owner of the Artwork.
- Indemnification
You agree to indemnify, defend, and hold harmless “Only Make Waves,” its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or in connection with your breach of this Agreement, your representations and warranties, or any claims related to your Artwork. - Termination
8.1 Termination by Artist
You may terminate this Agreement at any time upon written notice to “Only Make Waves.” Upon termination, the License granted to the Platform will remain in effect for any Artwork that has already been licensed or used prior to the termination date.
8.2 Termination by the Platform
“Only Make Waves” may terminate this Agreement immediately if you breach any term of this Agreement. Upon termination, the License granted to the Platform will cease for any Artwork not previously licensed or used.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions. - Changes to This Agreement
We may modify this Agreement from time to time. Any changes will be posted on this page with an updated effective date. Your continued participation on the Platform after any modifications to this Agreement will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Agreement. - Contact Us
If you have any questions or concerns regarding this Licensing Agreement, please contact us at:
Email: info@onlymakewaves.com
E-commerce Terms and Conditions
Effective Date: November 5th, 2024
These E-commerce Terms and Conditions (the “Terms”) govern your purchase of products, including artwork and related items (the “Products”), through the website and services of “Only Make Waves” (the “Platform,” “we,” “us,” or “our”). By placing an order on the Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not place an order.
- Acceptance of Terms
By accessing and using the Platform to purchase Products, you acknowledge that you have read, understood, and agree to be bound by these Terms. - Eligibility
To purchase Products through the Platform, you must:
Be at least 18 years old, or have the consent of a parent or guardian if you are under 18.
Have the legal capacity to enter into a binding contract.
Provide accurate and complete information during the registration and ordering process.
- Product Descriptions
We strive to provide accurate descriptions of our Products. However, we do not warrant that the descriptions are accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition for a refund or exchange, subject to our return policy. - Orders and Payment
4.1 Placing an Order
To place an order for Products, you must select the desired items and complete the checkout process. By placing an order, you make an offer to purchase the selected Products, subject to these Terms.
4.2 Payment Terms
All payments must be made in the currency specified on the Platform. We accept various payment methods as indicated on the Platform. You agree to provide valid and accurate payment information, and you authorize us to charge the payment method for the total amount of your order.
4.3 Order Confirmation
Upon receiving your order, we will send you an email confirming the details of your purchase. This confirmation does not constitute acceptance of your order; acceptance occurs when we dispatch the Products.
- Shipping and Delivery
5.1 Shipping
We will ship your Products to the address you provide during the checkout process. Shipping costs and estimated delivery times will be displayed at checkout.
5.2 Delivery
We aim to deliver your Products within the estimated delivery timeframe, but we are not responsible for any delays caused by third-party carriers, customs, or other factors beyond our control.
- Returns and Refunds
6.1 Return Policy
You may return Products within [insert number] days of receipt for a refund or exchange, provided that the items are in their original condition and packaging. To initiate a return, please contact us at [insert contact email].
6.2 Refunds
Refunds will be processed using the original payment method within a reasonable timeframe after we receive and inspect the returned Products.
- Intellectual Property
All content on the Platform, including text, graphics, logos, images, and software, is the property of “Only Make Waves” or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from the Platform without our prior written consent. - Limitation of Liability
To the fullest extent permitted by applicable law, “Only Make Waves” shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform or the purchase of Products, including but not limited to loss of profits, data, or use. - Indemnification
You agree to indemnify, defend, and hold harmless “Only Make Waves,” its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or in connection with your breach of these Terms or your use of the Platform. - Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions. - Changes to These Terms
We may modify these Terms from time to time. Any changes will be posted on this page with an updated effective date. Your continued use of the Platform after any modifications to these Terms will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Terms. - Contact Us
If you have any questions or concerns regarding these E-commerce Terms, please contact us at:
Email: info@onlymakewaves.com
Community Guidelines
Effective Date: November 5th, 2024
Welcome to “Only Make Waves”! We are dedicated to fostering a positive and creative environment for artists, contributors, and art enthusiasts. These Community Guidelines (the “Guidelines”) outline the standards of behavior expected from all users of our platform (the “Community”). By participating in our Community, you agree to adhere to these Guidelines. If you do not agree with any part of these Guidelines, please refrain from using our platform.
- Respect and Inclusivity
1.1 Be Kind and Respectful
Treat all members of the Community with kindness and respect. Harassment, discrimination, hate speech, or any form of bullying will not be tolerated. Our Community is made up of diverse individuals with varying backgrounds and perspectives, and we celebrate this diversity.
1.2 Encourage Constructive Feedback
When providing feedback on someone’s work, focus on constructive criticism. Be supportive and aim to uplift fellow artists, fostering a collaborative atmosphere.
- Intellectual Property
2.1 Respect Artistic Rights
Only share original works or content for which you hold the rights. Do not post or distribute any copyrighted materials without permission from the original creator. Plagiarism will not be tolerated and may result in the removal of your content from the platform.
2.2 Give Credit
When referencing or sharing another artist’s work, provide appropriate credit. Acknowledging the contributions of others promotes a culture of respect and appreciation.
- Appropriate Content
3.1 Art and Creativity
We encourage creativity in all forms, but all submitted works must align with our platform’s mission and values. Content that is obscene, graphic, violent, or otherwise inappropriate is prohibited.
3.2 No Spam or Self-Promotion
Avoid excessive self-promotion or spammy behavior in comments, forums, or other Community interactions. If you wish to share your work, do so in designated areas and ensure that it adds value to the conversation.
- Privacy and Safety
4.1 Protect Personal Information
Do not share personal information, including your address, phone number, or any sensitive data, on the platform. Respect the privacy of other users and do not disclose their personal information without their consent.
4.2 Report Concerns
If you encounter any content or behavior that violates these Guidelines or makes you feel uncomfortable, please report it to us immediately. We take all reports seriously and will investigate them promptly.
- Community Engagement
5.1 Participate Actively
Engagement is key to building a vibrant community. Participate in discussions, share your thoughts, and contribute to collaborative projects. Your input helps shape our Community.
5.2 Be Open to Different Perspectives
Embrace diverse viewpoints and be open to learning from others. Engaging with different perspectives enhances creativity and fosters a richer Community experience.
- Enforcement
6.1 Violations
We reserve the right to take appropriate action if these Guidelines are violated. This may include issuing warnings, removing content, or, in severe cases, suspending or banning users from the platform.
6.2 Appeals
If you believe a decision made regarding your content or behavior is unfair, you may appeal the decision by contacting us at [insert contact email]. We will review your case and respond accordingly.
- Changes to These Guidelines
We may modify these Guidelines from time to time to reflect changes in our Community standards or applicable laws. Any changes will be posted on this page with an updated effective date. Your continued use of the platform after any modifications to these Guidelines will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Guidelines. - Contact Us
If you have any questions or concerns regarding these Community Guidelines, please contact us at:
Email: info@onlymakewaves.com
Disclaimers
Effective Date: November 5th, 2024
The following disclaimers (the “Disclaimers”) govern your use of the website and services of “Only Make Waves” (the “Platform,” “we,” “us,” or “our”). By accessing or using our Platform, you acknowledge and agree to these Disclaimers. If you do not agree with any part of these Disclaimers, please refrain from using our Platform.
- No Guarantees or Warranties
1.1 Content Accuracy
While we strive to provide accurate and up-to-date information on our Platform, we make no guarantees regarding the accuracy, reliability, or completeness of any content, including artwork, descriptions, and other materials. The information provided on our Platform is for general informational purposes only and should not be relied upon as a sole source of information.
1.2 Product Availability
We cannot guarantee the availability of any specific artwork or Product at any given time. The Platform is subject to change, and Products may become unavailable or discontinued without notice.
- User-Generated Content
2.1 No Endorsement
The Platform may include content submitted by users, including artwork, comments, and reviews. We do not endorse, guarantee, or assume responsibility for the accuracy, quality, or legality of any user-generated content. Users are solely responsible for their submissions and the consequences of sharing them.
2.2 Content Moderation
While we may monitor user-generated content, we do not have a duty to do so and do not take responsibility for any content that may violate our Community Guidelines or applicable laws. We reserve the right to remove any content at our discretion.
- Third-Party Links
The Platform may contain links to third-party websites or services that are not owned or controlled by “Only Make Waves.” We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. We encourage you to review the terms and conditions and privacy policies of any third-party sites you visit. - Limitation of Liability
4.1 No Liability for Damages
To the fullest extent permitted by applicable law, “Only Make Waves,” its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your access to or use of the Platform, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses.
4.2 Risk of Use
Your use of the Platform is at your own risk. We do not warrant that the Platform will be uninterrupted, secure, or free from errors, viruses, or other harmful components. We are not responsible for any damage to your device or loss of data resulting from your use of the Platform.
- Indemnification
You agree to indemnify, defend, and hold harmless “Only Make Waves,” its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or in connection with your use of the Platform, your violation of these Disclaimers, or your violation of any rights of another party. - Changes to These Disclaimers
We may modify these Disclaimers from time to time to reflect changes in our practices or applicable laws. Any changes will be posted on this page with an updated effective date. Your continued use of the Platform after any modifications to these Disclaimers will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Disclaimers. - Contact Us
If you have any questions or concerns regarding these Disclaimers, please contact us at:
Email: info@onlymakewaves.com
Data Processing Agreement (DPA)
Effective Date: November 5th, 2024
This Data Processing Agreement (the “DPA”) is entered into between “Only Make Waves” (the “Data Processor,” “we,” “us,” or “our”) and you (the “Data Controller,” “you,” or “your”), collectively referred to as the “Parties,” for the purpose of governing the processing of personal data in connection with the services provided by the Data Processor. This DPA is supplemental to any other agreements between the Parties.
- Definitions
1.1 Personal Data
“Personal Data” means any information relating to an identified or identifiable natural person, including but not limited to names, email addresses, phone numbers, and any other information that can be used to identify an individual.
1.2 Processing
“Processing” means any operation or set of operations performed on Personal Data, including but not limited to collection, recording, storage, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, and erasure.
1.3 Data Protection Laws
“Data Protection Laws” means all applicable laws and regulations relating to the processing of Personal Data, including but not limited to the General Data Protection Regulation (GDPR) and any applicable local data protection laws.
- Purpose of Processing
The Data Processor shall process Personal Data on behalf of the Data Controller for the purposes of providing the services outlined in the agreement between the Parties (the “Services”). The specific nature and purpose of the Processing, the type of Personal Data, and the categories of Data Subjects shall be detailed in Annex A attached to this DPA. - Obligations of the Data Processor
3.1 Compliance with Laws
The Data Processor agrees to process Personal Data in compliance with Data Protection Laws and to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
3.2 Confidentiality
The Data Processor shall ensure that any person authorized to process Personal Data on its behalf is subject to confidentiality obligations.
3.3 Subprocessors
The Data Processor may engage subprocessors to process Personal Data. The Data Processor shall remain fully liable for any acts or omissions of its subprocessors. A list of approved subprocessors is provided in Annex B attached to this DPA.
3.4 Data Subject Rights
The Data Processor shall assist the Data Controller in responding to requests from Data Subjects exercising their rights under Data Protection Laws, including rights to access, rectification, erasure, restriction of processing, and data portability.
3.5 Data Breach Notification
In the event of a Personal Data breach, the Data Processor shall notify the Data Controller without undue delay after becoming aware of the breach. Such notification shall include all relevant information to assist the Data Controller in meeting any obligations to report or inform Data Subjects of the breach under Data Protection Laws.
- Obligations of the Data Controller
4.1 Lawful Basis for Processing
The Data Controller represents and warrants that it has a lawful basis for processing Personal Data and has obtained any necessary consents from Data Subjects, as required by Data Protection Laws.
4.2 Instructions for Processing
The Data Controller shall provide the Data Processor with documented instructions regarding the processing of Personal Data. The Data Processor shall process Personal Data only in accordance with those instructions.
4.3 Data Security
The Data Controller shall implement appropriate technical and organizational measures to protect Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
- Data Transfers
If Personal Data is transferred outside the European Economic Area (EEA), the Data Processor shall ensure that appropriate safeguards are in place in accordance with Data Protection Laws, such as standard contractual clauses or adequacy decisions. - Duration and Termination
6.1 Duration
This DPA shall remain in effect for as long as the Data Processor processes Personal Data on behalf of the Data Controller.
6.2 Termination
Upon termination of the Services, the Data Processor shall, at the choice of the Data Controller, delete or return all Personal Data, unless applicable law requires storage of the Personal Data.
- Liability
Each Party shall be liable for any breaches of this DPA and shall indemnify the other Party for any claims arising from such breaches, to the extent permitted by law. - Changes to This DPA
We may modify this DPA from time to time to reflect changes in our practices or applicable laws. Any changes will be posted on this page with an updated effective date. Your continued use of the Services after any modifications to this DPA will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified DPA. - Governing Law
This DPA shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions. - Contact Us
If you have any questions or concerns regarding this Data Processing Agreement, please contact us at:
Email: info@onlymakewaves.com
Compliance with Platform-Specific Regulations
Effective Date: November 5th, 2024
This Compliance with Platform-Specific Regulations (the “Compliance Policy”) outlines the responsibilities of users and “Only Make Waves” (the “Platform,” “we,” “us,” or “our”) in adhering to applicable laws and regulations that govern the operation and use of our platform. By accessing or using our platform, you acknowledge and agree to comply with this Compliance Policy. If you do not agree with any part of this Compliance Policy, please refrain from using our platform.
- Regulatory Framework
1.1 Applicable Laws and Regulations
Users of the Platform are required to comply with all applicable local, national, and international laws and regulations concerning their use of the Platform and the content they create, share, or distribute. This includes but is not limited to:
Copyright and intellectual property laws
Consumer protection laws
Data protection and privacy laws
E-commerce regulations
Anti-discrimination laws
Laws governing online communications and conduct
1.2 Platform-Specific Regulations
In addition to general legal obligations, users must comply with any specific regulations or guidelines that apply to the art industry, including those related to the sale and distribution of artwork, licensing, and artistic representation.
- User Responsibilities
2.1 Content Compliance
Users are solely responsible for the content they create and share on the Platform. This includes ensuring that:
All content is original or properly licensed and does not infringe upon the intellectual property rights of others.
The content complies with applicable laws, including those governing obscenity, hate speech, and defamation.
Any personal data shared in connection with the content is handled in accordance with Data Protection Laws.
2.2 Licensing and Sales
Users engaging in the sale or licensing of artwork must ensure compliance with relevant laws governing commercial transactions, including:
Properly representing the ownership and rights to the artwork being sold or licensed.
Providing clear and accurate descriptions of the artwork, including any relevant disclaimers regarding authenticity or provenance.
Adhering to any applicable sales tax regulations.
2.3 Reporting Violations
Users are encouraged to report any content or behavior that violates this Compliance Policy or applicable laws. Reports can be submitted to our support team at [insert contact email]. We take all reports seriously and will investigate them promptly.
- Platform Responsibilities
3.1 Compliance Monitoring
“Only Make Waves” reserves the right to monitor user-generated content and interactions on the Platform to ensure compliance with this Compliance Policy and applicable laws. While we aim to foster a safe and compliant environment, we do not have a duty to review all content and interactions.
3.2 Enforcement Actions
If we determine that a user has violated this Compliance Policy or applicable laws, we reserve the right to take appropriate action, which may include:
Removing or disabling access to the offending content.
Issuing warnings or temporary suspensions of user accounts.
Terminating user accounts for repeated violations.
3.3 Cooperation with Authorities
In the event of any investigation or request for information from law enforcement or regulatory authorities, we will cooperate fully and provide any necessary information in accordance with applicable laws.
- Changes to This Compliance Policy
We may modify this Compliance Policy from time to time to reflect changes in our practices or applicable laws. Any changes will be posted on this page with an updated effective date. Your continued use of the Platform after any modifications to this Compliance Policy will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Compliance Policy. - Contact Us
If you have any questions or concerns regarding this Compliance Policy, please contact us at:
Email: info@onlymakewaves.com