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Digster Terms and Conditions of Use

Effective as from 23 November 2009

This document (the “Agreement”) is a legally binding agreement between you and Universal Music AB (“Universal Music”) that governs your use of the Digster Service (as defined below) available at the Digster Website (as defined in the Digster Privacy Policy). The Digster Service can be accessed as a free-to-the-user version (the “Digster Free Service”), or as a monthly or yearly subscription to a version with other additional features for which you pay an access fee (the “Digster Premium Service”). Please note that you must read and agree to the terms and conditions of this Agreement before you use the Digster Service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Digster Service. For a detailed description of the features in each of the Digster Services, please see the Digster Website.

1. Contract formation

By ticking the “I agree” box or pressing the “I Accept” button when creating a Digster account or by using the Digster Service, you confirm that you are 18 years of age or more, or that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in one of the countries in which Digster provides the Digster Service, that any registration information that you submit to Digster is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the Digster Privacy Policy.

2. Changes to the Agreement

Digster may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the Digster Service after such notification of changes to this Agreement will constitute your acceptance of such changes.

3. Grant of license

Digster grants you a limited, non-exclusive, revocable license to make personal non-commercial use of the Digster Service and to receive collections of songs made available as playlists on third party services in your home country. You do not have a right to transfer or sublicense your rights under this Agreement.

4. Purchase of Digster Premium Service

By ticking the “I agree” box or pressing the “I Accept” button you agree to pay the fee for access to the applicable Digster Premium Service. Such fee will be charged in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Digster Website are inclusive of VAT and other applicable taxes and fees. Digster accepts a variety of different payment methods, so please check the Digster Website for the best way for you to pay.

5. Prices

Digster may change the price for the Digster Premium Service from time-to-time. Such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you. If you do not wish to be bound by such changed price relating to your Premium Service you may terminate your subscription of your Premium Service in accordance with Section 10 (Term and termination). Your continued use of the Digster Paid for Service after the communication of such price change to you constitutes an acceptance of such new price.

6. Automatic subscription renewal

Your subscription to the Premium Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 10 (Term and termination). Such renewal will always be for a monthly subscription term, even if the previous subscription term was for a six or twelve month period. If you would like to renew for a longer term, then please log into your account on the Digster website. At the time of renewal the payment method you have designated to be charged for the purchase of the Premium Service will automatically be charged with the applicable amount.

7. Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):

copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Digster Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;
provide your password to any other person or use any other person’s user name and password;
reverse-engineer, decompile, disassemble, modify or create derivative works based on the Digster Service or any part thereof;
use the Digster Service in a way that violates the terms of this Agreement;
circumvent any territorial restrictions applied by Digster; and
In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Digster Service and its content.

8. Advertising and use of computational resources

As consideration for your rights under this Agreement, you agree that (i) Digster and its business partners have a right to provide advertising and other information to you in relation to the Digster Service.

9. Customer support

If you have any questions concerning the Digster Service or this Agreement, please contact Digster customer service by visiting the support section.

10. Term and termination

This Agreement will become effective in relation to you when you have ticked the “I agree” box when creating a Digster account or when you start using the Digster Service and will remain effective until terminated by you or Digster. You may cancel your subscription of the Premium Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). Digster will not refund any remaining portion of subscription fees you have already paid for. Digster reserves the right to terminate this Agreement or suspend your Digster account at any time in case of unauthorised, or suspected unauthorised, use of the Digster Service. If Digster terminates this Agreement, or suspends your Digster account for any of the reasons set out in this section, Digster shall have no liability or responsibility to you, and Digster will not refund any amounts that you have previously paid.

11. No warranty

The use of the Digster Service (including but not limited to its content) is at your own risk. The Digster Service is provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, Digster gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Digster Service. In addition, Digster does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the Digster Service or any hyperlinked website, or featured in any banner or other advertising. Consequently Digster will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the Digster Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Digster shall create any warranty on behalf of Digster in this regard.

12. Limitation of liability

In no event shall Digster, its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Digster Service (including but not limited to its content), even if you have advised Digster about the possibility of such loss, and including any damages resulting therefrom.

Your only right with respect to any problems or dissatisfaction with the Digster Service is to stop using the Digster Service.

Nothing in this Agreement removes or limits Digster’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

13. Indemnity

You agree to indemnify and hold Digster and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

14. Intellectual property

Digster respects intellectual property rights, and expects you to do the same. Please note therefore that the Digster Service and the content provided through the Digster Service is the property of Digster or Digster’s licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the Digster Service (including but not limited to its content) in any manner not covered by the Agreement.

Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Digster Service.

15. Technology limitations and modifications

Digster will make reasonable efforts to keep the Digster Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Digster reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Digster Service with or without notice.

16. Privacy

You agree that Digster has a right to collect and process your personal information in accordance with the Digster Privacy Policy.

17. Assignment by Digster

Digster may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

18. Entire agreement

This Agreement together with the Digster Privacy Policy constitutes all the terms and conditions agreed upon between you and Digster and supersede any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Digster are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Digster not contained in this Agreement.

19. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

20. Governing law and disputes

This Agreement shall be governed and construed in accordance with the laws of the country of your residence. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the non-exclusive jurisdiction of the court or other tribunal closest to your home with the appropriate knowledge and expertise to deal with such dispute, controversy or claim.

21. English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.