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Marketplace Terms and Conditions
1. INTRODUCTION

Welcome to the Ampedstudio.com Marketplace located at https://ampedstudio.com/ which is owned and operated by AmpTrack Technologies AB.

Ampedstudio.com is an online platform that offers a diverse range of music teaching resources for all levels, ages and abilities (“Service”).

Please read these Terms & Conditions carefully. By accessing and using Ampedstudio.com as a Seller (as defined herein) you agree to be bound by these Terms & Conditions and our Privacy Policy located at https://ampedstudio.com. These Terms & Conditions constitute a legally binding agreement between you and Ampedstudio.com (“Agreement”).

Ampedstudio.com reserves the right to alter, modify, add to, or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via Ampedstudio.com, without giving prior notice to a User. It is your responsibility to check the Terms & Conditions each time you use Ampedstudio.com. This Agreement is for the Sellers, which use Marketplace on the basis on paying commission to AmpTrack Technologies AB.

This Site is offered and available to Users of an age 14, with a condition of parental consent, which allow them to enter into binding contracts.AmpTrack Technologies AB does not check availability of parental consent. The User is responsible for following this condition himself.

2. DEFINITIONS

For the purpose of these Terms & Conditions the following definitions apply:“Amount” means the Purchase Price and Fees payable to Ampedstudio.com for a Resource. All Amounts on the Marketplace are listed in $US.“Buyer” means a User that has completed a Purchase.“Commission” means the fifty (50) percent fee or otherwise mutually agreed percentage fee between Ampedstudio.com and the Seller payable to Ampedstudio.com from each Sale. The Commission is calculated on the Purchase Price before any Fees apply.“Data” means any data or information inputted by a Seller or on behalf of a Seller into Ampedstudio.com.“Fees” means any and all shipping, Transaction Fees and/or other applicable charges which may apply to a Sale, excluding the Purchase Price.“Listing” means the listing on Ampedstudio.com that the Seller uses to offer a Resource for sale."Payment" means the amount, which the Buyer pays to the Seller for purchase.“Resource” means music products, services and/or merchandise, including but not limited to electronically delivered files, digital and/or physical sheet music, software programs, PDFs and/or other digital or physical goods that are made available by a Seller for purchase via a Listing.“Seller” means a User that has created a Listing."Sale" means the completed transaction between the Buyer and Ampedstudio.com for the purchase of the Resource, as a result of which Ampedstudio.com received the Payment paid by the Buyer.“Purchase Price” means the amount offered by the Seller, as represented in the Listing, for a Resource. The seller can change the price when he wants to. In the case of non sale of the track he has the right to delete it. The seller can change the price any time.“User” means any user of the Ampedstudio.com, including Buyers and Sellers."Affiliate Program" means the agreement between Amptrack Technologies AB and the User, that states the following:In the case the User´s participation in this program and attraction of other Users, using a referral link, making Payments, the User will receive a commission of 10% of the amount of the referred User's purchase.“Transaction fee” a payment system fee for the transferring money.

3. PERSONAL DATA

The purpose of the General Data Protection Regulation ("GDPR") is to protect all European Union ("EU") citizens from privacy and data breaches by allowing citizens to maintain control of the personal data kept and processed by organizations, which includes Ampedstudio. The GDPR also protects the personal data of individuals, regardless of citizenry, in the EU.

Ampedstudio.com is committed to safeguarding the privacy of personal data. Furthermore, Ampedstudio.com is committed to protecting your privacy online. We are also committed to providing you with the very best experience we can on our website at Ampedstudio.com. This Policy also describes how we use personal data, the purpose for sharing and recipients of personal data and your rights and choices associated with that data. By using Ampedstudio.com, you are consenting to the practices described in this Privacy Notice.

Use of Information

Our primary goal in collecting personal information is to provide you, the user, with a customized experience on our website. We use the collected data for various purposes including:

  • To provide and maintain our Sites and Services, including to take steps to enter into a contract for sale or services, bill you for services and process payments and fulfill transactions;
  • To enable and allow you to participate in interactive features of our Sites and Services and provide you with a personalized service, content and ads;
  • To create custom audiences on social media sites;
  • To provide you with better products and services and improve and grow our business, including to perform research and development, understand our customer base and purchasing trends and understand the effectiveness of our marketing;
  • To operate and maintain safe, secure and reliable Sites and Services;
  • To provide customer support, including to contact you in response to an inquiry that you sent, and send administrative messages, technical notices, updates, alerts and other information;
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
  • To track the progress and number of entries in our promotions and contests;
  • To contact you on behalf of certain artists or other third parties and recommend artists to our business partners for publishing engagements;
  • To perform accounting, audits and other internal functions; and
  • To comply with a request or order from courts, law enforcement or other government authorities.
  • Ampedstudio.com may also use personal information for other business purposes, including the following: (i) perform accounting, audits and other internal functions; (ii) compliance with our legal obligations or to assert or defend a legal claim; (iii) general business administration; (iv) processing employment applications; and (v) systems and data security.

In addition, if we feel that a user abuses the Ampedstudio.com site in any way, we reserve the right to use and share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, and possible fraudulent or illegal activity.

3.1. Third Party Use of Sensitive Information

We may disclose your Sensitive Information and other Information if we consider it harmful for society according to political or moral issues.

Business Partners: We may share some or all of the information collected in connection with such service, promotion or contest with the co-sponsor(s).

Service Providers: We may employ third party companies and individuals to facilitate our Services ("Service Providers"), to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services are used.

Facebook Conversion Tracking Pixel: Our website utilizes the Conversion Tracking Pixel service of Facebook. This tool allows us to follow the actions of users after they are redirected to a provider's website by clicking on a Facebook advertisement. We are thus able to record the efficiency of Facebook advertisements for statistical and market research purposes. The collected data remain anonymous and we cannot see the personal data of any individual user, however the collected data is saved and processed by Facebook. Facebook is able to connect this data with your Facebook account and the data is used for their own advertising purposes in accordance with their policy found under: . Please click here if you would like to revoke your permission: .

Combined and Aggregated Data: We may analyze aggregated, de-identified data and share these analytics, including to marketing agencies, media agencies and analytics providers. We may also combine information from the Services with other information we obtain. Additionally, information collected about you from a particular browser or device may be linked to information collected from another computer or device that may relate to you.

Google Analytics: We may use third-party Service Providers to monitor and analyze the use of our Services: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: .

Business Transactions: Under certain circumstances, Ampedstudio.com may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Disclosure for Law Enforcement: Under certain circumstances, Ampedstudio.com may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

3.2.Legal Requirements

Ampedstudio.com may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation;

To protect and defend the rights or property of Ampedstudio.com

To prevent or investigate possible wrongdoing in connection with the Services;

To protect the personal safety of users of the Services or the public;

To protect against legal liability.

Cookies and Other Technology

The Ampedstudio.com use of cookies and other data can be found in the Ampedstudio.com Privacy Policy.

3.3. Data Protection

This Data Protection section applies to all users of any services owned or controlled by Ampedstudio.com Furthermore, this section extends to Service Providers, Contractors, Affiliates, Vendors, Agents, and Entities; their parent company and subsidiaries, or their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (each referred to as “Parties” in the following paragraph). By executing any Agreement with Ampedstudio.com which uses any personal information, Parties agree to abide by the following paragraph. Violation of this section is cause for termination of Service or rights granted by Ampedstudio.com. Moreover, if an agreement has been executed between Ampedstudio.com and a Party, violation of this section is considered a material breach.

Each party shall, at its own expense, ensure that it complies with and assists Ampedstudio.com to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 and any successor legislation (ii) for so long as and to the extent that the law of the EU has legal effect in the UK, the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and any other directly applicable EU regulation relating to privacy; and (iii) and any applicable U.S Data Protection Laws, not limited to the California Consumer Privacy Act (CCPA) . This clause is in addition to, and does not reduce, remove or replace, a party's obligations arising from such requirements. Parties confirm that they will not rent or sell customer lists, contact details or other data without the customers’ express prior approval. Either party may treat a breach of this clause 15 as a reason for termination of this Agreement in accordance clause 11 of this Agreement.

Furthermore, under Article 5 of GDPR both parties will comply with the following principles to ensure any personal data will be: a) Processed for limited purposes and not in any way incompatible with those purposes, b) Adequate, relevant and will not be excessive, c) Accurate Not kept for longer than necessary, d) Processed in accordance with the individual rights of any data subject, and e) Secure Not transferred to countries or other parties without adequate data protection.

3.4. Retention and Destruction of Your Information

Your information will be retained by the Ampedstudio.com in accordance with applicable state and federal laws, and the applicable retention periods in the Privacy Policy. Your information will be destroyed upon your request unless applicable law requires destruction after the expiration of an applicable retention period. The manner of destruction shall be appropriate to preserve and ensure the confidentiality of your information given the level of sensitivity, value and criticality to the Ampedstudio.com.

The Seller is solely responsible for maintaining the confidentiality of their Account and Account password.

3.5. Rights of the User

The User has the right to request access to, a copy of, rectification, restriction in the use of, or erasure of the User´s information in accordance with all applicable laws. The erasure of the User´s information shall be subject to applicable law of Sweden.

3.6. Updates to This Policy

We may update or change this policy at any time. Your continued use of Ampedstudio.com website and third party applications after any such change indicates your acceptance of these changes.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES ACCOUNT OF THE SELLER

In order to access the Ampedstudio.com Marketplace as a Seller, the Seller must have an account at https://connect.stripe.com/ and complete an online form through "Become a Seller" on Ampedstudio.com ("Account").

The Seller can place 10 tracks for free. If the Seller needs to place more than 10 to 50 tracks – it´s needed to purchase a special tariff. The cost is 67.99 per year, at the end of the paid period, the last tracks, more than free will be removed.

The Seller must ensure that the Resource:

• is of the quality, standard, functionality and requirement represented in the Description and/or represented in any image included in the Listing; and

• is not offensive, harmful, objectionable and/or defamatory in any way.

Ampedstudio.com should not be used to drive traffic to another website or business. Seller should not include hyperlinks to another website or marketplace/e-commerce site where purchases can be made.

• In the event that Ampedstudio.com deems a Listing to be harmful, objectionable or that it infringes (or potentially infringes) on the rights of others or any applicable law, Ampedstudio.com has the sole discretion to remove such Listing or limit the availability of any Resource without prior notice.

• Sessions on The Ampedstuio.com Marketplace may be offered at a base starting price of $10 up to $5000 as determined by the Seller.

BUYERS

• You may not offer direct payments to Sellers using payment systems outside of The Ampedstudio.com Marketplace Order system.

• The Ampedstudio.com Marketplace retains the right to use all publicly published delivered works for The Ampedstudio.com Marketplace’s marketing and promotional purposes.

• Buyers pay The Ampedstudio.com Marketplace to create an order from a Seller’s page or Custom Offer, using the Cart and Checkout button.

• Products may be purchased using one of the following payment methods: Credit Card, Stripe, Apple Pay.

• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Buyers on the Site or transferring payments to Sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor.

• The Buyer may not be able to make payments for an order except at the website of Amptrack Technologies AB: www.ampedstudio.com

• The Buyer is granted all rights for the delivered work, according to chosen license as to p.5. of this Agreement.

• The Ampedstudio.com Marketplace retains the right to use all published delivered works for The Ampedstudio.com Marketplace marketing and promotion purposes.

5. RESOURCES AND LISTS

Once logged into an Account, the Seller can create a Listing. A Listing will include:

• a description of the Resource.

• any image necessary to represent the Resource.

• licensing restrictions on the purchase and use of the Resource;

• any software and/or other system requirements for using the Resource; and

• the Seller’s refund or returns policy (if any) relating to the Resource (“Description”).

• Ampedstudio.com will not be liable for any loss or damage caused by errors made in the Purchase Price, Description, Listing or Resource represented to the Buyer Licenses

Here is a simplified explanation of the different licenses included with Custom Pack purchases.

Buying license:

• The Seller shall transfer all the rights to purchase to the Buyer.

• The Buyer shall individually own the entire contents of the purchase, including copyrights.

• The Buyer may resell, reuse and manipulate the content in any way.

• After the purchase, the product shall be removed from the Amped Studio store.

• The Buyer may use the product in any way they wish, including trading in the sounds covered by the license.

Exclusive license:

• The Seller shall transfer all rights, except for copyright, to the User.

• The Seller shall transfer the right to commercial use to the Buyer.

• The Buyer may reuse and manipulate the content in any way.

• The Buyer may resell the publication in social networks and on streaming platforms.

• Once purchased, the product shall not be removed from the Amped Studio store.

• The Buyer may use the product to create their own album or track, amend it, but shall not trade sounds covered by the license, even as a part of a new track.

Non-exclusive license:

• The Seller shall transfer the right to use the content to the Buyer for free.

• The Buyer may use the content in any production or project, except for a different set of samples.

• The Seller may resell it multiple times.

• The Seller and the Buyer shall have no copyright claims against any other licensed buyer.

• The Buyer may use the product as a soundtrack for their projects, but shall not amend the track or trade in sounds covered by the license, even as a part of a new track.

6. REQUIREMENTS FOR THE CONTENT OF PRODUCTS TO BE PLACED

Content must be made on Amped Studio by the originator of the content.

Content must be 100% royalty free and free of any copyright infringements.

Amptrack Technologies AB will not be held responsible if the content is brought in to legal question.

Technical requirements of content:

• Stems should be in wav. format, 16 bit/44.1 and be edited and include bpm and key information.

• Full stereo tracks should include but wav and mp3 formats.

• Sample packs should include BPM and key when relative

• Text file with Pack, name, description, genre, number of files included

• Graphic picture (product cover)

Takedowns: Amptrack reserves the right to remove any content at their discretion if it is deemed inappropriate (racial, political, sexual, violence content, or copyright infringement).

7. INTELLECTUAL PROPERTY RIGHTS

Except for third party Resources or otherwise stated, all other aspects of Ampedstudio.com is owned or controlled by Ampedstudio.com or third parties that have authorised such use, including but not limited to all trademarks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content (“Materials”) of Ampedstudio.com.

No Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms & Conditions, without the prior written consent of Ampedstudio.com.

The Seller will retain ownership (including intellectual property rights), placed by him on Marketplace. In uploading a Resource to Marketplace, the Seller grants Ampedstudio.com the irrevocable, non-exclusive right to:

Store, use, display, promote, sell, and provide access to the Resource (including any intellectual property rights) on Ampedstudio.com for the purposes of providing its Services; and use the Seller’s name, Listing or Resource for promotional purposes throughout all media (including but not limited to email, advertisements, other sites and/or search engines).

8. ORDERS

• Once payment is confirmed, the order will be created and given a unique order number.

• After payment, the User will have access to a link to download digital materials;

• The order is considered completed after the funds have been received and the download link has been provided and the Product have been delivered.

9. DISCOUNTS, PROMOTIONS AND REFERRALS

Ampedstudio.com shall have the full right to offer promotions for all Resources, specified on Ampedstudio.com, and will offer promotions and/or discounts only with the Seller's consent.

The Seller may, at its own discretion, apply its own promotions and/or discounts to its Resource.

If the Seller wishes to include a referral link to the resource, created by the Seller on the trading platform, the link must be pre-approved by the administrator of Ampedstudio.com (“List of directories”).

The Seller shall have the right to create a referral link for any of its Goods on the trading platform.

If the Seller has brought the Customer to its own goods by using a referral link, its means that the Seller will get additional income in accordance with the referral programme.

10. PAYMENT AND FEE

Ampedstudio.com shall be entitled to a fee from each sale through Ampedstudio.com. For the avoidance of doubt, the total amount, deducted by AmpTrack Technologies AB, includes the following:

• Ampedstudio.com shall charge the Amount from each Sale and make Payment to the Seller after the fee of 50% is deducted from the Selling Price.

• All Payments, given the fee, received from sale of a track, will be automatically sent to the Seller’s account in the Stripe system. For this purpose, the Seller must have a registered account in the Stripe system by activating it in Settings -> Seller Details.

• To receive the reward due to participation in the affiliate system, it’s necessary to accumulate the amount of 10.99 US dollars. You can check this information on the user’s page https://my.ampedstudio.com/users/me in the Finances tab. Once the amount, mentioned above in this clause, is reached, you should contact the customer support service, specifying “Receipt of the reward due to participation in the affiliate system”, and get further instructions. You will be asked to provide additional information about the details for funds transfer. If the application is approved by AmpTrack Technologies AB, the payment will be made within 14 working days of the application’s approval.

• The Seller shall be solely responsible for any transaction and/or other fees, which Stripe may charge from the Payment, being made to the Seller’s Stripe account. Ampedstudio.com shall not bear responsibility for any payments, processed (or not processed) though Stripe, or other payment methods, which may be added in the future.

• Ampedstudio.com shall be fully entitled to change the fee and will notify the Seller within a reasonable term about such a change. Having received the notification about the fee’s change, the Seller may revise its Purchase price and/or Listing, remove its Listing and/or close its Account. Ampedstudio.com accepts that the Payment from the Sale, occurring before the fee’s change, will be made after deduction of the Fee, established during the Sale.

11. CANCELING THE ORDER BY THE BUYER

Buyers can not cancel an order and get the refund.

12. TERMINATION AND SUSPENSION

If Ampedstudio.com determines the Seller is in breach of this Agreement, Ampedstudio.com, in its sole discretion and without notice, has the right to limit access, suspend or terminate the Account and refuse any and all current or future use of the Account. Such termination shall not release the Seller of any obligations existing at the time their Account is terminated. In addition to terminating the Agreement, Ampedstudio.com will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.

The Seller has the right to terminate or suspend their Account via their Account’s page or by contacting Ampedstudio.com.

If the Seller’s Account is terminated, suspended or otherwise limited:

• The Listing(s) will be removed.

• Resources will be removed from Ampedstudio.com servers unless such Resources are subject to a Sale where a Buyer has purchased but not yet downloaded and/or otherwise received the Resource.

• The Seller will no longer have access to their Resource via their Listing, Account or Ampedstudio.com

The following sections of these Terms & Conditions will survive termination: Refunds and Returns; Payment and Commission; Termination and Suspension; Seller Warranties; Intellectual Property Rights; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.

13. SELLER’S WARRANTY

The Seller warrants to Ampedstudio.com as follows:

The Seller has the necessary right, title and interest (including but not limited to applicable copyright) to upload and sell the Resource via Ampedstudio.com, and in doing so warrants that no third-party rights or applicable laws are infringed.

That all Data uploaded on a Listing does not contain any viruses, tracking software or other programming algorithms that interfere with Ampedstudio.com and/or a Buyer’s privacy, data or computer systems.

The contract formed between the Seller and Buyer from a Sale is solely between the Buyer and Seller and that Ampedstudio.com is not a party to such contract, nor does Ampedstudio.com resumes any responsibility arising out of or in connection with such contract.

The Seller is responsible for any other fees or costs that it may incur and for paying any applicable income, sales, or other taxes that it may generate on Ampedstudio.com.

If the Seller is using Ampedstudio.com or agreeing to these Terms & Conditions on behalf of another person or entity, including but not limited to a company or other organisation, the Seller represents and warrants that they have the power and authority to bind such person or entity to the terms of this Agreement.

Any Buyer’s personal information provided by Ampedstudio.com to the Seller, including but not limited to a Buyer’s full name, address and contact information, will be kept confidential and used solely for the purposes of providing the applicable Resource.

Ampedstudio.com will not be in any way liable to the Seller or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for loss of money, goodwill, reputation or Data arising from the Seller’s use of Ampedstudio.com.

14.REFUNDS

The Seller shall receive the funds within 14 working days to the account from which the payment was made.

15. NO WARRANTY AND LIMITATION OF LIABILITY

Ampedstudio.com is provided on an "as is" basis and without representations or warranties of any kind to the Seller, whether express or implied, including without limitation as to the quality and/or fitness of Ampedstudio.com for a particular use, accessibility or warranties that access to or use of Ampedstudio.com will be uninterrupted or error-free. Ampedstudio.com does not represent that Ampedstudio.com will be secure or free of viruses or other harmful material or elements, or that any Materials will be correct, accurate, timely or complete.

Ampedstudio.com has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with Ampedstudio.com, including but not limited to any loss or damage arising from the lack of access to any Resource, Listing or Account and/or other Data provided to Ampedstudio.com and/or the termination or suspension of the Account.

16. PARTNERSHIP PROGRAMME

Sellers may participate in the partnership programme and receive 10% of the amount of purchases made by the attracted Customer. The Seller may receive funds within 14 days by means of transfer to the account as agreed in application “Receipt of the reward due to participation in the affiliate system”. The minimum amount to withdraw funds is 10.99 US dollars. The funds will be transferred within 14 working days after crediting of the funds.

All Users may participate in this programme, however, to receive the reward, the User shall comply with the conditions set out in clause 2 of this Agreement.

17. PAYMENT AND REWARD PROCEDURE

• For sale of tracks under control of https://stripe.com/legal/connect and Swedish Law.

• For participation in the affiliate system – Swedish Law.

18. INDEMNITY

The Seller hereby indemnifies Ampedstudio.com its officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any breach of this Agreement by the Seller.

Should Ampedstudio.com in its sole discretion determine that the Seller has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

19. ASSIGNMENT

The Seller acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Ampedstudio.com. Ampedstudio.com reserves its right to assign the provisions of this Agreement at any time.

20. APPLICABLE LAW AND JURISDICTION

These Terms & Conditions and the access and use of Ampedstudio.com shall be governed by and construed in accordance with the laws of Sweden. By accessing and using Ampedstudio.com, the Seller accepts that any dispute under these Terms & Conditions or arising out of access and/or use of Ampedstudio.com shall be subject to the exclusive jurisdiction of the Swedish Courts and by accessing and/or using Ampedstudio.com, the Seller hereby submit to the jurisdiction of such courts for such purposes.

Sellers are solely responsible for compliance with any applicable laws of the country from which they access Ampedstudio.com.

21. ENTIRE AGREEMENT

This Agreement shall constitute the entire agreement and understanding between the Seller, the Buyer and Ampedstudio.com concerning the subject matter hereof and supersedes all prior agreements and understanding of Seller and Ampedstudio.com with respect thereto.

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

22. OTHER TERMS

This Agreement shall be construed in accordance with the laws of Sweden. Any action or claims brought against the Company must be brought in the court of Sweden.

No Class Action

All claims between the parties related to this Agreement will be litigated individually and the User will not consolidate or seek class treatment for any claim with respect to the Users use of Services. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.

Entire Agreement

These Terms, including the Privacy Policy which is incorporated herein by reference constitutes the entire understanding between the User and the Company.

Waiver

Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.

Assignment

The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under these Terms to any other party with express written consent of the Company.

Severability

If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.

23. FORCE MAJOR

Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, Nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement without any notice.

THE COMPANY ONLY PROVIDES THE PLATFORM TO HELP USERS TO BUY AND SELL MUSIC RELATED SERVICES ONLINE. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR PLATFORM. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

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