1. The service
The Ubetoo website www.ubetoo.com (“Website”) is a marketplace for entertainment. The Ubetoo website permits the submission by registered originators (“Originators”) of music, pictures, video content and other materials which has not previously been published (“Originator Submissions”) and the digital distribution of such Originator Submissions by Ubetoo and/or third party service providers through download, streaming, sales platforms and subscription services or other current or future digital distribution technologies to end consumers (“Digital Distribution”). Ubetoo further cooperates with third party service providers to make available various technical configurations of Originator Submissions such as ringtones, realtones and/or ringbacktones as downloads (“Mobile Services”). The aforementioned is below jointly referred to as the Service.
2. Access to the Website
Originator is solely responsible for Originator’s own Originator Submissions and all the consequences of posting/publishing them. In connection with Originator Submissions, Originator confirms, signifies, and warrants:
In connection with Originator Submissions, Originator further agrees not to:
(a) Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Originator is the owner of such rights or has permission from their rightful owner to post the material and to grant Ubetoo and third party service providers 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 without prior permission from Ubetoo.
(e) Impersonate another person.
Originator further warrants and represents to indemnify and hold harmless Ubetoo of and from any and all obligations to any costs, expenses or disbursements with respect to any suits, actions, proceedings or claims arising from any breach of the aforementioned warranties. In respect of reasonable and justified third party claims, Ubetoo shall have the right to withhold any royalties or remuneration for merchandising set forth in section 6 or 7 below and Ubetoo shall further, after receipt of a court order or conclusion of a binding settlement approved by Originator, have the right to deduct any payments to third parties from any royalties stated hereunder.
5. Price and payment
Originator shall pay to Ubetoo a half year or a yearly fee for the Service, exclusive of value added tax, to be paid annually or semi-annually in advance as further published on the Website. The current fee is set forth in the applicable price list published on the Website.
In the event of cessation of publication in accordance with section 12 below, Ubetoo shall have no obligation to repay any fee set forth in this section 5.
(i) Up to the accumulated amount per month published on the Website: 100 % to Originator.
(ii) Exceeding the accumulated amount per month set forth in section (i) above: 75 % to Originator, and 25 % to Ubetoo.
The accumulated royalties 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.
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 royalties to Ubetoo.
Any royalties not transferred or withdrawn for a period of 6 months from when the royalties accrued will be withheld by Ubetoo. The Originator shall consequently not be entitled to any funds that have been deposited with Ubetoo for a period in excess of 6 months.
(i) Ubetoo shall manufacture and sell products to end consumers. Any and all net incomes for merchandising through manufacture and sale shall be allocated and distributed between Ubetoo and Originator in the following proportion, exclusive of value added tax:
50 % percent to Originator, and 50 % percent to Ubetoo.
(ii) Ubetoo shall manufacture products on behalf of, and sell products to, Originator. Originator shall purchase the products to the price set forth in the applicable price list published on the Website, exclusive of value added tax.
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.
9. Consent pursuant to the Personal Data Act and the Marketing Act
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 third party contractors 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 third party contractors regardless of whether these are established within the EES or not.
10. Intellectual property rights
11. 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.
12. Cessation of publication etc.
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.
13. Force majeure
14. Amendments to terms
16. Term and termination