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2009-05-14

Terms of use

General

This agreement (hereinafter the “Agreement”) is a legally binding agreement between you and Gubemusic.com AS (hereinafter “Gubemusic”) regarding Gubemusic’s digital music service (hereinafter the “Service”). By clicking the “I accept” button, you accept to follow the terms of this Agreement and any document to which this Agreement refers.

The service

This Agreement applies for the entire Service offered by Gubemusic, including but not limited to the music or other content available for download, the web page currently available at the address www.gubemusic.com, as well as any future extensions or additions of the Service.

Gubemusic endeavors to make the Service available for its users at all times. However, the Service may be unavailable due to periodical maintenance, error correction or for other reasons, and Gubemusic accepts no liability for any consequences of unavailability of the Service.

To the extent Gubemusic offers to its users discussion boards or other means for the user to post text, pictures or other content to the Service, you undertake to follow any and all guidelines provided by Gubemusic concerning such discussion boards or other services. You further accept that Gubemusic does not exercise any control over and cannot be held liable for any content provided by you or other users. However, Gubemusic reserves the right to at its own discretion to remove any offensive, illegal or inappropriate content made available on the Service.

Gubemusic has all intellectual property rights, whether registered or unregistered, to the Service and its design, functionality and content, and no such rights of any kind are transferred to you under this Agreement.

Technical requirements

The Service requires a web browser to access and download Content, and suitable music software to play the Content.

The Service is designed to run on most common web browsers, but Gubemusic offers no warranty of any kind that all features of the Service will be available from any web browser. Gubemusic reserves the right to change the functionality and design of the Service at any time, in which case you may be required to update or change the browser you use to access the Service and download Content.

The Content is offered in the mp3 and/or FLAC formats, and is playable on music software which supports these formats. Gubemusic may at its own discretion change the available formats in which case you may be required to update or change your music software. The Content offered on the Service will be clearly marked with the format(s) it is available in.

The Content may have electronic rights-management information protected by national and international legislation.

Digital content

The Service offers downloads of digital audio recordings, artwork and additional information relating to such audio recordings and other content (hereinafter the “Content”).

1.1 Purchase of Content

Users may purchase Content by clicking the appropriate button next to the Content the User wants to purchase, upon which the Content is added to the “Shopping Cart”. No transaction is made until the User chooses to “Check out” by clicking the appropriate button.

You may purchase Content even without a user account at the Service. However, you must have an account at the time of purchase to be able to re-download lost or damaged Content from the Service. Even if you choose to purchase Content without an account you will be required to provide your personal information to our payment service provider upon your purchase.

Your download will start immediately after your payment has been confirmed by the payment service provider. The actual download time will vary depending on your connection to the Internet and traffic on the Service.

1.2 Prices and payment

Prices for the Content are quoted in Euros (EUR) and include any value-added taxes. Your payment card will be charged in Euros.

The Service supports payments by using VISA, MasterCard and American Express. Our payment service provider utilizes up to date technology to ensure that your payment information is treated in a secure and professional manner.

1.3 Subscription Service

To the extent Gubemusic elects to offer its Users access to the entire music library for a fixed periodical fee, special terms of use will apply.

1.4 Limited rights grant

Upon your payment of the fees for Content, Gubemusics grants you a non-exclusive, non-transferable right to use the Content for your personal, non-commercial, entertainment use, subject to and in accordance with this Agreement. You may copy, store, transfer and burn the Content only for your personal, non-commercial, entertainment use, subject to and in accordance with this Agreement.

You agree and warrant that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Content or other use restricted according to this Agreement. You agree not to infringe the rights of the Content's copyright owners or other rights holders and to comply with all applicable laws in your use of the Content. Except as explicitly set forth in this Agreement, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Content. No rights to the Content are granted other than what is explicitly stated in this Agreement. You acknowledge and agree that the Content is protected by national and international intellectual property laws.

1.5 Your music library is always available online

After you have made a purchase, the purchased Content will be available for you on the Service so you can download Content you have purchased again if your Content should be deleted or damaged.

Your access to your account is strictly personal and you may not give out your account information to anyone. You undertake to keep the account information secret and to notify Gubemusic.com immediately if you suspect that your account information may have been compromised.

1.6 Cancellation of purchases

You have a right to cancel your purchase until the download of the Content has started. Once the download has started, the purchase is binding, and you have no right to cancel the purchase. If the download is interrupted or canceled, contact Gubemusic at the addresses stated below.

1.7 Territory

You may access the Service and download and use Content from anywhere in the world, unless otherwise stated by information on the Service.

Privacy policy

Gubemusic takes your privacy seriously and stores personal information about you in accordance with applicable data security legislation.

Gubemusic will store your name, address and credit card information in addition to information about your purchases for the purposes of managing your contractual relationship with Gubemusic. In addition, information about your purchases will be stored to allow Gubemusic to give you access to Content you have purchased if your downloaded Content is damaged or lost. Furthermore, Gubemusic will store information about your purchases to be able to inform users of the Service about what kind of Content other users have purchased.

The information you have provided will only be transferred to third parties if required by law or decision by a public agency, or to the extent necessary to allow the payment service provider to process your payment.

You have the right at any time to be informed about the information stored about you by Gubemusic, and you have the right to demand that incorrect or outdated information about you is corrected. Contact Gubemusic at the addresses listed below if you want more information.

You warrant that the information you have provided to Gubemusic is complete and accurate. Gubemusic reserves the right to terminate your account and/or your purchase if you have provided us with incomplete and/or inaccurate information, and takes no responsibility for any consequences of such incomplete and/or inaccurate information.

Gubemusic may from time to time send you information about new offers and other information about the Service. You may upon registration of your account and at any time thereafter choose not to receive such offers or information. Tick the appropriate box in your account settings to select what kind of information Gubemusic is allowed to send you.

1.8 General Gubemusic’s liability towards you

You agree that the Service is made available to you ”as-is” and with the Content available at any time. Gubemusic reserves the right to add or remove Content from the Service and to add, remove or change the functionality of the Service without any notice to you.

Gubemusic endeavors to deliver high quality and fault free Content. However, you agree that your sole remedy in the event of a problem with your download is redelivery of the Content. Under no circumstances may Gubemusic be held liable for any loss or damage for whatever reason.

1.9 Your obligations towards gubemusic

It is your responsibility to ensure that you have the necessary hardware and software to make use of the Service and the Content. Furthermore, it is your responsibility to ensure that you regularly make back-up copies of your data and that you use the latest software to protect against computer viruses and other malicious software (including but not limited to keeping, using and maintaining updated anti-virus software, firewall software, anti-malware software and anti-spyware software.

You undertake not to use the Service in a way which prevents other users from accessing the Service normally, or otherwise prevents the Service from functioning properly, for instance by using scripts, uploading malicious code or content or creating excessive amounts of traffic to the Service, and Gubemusic reserves the right to terminate or suspend your account and/or your purchase upon suspected breaches of this clause.

Gubemusic has the right to claim compensation for its documented economic loss and/or terminate the Agreement upon any breach of this Agreement. You agree to indemnify Gubemusic to the extent any third parties make claims towards Gubemusic as a result of any breach of this Agreement by you.

1.10 Changes to the Agreement

Gubemusic may change the terms of this Agreement upon notice to you. Such notice will be given you by e-mail to the address you have provided or by a message on www.gubemusic.com, at Gubemusic’s discretion. If the terms of this Agreement changes in your disfavor, you may terminate your Agreement by giving notice to Gubemusic.

1.11 Termination

Gubemusic may terminate the Agreement upon immediate notice if you breach any of the provisions in this Agreement. To the extent you have purchased any Content which has not yet been downloaded, Gubemusic may at its own discretion cancel or maintain such pre-purchased content.

Regardless of the reason for the termination, Gubemusic will store your personal information for 12 months after the termination was effective.

1.12 Choice of law and venue

This Agreement is governed by Norwegian law. Any disputes shall be resolved in the Oslo municipal court.

Your national mandatory consumer legislation may give you better rights than this Agreement. To the extent national mandatory legislation in your jurisdiction gives you better rights than this Agreement, such legislation shall prevail.

1.13 About Gubemusic

Contact information:

Gubemusic.com AS
Mølleparken 2 C
0459 Oslo

Organization no: 991 510 737

Web: www.gubemusic.com

 

Comments (17)

2010-12-29 Else Belgau

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