These Terms and Conditions of Use (the “Agreement”) are between you and First Wave PR, its subsidiaries and affiliates (the “Administrator”). In consideration of the right to access and use the website located at the Universal Resource Locator address https://firstwavepr.com (the “Site” or the “Website”), and to receive the services offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 13 years of age.
This Agreement applies to the Services (as described below) currently offered by Administrator and any Services that Administrator may choose to offer in the future (unless stated otherwise).
The Website and the Services are available only to, and may only be used by individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13) or to any user who has been suspended from the site, whose use has been restricted for any reason or whose registration has been revoked. If you are under the age of 13, you can use this service only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use the Website or the Services. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms and Conditions.
YOUR USE OF THE WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.
Website Content. The Website presents information and content including, but not limited to, articles, opinions, text, data, software applications, commentary, advertisements, graphics, illustrations, calendars, designs, games, reviews, video and audio files, programs, code, and photos, in addition to User Generated Content (as defined herein) (collectively, “Content”), that is owned or licensed by Administrator. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Administrator. When used in these Terms and Conditions, “we”, “us” and “our” mean Administrator.
The Content contained on this Website is for general information use only and has not been verified by Administrator. Administrator does not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance by any person upon any Content we provide. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.
Services. Through the Website, you may be able to review Content (as defined herein), upload and download files, register for membership, purchase products, make donations, sign up for events, pay for goods and services, communicate and establish relationships with other users, and post information, opinions and comments (together, the “Services”). Administrator reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Administrator reserves the right to permit or restrict access to any user in it its sole discretion.
Profiles, Blogs and Boards. Administrator offers original and third party information on the Website. You may be invited to provide custom screen names, icons, and profile information created by you (together, “Profile Information”); and you may be permitted to comment on, post, transmit or submit messages, ideas and other materials, which may include uploading files, inputting data, providing personal information, submitting opinions or engaging in any form of communication (“Content”) that you submit, post and display on the Website or through the Services (collectively, “User Generated Content”) to other Website users, blogs, bulletin boards and public areas within or in connection with the Site or in connection with the Services provided hereunder (collectively “Forums”). In submitting User Generated Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
User Generated Content. Administrator does not endorse and has no control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Site is not necessarily reviewed by Administrator prior to posting and does not necessarily reflect the opinions or policies of Administrator. If at any time Administrator chooses, in its sole discretion, to monitor the Forums, Administrator nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content. Administrator makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Website. Nonetheless, Administrator reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that Administrator shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this Site and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.
Certain portions of this Website may offer you the ability to send (by e-mail or otherwise) messages directly to Administrator or another user. Administrator shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Website. Administrator reserves the right, but has no obligation, to monitor disputes between you and other users.
In the event a dispute arises between you and Administrator or any third party, please e-mail Administrator at and we will work quickly towards a resolution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Ownership and Use of Content. All of the Content is owned or licensed by Administrator and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Administrator. Please contact us at with any licensing inquiries.
By providing your Profile Information and/or User Generated Content or engaging in any form of communication on or through the Website, you hereby grant Administrator a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any User Generated Content which you may provide. You hereby waive all rights to any claim against Administrator for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Generated Content. By submitting User Generated Content, you represent to Administrator that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign or license to Administrator all rights, title and interest as set forth herein in and to such User Generated Content. You acknowledge that The Administrator has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify Administrator from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against The Administrator in connection with such User Generated Content.
You agree to release Administrator, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums or the Services. If at any time you are not happy with the Website or the Services or object to any Content, your sole remedy is to cease using them.
3 PROVISION OF THE SERVICES
3.1 First Wave PR shall provide to the Client the Services; and perform the Services with a reasonable level of skill and care in accordance with a degree of skill, diligence, prudence and foresight which, as at the relevant time, would reasonably be expected from a skilled and experienced supplier of PR services seeking in good faith to comply with its contractual obligations.
3.2 First Wave PR shall without the agreement of the Client be entitled to make operational changes to the Services that have no material adverse effect on the Services.
3.3 First Wave PR guarantees that the Services supplied by it shall comply with the specification contained in each contract and in the absence of any such specification shall comply with First Wave PR’s appropriate specification.
First Wave PR shall not be liable for any loss caused to Client’s goods whilst in First Wave PR’s possession unless such loss may be caused by willful recklessness of First Wave PR’s employees or agents in which case First Wave PR shall account to the Client for any monies that it may receive under any insurance policy (First Wave PR not being under any obligation to insure). First Wave PR shall not be liable for samples, or products of the Client, which are sent to the Media, as part of PR activity.
3.5 Third party products supplied and/or sublicensed by First Wave PR’s part of the Services will be supplied in accordance with the relevant supplier’s applicable terms. The Client agrees that it will at all times comply with the provisions of such standard terms.
3.6 In the event of a limited time scale for the provision of the Service, First Wave PR will advise the client of a project completion date and will offer the client the opportunity to further continue the project for a further fee, if deemed extra hours would be beneficial.
3.7 With the supply of Public Relations services, First Wave PR provides no guarantees as to the coverage to be gained for the Client, and can not be liable for any content created by the media, with reference to the Client.
NO WARRANTY. THE SERVICES, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ADMINISTRATOR SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND THE WEBSITE AND ALL THEIR CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR SERVICES.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
NO LIABILITY. IN USING THE WEBSITE AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD ADMINISTRATOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE, EMAIL, FORUMS, THE SERVICES OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. ADMINISTRATOR SHALL NOT BE LIABLE EVEN IF ADMINISTRATOR OR AN AUTHORIZED REPRESENTATIVE OF ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF ADMINISTRATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE SITE OR THE SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO ADMINISTRATOR IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.Damages are limited to the purchase price of the service ordered. Damages are limited in any lawsuit to the purchase price paid to us. Under no circumstances do damages go beyond the purchase price. In no event will Company be liable for any special, indirect, incidental, exemplary, punitive or consequential damages, even if Company has previously been advised of the possibility of such damages. By using our service you also agree that each crowdfunding project is unique and cannot be aggregated into a group or class. The efficacy of our service and the success or failure of a crowdfunding project is measured by many factors, such as a projects category, funding type, funding goal, completeness of project page, additional marketing strategies, project idea, rewards offered, price of rewards, crowdfunding trends, timing, shipping, crowdfunding platform used, project duration, media contacts targeted, previous media coverage or exposure before using our service, newsworthiness of the subject matter, PR content created for the project, and perceived value from the crowdfunding community. The results may vary based on these 18 different factors mentioned. Each campaign would be measured on these 18 factors, and you agree that each claim must be brought separately due to the difficulty in comparing the success or lack thereof as relevant to the effectiveness of the services.
Term & Termination. The term of this Agreement shall commence when you first visit the Website, view the Content or use the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. Administrator may, with or without cause, immediately terminate this Agreement without notice, and deny you access to the Website and/or the Services in its sole discretion. Without limiting the foregoing, Administrator has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that Administrator, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website and/or use the Services. Without limiting any other rights Administrator has, you understand and acknowledge that Administrator, in its sole discretion, may pursue legal and/or equitable relief against you if you breach or threaten to breach these Terms and Conditions.
Refunds and Cancellations: All sales are final. Due to the nature of PR services and the hard costs that we experience, refunds are impossible after you approve the PR content we create for your project. This is similar to all professional PR agencies. If you cancel your crowdfunding campaign or PR campaign for any reason after you already approved the PR content, your are absolutely NOT entitled to a refund of any kind. If you would like revisions on your PR content, we will do a maximum of (5) revisions free of charge. You agree not to ask, threaten, or demand a refund for First Wave PR for any reason, including but not limited to, canceling your PR campaign early, canceling your crowdfunding campaign, early termination of your crowdfunding campaign, removal from a crowdfunding platform, not reaching stated funding goal, not surpassing stated funded goal, and/or not reaching a desired funding amount. You agree that this payment is a retainer for managing the PR for your project and is therefore absolutely non-refundable after the PR content is already approved by client. All sales are final after the client approves the PR content. There are absolutely no refunds after the PR content is approved by client. Client agrees that the services described on our website and marketing materials are accurately described. We will manage the PR outreach for client, but we make no guarantees of results or client satisfaction. Client agrees that there are absolutely no refunds after client approves the PR content created by company, for any reason, such as: lack of success, ROI, funds raised, client satisfaction, client communication, reporting, media coverage, or desired results. We make no guarantees. By using our service, client also agrees that they have reviewed the terms of service agreement with his/her Visa, Mastercard, Discover, or American Express card and waive the right to file a chargeback for this transaction after approving the PR content is approved. In the event Client makes a payment via Paypal, client also agree that they have reviewed the terms of service agreement with Paypal and waive their right to file a Paypal dispute or file a chargeback for this transaction after approving the PR content is approved. ABSOLUTELY NO REFUNDS AFTER YOU APPROVE THE PR CONTENT CREATED FOR YOUR PROJECT.
You agree to pay First Wave PR all legal, administrative, and professional fees, costs, and damages associated with fighting or suppressing your unfair refund demands, chargebacks, or defamation. If you do not agree with these terms, then do NOT use our services.
Changes: The Content on this website and these Terms and Conditions are subject to change and updating by Administrator and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.
User Content: By posting, connecting, or submitting any text, images, designs, video, sound, code, data, lists, information associated with your social network profile, or other materials or information (such user-submitted content, collectively, “User Content”) through or in connection with an Application, you grant to Agency, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. This is for promotion purposes only and grants us the right to use your content simply to promote your project.
You represent and warrant that: (a)You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Application; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the Agreement, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Application.
You are solely responsible for the User Content that you post, store or upload through or in connection with the Application, including any material or information that you transmit to other users or post on Facebook or other social network. Agency does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Application; however, Agency reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Application at any time and for any reason without notice. Without limiting the foregoing, Agency may remove any User Content for any reason including content that in the sole judgment of Agency violates the Agreement, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Agency does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
- Digital Millennium Copyright Act (“DMCA”) Notice. We are committed to complying with U.S. copyright and related laws, and we require all users of the Application to comply with these laws. Accordingly, you may not disseminate any material or content using the Application in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Application if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.