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ADDITIONAL TERMS AND CONDITIONS FOR SUBSCRIPTION OF THE LIVEARENA® PREMIUM SERVICES

PLEASE READ THESE ADDITIONAL TERMS AND CONDITIONS CAREFULLY. THESE ADDITIONAL TERMS AND CONDITIONS APPLY IN ADDITION TO THE GENERAL TERMS AND USE AND LIVEARENAS PRIVACY POLICY CONDITION CONSTITUTE A LEGALLY BINDING AGREEMENT AND BETWEEN YOU AND MY STATION AB.

  1. INTRODUCTION

    These additional terms and conditions (the “Additional Terms of Use”) apply in addition to the general terms and conditions and the privacy provisions contained therein (the “General Terms and Conditions”) to this Site, the LiveArena Premium Services and the Additional LiveArena Premium Services (as defined below).

    The Site, the LiveArena Premium Services and the Additional LiveArena Premium Services are operated by My Station AB, registration number 556747-5172, Box 5207, 102 45 Stockholm, Sweden, info@mystation.se (hereinafter referred to as “LiveArena”).

  2. DEFINITIONS

    Unless otherwise expressly defined herein, the capitalized terms used in these Additional Terms and Conditions shall have the meaning set out in the General Terms of Use.

  3. ADDITIONAL TERMS AND CONDITIONS

    3.1 Applicability

    These Additional Terms and Conditions shall apply in addition to the General Terms of use and LiveArena´s Privacy Policy to the subscription of the LiveArena Premium Services, as specified on the Site (the “Additional LiveArena Premium Services”).

    In case of a conflict between the General Terms and Conditions and these Additional Terms and Conditions, the latter shall take precedence as for your access to the Additional LiveArena Premium Services.

    3.2 Acceptance of Terms

    By subscribing to the Additional LiveArena Premium Services, you agree to be bound by these Additional Terms and Conditions in addition to the General Terms of Use.

    You may not use this Site unless, under the laws of you country of residence or from where you access the Site, (i) you have reached the age required in order to enter into a legally binding agreement with LiveArena, or (ii) you do otherwise not have the power or authority to enter into a legally binding agreement with LiveArena. By accepting these Term of Use, you warrant that you are at least 18 years of age, and are fully capable and competent to accept and enter into these Terms of Use.

    Your acceptance of these Additional Terms and Conditions includes any updates and/or amendments to these Additional Terms and Conditions made in accordance with section 3.3.

    3.3 Amendments

    LiveArena reserves the right to change any or all of the terms and conditions contained in these Additional Terms and Conditions from time to time. In that event, LiveArena will notify you of such changes within reasonable time before they come into force and make the new version of the Additional Terms and Conditions available on the Site.

    If you do not accept the amended Additional Terms and Conditions, you may terminate your subscription of the LiveArena Premium Services by giving notice to LiveArena/unsubscribing under your account settings. If you do not terminate your subscription before the new version of the Additional Terms and Conditions come into force, you are deemed to have accepted terms and conditions contained therein.

  4. SUBSCRIPTION FEE

    The subscription fee (the “Subscription Fee”) for the LiveArena Mobile Services is as set out in the subscription specifications on the Site. The Subscription Fee will be charged to in accordance with the payment method you have designated for your purchase. All prices stated on the Site are exclusive of VAT and other applicable taxes and fees.

  5. PUBLISHER ACCOUNT

    Only an organisation or another legal entity which is validly incorporated in the country where it carries on its activities may register as a publisher on the Site (a “Publisher”). As a Viewer, you may browse the Site and view the content herein in accordance with these Terms of Use, but not publish any material on the Site.

  6. INTELLECTUAL PROPERTY RIGHTS

    LiveArena Content is any type of material or content on the Site which is not Publisher Content (as defined below), including but not limited to text, data, graphics, logos, button icons, images, photos, audio clips and software. LiveArena (and its licensors, where applicable) shall exclusively own all right, title, and interest, including all related intellectual property rights, in and to the LiveArena Content.

    Publisher Content is any content, such as live video and metadata, published on the Site by a Publisher. The Publisher (and its licensors, where applicable) shall exclusively own all right, title, and interest, including all related intellectual property rights, in and to the LiveArena Content.

    You acknowledge that the LiveArena Content and Publisher Content on the Site may be protected by copyright or other intellectual property rights. Subject to your acceptance of these Terms of Use and the Privacy Policy, you may access use the Site, the Publisher Content and LiveArena Content on the Site to the extent permitted by these Terms of Use.

    LiveArena does not permit any activities on the Site or by using the LiveArena Premium Services that may infringe the copyright or other intellectual property rights or otherwise violate any rights of a third party. You may not modify, adapt, prepare derivative works based on, publish, transmit, perform, display, broadcast, distribute, sell, license or in any other way exploit the LiveArena Content or Publisher Content. If you suspect that any content on the Site may infringe the copyright or other intellectual property rights of a third party, or otherwise violate any rights of a third party, you shall notify LiveArena thereof without undue delay.

  7. SERVICE LEVELS

    LiveArena will use its commercially reasonable endeavours to ensure that the Site and the facilities thereon, including the LiveArena Premium Services, are available at all times and that any material or other content supplied by LiveArena on the Site is true, accurate and error free. However, LiveArena cannot guarantee this and provides no warranties unless expressly stated in these Additional Terms and Conditions.

  8. RESTRICTIONS OF USE

    You acknowledge and agree that you have sole responsibility for your activities on the Site, and shall abide by all applicable local, national, and foreign, laws, treaties and regulations in connection with you use of the Site, the LiveArena Content and Publisher Content.

    Subject to your acceptance of these Terms of Use and the Privacy Policy, LiveArena grants to you the right to access and use the Site, the LiveArena Content and Publisher Content and to the extent permitted by these Terms of Use. You acknowledge and agree that your failure to comply with these Terms of Use or the Privacy Policy when you access and use the Site, the LiveArena Content and Publisher Content constitutes a breach of your agreement with LiveArena.

    When you access and use the Site, the LiveArena Content and Publisher Content, you undertake not to: (i) spread, in whole or in part, any LiveArena Content or Publisher Content in any medium without the prior written consent of LiveArena or the relevant Publisher, (ii) change or modify any part of the Site, the LiveArena Content or Publisher Content, (iii) gain access to any content on the Site by using any other technology or means than those used on the Site or otherwise approved by LiveArena, (iv) attempt to circumvent, deactivate or in any other manner try to interfere with any security functions on the Site, or functions which prevent or limits the use of any content on the Site, or which limits the use of the Site, the LiveArena Content or Publisher Content, (v) use the Site, the LiveArena Content and Publisher Content for any commercial purposes, including but not limited to selling access to the Site or any content on the Site, or soliciting Publisher’s or other users of the Site (vi) access any content on the Site for anything other than your own personal, non-commercial use as intended and allowed by the normal functionality of the Site, (vii) harvest or otherwise collect information about others, including email addresses, without their consent, (viii) attempt to gain unauthorised access to the service, other accounts, computer systems or networks connected to the service, through password mining or other means, (ix) spread any viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs on the Site, and (xii) interfere with another user’s use and enjoyment of the Site.

    The Site is only intended to be used for streaming video, which is a simultaneous digital transmission of the content from the Site via the Internet to the Viewers. You may thus not download (temporarily or permanently), copy, reproduce, store, transmit, show, sell, license, redistribute, or any other way exploit any LiveArena Content or Publisher Content, without the prior written consent of LiveArena or the relevant Publisher.

    You acknowledge and agree that you have sole responsibility, and that LiveArena does not have any responsibility towards you or any third party, for any violations of your obligations under these Terms of Use and the consequences (including loss or damage incurred for LiveArena) by such violations.

  9. PRIVACY POLICY

    LiveArena’s Privacy Policy contains information on LiveArenas processing of personal data and the use of cookies on the Site. The Privacy Policy is incorporated in these Terms of Use by reference. The current Privacy Policy can be accessed on the Site at all times. It is your responsibility to read the Privacy Policy and to contact LiveArena if you have any questions about the terms and conditions contained therein.

  10. LIMITATION OF LIABILITY

    Use of the Site and the facilities thereon, including the LiveArena Premium Services and any LiveArena Content or information obtained from the Site is at your own risk. LiveArena hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, express or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, LiveArena shall not be responsible for the failure of performance of this Site and/or the software used thereon or obtained there from; the loss of data or services resulting from delays, non-deliveries, mis-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Site, save that liability for death or personal injury is not excluded.

    LiveArena is not responsible, in any manner, for the Publisher Content or the Publishers’ use of the Site and the LiveArena Premium Services. All such content, whether expressed as opinions, statements, recommendations or otherwise, are those of the Publishers and not those of LiveArena.

    This Site may be linked to or from other websites that are not maintained by LiveArena. LiveArena does not control in any respect any information, products or services offered by such other sites and shall not be responsible for the content of such other websites. LiveArena assumes no liability, obligation or responsibility for any part of any transaction, dealing, correspondence or participation by you with any third parties.

  11. INDEMNIFICATION

    You agree to indemnify and hold LiveArena harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Publisher Content infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your warranties; or (iii) a claim arising from your breach of these Additional Terms and Conditions.

  12. TERMINATION

    You may terminate your subscription of the LiveArena Premium Services at any time. You terminate your subscription by notifying LiveArena or unsubscribing under your account settings. Paid subscription fees are not reimbursed or refunded.

    LiveArena shall be entitled to terminate your subscription if you have not fulfilled a payment obligation to LiveArena, despite one reminder thereof which expressly states that default in payment may result in termination of you subscription.

    LiveArena shall be entitled terminate your subscription if LiveArena ceases to provide the Site, the LiveArena Premium Services or any other services in connection thereto. Such termination will be effective after six months of LiveArena’s notice thereof.

    LiveArena may at any time terminate this agreement if: (i) you have violated these Terms of Use, or (ii) LiveArena is obliged to terminate the agreement under applicable law (i.e. if the provision of the Site, the LiveArena Content or Publisher Content to you becomes unlawful).

    Sections 6, 10, 11 and 14 shall survive termination of your subscription.

  13. MISCELLANEOUS

    You may not assign your Account or any of your rights and obligations in accordance with these Additional Term and Conditions to a third party, without the prior written consent of LiveArena.

    If any provision of these Additional Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

    LiveArena’s failure to exercise or enforce any right or provision of these Additional Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LiveArena in writing.

    If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

    LiveArena’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LiveArena in writing.

  14. GOVERNING LAW AND DISPUTE RESOLUTION

    These Additional Terms and Conditions shall be governed by and construed in accordance with the laws of Sweden, with the exception of its conflicts of law rules.

    Any dispute, controversy or claim arising out of or in connection with these Additional Terms and Conditions, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).

    The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

    The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.