Terms & Conditions
Chatt is chatt, subsidiary company to Bubeko Sweden
AB, operates Maybehits.com (hereinafter maybehits). MAYBEHITS is a network for
music interested internet users worldwide where musicians / artists,
hereinafter referred to as the artist, create their own profile, and provides
members to listen and download the self-composed music. Members are offered,
depending on membership level, to use functions such as MAYBEHITS presentation
pages, chat pages, contact forms etc. We refer to issues relevant to the Terms
of this document to contact@maybehits.com or Bubeko Sweden AB, Import Street 9,
422 46 Hisings Backa,
By registering a membership at MAYBEHITS one approves use of the terms of this
agreement which also is explained in the registration in connection with the
registration of ones membership. A registered member, specified as member in
the terms below and a registered musician / artist, specified as artist. Member
and artist, in combination referred to hereafter as the users. The Terms are binding
during every opportunity MAYBEHITS services are utilized.
In order to utilize some of Maybehits services, the
user may be informed that the user may need to download software or content and
/ or approve additional conditions from Maybehits.
Maybehits may from time to time alter the terms of
this Agreement and such amendments will apply from the date the changes are
published by maybehits on maybehits website. Your continued use of Maybehits
services after Maybehits has released a revised Agreement, implies your
approval of the revised Agreement. It is therefore imperative that the user
regularly reviews the Agreement and ensures that the user is informed of any
changes.
Be careful with the information that users publish on
or through Maybehits services and what information the user provides to other
users. Your Maybehits profile may not contain any form of Prohibited Content,
as described below in paragraph 8. Despite this prohibition, information,
material, products and services from other Maybehits members (eg in their profile)
may be wholly or partly prohibited, unauthorized, or in any way a violation of
this Agreement, and Maybehits takes no responsibility for such material. If the
user discovers that someone is abusing Maybehits services, the user should click
on the link "Contact Maybehits" at the bottom of the Maybehits site pages.
Maybehits reserves the right in its sole discretion to reject, refuse to
publish or to remove posts (including private messages) by member and artist.
Maybehits expressly reserves the right to remove your profile and / or to
refuse, restrict, suspend your access to all or some of Maybehits services if
Maybehits, in its sole discretion, considers that the user has violated the
terms of this Agreement or poses a threat to Maybehits and / or its Users and /
or violates applicable law.
1. Qualifications.
Using Maybehits services and registration to become a member of Maybehits
services ("Membership") does not apply where prohibited. By using
Maybehits services the user ensures that (a) all registration information that
the user provides is true and correct, (b) the user will update such
information to keep it accurate, (c) the user is 15 years old or older and (d )
your use of the Maybehits services is not in violation of applicable laws,
rules and conditions. If we believe the user is not 15 years old, we may remove
your profile and cancel your membership without warning. This applies even if
we believe the user is under 18 years and claims to be at least 18 years old,
or if we believe the user is over 18 years old but the user claims to be younger
than 18 years old.
2. Terms.
This Agreement, and all published amendments to this Agreement, will apply
while the user is using Maybehits services or users. The user can at any time
terminate its membership, for whatever reasons, by following the instructions
on the Settings page for the account. Maybehits may terminate user's membership
at any time for any reason, with or without notice or explanation and without
any liability. Although membership has been completed, this Agreement shall
continue to apply.
3. Fees.
The user acknowledges and accepts that Maybehits reserves the right to charge
for Maybehits services, in whole or in part, and to change fees (if applicable)
in its sole discretion. If Maybehits terminates a Membership because the user
breached this Agreement, the user has no right to get money back for any unused
portion of fees or payments (if applicable).
4. Password.
When the user signs up as a member the user is asked to choose a password. The
user is entirely responsible for keeping the password secret. The user
undertakes to never use another user account, user name or password or disclose
their own password to any third party. The user undertakes to immediately
notify Maybehits if the user suspects unauthorized use of their account or
access to his password. The user is solely responsible for all use of their
account.
5. Using Maybehits services.
Maybehits services are for our members' personal use and can also be used for
promotional purposes, but may not be used for any direct commercial purposes
other than those supported or approved by Maybehits. Maybehits reserves the
right in its sole discretion, to remove commercial content. Illegal and / or
unauthorized use of Maybehits services, including the collection of members
usernames, user ID numbers and / or e-mail addresses by electronic or other
means for the purpose of sending unsolicited e-mails or links to Maybehits website,
or the use of outside websites or software to make advertising for remuneration
is prohibited. Commercial advertising, advertising links, and other forms of
unauthorized advertising may be removed from Member profiles without notice or
explanation and may cease the Members Privileges. Maybehits reserves the right
to take appropriate legal action in connection with illegal or unauthorized use
of Maybehits services.
6. Intellectual property rights to content on Maybehits.
6.1 Maybehits do not claim ownership rights to the
text, files, images, photos, videos, sounds, musical works, literary works,
applications or other materials (collectively, "Content") that the
user posts on or through Maybehits services. After the user has uploaded
content on Maybehits services, the user still retains all proprietary rights
that the user may have to its content, subject to the limited license herein
leased. By showing or publishing ( "posting") Content on or through
Maybehits services the user permits thus a limited license to Maybehits to use,
modify, delete, add to, publicly perform, publicly display, reproduce and
distribute such Content on or through Maybehits services, including, without
limitation, to distribute Maybehits Site, in whole or in part, in any media
formats and through any media channels. This limited license does not give
Maybehits the right to sell or otherwise distribute their content outside
Maybehits services. After the user removes the Content from the Website Maybehits
will end the distribution as soon as practically possible, and when the distribution
ceases, the license expires.
6.2 The license the artist grants Maybehits is
non-exclusive (which means that the artist may license its content to anyone).
The artist owns the right to compensation for its content under the conditions
laid down by Maybehits under paragraph 6.6 No compensation in excess of this
condition. The artist accepts the terms of this agreement and is responsible
for no other license agreements that give another party the right to claim
compensation of Maybehits in addition to the compensation set out in paragraph
6.6. In the event of any other party requiring compensation from Maybehits for
the content published on the artist pages Maybehits will require the equivalent
compensation from the artist.
With this agreement the artist gives Maybehits the right to use the artist's
content in its network as Bubeko Sweden AB's subsidiaries, subcontractors and other
partners, such as networks that deliver Internet content and the providers of
wireless service, to provide Maybehits services globally.
6.3 The user confirms, guarantees and declares that:
(i) the user owns the content that users post on or through Maybehits services
or otherwise have the right to grant the license set out in paragraph 6, and
that (ii) the content the user uploads on or through Maybehits is not in
violation of applicable laws, including, but not limited to privacy and
publicity, intellectual property, copyright and contractual rights and other
rights belonging to individuals or legal person. The user undertakes to pay for
all royalties, fees and other costs to be paid to another individuals or
entities for the content the user has entered into or through Maybehits
services.
In the event of a user violating these conditions, Maybehits will require the
user to a fine of an amount of at least EUR 1000 (one thousand Euros). Amount
of the penalty payment should always be the lowest amount to the amount other
parties may require from Maybehits as well as compensation for any legal and
administrative costs.
6.4 Maybehits services holds content from Maybehits (
"Maybehits-Content"). Maybehits-content is protected by copyrights,
trademarks, patents, business and company secrets, and other laws, and Maybehits
owns and retains all rights to Maybehits-Content and Maybehits services. Maybehits
hereby gives you a limited and revocable license, which may not be passed, to
reproduce and display Maybehits-Content (except software) for personal use in
connection with the use of Maybehits website and Maybehits services.
6.5 Maybehits services holds Content from users and
other Maybehits-licensors. With Exceptions provided in this Agreement, the user
may not copy, modify, translate, publish, transmit, transfer, distribute,
perform, display or sell any Content appearing on or through Maybehits
services.
6.6 Compensation.
The artist is entitled to compensation under the current scoring system. Maybehits
assigns all artists compensation equal to 30% of the proceeds, minus any credits
and administrative expenses that may arise in connection with a payment for
each member, and any foreign exchange losses. The net amount of these 30% is distributed
among all artists based on the number of points each artist holds. The point
value is determined by the total number of points per quarter to which all
artists have received. The net amount of 30% of the proceeds is then divided by
the total number of points and that sum is the equivalent of each points value.
The artist receives points based on the number of uploaded music files
available for members and the number of clicks each music file has generated.
The artist can also receive points by recruiting other artists. After every
three months, with the cut-off date 31/3, 30/6, 30/9 and 31/12, Maybehits adds
up the artist's total compensation for the latest quarter. Payment to artists through
settlement from Maybehits will be paid by payment options specified by
Maybehits. Minimum payout is €50. The artist is responsible for all taxes and charges that may be
required of the artist as stated by Swedish law. Maybehits can in the case of
compensation amounts being a substantial amount demand F-tax. A substantial
amount means an amount which exceeds an amount that the Swedish authority no
longer can regard as an income from a hobby or something similar. It is
essential that the artist is aware of that in no way can he/she be considered being
paid compensation as a salary where Maybehits is liable to pay the taxes and
fees that it owes to an employee in accordance with Swedish law. Maybe Hits
must therefore be treated as a customer and not an employer.
7. Content posted.
7.1 Maybehits may reject, refuse to post or remove any
content with or without cause, including any Content that under Maybehits
assessment, violates this Agreement or which may be offensive, illegal or
violates a person or legal entity rights, harm, or threatens an individual or
legal entity security. Maybehits assumes no responsibility for monitoring Maybehits
services to find inappropriate Content or conduct. If Maybehits at any time in
its sole discretion chooses to monitor Maybehits services, Maybehits assumes no
responsibility for the content or any obligation to modify or remove
inappropriate Content, and is not responsible for the behaviour of users who
post such Content.
7.2 The user is solely responsible for the Content
that the user posts on or through Maybehits services and all material or
information which the user transmits to other Members and for interactions with
other Users.
7.3 The user is solely responsible for ensuring that
the Content that the user posts on or through Maybehits services and any other
material or information which the user transmits to other members, meets all
applicable data protection and privacy laws, and the user must also ensure that
the user has received prior consent from all individuals whose personal
information the user is using and / or discloses on or through Maybehits.
8. Prohibited Content / prohibited activity.
Below are some examples of the kind of Content that is unlawful or prohibited
to post on or through Maybehits services. Maybehits reserves the right to
investigate and take legal action against those who, according Maybehits in its
sole discretion, violates this provision, including but not limited to,
removing objectionable content from Maybehits services and terminating the
Membership of such violators. Prohibited Content includes, but is not limited
to, Content that according to Maybehits:
8.1 is offensive and promotes racism, bigotry, hatred
or physical violence of any type and directed against any group or individual;
8.2 harasses or advocates harassment of anybody;
8.3 abuses anybody in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive
material, or a link to a porn site;
8.5 requests personal information from anyone under 18
years;
8.6 publishes information that constitutes privacy or
safety of a person;
8.7 provides information that the user knows is false
or misleading or promotes illegal activities or conduct that is offensive,
threatening, obscene, demeaning or insulting;
8.8 provides an illegal or unauthorized copy of
someone else's copyrighted work, such as pirated computer programs or links to
them, providing information that allows the circumvention of the manufacturers
copy protection, or access to pirated music or links to such music files;
8.9 involves transmission of spam, chain letters or
unsolicited mass mailing, instant messages, or spamming;
8.10 contains restricted access or password protected
pages or hidden pages or images (not linked to or from another accessible
page);
8.11 promotes crime or provides information about
illegal activities including, but not limited to, the manufacturing or sale of
illegal weapons, invasion of anyone's privacy or providing or creating computer
viruses;
8.12 requests passwords or personally identifiable
information from other users for commercial or unlawful purposes;
8.13 involves commercial activities and / or sales without
any agreement with Maybehits, such as contests, sweepstakes, barter, advertising,
or pyramid schemes;
8.14 contains the photograph or video of another
person the user has uploaded without that person's consent;
8.15 for bands, comedy- ,filmmakers and other users, the
use of sexual imagery or any other unfair, misleading or deceptive content to
attract visitors;
8.16 violates a person's right to privacy, publishing,
copyright, trademark, or any other rights or
8.17 promotes propaganda and / or symbols of
organizations which are unconstitutional or illegal in your country.
Below are some examples of the type of activities that
are illegal or prohibited on Maybehits website and by your use of Maybehits
services. Maybehits reserves the right to investigate and take legal action
against those who, according to Maybehits violates this provision, which
includes but is not limited to notifying the user to the police. Prohibited
activities include, but are not limited to:
8.18 criminal or offensive activities, including child
pornography, corruption of minors, fraud, trafficking of obscene material, drug
trafficking, gambling, harassment, stalking, spamming, spimning, sending
viruses or other harmful files, intellectual property rights (including but not
limited to copyright, trademark and patent infringement), or theft of business
and trade secrets;
8.19 advertising or requesting any User to buy or sell
products or services through the unauthorized or unlawful use of Maybehits
services. The user may not transmit any chain letters or spam to other Users.
To protect our users from this type of advertising and promotions Maybehits
reserves the right to limit the number of emails which a user may send to other
users within a 24-hour period, a number that Maybehits in its sole discretion
deem appropriate. If the user violates this Agreement and sends unsolicited
bulk email, instant messaging or other form of unauthorized commercial
communications by Maybehits services, the user acknowledges that the user has caused
Maybehits significant damage, but that such damage would be extremely difficult
to estimate. As a reasonable estimation of such harm, the user agrees to pay
Maybehits EUR 50 for each unwanted e-mail message or other such unsolicited commercial
communications sent by the user through Maybehits services;
8.20 circumventing or alteration, or attempt to do so,
or encouragement or assistance to a person to try to circumvent or alter safety
or software that is part of Maybehits services;
8.21 activities involving the use of viruses, bots,
worms or other computer code, files or programs that interrupt, destroy or
limit the functionality of computer software or hardware, or otherwise permits
the unauthorized use of or access to a computer or computer network;
8.22 covering up or otherwise hiding the banner
advertisement on your personal profile page or Maybehits page using HTML / CSS
or other means;
8.23 automated use of the system, including but not
limited to, to adding friends or sending comments or messages by using scripts;
8.24 involvement in, cancelling or creating an undue
burden on Maybehits services or the networks and services connected to
Maybehits services;
8.25 attempt to pretend to be another User, person or
entity;
8.26 for bands, comedy- filmmakers and other profiles
containing a Maybehits player, copying Maybehits player codes and embedding
codes (or instruct others to do so) elsewhere than in your band profile on
Maybehits;
8.27 using any other user account, user name or password
or to disclose your password to any third party, or give any third party access
to your account;
8.28 selling or otherwise transferring your profile;
8.29 using the information that the user acquired from
Maybehits services in order to harass, defame or harm another individual or
legal person, or attempts to do this;
8.30 showing unauthorized commercial ads in your
profile, or accepting payment or anything of value from a third party in
exchange for commercial activity through the unauthorized or unlawful use of
Maybehits services on that person's behalf, such as placing commercial content
on your profile, posting blogs or bulletins for commercial purpose, selecting a
profile with a commercial purpose, or sending private messages with a commercial
purpose, or
8.31 using Maybehits services in a manner that
violates any applicable laws and regulations.
9 Copyright.
Protection of copyright and other intellectual property rights. Maybehits
respects others' intellectual property rights, and requires that our users also
do this. Users may not upload, embed, post, send through e-mail, transmit or
otherwise reproduce material that infringes on someone else's copyright,
patent, trademark, trade secrets or other intellectual property right. Maybehits
has the right to terminate membership for any user in violation of this rule.
If users believe that someone has copied copyrighted
material and put it on or within Maybehits services in a manner that will
infringe the copyright, please contact our legal representative with the
following information: (a) identification of the copyrighted work that the user
claims was used without permission, or if several copyrighted works are to be
notified by a single notification, a list of these works; (b) a description of
where the material that the user claims that someone has infringed is on
Maybehits services (by entering the URL (s) where the material can be found
satisfies this requirement); (c) information that allows us to contact you,
such as address, telephone number and, if available, an e-mail address, (d) a
written certificate where the user is convinced that the disputed use is not
authorized by the copyright holder or its representative, or is in accordance
with applicable law, (e) a statement by you that the above information in the
statement is correct and that the user ensures that the user is copyright
holder or authorized to act on the copyright owner's behalf; and (f) your physical
or electronic signature. The user can reach Maybehits legal representatives at
the following address:
Bubeko Sweden AB, Import Street 9, 422 46 Hisings Backa,
The user can also reach Maybehits by clicking on "contact Maybehits"
which is available on all pages associated Maybehits.
10. User disputes.
The user is solely responsible for interactions with other Maybehits-Users.
Maybehits reserves the right, but have no obligation, to interfere in disputes
between you and other Members.
11. Disclaimer.
Maybehits is not responsible for and makes no guarantees, either expressed or
implied, with respect to Content or the accuracy or reliability of any Content
posted on or through Maybehits services, whether caused by Maybehits-Users or
any equipment or programming associated with or used by Maybehits services, and
such Content does not necessarily reflect Maybehits opinions or policies.
Profiles and third party applications created and posted by users on Maybehits site
may contain links to other sites. Maybehits is not responsible for the content,
accuracy or the opinions expressed on such websites and those sites not
investigated, monitored or controlled by Maybehits. That such links exist
within Maybehits does not imply that Maybehits approves or endorses the linked
site. When the user goes to these outside websites they do so at their own
risk. Maybehits does not assume any liability for third party advertisements or
third-party applications that will be posted on or through Maybehits services,
nor suffer us any responsibility for the goods and services the advertiser provides.
Maybehits is not responsible for Maybehits-users behavior, online or offline.
Maybehits takes no responsibility for any errors, omissions, interruptions,
deletions, defects, operational or transmission delays, disruptions in
communications lines, theft or damage or unauthorized access to or alteration
of any User or Member communication. Maybehits is not responsible for any
problems or technical failure in the case of network or telephone lines,
computer online systems, servers or providers, computer equipment, software,
errors that affect e-mail or players on account of technical problems or
traffic congestion on the Internet at any of Maybehits services or a
combination thereof, including any physical damage to the User or any user's
computer that can be related to or resulting from participating or downloading
materials in connection with the use of Maybehits services. Under no
circumstances is Maybehits responsible for any loss or damage, including
personal injury or death, which occurred after the use of Maybehits services,
participation at a Maybehits event, because of the Content posted on or through
Maybehits-Services, or depending on behavior of users of Maybehits services,
whether it be online or offline. Maybehits services are provided "AS
IS" (existing condition) and Maybehits expressly disclaim all warranties
of fitness for a particular purpose and all warranties relating to intellectual
property infringement. Maybehits can not guarantee and does not promise any
specific results from use of the Maybehits services.
13. Limitation of Liability.
IN NO EVENT IS MAYBEHITS LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT
DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE
DAMAGES, INCLUDING LOSS OF REVENUE CAUSED BY THE USE OF MAYBEHITS SERVICES,
EVEN IF MAYBEHITS GOT THE ATTENTION OF THE POSSIBILITY OF SUCH DAMAGES .
MAYBEHITS LIABILITY SHALL IN ALL EVENT BE LIMITED TO THE AMOUNT, IF ANY, PAID
BY USER TO MAYBEHITS HITS FOR MAYBEHITS SERVICES IN THE COURSE OF MEMBERSHIP,
WHETHER ANYTHING ELSE HAS PREVIOUSLY BEEN INDICATED, AND NOTWITHSTANDING THE
MEASURES.
14. Disputes.
This Agreement shall be subject to, and interpreted in accordance with Swedish
law. The user and Maybehits commit you to a Swedish court exclusive jurisdiction
to settle disputes arising in connection with this Agreement or Maybehits
services. USER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY DISCLAIMS ALL RIGHTS TO TRIAL, IN CONNECTION WITH ANY
LITIGATION (INCLUDING BUT NOT LIMITED TO CLAIMS, COUNTERCLAIM, CROSS CLAIM OR
CLAIMS BY THIRD PARTIES) ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT. FURTHERMORE
EACH CONTRACTOR CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTIES
HAVE SUBMITTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY, IN THE EVENT OF A
LAWSUIT, WOULD NOT SEEK, IN THE EVENT OF SUCH A CASE TO CARRY THIS WAIVER OF
TRIAL.
16. Remedies.
The user undertakes to defend and hold Maybehits, its subsidiaries and
affiliates, and their respective officers, agents, partners and employees indemnified
from all losses, liabilities, claims or demands, including reasonable
attorneys' fees, made by a third party because of his unconstitutional use of
Maybehits services and or because of a breach of this Agreement, and / or
because of any breach of your commitment and guarantees set out above and / or
any Content that the user spends on or through Maybehits services.
17. Miscellaneous.
The user accepts the terms of this Agreement when the user uses Maybehits site
or any of Maybehits services and this is also confirmed when the user becomes a
member. This Agreement constitutes the entire agreement between you and
Maybehits and the use of Maybehits services. That Maybehits does not exercise
or impose any right or privilege of the Agreement should not mean that that right
or privilege is dismissed. The section headings in the Agreement is only for
ease of reading and has no legal or contractual significance. Maybehits is a
trademark of chatt is chatt and Bubeko Sweden AB. This agreement applies to the
full extent permitted by the law. If any part of the Agreement is unlawful,
without legal force or impossible to execute, the portion is deemed to be
remove from the agreement without prejudice to the validity and the ability to
execute the other parts.
You can contact us by clicking on the "Contact Maybehits' if you have
questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE CONDITIONS ABOVE!