1.1 By using the Studiorail™s Web site (the "Site") or Studiorail™s, software, information flows and services provided to you on, from or through the Site (collectively referred to as the "Service") you sign a binding agreement with Studiorail™. With "Studiorail™" referred Avtre AB, whose principal operations are conducted at Skolgatan 53, 90327, Umeå, Sweden
1.3 Terms constitute a legally binding agreement between you and Studiorail™ in relation to your use of the Service. It is important that you take the time to read the terms carefully.
1.4 The terms and conditions are applicable in relation to all users of the Service, including users who are also contributors of Content to the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access to, or contribute to the Service.
2. Approval of the terms and conditions
2.1 In order to use the Service, you must first accept the Terms. If you do not accept the Terms, you may not use the Service.
2.2 You can accept the Terms by using the Service. You understand and accept that Studiorail™ will treat your use of the Service as acceptance of the Terms from such date onwards.
2.3 You may not use the Service and agree to the Terms if (a) you have not reached the age required to enter into a legally binding agreement with Studiorail™ (b) you are prohibited or legally prevented from receiving or using the Service under the laws of the country where you reside or from which you return the service.
2.4 You are advised to print or save a copy of the terms and conditions for your own documentation.
3. Changes in Terms
Studiorail™ reserves the right to make changes in terms, for example, to respond to changes in legislation or as a result of changes in the features offered through the Service. Therefore, you must periodically look at conditions to check for any changes. The modified version of the terms and conditions ( "Modified Terms") will be published on [http://www.Studiorail.com] or made available through the Service (for further changing conditions). If you do not accept the modified terms, you must stop using the Service . your continued use of the service after the date of the modified terms made available will constitute your acceptance of the modified terms.
4. Studiorail™ Account
4.1 In order to access certain features of the Site or other parts of the Service, you must create a Studiorail™ account. When you create your account you must provide accurate and complete information. It is important that you store the password to your Studiorail™ account secure and confidential.
4.2 You must notify Studiorail™ immediately if you become aware of any breach of security or unauthorized use of your Studiorail™ account.
4.3 You agree that you are solely responsible (in relation to Studiorail™ and others) for all activity that occurs through your Studiorail™ account.
5. General restrictions on use
5.1 Studiorail™ grants you hereby to access and permission to use the Service provided the following EXPRESS conditions are complied with, and you acknowledge that your failure to meet any of these conditions constitutes a violation of the Terms on your part:
You agree not to distribute any part or parts of the Site or the Service, including but not limited to any Content, in any medium without the Studiorail™s written permission unless Studiorail™ allows for such distribution through the features of the Service (such as Studiorail™ player);
You agree not to alter or modify any part of the Site or the Service (including but not limited to Studiorail™ Player and related technologies);
You agree that you will not get access to content by any other technology or any other means other than the site's video playback pages, Studiorail™ player or such other functions as Studiorail™ explicitly may have entered for this purpose.
You agree that you will not (and do not try to) circumvent, disable or otherwise interfere with the Service security features or functionality that (i) prevent or restrict use or copying of any Content or (ii) restricting the use of the Service or materials available through service;
at your use of the Studiorail™ player on your own website, you are not permitted to modify or block any portion or feature of Studiorail™ player, including but not limited to links back to the website;
You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that the use of the Service sends messages to Studiorail™s servers more frequently than a man can achieve within the same time by using a publicly available standard browsers (i.e. non-modified);
You agree that you will not collect any personal information (this includes the names of Studiorail™ accounts) belonging to any user of the Site or the Service;
You agree that you will not, by partaking of User contributions, seek to solicit own users of the Site for commercial purposes; and
You agree that you will not prepare you access to Content other than personal use as intended and permitted by the normal functionality of the Service.
You agree that you will not copy, reproduce, distribute, transmit, display, sell, license or otherwise exploit any Content for any other purpose without the prior written consent of Studiorail™ or the respective licensors of the Content.
5.2 You agree at all times to comply with all other provisions of the Terms and Studio Community Rail Policy in your use of the Service.
5.3 Studiorail™ grant providers of public search engines permission to use spiders to copy materials from the sides in order to create publicly available search indexes, but not the creation of cache files or archives of such materials. Studiorail™ reserves the right to revoke these exceptions either generally or in specific cases.
5.4 Studiorail™ renews itself continuously in order to provide the best possible experience for its users. You understand and agree that the Service Studiorail™ provides both in its form and nature may change from time to time without informing you in advance about the changes.
5.5 As part of this continuing innovation, you acknowledge and accept that Studiorail™ at its sole discretion, may stop (permanently or temporarily) to provide the Service (or any other features on the Service) to you or to users generally without advance notice you about this. You may at any time terminate your use of the Service and you are not obliged to inform Studiorail™ when you decide to terminate your use.
5.6 You agree that you are solely responsible for (and that Studiorail™ has no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences (including loss or damage Studiorail™ may suffer) of any such breach.
6.1 Studiorail™ intends to maintain as best all partners legal rights under copyright law.
6.2 As part of the Studiorail™'s copyright policy, Studiorail™ terminate a user's access to the Website if the user has been found to commit a repeat infringer. A repeated infringement exists if a user has been notified of infringing activity more than twice.
7.1 As a holder of a Studiorail™ account, you can submit content. You agree that regardless of any Content posted or not does not guarantee Studiorail™ to Contents remain confidential.
7.2 You retain your ownership rights to your Content, but is required to grant limited license rights to Studiorail™ and other users of the Service. These rights are described in section 8 of these Terms (Rights you license).
7.3 You acknowledge and agree that you are solely responsible for your Content and the consequences of posting or publishing them. Studiorail™ does not endorse or support any Content or any opinion, recommendation, or advice expressed therein, and Studiorail™ is under no circumstances responsible for the contents.
7.4 You warrant that you have (and will continue to hold in your continued use of the Services) all necessary licenses, rights, consents and permissions necessary for Studiorail™ will be able to use your Content to provide the Service and otherwise to use your Content in the manner provided by the service and these Terms.
7.5 You agree that your conduct on the Website (and your Content) meets Studiorail™s Community Policy on [http://www.Studiorail.com] as updated from time to time.
7.6 You agree not to post or upload any Content that includes material that is illegal for you to possess in the country in which you reside, or that it would be illegal for the Studiorail™ to use or possess in connection with the provision of the service.
7.7 You acknowledge that the Content that you contribute to the Service contains copyrighted material belonging to third parties or material that is subject to any third party rights (including the right to privacy and right of publicity) unless you have permission from the rightful owner to use the material in question or otherwise have a legal right to post the material and to grant Studiorail™ licenses as specified under point 8.1 below.
7.8 On suspicion of possible abuse of these Terms reserves the Studiorail™ right (but is not obligated) to decide whether Content complies with the content requirements set out in the Terms and may at any time remove Content and / or terminate a User's access for uploading content that is in violation of the terms and conditions without notice and in its sole discretion.
7.9 You agree and aware that when using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent or otherwise objectionable. You hereby waive the right to invoke any legal rights you have or may have against Studiorail™ attributable to such Content, to the extent permitted by applicable law.
8. Rights you license
8.1 When you upload or post the Content Studiorail™ allows you to:
Studiorail™ a worldwide, non-exclusive, free, and transferable license (with right to sublicense) to use, reproduce, distribute, prepare derivative works of, display and perform the Content in connection with the provision of the Service and otherwise in connection with the provision of the service and Studiorail™'s operations, including but not limited to, marketing and further distribution of the service or any part of the service (and derivative works thereof) in any media format, anywhere and through any media channels anywhere.
to each user of the Service a worldwide, non-exclusive and free license to access your Content through the Service.
8.2 The above licenses granted by you to the Content terminates once you remove or delete your Content from the Site. The above licenses granted by you to the comments in the text that you made available as Content are perpetual and irrevocable, but does not affect the rest of your property that you maintain under paragraph 7.2 above.
9. Studiorail™ materials on the Site
9.1 Except for Content made available by you, all other material on the Service either owned by or licensed to Studiorail™ and is subject to copyright, trademark and other intellectual property rights owned by Rail Studio or Studiorail™s licensors. Other trademarks or service marks of Content that is not made available by you to their respective holders. Such content may not for any purpose, downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited without the prior written consent of Studio or Studiorail™ Rail licensors. Studiorail™ and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from Studiorail™
10.1 The Service may include hyperlinks to other websites that are not owned or controlled by Studiorail™. Studiorail™ has no control over and take no responsibility for the content, privacy policies, or handling of other websites.
10.2 You acknowledge and accept that Studiorail™ is not responsible for the availability of such external sites or resources, and does not support advertising, products or other materials on or available from such sites or sources.
10.3 You understand and accept that Studiorail™ is not responsible for any loss or damage which may be suffered by you through the availability of such external sites or sources, or by relying on the completeness, accuracy and existence of advertising, products or other materials available available on or from such sites or sources.
11. Ending your relationship with Studiorail™
11.1 The Terms will continue to apply until you quit or Studiorail™ same in the manner described below.
11.2 If you want to terminate your legal agreement with Studiorail™, you can do so by (a) notify Studiorail™ at any time and (b) terminate your Studio Rial account. Your notification shall be in writing and sent to the address set out initially in these Terms.
11.3 Studiorail™ may, at any time, terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in a way that clearly shows that you do not intend or can not comply with the Terms); or
Studiorail™ is obliged to terminate the agreement under the law (eg the provision of the Service to you is or becomes unlawful).
11.4 Studiorail™ may, at any time, terminate its agreement with you if:
Studiorail™ transitioning to no longer providing the Service to users in the country where you reside or from which you use the service; or
The provision of service to you, according to Studiorail™'s opinion, no longer commercially viable.
and in the case of each of the A or B of this clause 11.4, if possible, give reasonable notice of such termination.
11.5 In the event of termination, all the legal rights, duties and obligations of you and Studiorail™ benefited from, been subject to (or which have accrued over time Terms have been in force) or which gives expression to be valid indefinitely, unaffected of this termination and point 14.6 shall continue to apply indefinitely for such rights, obligations and responsibilities.
12. Exclusion of Warranties
12.1 Nothing in these Terms shall affect any statutory rights which you are always entitled to as a consumer and that you can not contractually can alter or waive.
12.2 The Service is provided "as is" and Studiorail™ makes no warranty to you in relation to the Service.
12.3 Studiorail™ guarantees especially not to:
Your use of the Service will meet your requirements,
your use of the Service will operate without interference, timely, safe or free from errors,
The information you obtain through your use of the Service is accurate or reliable, and
D. shortcomings in the operation or functionality of the software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with descriptions) can be invoked in relation to the Service, except to the extent expressly provided in the Terms.
13. Limitation of Liability
13.1 The Terms will exclude or limit Studiorail™'s liability for losses which can not be excluded or limited under applicable law.
13.2 Subject to 13.1 above, the Studiorail™ is not liable to you for:
any indirect or consequential loss or damage suffered by you. This includes loss of income (whether caused directly or indirectly), loss of goodwill or reputation or loss of data you suffer;
loss or damage suffered by you as a result of:
The belief that you set to the completeness, accuracy or existence of advertising, or as a result of dealings or transactions carried out between you and any advertiser or sponsor whose advertising appears on the Service;
changes Studiorail™ is undertaking regarding the Service, or for permanent or temporary cessation in the provision of the Service (or functions of the Service);
removal of, corruption of, or failure to store any Content and other communications data maintained or transmitted through your use of the Service;
Your failure to provide Studiorail™ accurate account information;
that you do not manage to keep passwords or information about your Studiorail™ account secure and confidential;
The limitations in Studiorail™'s liability to you in paragraph 13.2 above are applicable regardless of Studiorail™ notified of or should have been aware of the possibility of such losses may occur.
14. General legal terms
14.1 The Terms constitute the whole or part of the agreement between you and Studiorail™ and govern your use of the Service.
14.2 You accept that Studiorail™ may provide you with notices, including notifications of changes to the Terms, by email, mail or through the appropriation of the Service.
14.3 You accept that Studiorail™ not exercising or claiming rights set forth in the Terms (or Studiorail™ can avail themselves of the law), it does not mean that the Studiorail™ has decided not to exercise his rights but these can always be claimed Studiorail™.
14.4 If any court with jurisdiction to decide on such a matter, stating that any provision of these Terms is invalid, that provision will be removed from the Terms without conditions otherwise affected. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 You acknowledge and agree that each member of the same group as Studiorail™ is a legitimate third party in relation to the Terms and that such an undertaking is entitled to directly enforce and rely upon any provision of the Terms which gives them an advantage or right. In addition to this, no other person and no other company shall be third party in relation to the Terms.
14.6 Terms, and your relationship to Studiorail™ under the conditions governed by Swedish law. You and Studiorail™ accept that you submit your exclusive courts in Sweden jurisdiction to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Studiorail™ is entitled to turn to any jurisdiction to apply for interim measures (or other similar types of urgent legal action).