LIVEARENA® TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO THE SITE AND THE LIVEARENA SERVICES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MY STATION AB.

1. INTRODUCTION

   These terms and conditions (the “Terms and Conditions”) and the privacy provisions contained herein apply to this website, accessible at www.livearena.com (the “Site”), where Publishers (as defined below) can publish live video to be viewed by people worldwide in accordance with the terms of use for the Site (the “LiveArena Services”).

The Site and the LiveArena Services are operated by My Station AB, registration number 556747-5172, Box 5207, 102 45 Stockholm, Sweden, e-mail: info@mystation.se (“My Station”).

2. DEFINITIONS

   In these Terms and Conditions:

   “Account Administrator” means the individual registering the Publisher on the Site on behalf of the Publisher, in accordance with these Terms and Conditions. The Account Administrator is an authorised representative of the Publisher and primarily responsible for maintaining the Publisher’s account on the Site.

   “Account Holder(s)” means any other individual than the Account Administrator, who is an authorised representative of the Publisher, and is given access to the Publisher’s account on the Site in accordance with these Terms and Conditions.

   “Agreement” means these Terms and Conditions.

   “Publisher” means an organisation or other legal entity, which is validly incorporated under the laws of the country where it carries on its activities and has a valid web site. The Publisher is registered on the Site by the Account Administrator, and represented by the Account Administrator or Account Holders when using the Site and the LiveArena Services.

   “Terms of Use” means the terms and conditions which apply to a Viewer who visits the Site and views Publisher Content.

   “Viewer” means an individual in any country in the world, who visits the Site and can view the Publisher Content (as defined in clause 4.2) in accordance with the Terms of Use.

   The terms “you” and “your” refer to the Publisher, Account Administrator and/or any Account Holders, as appropriate. The Publisher, Account Administrator and any Account Holders are jointly and severally liable for any activities in connection with or content published through the Publisher’s account. My Station can address a claim based on these Terms and Conditions towards any of the Publisher, Account Administrator or any Account Holders, regardless of who is ultimately responsible for the acts or omissions which constituted such claim.

3. ACCOUNT REGISTRATION

   3.1     Eligibility

   Only organisations or other legal entities, which are validly incorporated under the laws of the country where it carries on its activities and has a valid web site, may register as Publishers on the Site.

   You must be at least 18 years of age in order to register a Publisher, use the Site and the LiveArena Services. By accepting these Term and Conditions, you warrant that you are at least 18 years of age, and are fully capable and competent to accept and enter into the terms, conditions, obligations and warranties set forth in these Terms and Conditions.

   3.2     Acceptance of Terms

   By registering a Publisher or using the Publisher’s account on the Site, you agree to be bound by these Terms and Conditions and My Station’s privacy policy contained herein.

   Your acceptance of these Terms and Conditions includes any updates and/or amendments to these Terms and Conditions made in accordance with section 3.5.

   3.3     Account Administrator’s Responsibility

   If you agree to these Terms and Conditions on behalf of a Publisher, you warrant that you have the authority to bind the Publisher to these Terms and Conditions. Your agreement to these Terms and Conditions will thus be treated as the agreement of the Publisher.

   The Account Administrator, as an individual, will become personally liable towards My Station if the Account Administrator proves not to have the authority or power to bind the Publisher to these Terms and Conditions, or if these Terms and Conditions for any other reason cannot be legally enforced towards the Publisher.

   The Account Administrator, as an individual, will also become personally liable towards My Station for the acts or omissions of any Account Holders, in case the Publisher or the Account Holders for any reason cannot be held liable towards My Station in accordance with these Terms and Conditions.

   3.4     Additional Terms and Conditions

   Certain areas or features of the Site and the LiveArena Services may be subject to additional terms and conditions and/or payment. If there is a conflict between these Terms and Conditions and any such additional terms and conditions, the latter shall take precedence as for your access to such areas or features of the Site and the LiveArena Services.

   3.5     Changes to Terms and Conditions

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

   If you do not accept the amended Terms and Conditions, you may terminate this Agreement by terminating your account on the Site. If you do not terminate this Agreement by terminating your account before the new version of the Terms and Conditions come into force, you are deemed to have accepted terms and conditions contained therein.

4. INTELLECTUAL PROPERTY RIGHTS

   4.1     My Station Content

   My Station 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. My Station (and its licensors, where applicable) shall exclusively own all right, title, and interest, including all related intellectual property rights, in and to the My Station Content.

   Subject to your acceptance of these Terms and Conditions, you may access and use the Site, the LiveArena Services and any My Station Content in connection therewith. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary notices incorporated in or accompanying the Site, the LiveArena Services, any My Station Content or related product and services. Further, 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 Site, the LiveArena Services or My Station Content, except as expressly authorised by these Terms and Conditions.

   4.2     Publisher Content

   Any content published by you on the Site (“Publisher Content”), such as live video and metadata, remains your property.

   My Station is granted a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to publish, transmit, publicly perform and display the Publisher Content. My Station may also modify the Publisher Content to the extent necessary to exploit this license. By publishing Publisher Content on the Site, you also permit the Viewers to access and view the Publisher Content in accordance with the Terms of Use. You acknowledge and agree that by publishing Publisher Content on the Site, such content is available for anyone to view.

   4.3     No Unauthorised Use

   My Station does not permit any activities on the Site or by using the LiveArena Services that may infringe the copyright or other intellectual property rights or otherwise violate any rights of a third party.

   By accepting these Terms and Conditions, you warrant that the Publisher Content does not infringe the copyright or other intellectual property rights or otherwise violate any rights of a third party.

   4.4     My Station’s Monitoring Rights

   My Station has the right to monitor the Publisher Content and to, without any prior notice, edit, delete or remove any Publisher Content that it deems inappropriate or otherwise in violation of these Terms and Conditions.

   My Station will remove any Publisher Content if notified that such Publisher Content infringes or is likely to infringe any third party’s copyright or other intellectual property rights or violate any other rights of a third party. My Station reserves the right to remove any Publisher Content after such notification without prior notice.

5. SERVICE LEVELS

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

6. YOUR RESPONSIBILITIES

   You acknowledge and agree that you are responsible for all content and activities occurring under the Publisher’s account or in connection with your broadcasting on the Site or any other use of the LiveArena Services, and shall abide by all applicable local, national, and foreign, laws, treaties and regulations in connection with you use of the Site and the LiveArena Services, including those related to data privacy, international communications, and the transmission of technical or personal data.

   You shall: (i) notify My Station immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to My Station immediately and use reasonable efforts to stop immediately any broadcasting of content that is known or suspected by you or a third party to contain Inappropriate Content (as defined below); and (iii) report to My Station immediately and use reasonable efforts to stop immediately any broadcasting of content that is known or suspected by you or a third party to infringe any intellectual property rights or violate any other rights of a third party.

   You will obtain a password to the Publisher’s account on the Site. You may not disclose your password to any third party. You have sole responsibility for keeping the password to the Publisher’s account secret and for any unauthorized access to or use of the Publisher’s account. If you lose your password or have any reason to suspect that an unauthorised person has gained access to the Publisher’s account, you must inform My Station about this without undue delay.

7. RESTRICTIONS OF USE

   You are not allowed to use the Site or the LiveArena Services (i) in connection with chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), (ii) to harvest or otherwise collect information about others, including email addresses, without their consent, (iii) to create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; to transmit Inappropriate Content (as defined below), (iv) to transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs, (v) to attempt to gain unauthorised access to the service, other accounts, computer systems or networks connected to the service, through password mining or other means, or (vi) to interfere with another user’s use and enjoyment of the service or another entity’s use and enjoyment of similar services.

   Inappropriate Content includes all language, comments, remarks and images which in My Station’s sole and absolute discretion is obscene, abusive, unlawful, racial, defamatory, harassing, includes nudity or which infringes upon the rights of others or which restricts or inhibits other users from using or enjoying the Site or the LiveArena Services. Further, it also includes any political or religious messages.

   You acknowledge and respect that the Site and the LiveArena Services are free from advertisement, sponsoring or any other marketing activities. Thus, you may not publish, directly or indirectly, any advertisement, sponsoring or any other marketing activities on the Site and warrant that the Publisher Content is free from advertisement, sponsoring or any other marketing activities.

   Further, you may not use the Site or LiveArena Services for any of the following commercial purposes without My Stations prior written approval: (i) sale of access to the Site or the LiveArena Services, (ii) sale of advertisement space, sponsoring or marketing space on the Site or in connection with the LiveArena Services, or (iii) sale of advertisement space, sponsoring or marketing space in or in connection with the Publisher Content.

8. PERSONAL DATA

   The Publisher is the data controller and My Station is the data processor in relation to any personal data provided or submitted by you on the Site or when using the LiveArena Services (“Personal Data”). All Personal Data will at all times be stored within the EU. This clause shall constitute the data processing agreement between My Station and the Publisher. In case where this is insufficient under applicable law, the Publisher is responsible for providing a complete and accurate data processing agreement not more burdensome for My Station than the provisions contained herein.

   My Station shall implement and maintain appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

   My Station shall process Personal Data on behalf of the Publisher in accordance with the instructions in these Terms and Conditions. The Publisher may at any time give further instructions to My Station on such processing of Personal Data, for which My Station will charge consultancy fees in accordance with My Station’s current consultancy price list.

   In the event that My Station makes use of sub-contractors who process personal data, My Station shall, on behalf of and as a proxy for the Publisher, sign an agreement with the sub-contractor according to which the sub-contractor undertakes, as a personal data assistant to the Publisher, to comply with the provisions of this clause 8.

   The Publisher shall fully indemnify My Station in relation to any breaches of applicable data protection law; however, provided that My Station has not deviated from any written instructions provided by the Publisher and that the deviation is the direct source of the breach.

   In case My Station, under applicable law, is obligated to store personal data, or other categories of data, for a certain period in time, the Publisher is responsible for acquiring an informed consent from the registered individuals.

9. LIMITATION OF LIABILITY

   Your use of the Site and the facilities thereon, including the LiveArena Services, My Station Content or any information obtained from the Site, is at your own risk. My Station 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, My Station 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.

   In relation to the Publisher Content, My Station shall not be responsible for any such content published by you on the Site or otherwise when using the LiveArena Services. All such content, whether expressed as opinions, statements, recommendations or otherwise, are those of the Publisher, Account Administrator or any Account Holders, and not those of My Station. This Site may be linked to or from other websites that are not maintained by My Station. My Station 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. My Station assumes no liability, obligation or responsibility for any part of any transaction, dealing, correspondence or participation by you with any third parties.

10. INDEMNIFICATION

    You agree to indemnify and hold My Station harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including 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 Terms and Conditions.

11. TERMINATION

    You may terminate this Agreement or end the use of the Site and the LiveArena Services at any time. You terminate this Agreement by terminating the Publisher’s account. Paid fees and charges, where applicable, are not reimbursed or refunded.

    My Station shall be entitled to terminate this Agreement and your Account if you have not fulfilled a payment obligation to My Station, despite one reminder thereof which expressly states that default in payment may result in termination of this Agreement and the Publisher’s account.

    My Station shall be entitled terminate this Agreement and the Publisher’s account if My Station ceases to provide the Site, the LiveArena Services or any other services in connection thereto. Such termination will be effective after six months of My Station’s notice thereof.

    My Station may terminate this Agreement and the Publisher’s account with immediate effect in case of a material breach by you of these Terms and Conditions.

    My Station shall have no obligation to store or maintain any Publisher Content or to forward such content to you or any third party upon termination of this Agreement and your Account.

    Sections 4, 9, 10 and 13 shall survive termination of this Agreement.

12. MISCELLANEOUS

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

    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.

    My Station’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 My Station in writing.

13. GOVERNING LAW AND DISPUTE RESOLUTION

    These 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 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.