Terms of services
Terms of Services
- Introduction
This website is owned and operated by Next Wave. By using our website, you agree to these terms and conditions. If you do not agree to these terms and conditions, you must not use our website.
- User Obligations & Responsibilities
You must be at least 18 years of age to use our website. By using our website, you represent and warrant that you are at least 18 years of age and that you have the legal capacity to enter into these terms and conditions. If you are using our website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these terms and conditions.
You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible 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. We will not be liable for any loss or damage arising from your failure to comply with this provision.
- Rules of Conduct
You agree to use our website only for lawful purposes and in accordance with these terms and conditions. You agree not to use our website:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- 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 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 Next Wave, a Next Wave employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website or which, as determined by us, may harm Next Wave or users of the website or expose them to liability.
- Ownership of Technology and Content
Our website and its 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 Next Wave, its licensors, or other providers of such material and are protected by spanish and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not modify, copy, reproduce, distribute, transmit, display, publish, sell, license, create derivative works of, or otherwise exploit any content or materials on our website without our prior written consent.
- Pricing and Payment
The prices for our products are listed on our website and are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without notice. We accept payment by credit card and other payment methods as listed on our website. You represent and warrant that you have the legal right to use any credit card or other payment method used to purchase products on our website.
- Shipping and Delivery
We will ship your order to the shipping address provided during checkout. We will use reasonable efforts to ship your order within the estimated timeframe stated on our website. However, we are not responsible for any delays caused by factors outside of our control, such as shipping carrier delays, weather delays, or customs delays. We are not responsible for any lost, stolen, or damaged shipments. If your shipment is lost, stolen, or damaged during transit, please contact us as soon as possible so that we can initiate an investigation with the carrier.
Please note that any customs duties, taxes, or fees incurred in connection with the shipment of your order are your responsibility.
- Returns and Refunds
No Refunds or Returns. All sales placed through the Site or Services are final. Next Wave has a no return and no refund policy. If you receive the wrong product or the product is damaged when it arrives to you please contact us immediately.
- Disclaimer of Warranties
We make no representations or warranties of any kind, express or implied, as to the operation of our website or the information, content, materials, or products included on our website. You expressly agree that your use of our website is at your sole risk. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of our website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Limitation of Liability
In no event shall Next Wave, its affiliates, licensors, service providers, or their respective directors, officers, employees, agents, contractors, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our website or the purchase of our products, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
- Indemnification
You agree to indemnify, defend, and hold harmless Next Wave, its affiliates, licensors, service providers, and their respective directors, officers, employees, agents, contractors, suppliers, and licensors from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these terms and conditions or your violation of any law or the rights of a third-party.
- Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of France, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these terms and conditions or the use of our website shall be instituted exclusively in the courts of France.
- Changes to these Terms and Conditions
We reserve the right to update or modify these terms and conditions at any time without prior notice. Your continued use of our website after any such changes constitutes your acceptance of the new terms and conditions. It is your responsibility to review these terms and conditions periodically for any updates or changes.
- Copyright Infringement Claims
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our website, please notify us immediately in writing. Your written notification should include:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will promptly investigate any such claims and take appropriate action, including removing or disabling access to the allegedly infringing material. We may also terminate the accounts of users who repeatedly infringe the intellectual property rights of others.
- User Submitted Materials
We may provide you with the ability to upload or submit user-generated content, such as product reviews or photographs, to our website. By submitting such content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user-generated content in all formats and distribution channels now known or hereafter devised (including in connection with our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that you own or otherwise control all of the rights to the user-generated content that you submit to us, and that the use of such content by us will not infringe upon or violate the rights of any third-party. You further represent and warrant that your user-generated content does not contain any defamatory, obscene, or otherwise unlawful material.
We reserve the right to remove any user-generated content from our website at any time and for any reason, without notice to or consent from you. We also reserve the right to terminate your access to our website if you repeatedly submit user-generated content that infringes upon or violates the rights of others or contains defamatory, obscene, or otherwise unlawful material.
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