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Terms of Use

Ubetoo Beta - Terms of Use

1.The service

The Ubetoo website is a marketplace for entertainment. Registered originators can or will be able to publish materials such as music, pictures, information, video content and other materials at the Ubetoo website which has not previously been published. The originator is able to market his/hers contributions through, among other things, viral marketing and SMS.

The material published at the Ubetoo website is only accessible through streaming, it is not possible to download any material from the website.


2.Access to the website

On the Ubetoo website, registered originators can publish music, pictures, information, video content and other material (when such becomes available).  Those registering as an originator must be 18 years old or have the consent of a guardian. Ubetoo is not responsible for persons who register and are under 18 years of age or who do not have the consent of a guardian. Upon registration, the person who wishes to become a member (below Originator) registers an Originator ID (e-mail address of the Originator, below Originator ID) and selects a password (below Password). The Originator ID and Password are personal and may only be used by the Originator. The Originator is responsible for the Originator ID and Password being kept in a secure manner and inaccessible for third parties. Regardless of the manner in which a third party got to know, or obtained access to, the Originator ID and Password, the Originator is responsible for all unauthorised use of the Service, including all particulars registered by the Originator, until the Originator has requested that Ubetoo block the Originator ID and the Password pertaining thereto. By ticking the box provided and clicking on the button provided for registration of Originator particulars, the Originator accepts and undertakes to comply with the terms of the Agreement.   

Ubetoo reviews all registrations for membership. Membership in Ubetoo is contingent upon Ubetoo’s approval of the registration. If Ubetoo approves membership in Ubetoo, the Originator receives confirmation thereof. Ubetoo reserves the right freely to deny membership. Access to the service starts on the day upon Ubetoo has confirmed the membership to the Originator. The terms of the Agreement apply to the subscription.   


3.Contributions

The Ubetoo website permits the submission of music, pictures, video content and other materials submitted by you and other Originators ("Originator Submissions") and the hosting, sharing, and publishing of such Originator Submissions. 

You are solely responsible for your own Originator Submissions and all the consequences of posting/publishing them. In connection with Originator Submissions, you confirm, signify, and warrant: 

(a) that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ubetoo to use every and all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Originator Submissions to enable inclusion and use of the Originator Submissions in the manner contemplated by the Ubetoo website and these Terms of Use. 

(b) that you have the written consent, release, and permission of each and every identifiable individual person in the Originator Submission to use the name or likeness of each and every such person to enable inclusion and use of the Originator Submissions in the manner contemplated by the website and these Terms of Use.

In connection with Originator Submissions, you further agree that you will not: 

(a) Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ubetoo all of the license rights granted herein.
(b) Publish falsehoods or misrepresentations that could damage Ubetoo or any third party.
(c) Submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
(d) Post advertisements or solicitations of business. 
(e) Impersonate another person.


4.Remuneration

Ubetoo will publish advertisements in conjunction with the Originator Submissions. 

Members of StagePool® will receive a 90 percent remuneration of the sales revenue for the particular advertisements displayed in conjunction with streaming of the Originator Submission. Originators who are not members of Stagepool® will receive a 50 percent remuneration of the sales revenue. Sales revenue shall be defined as monies paid to StagePool® less costs, taxes or levies.

Every time a visitor to the Ubetoo site push the play-button for the particular Originator Submission the advertisement is considered to be displayed and the Originator will be remunerated according to the above.

The accumulated remuneration will be paid once a month to a personal PayPal account provided by the Originator. For setting up a free personal PayPal account, visit www.paypal.com. The remuneration will only be paid when the payable amount exceeds 30 Euro.

Ubetoo reserves the right to withhold payment of remuneration if it comes to the knowledge of Ubetoo that the Service is being used in a manner which contravenes the Agreement.

Should the Originator submit material that is copyrighted or subject to third party proprietary rights and the Originator is not the owner of such rights or does not have permission from their rightful owner to post the material, the Originator shall be obliged to repay the remuneration to Ubetoo. 


5.Accessibility

Ubetoo shall work for the Service being accessible 24 hours per day. Ubetoo is entitled, however, to stop publication on the Website, the Service or parts of the Service to carry out customary and necessary maintenance of the system. Ubetoo is not responsible for interruption to publication which is a result of circumstances outside the control of Ubetoo and which Ubetoo could not foresee and the consequences of which Ubetoo could not avoid.   


6.Consent pursuant to the personal data act and the marketing act (SFS 1995:450)

By approving and accepting the Agreement, the Originator provides his/her consent pursuant to section 10 of the Personal Data Act (SFS 1998:204) for Ubetoo to register, disclose and otherwise process personal data and other information pertaining to the Originator to the extent required for Ubetoo to be able to provide the Service. 

Ubetoo will only collect personal data necessary for providing the Service. Personal data are used to administer the Service and to communicate with the Originator. The Originator consents to Ubetoo using the particulars to allow Ubetoo and Ubetoo’s partners to direct marketing, through e-mail or other electronic media, or through regular mail, to the Originator. The Originator is entitled, at any time, to request by notification to Ubetoo that such marketing is stopped. Ubetoo is entitled to transfer the personal data of the Originator to related companies, subsidiaries and Partners regardless of whether these are established within the EES or not.

By approving and accepting the Agreement, the Originator understands and accepts that Ubetoo will publish advertisements in conjunction with the Originator Submissions and that Ubetoo will market the Service by utilizing the Submissions of the Originators on third party websites. Furthermore the Originator understands and accepts that the Originator Submissions may be interrupted by advertisements.


7.Intellectual property rights

The title and copyright and other intellectual property rights to the Service and constituent parts of the Service belong to Ubetoo, with the exception of Originator Submissions, and do not, through this Agreement, pass in any respect to the Originator. The Originator is not entitled to assign or transfer to a third party its right to use or access the Service or its contents. To the extent that the Originator provides material for the Originator’s individual Ubetoo account, such as a company name or trademark, pictures, sound files, film clips, text or the like, the following shall apply. The Originator is responsible for the Originator having the necessary rights for using the material for his/her Ubetoo account. Ubetoo is entitled, without stating a reason, to remove material from the Originator’s Ubetoo account if it finds it necessary. The same applies if the Originator does not provide material but directs Ubetoo to set up the Originator’s Ubetoo account in a particular way. If Ubetoo incurs liability for damages to outsiders or other costs as a result of the above requirement not being met, the Originator is liable to compensate Ubetoo for the full value of the loss and for all costs which Ubetoo incurred as a consequence thereof. Material which the Originator has delivered to Ubetoo in conjunction with registration and which the Originator has expressly requested be returned to the Originator shall be returned to the Originator when the Originator’s Ubetoo account is completed. Ubetoo is not entitled to use the material other than on behalf of the Originator.


8.Limitation of liability

Ubetoo is not responsible for information provided on the Website or for assignments mediated through the Service. Ubetoo is not liable for direct, indirect or other loss to person or property or loss which can affect the Originator or third party which results from the Service, usage of or fault, such as an interruption, in the Service, or in the information forwarded with the Service. Nor is Ubetoo liable for any part of the data secrecy in conjunction with transmission of information upon use of the Service. 


9.Cessation of publication etc.

Ubetoo is entitled to de-register, with immediate effect, the Originator from the Service and to remove the Originator’s Ubetoo account from the website if it transpires that particulars in the Originator’s Ubetoo account or the action’s of the Originator are otherwise morally offensive, can be perceived to be sexual in nature, or in contravention of law or good practice, constitute infringement in the rights of a third party or on other grounds can entail a liability to pay damages for Ubetoo, are damaging to the goodwill which Ubetoo enjoys or in any other way, in the opinion of Ubetoo, are detrimental for the Service, another Originator or Ubetoo. The same shall apply if it comes to the knowledge of Ubetoo that the Service is being used in a manner which contravenes the Agreement or, if Ubetoo, in the opinion of Ubetoo, is obliged to do such under applicable legislation. Before this takes place, Ubetoo shall inform the Originator that Ubetoo will de-register the Originator from the Service and remove the Originator’s Ubetoo account from the website.  If Ubetoo incurs a liability to pay damages to outsiders, or other costs as a result of circumstances set forth in the previous, the Originator is obliged to compensate Ubetoo for damages and other costs. 

Ubetoo will immediately remove any materials if Ubetoo is notified of a dispute in the ownership of the materials. Such materials will not be re-published before Ubetoo is presented clear and unambiguous evidence on ownership of such materials.  


10.Force majeure

A party is relieved from sanctions for failure to fulfil certain obligations under the Agreement, if the failure is due to a circumstance of the kind which is stated below (“Relieving circumstance”) and the circumstance prevents, or considerably complicates the fulfilment in due time thereof and the party has not been able to control the circumstance. A Relieving circumstance shall be deemed to be, inter alia, an authority’s action or omission, new or amended legislation, departure of personnel, sickness or other impairment of work ability, death, labour-market conflicts, blockade, lightning, fire, flooding, loss or destruction of data or property of material importance, restrictions in power supply, shortage of transport, goods or energy, or for faults or delays in the delivery of goods or services by a supplier, faults in the public data or telephone or cable or mobile phone network and faults in hardware and software. If a party wishes to invoke relief pursuant to the provisions above, the party shall without unreasonable delay inform the counterparty hereof.


11.Amendments to terms
 
Ubetoo is entitled to amend provisions in the Agreement, the remuneration and the scope of the Service (below Terms). The terms applicable at any given time, can be found on the Website. Amendments of a technical, administrative or developmental kind may be carried out immediately. Other amendments take effect 30 days after the Originators concerned have been informed thereof.


12.Term and termination

The Ubetoo service will be tested during a beta period starting on 1 February 2008. The terms and conditions set forth in this Agreement will remain in force during the test period. The Agreement will, when the Ubetoo service is launched in its final version, be automatically replaced by a permanent agreement. Prior to the launch of the final version, Ubetoo has the right to change these terms and conditions, any such changes will be published on the website (www.ubetoo.com). You should therefore read the Terms of Use each time you intend to use or visit the website.
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