Web site Terms of Service
This is a legal Agreement (the "Terms of Service") between you and Grapewire on behalf of Smekkleysa SM ehf. ("we," "us," or "GRAPEWIRE '), an Icelandic corporation, with a principal place of business at Bakkastadir 117, Reykjavik, Iceland stating the terms that govern your use of the GRAPEWIRE service
By accessing and using the GRAPEWIRE Website, you hereby agree to these Terms of Service together with all updates, additional terms, and all of GRAPEWIRE’S rules and policies which collectively constitute this Agreement and Terms of Service
TO AGREE TO THESE TERMS, CHECK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CHECK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND GRAPEWIRE MAY REFUSE ACCESS TO THE GRAPEWIRE WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
l. Explanation and Charging Policy
We currently offer a service on our website (the "Website") that permits you to purchase downloads of digital content including sound recordings, software and data files -under certain terms and conditions as set forth in this Agreement. We may make available to you chat rooms focused on a variety of topics. You can access our site only with a password. You may obtain a password from us by setting up an account and providing us with your credit card account information and further information as detailed on the Website. We charge a fee for each download as further detailed on the Website. We charge that sum to your credit card in advance of the respective download.
2. Use of Passwords – Use of downloads
Only you and members of your immediate family are permitted to use your password. You are responsible for all uses of your password. Only one computer may be connected to our system at any one time with one password. You agree that with respect to any audio recordings you download, (the “Products”) you are authorized to make a copy onto up to three (3) computer hard drives, up to three (3) MP3 players, and burn up to three (3) copies onto a CD for each password issued to you for a subscription. We authorize you to make these copies per audio recording you wish to download per calendar month. To the extent we are technologically able, our intent is to prevent unauthorized copying. You do grant to us and authorize us to include with any streaming or downloading to you cookies, files, or other code that would cause your computer to notify us any time you make a copy of a download and to prevent you from making more than the authorized number of copies. You also permit us to insert cookies, files, or other code that would prevent emailing of any of the audio recordings you download from us or other electronic transfer of those recordings such as over variations of pure and hybrid peer-to-peer networks. In addition, from time to time we may permit downloading of new releases before those releases are released on compact disk. In that event, we may be required to add code to those downloads that prevent burning onto CDs, copying onto MP3 players and the like for various periods of time. You agree that you will take no action to circumvent any copy management protections we encode into the downloads. For the avoidance of doubt you expressley agree that, the Product or copies of the Product may not be resold or streamed either for profit or non-profit use, you shall be entitled to export, burn or copy Products solely for personal, noncommercial use. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
3. Your Rights
GRAPEWIRE grants you a non-exclusive, non-transferable, limited right to access, use and display this Website, the materials provided hereon and download the audio recordings available on the site provided that you comply fully with these Terms of Service. You agree not to interrupt, or attempt to interrupt, the operation of the Website in any way.
We cannot vouch for the accuracy, quality or good sense of messages posted here because we do not claim to read and evaluate them all. You must use your own common sense to judge, evaluate and decide about the usefulness of what you read here. We also do not vouch for the quality or the suitability of the audio recordings available here. You must use your own common sense to judge, evaluate and decide about the usefulness and appropriateness of what is available on this Website. Any ratings or reviews of the music are the opinions of the writer or poster only and not necessarily of GRAPEWIRE.
4. Access and Use Charges – Agreement to Pay
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
(If you wish to register as a subscriber, you agree to provide us with accurate, complete and up-todate information as requested ("Registration Data") including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including, without limitation, falsification of any Registration Data) may, at our option, result in immediate suspension or termination of your right to access and use the Website without refund of any sums you may have paid as a subscriber.
You agree to notify us promptly, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security of which you are aware or should be aware, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow the subscription "Help" instructions to update your Registration Data.)
5. Copyright and Trademarks
All materials on the Website, including, without limitation, text, images, software, audio and video clips, databases, e-mails, and posted comments and reviews (collectively, the "Content") are owned or controlled by GRAPEWIRE and/or its licensors, which retain all right, title, and interest in and to the Content. Your posting of material on the Website or providing material to GRAPEWIRE (other than subject to a "Distribution Agreement" with us) to use on the Website will be deemed a non-exclusive, perpetual, unrestricted license by you to us of the material, including the right to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works, and you waive all rights of attribution and integrity with respect to the material. The Website and Content are protected by applicable copyright and trademark laws, international conventions, and other applicable laws.
Post only material that is yours; that is, post only material to which you own the copyright or have the express written consent of the copyright holder. Direct quotes from published materials may not be posted without the written permission of the copyright holder. Material posted without permission of the copyright holder will be removed if we learn of such posting without permission. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof for any public or commercial use without our express written permission.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of GRAPEWIRE or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without our prior written permission or the permission of the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of GRAPEWIRE;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies inaccurately that GRAPEWIRE sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
GRAPEWIRE, and other related marks used on this Website, are service marks of Grapewire.
GRAPEWIRE may make available to users of the Website, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the Website (such facilities collectively referred to herein as the "Forums"). GRAPEWIRE cannot review all communications made on or through the Website: However, GRAPEWIRE reserves the right, but has no obligation, to monitor the Forums and edit, modify, or delete any materials which GRAPEWIRE in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any GRAPEWIRE policy.
7. Communicating with the Website
We expect you to use only language appropriate for general conversation, with no insulting, racist, obscene or sexually explicit remarks.
You are solely responsible for the content of any transmissions you make to the site or any materials you add to the site (or that are made or added using your password) (the "Communications"). You shall not upload to, or distribute to, or otherwise publish (or permit uploading, distribution or other publishing using your password) to the Website any Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services other than for GRAPEWIRE goods and/or GRAPEWIRE services;
(ii) constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(iii) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(iv) constitutes or contains false or misleading indications of origin or statements of fact;
(v) slanders, libels or defames any person or entity;
(vi) causes injury of any kind to any person or entity;
(vii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
(viii) violates any applicable laws, rules, or regulations; or
(ix) contains software viruses or any other malicious code designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums include, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the site. GRAPEWIRE and its Affiliates do not endorse or accept any Communications as its own or representative of its views. We reserve the right, though we do not have the obligation, to remove without notice any posting that we consider to be in violation of these Terms of Service or diminish the value of this online community. This includes postings which defame, insult or harass anyone or that are in any way abusive.
8. Public Communications
You acknowledge and agree that any Communications made to or by means of any portion of the Website are public. You acknowledge that
(i) you have no expectation of privacy in any Communication and
(ii) no confidential, fiduciary, contractually implied or other relationship is created between you and GRAPEWIRE by reason of your transmitting a communication to any area of the Website.
By transmitting any Communication to the Website, you grant to GRAPEWIRE a perpetual, worldwide; irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any proprietary rights, "moral rights," or any similar rights under any jurisdiction.
9. Unsolicited e-mail
You agree not to use the Forums or any other area of the site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients.
Most users of Websites hate spam. The last thing the owner of the Website wants is for its customers to become alienated from or antagonistic to the Website
recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the Website or any equipment owned or operated by GRAPEWIRE in connection with the Website. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public shall not constitute a request or invitation to receive messages.
10. “Opt-In” for Special Notices
GRAPEWIRE may periodically make special offers or communications to Subscribers to the Website. If you would like to receive such offers or communications, you may "Opt-In" at any time by checking the "Opt-In" box that appears on the e-mail notices page of the Website, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the "Opt-In" option constitutes acceptance of GRAPEWIRE's use of your e-mail address to send you notices pertaining to GRAPEWIRE, its products and services, the Website, and related topics.
11. Your Password and Responsibility
IF YOU BECOME A SUBSCRIBER, AS PART OF THE REGISTRATION PROCESS, YOU WILL SELECT A PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD YOU USE TO ACCESS THE WEBSITE AND AGREE THAT WE WILL HAVE NO OBLIGATIONS WITH REGARD THERETO.
You agree not to assign, transfer or sublicense your rights as a user to the Website.
12. Information Provided
YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. GRAPEWIRE RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSPTE, OR TO DENY ACCESS TO THE WEBSITE TO ANYONE AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT GRAPEWIRE IS NOT RESPONSIBLE FOR ANY MATERIALS POSTED BY USERS OF THE WEBSTTE. PRIOR TO MAKING ANY DECISIONS BASED ON INFORMATION POSTED ON THE WEBSTTE, YOU ARE ADVISED TO VERIFY THE INFORMATION. NEITHER GRAPEWIRE NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY ARISING FROM YOUR ACTS OR DECISIONS BASED UPON THE INFORMATION PROVIDED ON THE WEBSTTE.
13. Links to Other Websites
The Website may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by GRAPEWIRE of any third-party site or any materials contained therein. GRAPEWIRE does not warrant, endorse or control, and is not responsible for, the availability, accuracy, or currentcy of such third-party sites or any information, content, products or services accessible from such third-party sites.
14. Age Restrictions
You represent and warrant to GRAPEWIRE that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this
Agreement and to use the Website in accordance with this Agreement.
You hereby agree to indemnify, defend and hold harmless GRAPEWIRE from and against any and all liability and costs incurred by GRAPEWIRE in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. GRAPEWIRE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of GRAPEWIRE.
16. Disclaimer of Warranty
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NONINFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GRAPEWIRE MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY GRAPEWIRE. GRAPEWIRE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, GRAPEWIRE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVE X MALICIOUS CODE.
17. Limitation of liability
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL GRAPEWIRE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR GRAPEWIRE(THE “AFFILIATES”) , BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF GRAPEWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF GRAPEWIRE IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE.
In addition to any other rights of the parties set forth herein, either you or GRAPEWIRE may cancel or terminate your access to the Website. GRAPEWIRE also reserves the right to restrict, suspend or terminate your access to the Website in whole or in part,
Without notice, with respect to any breach or threatened breach of any portion of these Terms of Service. If GRAPEWIRE terminates these Terms of Service based on a breach of any portion of these Terms of Service, GRAPEWIRE reserves the right to refuse to provide use and/or access to any Services to you in the future. You acknowledge that GRAPEWIRE shall not be liable to you or any third party for any termination of your access to this Website. If we terminate your service for cause or you terminate the service during a calendar month, we will not refund any sum to you for service for that month but will refund any sums you paid for any period beginning on the first day of the next month.
(a) To the Agreement: GRAPEWIRE has the right to modify these Terms of Service and any policies affecting the Website. Any modification is effective as of the beginning of the month following the posting to the Website or distribution via electronic mail or conventional mail. Your continued use of the Website following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of GRAPEWIRE in providing the Website, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the use or access of the Website,
is to cancel your subscription in accordance with the subscription help instructions.
(b) To the Website: GRAPEWIRE has the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. GRAPEWIRE may also impose limits on certain features and services or restrict your access to parts or all of the GRAPEWIRE Website without notice or liability. We do not purposely change your messages, but we may edit or move messages and/or edit its title in the interest
of clarity and coherence of the ongoing conversation and may mistakenly change the concept in that way.
If you see a message that you believe violates these Terms of Service, please notify us at email@example.com.
If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify GRAPEWIRE. Click here for instructions.
These Terms of Service constitute the entire agreement between you and GRAPEWIRE with respect to the Website and supersede all prior agreements between you and GRAPEWIRE with respect to the Website. Failure by GRAPEWIRE to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Please do not suggest or encourage illegal activity. (GRAPEWIRE will cooperate with law enforcement officials as appropriate.) Interpretation and enforcement of these Terms of Service shall be governed by the laws of Iceland. You consent irrevocably to personal jurisdiction in the courts of Iceland for any action arising out of or relating to your use of the Website. The courts of Iceland shall have exclusive jurisdiction over all such actions. Your use of the Website may also be subject to other local, state, national, or international laws. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and nontaxable, and reasonable attorney's fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.