TERMS OF SERVICE

http://www.market.source-wave.com/ (hereinafter referred to as “website” or “Site” or “Source-wave” or "We" or "Us" or "Our") is owned and operated by Source Wave LLC (Name of the Company) with its office located at 2525 Worthington ST, Dallas TX 75024. http://www.market.source-wave.com/ facilitates a service, which allows users (hereinafter referred to as “You” or “Your” or “User”) to sell and/or buy services from other customers, using the source-wave website (collectively, the “Services”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.market.source-wave.com/privacy (link to privacy policy), and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties. The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the Website. This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions. PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
  1. DEFINITIONS:
1.1 ‘Jobs’ shall mean the services that are offered by sellers on source-wave website. 1.2 'Buyer' means a person buying services from a Seller on source-wave website; 1.3 ‘Content' means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through source-wave website; 1.4 ‘Seller' means a person selling services to a Buyer via source-wave website; 1.5 ‘User' means any person who uses source-wave website; 1.6 ‘User Content' means all Content uploaded, submitted, distributed, or posted to the services by Users. User Content does not include any materials or deliverables, or intellectual property therein arising from a Job, which shall be assigned to the Buyer on successful payment for the Job. User Content is the sole responsibility of the person who originated it.
  1. ELIGIBILITY:
2.1 Our Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities. 2.2 We may, at our sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
  1. SERVICES:
3.1 Everyone can create a free profile and post as many jobs as they like on source-wave website. 3.2 Seller shall post the same job only once. Duplicated or very similar jobs shall be deleted. 3.3 Only registered users can buy and sell on source-wave website. 3.4 Registering on source-wave website is free of charge. 3.5 Identity of the sellers and buyers is not known/ Anonymous. 3.6 Buyers may also request to customize a job as per his/her specifications which should be provided to the sellers.
  1. WEBSITE ACCESS:
4.1 In order to avail our services you shall be required to create an account with us.
  1. Accounts:
  2. a) In order to use the Website or the Services, you must register for an account with us (an "Account") and provide certain personal information including personal information such as name, email address, contact number and password. After providing us with the stated personal information and accepting our terms and conditions, you shall click on register now by which your information will be submitted to us and your account will be created.
  3. b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify source-wave website of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Source-wave website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4.2 You are responsible for safeguarding and maintaining the secrecy of your access credentials for the website, including, but not limited to, the password that you use to access the website. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above. 4.3 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly. 4.4 When creating an Account, don’t:
  1. a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
  2. b) Use a username that is the name of another person with the intent to impersonate that person;
  3. c) Use a username that is subject to rights of another person without appropriate authorization; or
  4. d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
4.5 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at support @ sourcewave.zendesk.com. 4.6 You may not transfer or sell your source-wave website account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. 4.7 Our Services are not available to temporarily or indefinitely suspended source-wave members. Source-wave website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Source-wave website reserves the right to refuse service to anyone, for any reason, at any time. 4.8 One individual can own only one account in his/her name. 4.9 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents listed on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company, and each of which may be updated by Company from time to time without notice to you.
  1. HOW SOURCE-WAVE WEBSITE WORKS:
5.1 We believe in providing our sellers and buyers with best quality experience. We understand that buyers require quality sellers and a platform on which sellers and buyers can sell and buy jobs online. 5.2 Sellers offer jobs on source-wave website and are notified by email once their job is bought by the buyer. 5.3 Sellers are required to deliver their work within the time frame fixed between the seller and the buyer or as mentioned in the job description. 5.4 If sellers do not deliver the work on time then the buyers can cancel the jobs and give a negative rating or feedback to the seller. 5.5 Sellers shall cancel ordered jobs anytime they like which will have a negative impact on their rating.
  1. PURCHASES AND PAYMENTS:
6.1 Buyers can buy/purchase jobs via PayPal, Credit cards etc. 6.2 The orders shall be created once the payments have been confirmed. 6.3 Buyers shall make the payments only through source-wave website and shall not pay the sellers outside this platform. 6.4 We require Buyers to pay the total amount to us which shall be kept in a separate account with us until the services are delivered to buyers. Once the services/work is delivered to the buyers, we shall release the payment to the seller’s account.
  1. PAYMENT GATEWAYS:
You expressly agree and acknowledge that we may employ or collaborate with third party payment gateways using secure SSL connections in order to facilitate, distribute, transact and receive payments for the services offered and received on or through this website. We reserve the right to change or replace the payment gateway on our sole discretion without any reservation whatsoever. We do not store your bank information with us and everything is completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you will hold us harmless against any such dispute or legal claim.
  1. AFFILIATE PROGRAMMES:
We have an affiliate system for the transactions for which the sellers receive the entire payment provided they are the referrers and if someone else refers a buyer then the amount shall be split in the ratio of 15:85.
  1. YOUR USE OF OUR SITE:
9.1 You may access and use our Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, our Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Sites, in whole or in part, at any time in our sole discretion. 9.2 Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site, including any images, text, graphics, sounds, data, links and other materials incorporated into our Site (other than your User Submitted Materials), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion our Site without our written consent. While using our Site, you agree not to:
  1. a) Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;
  2. b) Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  3. c) Restrict or inhibit any other user from using our Site, including, without limitation, by means of "hacking" or defacing any portion our Site;
  4. d) Violate any applicable laws or regulations;
  5. e) Upload to, transmit through, or display on our Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  6. f) Engage in spamming;
  7. g) Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  8. h) Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Site; and
  9. i) Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.
5.3 If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site. 9.4 You agree not to:
  1. a) Record, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. b) Harm minors in any way;
  3. c) Impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our website;
  5. e) Record, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
  6. f) Record, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
  7. g) Record, 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;
  8. h) Interfere with or disrupt the website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website;
  9. i) Intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
  10. j) “Stalk” or otherwise harass another; and/or
  11. k) Collect or store personal data about any other members or users.
9.4 You shall not post/share etc., on our website, any content that:
  1. a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. b) harasses or advocates harassment of another person;
  3. c) exploits people in a sexual or violent manner;
  4. d) contains nudity, excessive violence, or offensive subject matter or links to an adult website;
  5. e) solicits or is designed to solicit personal information from anyone under age 18;
  6. f) solicits or is designed to solicit an inappropriate or unlawful relationship with another member or other User;
  7. g) publicly post information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person's contact information on our Services without authorization);
  8. h) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  9. i) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or links to pirated music or video files;
  10. j) furthers, promotes or depicts any illegal or criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  11. k) depicts firearms or other weapons that is not related to sportsman activities;
  12. l) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from members;
  13. m) includes a photograph or video of another person that you have posted without that person's consent;
  14. n) uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
  15. o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
9.5 You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any Content that is available via our website. Without limiting the foregoing, we have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to member or user support requests, or (e) protect the rights, property, or safety of our website, its members, users, and the public.
  1. MATERIALS SUBMITTED BY USERS:
10.1 Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
  1. a) You will retain ownership of such User Submitted Materials, and you grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the service you request.
  2. b) While you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through our Site are not proprietary to you, and the rights to such template or layout will remain with us.
  3. c) You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
  4. d) You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable services, to enforce these Terms or to comply with legal obligations or governmen...