v20180516

Terms of Service

1. General

Solidtango AB, 556671-5586 ("Solidtango") provides an Online Video Platform (the "OVP") for streaming video over the Internet as well as any additional services. The platform is available to legal persons and other organizations or groups who want to use the Solidtango online video platform (the "Customer"). These Terms of Service covers uploading, management, publishing, payments and distribution of media through the Solidtango OVP.

2. Application

The OVP is designed for legal persons and other organizations or associations which, by agreement with Solidtango, the Customer can publish video, audio, text and images (“digital content”) through the OVP. These Terms of Service covers the conditions under which digital content can be uploaded, managed, published and distributed through the OVP. The OVP is utilized in the form of a subscription on a twelve (12) month duration (the "Subscription"). The Subscription begins when the Customer orders an account in the OVP. Other contract lengths and a special Subscription can be configured with specific conditions and then specified in a separate agreement.

3. Digital content

The Terms of Service include digital content in the form of video, audio, text, images (the "Digital Content") as well as links to digital content.

4. Responsibility for Digital Content

The Customer is responsible for all their own material, and that the exercise of the Subscription is in accordance with good journalistic practice and in accordance with Swedish and international copyright laws and other applicable legislations. The Customer is responsible for employees or other by the Customer approved Users to use the Subscription. Should it come to the Customer's attention that someone in the Customer's sphere of control is in violation of these Terms of Service, the Customer is obliged to immediately take corrective action and inform Solidtango of the breach. The Customer is responsible for the digital content stored and distributed through the Customer's use of the OVP is not infringing third party rights or otherwise is in conflict with the prevailing legislation. The customer is aware that the use of the OVP by illegal means, such as by distributing child pornography, engage in hate speech or to infringe another person's copyright, can lead to criminal liability and the liability of the Customer. Solidtango In such cases, if it can reasonably be assumed that the digital content violates any law, the right to immediately terminate the provision of the OVP.

Customers may not use the OVP in such way that Solidtango or its partners could risk claims. Customer is responsible for all claims by third parties that may be made against Solidtango and its partners on the basis of digital content that has been spread by the Customer’s OVP. The Customer is responsible for any necessary permissions to distribute, receive, copy and store materials and/or information about the User who will use the Customer’s OVP.

5. The right to delete information and disable the Customer

Solidtango has the right to suspend the availability or remove all or part of the Customer's Digital Content if there is a suspicion that the Customer is in violations of the Terms of Service. Solidtango also has the right to suspend or terminate Customer's access to the OVP if Solidtango believes that the Customer does not comply with these Terms of Service.

If Solidtango suspects that the Customer is violating any laws using the OVP and could be guilty of any crimes, a police report will be filed.

6. Subscriptions

The OVP is utilized through subscriptions that run, unless otherwise stated, on a twelve (12) month contract term with automatic renewal with twelve (12) months at a time, if cancellation is not received by Solidtango no later than ninety (90) days prior to the end of the contract term. The Customer agrees to pay the current price for the selected subscription and any services connected to this. The price may be subject to change according to paragraph 13. All subscriptions and additional services are paid regularly on a period of thirty (30) days, unless otherwise agreed, until the customer cancels the subscription and contract term. Customers may choose to upgrade their subscription, or purchase additional services at any time during the term. The upgrade is performed by logging on to the Customer's account on Solidtango OVP, or through a separate contract. The new subscription will take effect immediately and replaces the previous subscription, the contract term is not affected by the upgrade, unless specified in a separate contract. All prices are excluding VAT.

Payments for Subscriptions and additional services is made via invoice by email, and charged from the start date of the Subscription. If you want your invoice in some other way, you must notify Solidtango regarding invoice delivery. All prices are charged according to the current price list. If payment is overdue, Solidtango has the right to charge interest on overdue amounts under the Agreement, a late payment fee and, where applicable, a collection fee.

7. Storage and viewing hours

Each subscription includes storage and viewing hours. What's included varies depending on which type of subscription that the customer has chosen.

8. Pay Per View

Solidtango offers a Pay-Per-View solution ("PPV solution") that gives the Customer the ability to charge viewers for access to its digital content. This legal notice applies to the PPV solution as well as other use of the OVP. With the limitation of a minimum price of twenty-nine (29) SEK including VAT, the Customer can establish what price the viewer pays for access to the digital content that the Customer provides through the OVP. The percentage of the price paid to the Customer is based on the Subscription that the Customer is on at the time of purchase.

The Customer sends an invoice to Solidtango with the revenues generated via the PPV solution. The minimum amount to invoice is five hundred (500) SEK including VAT. Payment terms is thirty (30) days. When the invoice is set out to Solidtango, it should include VAT, which also needs to be specified on the invoice. If the customer is not registered for VAT, the invoiced amount should be excluding VAT. It is the Customer's responsibility to provide their Customer ID so that the invoice can be matched against the Customer’s Subscription with Solidtango. The customer is obliged to invoice Solidtango for the outstanding amount no later than ninety (90) days after the transaction has taken place otherwise the customer loses the right to his share of the PPV revenue.

The Customers’ are responsible for any support towards the viewer in the delivery of the PPV solution. The Customer may not provide the PPV solution with obscene, defamatory, racist, discriminatory, unethical, or otherwise illegal content. Solidtango reserves the right to determine whether certain digital content is not suited to be provided through the PPV solution.

Solidtango have the right, without liability to the Customer, to terminate the Customer's account if the Customer repeatedly infringe or violate the substantial regulations of the Terms of Service. Solidtango is also entitled to a refund of payments already paid to the Customer if it is found that the Customer has accepted payment by fraud or other dishonest or criminal method.

In case of a failure to deliver or if the viewer has failed to take part of the content, the Customer may offer the viewer a voucher code ("Voucher"). The Voucher can be used in the purchase of other PPV content from the Customer. The Price to create a Voucher equals the amount specified in the current price list. Any refund to the viewer will only be made in exceptional cases, and Solidtango reserves the right to claim compensation from the Customer, equivalent to the additional costs for the refund to the viewer.

9. Agreement Period and Termination

The service starts either when the customer, via Solidtango OVP activates the subscription, or on the start date agreed upon in a seperate contract, and will continue until the contract end date for the subscription (or, if such date is not specified, a month after the start date). Unless either party provided written notice to the other party no later than 90 calendar days before the expiry of the initial period (or the end of any subsequent period of renewal made under this paragraph), the term of the agreement (unless otherwise agreed) immediately and automatically (without notice) extended by a period equal to the initial period. If the initial period was a free trial period, the service will automatically be downgraded to the subscription type "Start" at the end of the trial period. If the Customer wishes to cancel the account before the end of the contract term, this must be stated in the termination.

The subscription will be terminated either when the end date of the contract term is reached or a specific date provided by the Customer. All digital content and information stored on the Customer's account will be permanently deleted when the termination of the contract is completed. Upon termination, any remaining subscription period will not be refunded. The same applies where appropriate prepaid PPV. Solidtango may immediately terminate the Customer’s Subscription if it becomes subject of insolvency, bankruptcy or corporate reconstruction, or if the Customer stops paying invoices or acting in violation of these Terms of Service. In the event of a termination from Solidtango’s part, Solidtango reservs the right to remove all or part of the Customer's Digital Content and information stored on the Customer's account. No refund will be made ​​in connection with the termination.

10. Cookies and Privacy

Each party is required to comply with the EU Data Protection Ordinance, GDPR, and other applicable laws regarding the protection of personal data. The customer is to be considered as personally responsible for the personal data that the Customer puts in and in connection with Solidtango's OVP. Solidtango is to be considered as a personal information processor when Solidtango processes these personal data on behalf of the User.

The parties are aware that the Digital Material made available on the Platform is subject to Swedish law and is therefore largely excluded from the GDPR.

What should and should not be covered by the GDPR is currently unclear in Swedish legislation. The parties should therefore regularly consult in these matters in order to best comply with the GDPR.

In order to be able to fulfill some of Solidtango's contractual obligations to the Customer, the personal data submitted by the Client Representative to Solidtango are processed when registering an account in the OVP, such as name, address and e-mail address. For these tasks, Solidtango is considered responsible for personal data.

Solidtango handles the personal data of those users who use the Payment Services on the Play Channel or in its player. Solidtango is to be considered as responsible for data in relation to these Users. This matter is governed by the General Terms of Use between Solidtango and the Users as well as the Solidtango Privacy Policy which is available here https://solidtango.com/privacy_policy

11. Disclaimer and Limitation of Liability

The Customer shall keep Solidtango without liability from all claims that may be directed against Solidtango in the event of the Customer's violation of these Terms of Service. Solidtango is responsible for fulfilling the commitments which Solidtango has regarding delivery in accordance with these Terms of Service. Solidtango is thereby responsible for direct damages caused by negligence from Solidtangos’ part. Solidtangos liability for such damages covers only compensation for direct loss and is limited to an amount equal to the Customer's total charges for the OVP in question during the Subscription period.

Solidtango has no control over the information passing through the Internet or Solidtangos compute node and shall not be deemed liable for damage or loss in the event of delays, interruptions, lack of delivery of data, improper delivery of data or facts of a similar kind. Solidtango is freed from liability for the performance of its obligations under these Conditions prevented or materially adversely affected by circumstances Solidtango not reasonably has control over or can predict, such as, but not limited to, labor disputes, lightning strikes, fire, government regulation, general shortage of transport, goods, energy, errors or limitations of wired networks.

12. Internet Security

The OVP, like any other online services, is potentially vulnerable to various security risks. Solidtango continually strives to reduce such risks, but with the use of the OVP, there is always a risk why Solidtango can not guarantee that the User will never be the subject of password theft, electronic trespassing, tampering, hacking, premature dissemination of information and/or corruption of content that the User uploads, manages, publishes or distributes through the OVP.

13. Changes in the conditions for the OVP

These Terms of Service and Solidtango’s Subscritions and price list on Solidtango.com applies for an indefinite period unless otherwise agreed. Changes to the Terms of Service, and prices will be announced via email. If the Customer does not accept any changes to these Terms of Service, the Customer is required to, within thirty (30) days before the new terms come into force, in writing terminate their Subscription. If such termination does not occur, the Customer is considered to have accepted the new Terms of Service and/or price changes.

14. Third Parties

These Terms of Service set between Solidtango and the Customer can not be extended to another party by the Customer. The Customer agrees not to allow any third party to join in or through their Subscription service, unless such agreement with Solidtango is established.

15. Contact

Postal Addrress: Solidtango AB, Lumaparksvägen 7, 12031 Stockholm, Sweden

Office Address: Solidtango AB, Lumaparksvägen 9, 12031 Stockholm, Sweden

Phone: +46 8 462 98 00

E-mail: info@solidtango.com

16. Applicable Law and Disputes

In case of a dispute between Solidtango and the Customer, the Parties shall seek to resolve the dispute by mutual agreement. If the parties can not agree, the dispute may be brought before the Stockholm District Court as the first instance under Swedish law.

17. Entire Agreement

These Terms of Service constitute the entire agreement of all matters relating Solidtango's and the Customer’s interactions. All written or verbal agreements and pledges prior to these Terms of Service are superseded by this content.