Privacy
Your privacy is critically important to us.
.Wav Pool is an online service located on the web at http://www.wav-pool.com
It is .Wav Pool's policy to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to www.wav-pool.com (hereinafter, "us", "we", or "www.wav-pool.com"). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.
Website Visitors
Like most website operators, .Wav Pool collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. .Wav Pool's purpose in collecting non-personally identifying information is to better understand how .Wav Pool's visitors use its website. From time to time, .Wav Pool may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
.Wav Pool also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users using http://www.wav-pool.com and the subdomains associated with the site. .Wav Pool only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to .Wav Pool's websites choose to interact with .Wav Pool in ways that require .Wav Pool to gather personally-identifying information. The amount and type of information that .Wav Pool gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at http://www.wav-pool.com to provide a username and email address.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Advertisements
Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by .Wav Pool and does not cover the use of cookies by any advertisers.
Links To External Sites
Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
Aggregated Statistics
.Wav Pool may collect statistics about the behavior of visitors to its website. .Wav Pool may display this information publicly or provide it to others. However, .Wav Pool does not disclose your personally-identifying information.
Cookies
To enrich and perfect your online experience, .Wav Pool uses "Cookies", similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. .Wav Pool uses cookies to help .Wav Pool identify and track visitors, their usage of http://www.wav-pool.com, and their website access preferences. .Wav Pool visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using .Wav Pool's websites, with the drawback that certain features of .Wav Pool's websites may not function properly without the aid of cookies.
By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to .Wav Pool's use of cookies.
Privacy Policy Changes
Although most changes are likely to be minor, .Wav Pool may change its Privacy Policy from time to time, and in .Wav Pool's sole discretion. .Wav Pool encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Affiliated Services
When using the .Wav Pool site or portions there of, known as the "Catalog" (wav-pool.com/catalog) you will be using the following affiliated service known as Composerly. This service's privacy policy is outlined as:
Composerly, a service provided by Alex Weinstein Music, Inc. (“AWM”, “we” “our”, or “us”).
These Terms of Use govern your use of https://composerly.com (the “Website”), and constitute a legally binding agreement (the “Agreement”) between you and AWM in relation to your use of the Website.
Acceptance of Terms of Use
Please read these Terms of Use carefully. If you do not agree to any of the provisions set out in these Terms of Use, you should not use the Website. By accessing or using the Website, signing in via Dropbox, requesting permission to download content, or by viewing, accessing, streaming, or downloading any information or content from the Website, you represent and warrant that you have read and understood the Terms of Use, and that you are either 18 years of age or more, or that you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Website.
Changes to Terms of Use
We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.
Your continued use of the Website following such modifications shall constitute your acceptance of the revised Terms of Use.
Description of the Website
The Website showcases music composed and produced by various composers (“Music,” or the “Tracks”).
Through integration with the SoundCloud [link to SoundCloud terms of use] and Dropbox serivce, the Website allows you to access and interact with this Music in various ways. Even without signing in via Dropbox, you may stream the Music. Users who choose to sign in may also indicate which Tracks are their favorites, and such information will be stored and easily accessible. Users who apply for permission to download Tracks from the Website – the application consists of a handful of questions regarding identity and intended use – may, if approved, download various Tracks to their individual Dropbox accounts. (The downloading is automated by the Website, which also creates a designated folder in the user’s Dropbox account to store the downloaded Tracks.)
The Website collects a minimal amount of personal information regarding each user, discussed further below. Also, as discussed below and noted above, the Website does not grant you any license to use the Music beyond the right to stream or, if granted, download the music for personal or evaluative use. Under no condition may you make any public or commercial use of the Music without a separate, negotiated license from AWM.
Sign in with Dropbox
To enable features beyond streaming – marking and storing favorites, and downloading Tracks (the “Dropbox Features”) – you must sign in with your Dropbox account. These Dropbox Features are accomplished through Dropbox. Accordingly, your use of these features are governed by and subject to Dropbox, Inc.’s Terms of Service and its various policies, including but not limited to its Privacy Policy, DMCA Policy and Acceptable Use policy, all accessible here. AWM disclaims all liability regarding your use of the Dropbox Features.
AWM does not have access to your Dropbox files. AWM utilizes the Dropbox API, but AWM is not in any manner endorsed by, affiliated or partnered with Dropbox.
Privacy
If you sign in with Dropbox, AWM logs your name, email address, what Tracks you download and when you download them. No other personal information is collected or stored by AWM or even accessible to AWM in relation to the Dropbox Features. AWM encourages users to review Dropbox, Inc.’s Privacy Policy to determine how, if at all, your privacy may be impacted by Dropbox through your use of the Dropbox Features.
AWM does not monitor your personal usage of the Website or collect any of your personal information if you do not sign in with Dropbox. AWM does use various analytic services to collect data, including page views, play counts, favorites, search queries and other metrics, but such data is kept anonymous.
Extremely Limited License
Nothing contained herein or accessible via the Website shall constitute a license to use the Music or Tracks, beyond the following:
Streaming
AWM grants you the non-exclusive, eternally revocable right to stream the Music for your own personal, non-commercial, non-public use.
AWM grants you the non-exclusive, eternally revocable right to stream the Music for non-public, evaluative purposes; i.e., to determine, privately, whether the Music is suitable for your intended commercial use.
Copyright
AWM respects others’ intellectual property and asks that you do too. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to AWM’s Designated Copyright Agent. Upon receipt of Notice as described below, AWM will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to AWM’s Designated Copyright Agent:
Copyright Agent
Composerly.com
129 Boerum Place, #2E
Brooklyn, NY 11201
copyright@alexweinstein.com
Indemnification
You hereby agree to indemnify, defend and hold harmless AWM, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AWM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT AWM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN $1. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
Termination
We reserve our right to suspend your use of and/or access to the Website. We also reserve our right to revoke your permission to download Music. We may exercise these rights without cause and/or without notice. We reserve the right also to suspend operation of the Website, either for a finite period, indefinitely or permanently.
Website is available “As-Is”
THE WEBSITE IS PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AWM will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Website. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Miscellaneous
CHOICE OF LAW: The validity, construction and effect of this Agreement shall be construed according to the laws of the State of New York, without regard for its conflicts of law principles.
JURSIDICTION: Jurisdiction to any controversies arising from or related to this Agreement is exclusive to the federal or state courts located in Kings County, New York, and you consent to the exercise of personal jurisdiction over you by any of those courts.
NO WAIVER: AWM’s failure to enforce a provision is not a waiver of its right to do so later.
SEVERABILITY: If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
NO ASSIGNMENT: You may not assign any of your rights in these Terms of Use, and any such attempt is void, but AWM may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Website.
ENTIRE UNDERSTANDING: These Terms of Use constitute the entire and exclusive agreement between you and AWM with respect to the Website, and supersede and replace any other agreements, terms and conditions applicable to the Website.