mydebaser Terms of Use and Privacy Policy

Acceptance of Terms and Conditions

  1. You acknowledge and agree that the following Terms of Use constitute a legally binding agreement (hereinafter the “Agreement”) between you (hereinafter the “USER”) and mydebaser, a wholly owned service of Debaser Restaurang AB, Stockholm, Sweden (hereinafter “MYDEBASER”) in relation to your use of MYDEBASER’s Internet platform at mydebaser.com (hereinafter “Website”) and any services that MYDEBASER provides (hereinafter “Services”). You represent and warrant to MYDEBASER that you have read and understood the Terms of Use, and that you have the legal capacity to enter into this Agreement. (These Terms of Use are not valid for general service information provided by Debaser Restaurang AB on debaser.se.)
  2. MYDEBASER reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is noted at the end of the Terms of Use. It is the USER’s responsibility to check the Terms of Use from time to time for updates.
  3. If these Terms of Use are changed to the disadvantage of the USER, MYDEBASER will notify USER and the revised Terms of Use will become effective within four (4) weeks after such notification, unless User terminates his/her account in writing. If USER does not agree to the revised Terms of Use, USER’s may also immediately cancel his/her USER account and stop using MYDEBASER’s Website and Services.
  4. In the future, MYDEBASER may release new services and/or features including the release of new tools and resources on its Website. Such new features or services shall also be subject to the present Terms of Use as well as any additional Terms of Use that MYDEBASER may release for those new features or services.

Description of Service

  1. MYDEBASER is a hosting service provider providing USER with an Internet platform, electronic tools, applications features and services enabling USER to share and discover music and other media content with other users of MYDEBASER’s Website and Services.
  2. MYDEBASER’s Website and Services are provided on an “as is” and “as available” basis. USER acknowledges to use MYDEBASER’s Website and Services at own risk.

User Account

  1. When USER registers for MYDEBASER’s Services, USER may choose a username and password and will receive a user account from MYDEBASER. The USER is solely responsible for maintaining the confidentiality and security of his/her username, password and account, and shall be responsible for all uses of his/her username and password, whether or not authorized by USER.
  2. USER shall be liable for all activities and transactions occurring under USER’s account.
  3. USER shall notify MYDEBASER immediately in writing of any unauthorized use of USER’s account including, without limitation, unauthorized use of USER’s password and/or username, or any other breach of confidentiality or data security.
  4. It is strictly prohibited to make use of any electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on MYDEBASER’s Website or Services, regardless of the purpose and/or configuration and/or mode of operation of such electronic tools. This does not include any legitimate means employed solely for using and connecting the MYDEBASER Application Programming Interface (“API”).
  5. MYDEBASER may disallow or remove certain usernames and may, with or without prior notice, close USER’s account if and when activities occur on that account which constitute, at MYDEBASER’s reasonable discretion, a violation of the present Terms of Use and/or an infringement of other applicable laws and regulations or third party rights.
  6. USER can cancel his/her account at any time in the profile settings/user account. USER is solely responsible for cancelling his/her account properly. A telephone request or email from USER to cancel the account will not be considered a proper cancellation. Upon cancellation of USER’s account, any and all music, videos, photos, pictures, graphics, comments, communications and other content, data or information of USER will be irretrievably deleted by MYDEBASER, with the exception of such data MYDEBASER may be obligated to store for a certain period of time in accordance with applicable laws and regulations.

User Generated Content

  1. Any and all music, videos, photos, pictures, graphics, comments, and other content, data or information that USER uploads, stores, transmits or submits to MYDEBASER (hereinafter "Content") are generated by the USER, but not by MYDEBASER. USER’s Content therefore remains in USER’s sole property and responsibility.
  2. MYDEBASER does not claim any ownership rights in any Content and other materials which USER uploads, posts, stores or exchanges through MYDEBASER’s Website and Services.
  3. USER hereby expressly acknowledges and agrees that USER him-/herself, and not MYDEBASER, is fully responsible for all Content that USER uploads, posts, e-mails, transmits or otherwise makes available through MYDEBASER’s Website or Services.
  4. USER acknowledges that Content uploaded to, or transmitted through MYDEBASER’s Website or Services may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. USER must not upload, display, send, transmit or otherwise make available any Content in which USER does not have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works by USER may constitute an infringement of the copyright holders' rights and may result in civil litigation and criminal prosecution.

Representations and Warranties

USER represents and warrants to MYDEBASER that:

  1. USER’s Content shall be true, accurate, current, complete and not misleading;
  2. USER’s Content shall not violate the rights of any third party, including, but not limited to, copyrights, trademark rights and/or any other intellectual property rights;
  3. USER’s Content shall not create any liability for MYDEBASER or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;
  4. USER’s Content is an original work by USER and/or USER has all necessary rights, licenses, consents and permissions to use, and to authorize MYDEBASER to use, any and all copyrights, performance rights or other intellectual property rights in and to USER’s Content in order to use the Content on MYDEBASER’s Website and Services;
  5. USER has any and all necessary consent, permission or release of any and all persons identifiable in the Content to use the name, photo, picture and likeness of those persons on MYDEBASER’s Website and Services.

No Liability for Content

  1. USER acknowledges that MYDEBASER, by providing the USER with the ability to view and distribute user-generated Content, is merely acting as a passive conduit (hosting service provider) for the distribution of such Content, and that MYDEBASER, to the extent permissible by law, does not undertake any obligation or liability relating to the Content or to the USERS' activities.
  2. USER acknowledges and agrees that MYDEBASER cannot and does not generally review the Content created or uploaded by USER. USER acknowledges and agrees that MYDEBASER and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to generally monitor the Website for inappropriate Content.
  3. MYDEBASER and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content of MYDEBASER’s Website and Services, including, but not limited to, claims for libel, slander, defamation, invasion of privacy and publicity rights, pornography, obscenity, fraud, or misrepresentation.
  4. MYDEBASER reserves the right to block, remove or delete any Content, communications, postings, and/or other data or information if MYDEBASER, in its own sole and unfettered discretion, has reason to believe that such Content and/or other data or information may infringe the rights of a third party, and in particular if MYDEBASER deems such Content and/or other data to be
    1. 4.1misleading, fraudulent, or deceptive; or
    2. 4.2defamatory, abusive, or obscene; or
    3. 4.3possibly in violation of a copyright, trademark, patent, trade secret, or other intellectual property right; or
    4. 4.4is of too low recording quality or not representing MYDEBASER´s music profile; or
    5. 4.5possibly in violation of any applicable law or regulation; or
    6. 4.6 otherwise unacceptable.
  5. MYDEBASER will terminate a user's access to its Services if, under appropriate circumstances, the user is determined to be a repeat infringer. A user is considered a repeat infringer if MYDEBASER receives more than three (3) legitimate infringement notices for such user’s account or in any other reasonable case.

Grant of License

MYDEBASER does not have any ownership rights in USER’s Content. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license MYDEBASER requires so that it can perform the Service for its users:

  1. By posting Content to the Website, to the extent required to enable the performance of the Services, USER grants MYDEBASER and its successors and assigns and other users of the MYDEBASER Services a limited worldwide, non-exclusive, royalty-free, fully paid up, license to use, copy, transmit or otherwise distribute, publicly perform, digitally perform, publicly display, and/or otherwise make USER’s Content available to other users of MYDEBASER’s Website and Services.
  2. This license does not grant MYDEBASER the right to sell USER’s Content or otherwise distribute it outside of MYDEBASER's Website or Services, provided however, that streaming of Content on third party Websites via embedded widgets or the MYDEBASER API or similar tools (“Linked Services”) shall not be deemed a distribution outside of MYDEBASER’s Website or Service.
  3. The license granted under Subsections 1 to 2 will terminate after USER removes the Content from the Website. Notwithstanding the foregoing, USER understands and agrees that once Content is distributed to a Linked Service, MYDEBASER is not obligated to delete or ask other users or a Linked Service to delete that Content, and therefore that Content may continue to appear and be used indefinitely.

Indemnification

USER agrees to indemnify, defend and hold harmless MYDEBASER, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, suppliers, other users and their officers, directors and employees from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

  1. any violation of the present Terms of Use;
  2. any use of USER’s Content by MYDEBASER itself (if any), or by MYDEBASER’s other users or by any other person or third party under these terms of use, including, but not limited to, any third party claim of infringement of a copyright or other intellectual property right or invasion of privacy;
  3. any activity related to USER’s account, be it by USER him-/herself, or by any other person accessing USER’s account.

No Liability for Links, Third Party Websites and Services

  1. MYDEBASER’s Website and Services may contain features and functionalities that may link USER to, or provide USER with certain functionalities and access to, third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Websites”).
  2. MYDEBASER does not have any control over those External Websites, and is not responsible for their content or their use. By linking to an External Website, MYDEBASER does not represent or imply that it endorses such website, its content or any other information and/or material contained therein.
  3. USER is solely responsible for his/her dealings with any third party related to the External Website, including the delivery of and payment for goods and services. USER should make whatever investigation he/she feels necessary or useful before proceeding with any online or offline transaction with any third party related to External Websites. The USER is solely responsible for taking precautions as necessary or useful to protect him-/herself from fraud etc., and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material on External Websites.
  4. MYDEBASER disclaims any responsibility for any harm resulting from USER’s accessing External Websites, and USER irrevocably waives any claim against MYDEBASER with respect to such sites and third-party content.

Waiver of Claims

USER irrevocably waives the right to assert any claim against MYDEBASER or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders in relation to the Content generated, uploaded, transmitted or otherwise used on MYDEBASER’s Website or Services, including, but not limited to, copyright, trademark, unfair competition, invasion of privacy, breach of contract or breach of confidentiality.

Procedure in Case of Alleged Rights Infringements

General Procedure

  1. MYDEBASER encourages USER to notify MYDEBASER of any Content that USER believes to be in violation of copyright, trademark, any other intellectual property rights, or any other applicable law, or of any Content that contains undesirable texts or images of, or links or references to, pornography, violence, racism, or content that is otherwise discriminatory or objectionable.
  2. In case USER believes that his/her Content has been used by other users of MYDEBASER’s Website in a way that constitutes copyright infringement, or a violation of other intellectual property rights, please flag the Content you think is infringing using the "Report this track" button and provide MYDEBASER with the following information in writing via email to info@MYDEBASER.com or via postal mail to MYDEBASER, Storgatan 28, 114 55 Stockholm, Sweden.
    1. 2.1a specific description of the relevant work protected by copyright or other intellectual property right (hereinafter the “Work”), and where the Work is located on MYDEBASER;
    2. 2.2 comprehensive evidence that USER claiming the infringement is the owner of the Work and all copyrights or intellectual property rights in and to the Work, or alternately, that USER is fully authorized to act on behalf of the owner of the Work and all related rights;
    3. 2.3 a detailed explanation of the facts and circumstances that constitute the alleged copyright infringement or violation of other intellectual property right; and
    4. 2.4 USER’s full name, postal address, telephone number and email address.

For Infringement Notices from Copyright Owners in the United States, see below.

MYDEBASER Privacy Policy

This Privacy Policy (“Privacy Policy”) explains the collection, use and disclosure of your personally identifiable information (“PII”) by MYDEBASER Ltd. (“MYDEBASER”) in relation to your use of MYDEBASER’s Internet platform at www.MYDEBASER.com (hereinafter “Website”) and any services that MYDEBASER provides through this Website (hereinafter “Services”).

When we use the term personally identifiable information (“PII”) in this Privacy Policy, we mean information that would allow someone to identify you, such as your name, address, location or email address.

You decide which personal information you provide to MYDEBASER. MYDEBASER is fully committed to respecting your privacy, protecting the information you provide to us and to complying with the applicable data protection laws and regulations.

1. What kind of PII do we collect?

You can visit our Website and use some of our Services without registering and providing any personal data. In the following instances, MYDEBASER may collect PII you provide:

(a) When you register to establish a user account for our Service on our Website, you provide your email address and may also provide additional information, e.g. a pseudonym or your real name, your location, information on how you use music, the URL of your website and information regarding other music services you are using, e.g. your MySpace URL. You may also upload a picture of yourself or another image as an avatar/profile picture on your profile. You may change or delete this information at any time under “Settings” in your account.

(b) When you send us an email, you provide your email address and may also provide additional PII.

(c) When you participate in our forums or blogs, you may provide PII.

2. What do we do with your PII?

(a) Registered Users. When you register to obtain a user account on our Website (“Registered User”), we ask you to provide your email address to create your account and establish a password and profile. Providing your email address will allow us to send you your password if you should forget it. We will also use that PII to establish and maintain your account (e.g. to send you important information about Service updates or customer surveys) and provide you with the features we provide for Registered Users.

(b) Public Page. Registered Users on the Website are automatically provided with a public page where you may post PII for public viewing. You are not required to post PII or any other information or content on this page, but may post it in your own sole discretion (although any information posted remains subject to MYDEBASER’s Terms of Use). Please note that the information you publish on your public page becomes public information that can be viewed by others and that the data shown on the Website including PII you provide in your public profile can be accessed through the Internet (directly on our Website or through MYDEBASER’s Application Programming Interface) and thus worldwide.

(c) Emails, Newsletters and Notifications. We use the PII you provide to us when you send us emails to respond to your request, for example to reply to your email. We also use your PII when you sign up as a Registered User to use our Services in order to send you notifications relating to your account.

3. Does MYDEBASER disclose or share your PII?

As far as MYDEBASER works together with contractors and service providers to deliver the Services, your PII will be accessible to such third parties only if and in so far as this is necessary for technical administration and maintenance of the Services. MYDEBASER may disclose your PII to third parties if you explicitly consent to it and if and, as MYDEBASER is required to do so by applicable law.

4. How do we protect and secure the PII you provide on our Website?

MYDEBASER has implemented a variety of measures to protect against unauthorized access to and unlawful interception or processing of PII that MYDEBASER stores and controls. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications.

5. Data Usage Policy: Non-Personal Browsing and Site Usage Information

Our Data Usage Policy covers how we maintain and use information about you that is collected by our Website and server logs.

(a) Non-Personal Browsing Information We Collect. When you use the Website, our servers (which are hosted by a third party service provider) may collect anonymous information indirectly and automatically about your activities while visiting the Website and information about the browser you are using solely for the purposes stated below.

(b) Use of Non-Personal Browsing Information We Collect. We do not link browsing information or information from our server logs to the personal information you submit to us. We use this information for internal purposes only, such as to help understand how the Website is being used, to improve our Website and the features we provide, and for systems administration purposes. We may use a third party analytics provider to help us collect and analyze non-personal browsing information through operation of our Website for those same purposes

(c) Google Analytics. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your truncated IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using the Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

(d) Cookies. We use cookies to help you use the Services and to collect data that we can use to improve the efficiency and quality of our Service. We use these cookies to identify you as a valid user and to help personalize your MYDEBASER experience in conjunction with your profile. We currently employ non-persistent session cookies and persistent cookies, which stay on your computer after you have gone offline. Persistent cookies remain in the “cookies” folder after you have closed your web browser. Most browsers have cookies turned on as a default, but you can always disable cookies or only allow non-persistent session cookies via your browser preferences. If you choose to disable cookies, however, you will not be able enjoy a significant proportion of MYDEBASER’s functionality. Please remember that a cookie set by MYDEBASER stays at MYDEBASER. Cookies cannot read your hard drive or give any information collected to any third party.

6. Third-Party Sites

The Websites may include links to other websites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites. You should consult the respective privacy policies of these third-party sites.

7. Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will also revise the Effective Date below. Any changes to our Privacy Policy will always be available here on our homepage so that our visitors are always aware of what information we gather, how we might use that information, and whether we will disclose it to third parties

8. Questions?

If you have questions about this Privacy Policy, want to suggest changes to this Privacy Policy or want to know, which PII we store about you, please contact us by email at info@mydebaser.com.

Effective Date: June 20, 2011