Terms of use

Terms of Use Agreement General

August 8, 2007.

Mubito official music sites are operated by MUBITO AB (referred to as Mubito, we or us). Mubito official music sites are websites that allow Visitors and Members to experience music and multimedia content from a particular musician, band, artist or record label, create unique personal profiles online, and purchase music and related products.

The Services offered by Mubito include this website, the Mubito media player, the Mubito chat/messaging service, and any other features, content, or applications offered from time to time by Mubito in connection with the Website (collectively, the "Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Mubito). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process.

This Agreement includes Mubito’s policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and Mubito’s Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@mubito.com, Subject: Terms of Use Agreement.

Mubito may modify this Agreement from time to time and such modification shall be effective upon posting by Mubito on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Mubito and that you provide to other Users. Your Mubito profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Mubito Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Mubito assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact privacy@mubito.com.

Mubito reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

1 Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2 Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing us at support@mubito.com with the email subject DELETE MY PROFILE. If Mubito terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any subscription fees, if paid or due.

4 Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Mubito immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5 Non-commercial Use by Members. The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Mubito. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

6 Proprietary Rights in Content on Mubito.

6.1 By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to Mubito, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

6.2 The Services contain Content of Mubito ("Mubito Content"). Mubito Content is protected by copyright, trademark, patent, trade secret and other laws, and Mubito owns and retains all rights in the Mubito Content and the Services. Mubito hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Mubito Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.

6.3 The Services contain Content of Users and other Mubito licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

7 Content Posted.

7.1 Mubito may delete any Content that in the sole judgment of Mubito violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Mubito assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Mubito chooses, in its sole discretion, to monitor the Services, Mubito nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

7.2 You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Mubito does not endorse and has no control over the Content. Content is not necessarily reviewed by Mubito prior to posting and does not necessarily reflect the opinions or policies of Mubito. Mubito makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8 Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Mubito reserves the right to investigate and take appropriate legal action against anyone who, in Mubito’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Mubito:

(i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(ii) harasses or advocates harassment of another person;

(iii) exploits people in a sexual or violent manner;

(iv) contains nudity, violence, or offensive subject matter;

(v) solicits personal information from anyone under 18;

(vi) provides any telephone numbers, street addresses, last names, URLs or email addresses;

(vii) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(viii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(ix) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

(x) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(xi) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(xii) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

(xiii) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

(xiv) includes a photograph of another person that you have posted without that person's consent; or

(xv) for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Mubito reserves the right to investigate and take appropriate legal action against anyone who, in Mubito’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

(i) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

(ii) advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Mubito reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Mubito deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Mubito, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Mubito 50 for each such unsolicited email or other unsolicited communication you send through the Services;

(iii) covering or obscuring the banner advertisements on your personal profile page, or any Mubito page via HTML/ CSS or any other means;

(iv) any automated use of the system, such as using scripts to add friends;

(v) interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;

(vi) attempting to impersonate another Member or person;

(vii) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

(viii) selling or otherwise transferring your profile;

(ix) using any information obtained from the Services in order to harass, abuse, or harm another person; or

(x) using the Services in a manner inconsistent with any and all applicable laws and regulations.

9 Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Mubito to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Mubito by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Mubito’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, MUBITO AB. Skeppsbron 5, 21120 Malmo , Sweden; Attn: Copyright Agent; and email: copyrightagent@mubito.com

10 Member Disputes. You are solely responsible for your interactions with other Mubito Members. Mubito reserves the right, but has no obligation, to monitor disputes between you and other Members.

11 Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12 Disclaimers. Mubito is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on Mubito may contain links to other websites. Mubito is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Mubito. Inclusion of any linked website on Mubito does not imply approval or endorsement of the linked website by Mubito. When you access these third-party sites, you do so at your own risk. Mubito takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Mubito is not responsible for the conduct, whether online or offline, of any User of the Services. Mubito assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Mubito is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Mubito be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Mubito event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Mubito expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mubito cannot guarantee and does not promise any specific results from use of the Services.

13 Limitation on Liability. IN NO EVENT SHALL MUBITO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MUBITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUBITO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MUBITO FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

14 Swedish Export Controls. Software available in connection with the Services (the "Software") is further subject to Swedish export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of Swedish export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.

15 Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of Sweden without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the courts of Sweden . Either Mubito or you may demand that any dispute between Mubito and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedure of Sweden .

16 Indemnity. You agree to indemnify and hold Mubito, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes Mubito to be liable to another.

17 Other. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Mubito regarding the use of the Services. The failure of Mubito to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Mubito is a trademark of MUBITO AB. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: legal@mubito.com with any questions regarding this Agreement.

Terms of Use Agreement Shopping and Downloads

1 Prohibited Uses of Digital Downloads

1.1 You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads.

1.2 You may not play and then re-digitize any of the Digital Downloads, or upload those Digital Downloads to the Internet.

1.3 You may not create any derivative works by altering any of the Digital Downloads.

1.4 You may not use the Digital Downloads in conjunction with any other third-party content (e.g. to provide sound for a film).

1.5 You may not exploit any Digital Download for any commercial purposes whatsoever. You further agree to indemnify and hold harmless us for any and all losses, costs or damages (including our legal costs) incurred by us arising from your failure to comply with this section.

1.6 We reserve the right to change at any time, without prior notice to you, the software required to download, transfer, copy and use or limit use of any of the Digital Downloads. The speed at which a Digital Download can be transferred to your registered personal computer depends in large part upon the bandwidth of the connection provided by your Internet Service Provider. You are responsible for all charges associated with the use of your Internet Service.

2 Terms Governing the Purchase of Digital Downloads

2.1 Any digital material that you purchase or acquire from this Site (including, without limitation, all downloaded music, images, video, artwork, text, software and other copyrightable materials delivered by us to your email address or for the purposes of being accessed by you by means of streaming) are subject to the usage limits described below:

2.2 You agree that your use of Digital Downloads from the Site is governed by and conditioned upon your prior acceptance of the Sites Terms and specifically the provisions of this Claus 5. In addition, content owners of Digital Downloads may apply additional terms of use: we will post any such applicable additional terms on the Site as and when they may apply.

2.3 Digital Downloads Music:

(i) You may download and store a digital music file to a single personal computer. You may also copy and store each such download on up to four (4) other single personal computers totaling five (5) computers including the one you originally downloaded it to: to do this you must first copy the downloaded file to a transferable media format (e.g. a CDR) and then install the file from that media onto the other computer. At this stage the file will be encrypted and you will not be able to play it on the other computer. TO access and play the file, you must first ensure that the computer to which it has been transferred is online; when you first try to play the file, the computer will then connect to the license server from which you first acquired the file, whereupon you will be able to acquire a new license for the file that is unique to the computer onto which the file was copied. You will need to do this for all computers onto which you have copied the file.

(ii) You may transfer (or burn) a downloadable file onto a portable media format (including CDR, DVDR, Memory Card, mini disc, etc) a maximum of ten (10) times. You may also transfer the downloaded file to a personal portable device there is no limit on the number of such copies you can make, always provided that each such portable device is a dead end device; that is to say a device that does not allow you to then upload or otherwise transfer the file from that portable device to another computer, portable device or storage medium. Please also note that if the portable device has a removable memory, then the copy to such portable device is counted within the maximum of ten (10) transfers to portable media.

2.4 You may play Digital Downloads an unlimited number of times on the licensed computers, Portable Media and portable devices.

2.5 Other than is set out above, you are not allowed to burn, cut, download or otherwise copy Digital Downloads onto a separate media format (whether known now or in the future developed) including (without limitation) CD, CD-R, DVD , mini-disc, vinyl or audio-cassette.

2.6 No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights in Digital Downloads are expressly reserved. As a condition of purchasing each Digital Download or accepting purchase terms when downloading a promotional Digital Download without cost, you represent to us that you understand and agree to the limited uses associated with a particular Digital Download.

2.7 In order for you to be able to receive Digital Downloads marked for PC your Primary Computer must support the Windows Media Audio (WMA) format and meet Class 1000 standards. Before you can play a Digital Download, you must first install or already have installed Microsoft corporations Windows Media 9 Series, or higher. Digital Downloads will be delivered to you protected using Microsoft Windows Media digital rights management technology (WM-DRM) for Windows Media. The Site WMAs are not compatible with any Macintosh Operating Systems. We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access, play or otherwise use Digital Downloads, or for any damage caused to your Primary Computer and/or its associated systems, resulting from the incompatibility of your Primary Computer and/or its associated systems with the technical specifications set out in this clause and/or posted on the Site.

2.8 Mubito may choose at its discretion to make available alternate download formats that are compatible with other systems such as the Macintosh Operating System or iPod/iTunes system. These downloads may have different requirements than those stated in Section 2.7 above, and it is the responsibility of the user to select the appropriate format of the download and ensure that their system requirements match those of the download format selected.

3 Delivery, Title and Risk

3.1 Goods will be sent to the address given by you in your order and stated in the order confirmation email. Please note that your products will ordinarily be dispatched as one order; therefore if you have ordered more than one item and not all items are available for immediate dispatch, the dispatch of your order will be delayed until the subsequent items are in stock. We reserve the right to send you items in installments at our own additional cost in exception circumstances.

3.2 Title to any product ordered will pass to you once we have received payment in full for that product.

3.3 If your delivery address is outside of Sweden your items may be subject to import taxes which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; we advise each customer to contact their local customs office for further information. Please note that when shipping products internationally you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

3.4 From time to time we may engage a 3rd party to fulfill orders, in which case a contract for the sale of these products will be made between the 3rd party suppliers and you.

4 Processing of Orders

4.1 Credit and Debit cards are debited for all orders (whether consisting of one or more than one item and if an order consists of a mix of different types of products such as digital downloads and physical goods combined) at the time your order is shipped. In the case of digital download, this is when your download starts, and in the case of physical products upon the actual shipment of the product from our warehouse. All prices include sales taxes (where applicable) unless otherwise stated, but please not that postage and packing where required is added separately. Every purchase you make shall be deemed performed in Sweden , however you may be charged in your local currency if supported by us. Please note that you are responsible for paying any additional import duties that may be imposed on the products you have ordered by the customs authorities in your country of residence or in the country to which your order is dispatched (if different).

4.2 We use all reasonable endeavors to arrange shipment of all in stock items within two (2) working days of receiving your order and in any event no later than thirty (30) days from receipt of your order. Your order may be delayed if the item is not in stock with our third party suppliers. Some items may be unavailable and unfortunately we are not able to supply dates that our suppliers may get an item in stock. In all circumstances we will only make available products for sale that we reasonably believe will be in stock to supply to you within thirty (30) days. If however, we are unable to deliver your order in full within thirty (30) days we will contact you by email, explain the reasons why your order cannot be delivered within thirty (30) days, advise you of our estimated revised delivery date and ask if you wish to confirm the order (with the revised delivery date) or cancel the order and receive a refund in accordance with these terms. Please note that if you order more than one physical item and not all items are in stock, we will not dispatch your order until we have all physical items ready for dispatch. Where one of the items does not become available within 30 days, we will contact you as described above. This will not affect the delivery of your digital goods, as these are always available for you immediately after purchase.

4.3 You can find out whether your order has been dispatched by visiting your account page within your member profile at www.mubito.com, or if you are not a Member, by e-mailing shop@mubito.com including your order number. E-mail requests for order status must originate from the e-mail address nominated in your order. Our standard Returns Policy can be found in Section 6 below and this applies to all purchases from us.

5 Liability

5.1 This Liability section applies only to the extent permitted by law. For the avoidance of doubt, we do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from our negligence or willful default, or that of our employees, agents or subcontractors or (b) fraudulent misrepresentation.

5.2 We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed products, products and services. We will do our best to correct errors and omissions as quickly as practicable after being notified of them.

5.3 TO THE FULLEST EXTENT PERMITTED BY LAW, WE PROVIDE THIS WEB SITE , ITS CONTENTS AND SERVICES ON AN AS IS BASIS AND MAKE NO ( AND EXPRESSLY DISCLAIM ALL ) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPOCT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.

5.4 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchases from us. We will only be liable for direct loss up to a maximum total of the price of the product or service purchased in respect of any claim.

6 Purchasing procedure, placing orders and your rights of cancellation

6.1 Your contract for purchases made through this Site is with MUBITO AB, Skeppsbron 5, 21120 Malmo , Sweden company Org.Nr. 556695-0639 and you undertake that any and all products ordered by you are for your own private and domestic use only. You further agree that email can be used as a long-distance means of communication.

6.2 No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an email to you confirming that we have received payment in full for all the products you have ordered (Order Receipt). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the email to you (whether or not you receive that email). This confirmation email amounts to an acceptance by us of your offer to buy products from us or a 3rd party supplier that is engaged on your behalf by us.

6.3 This confirmatory email will contain all relevant statutory information concerning your contract, and also a link to these terms and conditions: it may be amended in accordance with these Terms from time to time. You must check that the details on this confirmatory email are correct as soon as possible and you should print out and keep a copy of it.

6.4 We will not pass on your personal or credit or debit card details to any third party.

6.5 You undertake that all details you provide to us for the purpose of ordering or purchasing products or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.

6.6 Nothing in this contract shall serve to affect your statutory rights. Our full refunds and returns policy is set out below.

6.7 You may cancel your order at any time prior to your order being dispatched by emailing us at shop@mubito.com ensuring that you quote your name, address and order reference number.

6.8 Your statutory right to cancel your order. If you are a customer within the European Union, you have the right to cancel your order and withdraw from your contract with us within a period of fourteen (14) working days beginning with the day after the day on which the items in your order are delivered to you. This applies to all our products except (i) for any digital items where downloading of the items has already commenced or (ii) contracts for the purchase of video, DVD , audio, video games and software products where the item has been unsealed or (iii) your Subscription Fee to any subscription services once we have begun to provide you with those subscription services. TO cancel your contract in this way, please first contact us by email to shop@mubito.com quoting your name, address and order reference number. If at this point your order has already been dispatched by us or received by you, we will then notify you of the address (and other contact details) to which your order should be returned. Please then pack and return the item(s) to this address complete with your name, address and order reference number and your written confirmation that you would like to cancel your contract so that we receive the item(s) within fourteen (14) working days after the day of the date that the item(s) was delivered to you. Please note that you will be responsible for the costs of returning the item(s) to us unless we delivered the item(s) to you in error or the item(s) is defective or faulty.

6.9 Our returns policy. In addition to your legal rights set out in Clause 6.8 above, we operate the following returns and refunds policies:

(i) Damaged or defective goods: in the unlikely even that you receive products which are damaged or defective, we shall, at your own option, either replace or repair any damaged or defective products, or refund to you the amount you paid for the products in question (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the products and that you return the products in the same condition that you received them;

(ii) Our mistake: if items are not delivered due to a mistake on our part you will be completely refunded, or sent the package again without extra charge; whichever you prefer. Please note that when you place your order, a label is automatically generated from the address you type into your account details, so you are responsible for getting this right. If you get your address wrong and do not notify us before the order is sent, we cannot refund the postage costs. If we accidentally send you items that you did not order, we will refund you for them and also for the cost of the outgoing postage and packing on those individual items, once you send them back to us;

(iii) Your mistake: if items are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the sorting office, you will be refunded for the cost of the items, but no for the postage and packing. We can re-send the items but you will have to pay the postage and packing charge again;

(iv) Other reasons: If you are not satisfied with any of the items you have received for any other reason (such as simply not liking them), we will refund you in full for the cost of the items (but not the postage and packing) if we receive the returned items to us in the condition that they were went, within 28 days of delivery to you.

6.10 We strongly recommend that you ask your local postal service or other delivery service that you use to return items to us for a proof of postage receipt which will confirm that you have sent the package with the products you wish to return to us. Please note that all refunds are conditional upon the fact that you must always return products or items to us the condition in which they were delivered to you. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

6.11 Once we receive notification from you that you wish to withdraw from the contract and you have returned the appropriate items to us (in accordance with these Terms) and sum debited to us from your credit card in relation to your order will be re-credited to that credit card account, or if you paid by some other method (e.g. cheque, debit card) we will then refund you the purchase price of the products together with any postage and packing costs that we have agreed in these Terms to meet as soon as possible and in any event within 30 days of your order.

6.12 Please note that we are unable to accept cancellation of any orders for digital downloads, nor offer any refund for such orders, once downloading has commenced.