termsofservice

Stockholm Sounds Terms of Service

End User License Agreement, Stockholm Sounds
Last Updated: Jul 10, 2013

Please read this Stockholm Sounds End User License Agreement (“EULA”) carefully. This EULA is a contract between you and Pergate AB (“Pergate,” “we,” “us,” or “our”), and governs your use of the Stockholm Sounds application (including but not limited to any images, photographs, animation, video, audio, text, and other content, including any versions thereof incorporated into or made available through the application), and any and all associated documentation (collectively, the “Stockholm Sounds App”). The terms of this EULA will also govern any Updates, unless an Update is accompanied by a separate license, in which case the terms of that license will govern. “Updates” means any updates, upgrades, bug fixes, patches, and new versions of the Stockholm Sounds App that we may provide you. “You” means an individual who downloads, installs or uses the Stockholm Sounds App.

By downloading, installing, or using the Stockholm Sounds App, you agree to be bound by this EULA. If you do not agree to the terms of this EULA, do not download, install or use the Stockholm Sounds App.

Other Binding Documents; Trademarks; Copyright
Your use of the Stockholm Sounds App will be subject to Pergate’s Terms of Use and Privacy Policy as posted at http://www.pergate.com/products/stockholmsounds/termsofservice. Please read these documents carefully.
The logos and other trademarks used in Stockholm Sounds are exclusively held by their respective owners.
The Stockholm Sounds App is protected by copyright and other intellectual property laws and treaties. The Stockholm Sounds App is licensed and not sold. Except for the limited license expressly granted to you above, Pergate and its licensors reserve all right, title and interest in and to the Stockholm Sounds App.

License Grant
Subject to your compliance with this EULA, we grant to you a personal, limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to install and use the Stockholm Sounds App on one or more wireless devices that you own or control, solely for your personal, non-commercial use.

Restrictions
You must use the Stockholm Sounds App in compliance with this EULA, the Terms of Use and all applicable laws and regulations. You may not rent, lease, lend, sell, redistribute or sublicense the Stockholm Sounds App. You may not copy, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Stockholm Sounds App, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). You may not circumvent any security mechanisms in the Stockholm Sounds App, including any mechanisms for preventing the unauthorized reproduction or distribution of content in or accessible through the Stockholm Sounds App. You must not alter, obscure or remove any copyright or other proprietary notices included in or with the Stockholm Sounds App.

Termination
If you breach any of the terms and conditions of this EULA, this EULA will automatically terminate. If Pergate suspects you are in breach of this EULA, or taking action that affects Pergate’s business, customers or the public, Pergate may (a) begin legal action, and (b) cooperate with law enforcement in legal proceedings against you. You agree to cooperate with Pergate in investigating suspected breaches. In the event of termination of this EULA, any and all licenses granted to you under this EULA immediately cease, and you must (i) immediately cease all use of the Stockholm Sounds App and (ii) delete all copies (full or partial, and in any form or media) of the Stockholm Sounds App in your possession, custody, or control.

Use of Location Data
The operation of the Stockholm Sounds App may depend on device-based location information. You acknowledge and agree that your failure to provide (or make accessible) location data may limit or prevent the functionality of the Stockholm Sounds App.

Consent to Use of Data
You agree that we (and our affiliates and agents) may collect, use, transmit, process and maintain technical data, location data, and related information, including but not limited to technical information about your device, real-time location of your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of certain features and functionality of the Stockholm Sounds App, software updates, product support and other services to you (if any) related to the Stockholm Sounds App. We may use the data in accordance with the Privacy Policy.

Access
You must provide, at your own expense, the wireless device and Internet connections to access and use the Stockholm Sounds App. We do not guarantee that the Stockholm Sounds App can be accessed or used through all wireless devices or wireless service plans. We do not guarantee that the Stockholm Sounds App or service is available in all geographic locations or appropriate for use in any particular location. You acknowledge that when you use the Stockholm Sounds App, your wireless carrier may charge you fees for data, messaging and other wireless access. Check with your carrier to verify whether there are any fees that may apply to you. You are solely responsible for any costs you incur to access the Stockholm Sounds App through your wireless device.

Safety
You agree to exercise reasonable judgment, take appropriate safety precautions, comply with the rules and regulations of any venue or location identified by the Stockholm Sounds App, and observe all applicable laws, including traffic laws and health and safety regulations, while using the Stockholm Sounds App. If you feel that using the Stockholm Sounds App in any location or under certain circumstances would compromise your safety or the safety of others in any way, or cause you to violate any laws, then you agree not to use the Stockholm Sounds App.

No Warranty
You expressly acknowledge and agree that use of the Stockholm Sounds App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Stockholm Sounds App is provided “as is” and “as available,” with all faults and without warranty of any kind, and we disclaim all warranties and conditions with respect to the Stockholm Sounds App, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party rights. We do not warrant against interference with your enjoyment of the Stockholm Sounds App, that the functions contained in, or services performed or content provided by, the Stockholm Sounds App will meet your requirements, that the operation of the Stockholm Sounds App will be uninterrupted or error-free, or that defects in the Stockholm Sounds App will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the Stockholm Sounds App prove defective, you assume the entire cost of all necessary servicing, repair or correction of your device.

Limitation of Liability
To the extent not prohibited by law, in no event shall we be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Stockholm Sounds App, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.

Indemnification
Upon our request, you agree to defend, indemnify, and hold harmless Pergate and other affiliated companies, and our respective employees, contractors, officers, directors, suppliers and agents and distributors from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use of the Stockholm Sounds App or your violation of this EULA. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Notices
You agree to this EULA electronically. You authorize us to provide you any information and notices regarding the Stockholm Sounds App (“notices”) by email, sms, mms, text message or other electronic means and that certain information about your mobile device and usage of mobile services may be communicated to us. We may also provide notices to you (1) by e-mail if you have provided us with a valid email address or (2) by posting the notice on a web page, in the Stockholm Sounds App or on your wireless device.

Governing Law; Jurisdiction; Venue
The material laws of Sweden, excluding its conflicts-of-law rules, govern this EULA and your use of the Stockholm Sounds App. Any dispute arising under, in connection with, or incident to this EULA or concerning its interpretation will be resolved exclusively by the courts of Sweden, with the Stockholm District Court as first venue. The prevailing party in any proceeding arising under this EULA shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert-witness fees and all other expenses) incurred in connection with the proceeding.

No Assignment
You may not assign, transfer or sub-license the Stockholm Sounds App without our prior written consent. Subject to the preceding sentence, this EULA will inure to the benefit of and be binding upon the parties and their respective successors and assigns.

Entire Agreement, Severability and Waiver
This EULA, including the Pergate Terms of Use and Privacy Policy, as amended from time to time, comprises the entire agreement and understanding of you and us regarding the Stockholm Sounds App and supersedes and replaces all other agreements or representations, whether electronic, written or oral, regarding the subject matter of this EULA. If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary for the rest of this EULA to remain enforceable. Our failure to enforce any part of this EULA shall not constitute a waiver of our right to later enforce that or any other part of this EULA.

 

Pergate Terms of Use
Last Updated: Jul 10, 2013

Please read these terms of use (“Agreement,” “Terms of Use” or “Terms”) carefully before using the Services offered by Pergate AB (“Pergate,” “we,” “our” or “us”). This Agreement sets forth the legally binding terms and conditions for your use of the website at http://www.pergate.com/products/stockholmsounds (“Site”) and the application, services, features, content, or widgets we offer (collectively “Service” or “Services” through the Site). By registering for or using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement. This Agreement applies to all users of the Site or Service, including users who are also contributors of content, information and other materials or services on the Site.

You Accept These Terms Of Use
The Site is offered subject to acceptance without modification of the Terms, which also incorporate our Privacy Policy, Copyright Policy, End User License Agreement and all other operating rules, policies and procedures that we may publish from time to time on the Site, each of which we incorporate by reference and each of which we may update from time to time without notifying you. Services offered through the Site may be subject to additional terms and conditions that we issue from time to time, including but not limited to a separate end user license agreement; your use of such Services is subject to those additional terms and conditions, which we incorporate into these Terms by this reference.

Site and App Availability
We reserve the right to change or discontinue, or restrict or block access to, any aspect of the Site, including the application or any and all part of the Services,at any time. Although we generally intend for the Site to be available 24/7, it will not be available during maintenance, changes and outages and may not be available for other reasons. We are not responsible for providing customer support, bug fixes, documentation, or any other support for the Site. We cannot guarantee availability of the Site to any user.

Access To Our Services
Subject to these Terms, we may offer to provide the Services, as described more fully on the Site, and which you select, solely for your own use and not for the use or benefit of any third party. Services shall include, but not be limited to, any services we perform for you, any applications or widgets we offer that you download from the Site or from Pergate-authorized third-party application stores (such as iTunes store or Google Play®), as well as any materials displayed or performed on or through the Site or the Services (including Content, as defined below).

You Must Be Eligible To Use Our Services
The Site and Service are available only to individuals who are at least 13 years old. Please note that some of the recommended venues may be restricted for visitors under a certain age or may have other restrictions for entry, and nothing in the promotion implies the suitability or availability of the venue for every user. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer the Service to any person or entity and to change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

We May Change The Terms of Use
We reserve the right, at our sole discretion, to modify or replace any of the Terms or to change, suspend or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time, by posting a notice on the Site or by sending you an email. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms periodically for changes. You can determine if any changes were made to these Terms by noting the date that these Terms were last updated. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.

Behave Yourself
As a condition of use, you promise not to use the Site or Service for any purpose that is prohibited by the Terms or by applicable laws. We provide the Site and Service (including, without limitation, any Content or User Submissions (as defined below)) only for your own personal, non-commercial use. You are responsible for all activity under your account in connection with the Site and Service. For purposes of these Terms, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics and interactive features we (or our partners) generate, provide or otherwise make accessible on or through the Site or Service.

By way of example (and not as a limitation) you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, including without limitation any User Submission, on or through the Site or Service that:

    • Violates, infringes, or misappropriates any patent, trademark, trade secret, copyright, or any other intellectual property right, or right of publicity or privacy, or other proprietary right of any other person or entity, or violates any law or contractual duty;
    • you know is false, misleading, untruthful or inaccurate;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgur, pornographic, offensive, profane, or otherwise inappropriate as we determine in our sole discretion;
    • is intended to harm or exploit minors in any way
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
    • involves commercial activities or sales without our prior written consent (such as contests, sweepstakes, barter, advertising or pyramid schemes);
    • contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Pergate or any third party;
    • impersonates any person or entity, including any employee or representative of Pergate;or
    • provides or creates links to external sites that violate any of the above.

Nor may you (directly or indirectly):

    • take any action that imposes or may impose (as we determine in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
    • interfere or attempt to interfere with the proper working of the Site or Service or any activities conducted on the Site or Service;
    • bypass any measures we may use to prevent or restrict access to the Site or Service (or other accounts, computer systems or networks connected to the Site or Service);
    • run any form of auto-responder or “spam” on the Site or Service;
    • use manual or automated software, devices or other processes to “crawl” or “spider” any page of the Site or Service;
    • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Service, except to the limited extent applicable laws specifically prohibit this restriction;
    • access the Site or Service to develop any software or other technology having the same primary function as the Site or Service, including but not limited to using the Site or Service in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Site or Service;
    • modify, translate or otherwise create derivative works of any part of the Site or Service;
    • “frame” all or any portion of the Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose; or
    • copy, rent, lease, distribute or otherwise transfer the Site or Service, or any of the rights that you receive under this Agreement.

You shall abide by all applicable local, state, national and international laws and regulations.

We do not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. We have no obligation to monitor the Site, Service, Content or User Submissions. We reserve the right to:

    • remove or block any User Submissions from the Site or Service, and
    • remove, edit or modify in our sole discretion any Content, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, on receipt of claims or allegations from third parties or authorities relating to that Content or if we think you may have violated these Terms) or for no reason at all.

Registration And User Names
You may browse the Site and view Content without registering but as a condition to using certain aspects of the Site or Service, you may be required to register with us and provide us with accurate, truthful and complete registration information (including, but not limited to your name (“User Name”), email address and a password you will use to access the Site or Service) and to keep your registration information accurate and up-to-date. Failure to do so may result in immediate termination of your Stockholm Sounds account.

You shall not:

  • provide us with any false personal information (including a false User Name) or create any account for anyone other than yourself without permission;
  • use a User Name that is the name of another person with the intent to impersonate that person;
  • use a User Name that is a name subject to any rights of a person other than you without appropriate authorization; or
  • use a User Name that is a name that is otherwise offensive, vulgar or obscene.

We reserve the right to refuse registration of or cancel a User Name in our sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Stockholm Sounds password. You shall never use another user’s account without that user’s express permission. You will immediately notify us in writing of any unauthorized use of your account or other account-related security breach that you become aware of.

Third Party Sites and Services
The Site and Service may permit you to link to other websites, services or resources on the Internet and other websites, services or resources may contain links to the Site or Service. You access third-party websites, services or resources at your own risk. These other websites, services or resources are not under our control and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of those websites, services or resources. The inclusion of any link to third party websites, services or resources does not imply our endorsement of them or any association with their operators. You acknowledge and agree that we shall not be responsible or liable (directly or indirectly) for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party websites, services or resources.

License
You agree that the Site and Service contains Content (including trademarks, service marks and logos) that are owned by Pergate or other entities and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights and other proprietary rights and laws. You shall abide by and maintain all copyright or other proprietary notices, information and restrictions contained in any Content accessed through the Site or Service.

Content is provided to you “AS IS” for your personal use only. We expressly prohibit the use, reproduction, modification, distribution or storage of any Content for use other than personal, non-commercial use without our prior written permission, or the prior written permission of the copyright holder identified in that Content’s copyright notice. You shall not sell, license, rent or otherwise use or exploit any Content for commercial use or use any Content in any way that violates any third-party right.

User Submissions
The Site and Service may provide you with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics or other information to the Site or otherwise through the Service (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:

    • acknowledge that you are publishing that User Submission and that you may be identified publicly by your User Name in association with that User Submission;
    • grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display and perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and our (and our successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works of the Site) or the Service, in any media formats and through any media channels (including without limitation third-party websites). You also grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, this license grant to us does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
    • represent and warrant, and can demonstrate to our full satisfaction on request that you (a) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (b) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms and to grant the license rights set forth above, (c) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms; and (d) you are authorized to grant all of the aforementioned rights to the User Submissions to us and all users of the Site or Service;
    • agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Site or Service;
    • represent and warrant that our use or other exploitation of such User Submissions and the use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe, misappropriate, or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, patent, trademarks, trade secrets, contract rights or any other intellectual-property or proprietary rights; and
    • understand and agree that we shall have the right to delete, edit, modify, reformat, excerpt or translate any User Submissions; and that all information publicly posted or privately transmitted through the Site or Service is the sole responsibility of the person from which it originated and that we will not be liable for any errors or omissions in any Content; and that we cannot guarantee the identity of any other users whom you may interact with in the course of using the Site or Service.

We do not endorse and have no control over any User Submission. We cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content you access using the Site or Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting from your use.

Termination
We may terminate your access to all or any part of the Site or Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid here are non-refundable. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site or Service; what Content you access through the Site or Service; what effects that Content may have on you; how you may interpret or use that Content; or what actions you may take as a result of having been exposed to that Content. You release us from all liability for you having acquired or not acquired Content through the Site or Service. The Site or Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Site or Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
The Site and Service are provided “as is” and “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which we expressly disclaim. We, and our directors, officers, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the Site or Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Site or Service is free of viruses or other harmful components; or (d) the results of using the Site or Service will meet your requirements. Your use of the Site and Service is solely at your own risk.
We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information or any other Content stored on our equipment, transmitted over networks accessed by the Site or otherwise connected with your use of the Service.

Indemnity
You shall defend, indemnify and hold harmless Pergate, our affiliates and each of our, and our affiliates’, employees, contractors, directors, officers, agents, suppliers, partners, content providers, and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms or violation, misappropriation or infringement by you, or any third party using your account, of any intellectual-property right or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Liability Limitation
In no event shall we, nor our directors, officers, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site or Service (a) for any lost profits, data loss, cost of procurement of substitute goods or services or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising), (b) for any bugs, viruses, Trojan horses or the like (regardless of the source of origination) or (c) for any direct damages in excess of (in the aggregate) one-hundred Swedish kronor (SEK 100).

Resolving Disputes
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and we agree that any cause of action arising out of or related to the Site or Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms shall be governed by and construed in accordance with the laws of Sweden, excluding its conflicts-of-law rules. Any dispute arising under, in connection with, or incident to these terms or concerning its interpretation will be resolved exclusively by the courts of Sweden, with the Stockholm District Court as first venue. The prevailing party in any proceeding arising under these terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert-witness fees and all other expenses) incurred in connection with the proceeding.

Integration, Severability and Waiver
These Terms (including those terms incorporated herein by reference) are the entire Agreement between you and us with respect to the Service and the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Service or Site. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary for the rest of this Agreement to remain enforceable. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. For any waiver of compliance with these Terms to be binding on us, one of our authorized representatives must provide you with written notice of that waiver.

We shall not be liable for any failure to perform our obligations here where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you and you may not assign, transfer or sub-license them except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations here without your consent. These Terms do not create any agency, partnership, joint venture or employment relationship and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms shall be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return-receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next-day delivery by recognized overnight delivery service.

Contact
You may contact us at stockholmsounds.feedback@pergate.com

Pergate Privacy Policy
Last Updated: Jul 10, 2013

We at Pergate AB (“Pergate,” “we,” “our,” or “us”) take your privacy seriously and know that you care about how your personal information is used and shared. By visiting or using the http://www.pergate.com/products/stockholmsounds website, applications, services or any other linked pages, features or content we offer from time to time in connection with our website or applications (collectively, the “Services”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you consent that we will collect, use and share your information in the following ways.

What Does This Privacy Policy Cover?
This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services. This policy does not apply to the practices of companies that we do not own or control or to individuals whom we do not employ or manage. Nor does this policy apply to information you choose to disclose publicly on the Services (such as information that other Services users can see), which is not considered Personal Information.

What Personal Information Do We Collect?
The information we gather from users enables us to personalize and improve our services and to allow our users to set up a user account and profile that can be used to interact with other users through the Services. We collect the following types of information from our users:
Personal Information You Provide Us:
We receive and store any information you provide us. The types of Personal Information collected may include your name, user name, credit-card information, email address, phone number, IP address and browser information. You can choose not to provide us with certain information but then you may not be able to take advantage of many of our special features. We use the Personal Information you provide to enhance your user experience.

Information Collected Automatically:
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, “cookie” information and the page you requested.

We may place, or allow our technology and advertising partners to place, “cookies” and “web beacons” (also known as Internet tags, pixel tags, single-pixel GIFs, clear GIFs, invisible GIFs, 1-by-1 GIFs, and web bugs) on your device, which are identifiers transferred to your device through your browser that allow us to recognize your device and tell us how and when pages in our or our advertising partners’ sites are visited, advertisements viewed, by how many people and to engage in other reporting. These identifiers do not contain Personal Information about you. You may be able to change the preferences on your browser to prevent or limit your computer’s acceptance of cookies, web beacons and similar technologies, but this may prevent you from taking advantage of our Services.

When we collect usage information (such as the numbers and frequency of users on our application), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Services, so that we can make the Services appealing to as many users as possible. We may also provide this aggregate information to our partners and clients, which allows them to understand how often people use their services and our Services, so that they, too, can provide you with an optimal user experience. We never disclose aggregate information to a partner in a manner that would identify you personally.

Email
We may receive a confirmation when you open an email from us, indicating whether the email has been opened and whether links in the email have been clicked. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, indicate your preference during the registration process, by modifying your account settings accordingly or by emailing us at stockholmsounds.feedback@pergate.com.

Children’s Privacy Issues
We do not intend to and do not want to collect any personal information from children under the age of 13. Any use of the Services by children should be conducted under the supervision of that child’s parent or guardian. Information should not be submitted to the Service by anyone under 13 years of age without the consent of their parent or guardian. If we learn that a user under 13 years of age has submitted personally identifiable information online without parental consent, we will take reasonable measures to delete such information from our databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law). We recommend that minors ask their parents for permission before sending any information about themselves to anyone over the Internet.

Third Party Services
The Service allows you to connect with certain third-party services (Twitter, Facebook and other similar services). When you broadcast information to these third-party services, that information is no longer under our control and is subject to the terms of use and privacy policies of those third parties. Pergate may make certain Personal Information available to third-party developers using our Application Programming Interface (“API”) if you use third-party applications developed by third-party developers. Use of third-party applications developed using our API is subject to the terms of use and privacy policies of those third-party developers.

Location Based Services
The Services include location-based applications that determine your location based on your wireless network location or WiFi access points that you are in range of. Your location information will only be used to provide the Services and gather analytical data. We do not and will not track your specific location in real time, and any request you make to determine your location will not be paired with any information that identifies you personally.
Third-party applications and the Services may expose user locations in broad and creative ways and may permit you to make your information publicly available and accessible by everyone on the Internet. You can control whether your activity via the Services is broadcast to third parties through your privacy settings and by not using third party services or applications that make your information publicly available and accessible.

Links
The Services may contain links to other sites. We are not responsible for the privacy practices, the terms and conditions of use, or any of the content of such sites. The linked sites may collect personal information from you that are not subject to our control. The data collection practices of linked sites will be governed by that site’s privacy policy.

Will We Share Any of the Personal Information We Collect?
We neither rent nor sell your Personal Information to anyone. We share your Personal Information in personally identifiable form only as described below.
Affiliated Businesses We Do Not Control: In certain situations, businesses we’re affiliated with may sell items or provide services to you through the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction. The data-collection practices of such affiliated businesses will be governed by that business’s privacy policy.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
User Profiles: User Profile information, including your name, email address, and other information (“User Submissions”) may be displayed to other users if you choose to enter such information on your User Profile. Again, any content (including without limitation images, captions and comments) you voluntarily disclose for other users to view on the Services is not Personal Information; it becomes publicly available, can be collected and used by others and may be redistributed through the internet and other media channels.
Communication About the Services: As part of the Services, you may receive communications from us, whether by email or other means. We and our agents may send you email, contact you or engage you in other communication that we or they determine relate to your use of the Services.
Promotional Offers: If you opt in through the Service to receive promotional offers, we may send offers to you on behalf of other businesses. When we do so, however, we do not give the other business your Personal Information. If you do not wish to receive these offers, you may opt out by changing your preference through the Service or by emailing us at stockholmsounds.feedback@pergate.com.
Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, Personal Information would be one of the assets transferred to or acquired by a third party.
Protection of Pergate and Others: We may release Personal Information when we believe in good faith that doing so is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property or safety of Pergate, our employees, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit-risk reduction.
Invitations: When you invite someone to join Stockholm Sounds, we will send an invitation to that person’s email address containing your name. This is necessary to ensure that that person knows who has contacted them.
With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties and will be able to prevent the sharing of this information.

Is Personal Information About You Secure?
Pergate and the vendors that provide hosting services for us use a variety of security technologies and administrative procedures to help protect your personal information from unauthorized access, use or disclosure with security measures appropriate to the sensitivity of the information. For example, your personal information is stored on computer systems located in controlled facilities. Internal access to users’ private and non-public personal information is restricted to site administrators and others on a need-to-know basis.
Your User Profile is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer, browser and mobile device by signing off or closing out of the application after you have finished accessing your account.
We endeavor to safeguard user information and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure and other factors may compromise the security of user information at any time.
The Services may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read that site’s privacy policy.

What Personal Information Can You Access?
Through your User Profile, you may access and, in some cases, change certain information you’ve provided us. The information you can view and update through your User Profile may change as the Services changes. If you have any questions about viewing or updating information we have on file about you, please contact us at stockholmsounds.feedback@pergate.com.

Deleting Your Account
You may delete your Stockholm Sounds account by contacting us at stockholmsounds.feedback@pergate.com, or by clicking on the “delete account” link on your Account Settings page. If you delete your account, your profile, including any messages in your inbox and any promotional offers you received, will be removed from the site and deleted from our servers. Because of the way we maintain Stockholm Sounds, this deletion may not be immediate. Residual copies of your profile information or posts may remain on backup media.

What Choices Do You Have?

    • You can always opt not to disclose information to us, but keep in mind some information may be needed to take advantage of some of our special features.
    • You may be able to add or update certain information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records.
    • You may request information on which personal data we hold concerning you.
    • You may request deletion of your account as explained above. Note that some information may remain in our private records after deletion of your account.

European Union Data Considerations
Personal information collected through the Services may be stored and processed in the United States or any other country in which Pergate or its affiliates, subsidiaries or agents maintain facilities, and by using the Services, you consent to any such transfer of information outside of your country.
Any personal data collected is collected and stored in accordance with the Swedish Act on personal information (SFS 1998:204). By downloading the application or using other Services you agree to us retaining certain information and to use it in the ways and for the purposes described in the end user license agreement, the terms of use and this privacy policy. You have the right to annually upon written request receive free of charge information on what information we keep on you and how we use it. Responsible for the data collection is Pergate AB, corp reg no 556863-4934, P.O Box 55692, SE- 112 15 Stockholm, Sweden.

Changes To This Privacy Policy
We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Services. You can determine if any changes were made to this Privacy Policy by noting the date that it was last updated. You are bound by any changes to the Privacy Policy when you use the Services after such changes have been first posted.

Questions And Concerns
If you have any questions or concerns regarding our privacy policies, please send us a detailed message at stockholmsounds.feedback@pergate.com. We will make every effort to resolve your concerns.

Copyright Policy
Effective Date: Jul 10, 2013

We (Pergate AB) have adopted this general policy toward copyright
We will, in our sole discretion, (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our content providers, members or users, and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through our websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to us:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    2. Identification of works or materials being infringed;
    3. Identification of the allegedly infringing material, including information about the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
    4. The notifying party’s contact information, including address, telephone number and, if available, email address;
    5. A statement that the notifying party has a good-faith belief that the material identified in item 3 above is not authorized by the copyright owner, its agent or the law; and
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Please send any notices to the following address: stockholmsounds.feedback@pergate.com