1. General

These terms and conditions regulate the business relation between the Customer and Din Studio Sverige AB ("DSAB") as regards subscriptions to Din Studio ("the Services") and any associated supplementary services. The Customer must be a natural person of age (that is, at least 18 years of age) or a legal entity. If the Customer is not of age, the Customer’s parent or guardian is liable under the agreement between the Customer and DSAB. The Agreement between the parties cannot be extended by the Customer to include an additional party.

2. Scope

When the Customer subscribes to the Services, DSAB provides space on and access to DSAB’s system for content management and publishing in order for the Customer to save and publish information on the Internet. In addition, the Customer is offered supplementary services, which may be subject to special terms and additional fees. DSAB has the right to change the content of the Service at any time.

3. The Agreement regarding the Services

An agreement regarding the Service is entered into electronically via DSAB’s website when the Customer submits an application and DSAB confirms its acceptance of said application (the Agreement). The Customer is deemed to have accepted these terms and conditions by completion of the electronic application process. When applying for the Services, the Customer agrees to provide a correct e-mail address.

4. Delivery of the Service

Normally, the Customer should receive the information necessary to begin using the Services the same day as the Agreement has been entered into over the Internet.

5. The right of withdrawal and exceptions to the right of withdrawal

Customers that are consumers (that is, not legal entities) have the right to withdraw from the Agreement on the condition that the Customer informs DSAB of this intention within fourteen (14) days (the "right of withdrawal") of the Customer receiving confirmation of the Agreement from DSAB.

Fees that the Customer has paid for the Service will be refunded by DSAB within thirty (30) days of the Customer informing DSAB of the intention to withdraw from the Agreement.

6. Responsibility for passwords and the transfer of information

The Customer is offered the ability to transfer information over the Internet to the Customer’s allocated space on DSAB’s system for content management and publishing. When registering, the Customer chooses a user identity and is assigned a password. The Services are personal.

The Customer is responsible for storing the password in a secure manner to prevent its disclosure to unauthorised parties. If the Customer learns that someone other than the Customer is using the Customer’s Services, the Customer is obligated to take reasonable measures to prevent the continued unauthorised use of the Services as well as to inform DSAB of the circumstances.

7. Terms and conditions for use of the Service

In the business relation with DSAB, the Customer alone is responsible for the information stored and/or made available via the Service. The information must not contravene laws, ordinances or state agency regulations or generally accepted publishing practices. Nor may the information include such content that it can reasonably be assumed to damage DSAB or any other party. The Customer is responsible for any necessary permits for the distribution, receipt or storage of the information. The Customer may not use the Service in such a way as to cause considerable inconvenience to DSAB or any other party and, further to this, shall hold DSAB free from liability for demands received by DSAB from third parties due to the Customer’s use of the Service. The Customer is not permitted to sell space within the scope of the Services to any other party. This applies to Customers with separate domains as well as to those using DSAB’s domain. The Customer is aware that DSAB has the right to disable scripts/programs that utilise extensive resources and comprise a source of inconvenience to DSAB, other users of the Service or connected systems. The Customer will be informed prior to such actions being taken.

DSAB treats all customer information as confidential and in accordance with applicable privacy legislation. Information regarding how DSAB processes personal information can be found on DSAB's privacy policy page, and is also regulated in the Data Processing Agreement, Appendix 1.

The Customer accepts Appendix 1 as a Data Processing Agreement for all the Services which are used by the Customer.

8. Responsibility for content

DSAB retains the right to check the information Customers publish using the Services. If a Customer breaches the Agreement, DSAB retains the right to block the information considered inappropriate. If the breach is of a more serious nature, the Customer may be fully or partially locked out from continued use of the Services. DSAB has the right to immediately suspend a Customer’s connection to the Services if, despite warning, the Customer:

• Stores and/or makes available information via the Services that contravenes laws, ordinances or state agency regulations or generally accepted publishing practices or that in some other way is offensive or inappropriate or includes such content that it can reasonably be assumed to cause damage to DSAB or any other party; or
• Without DSAB’s consent grants space within the Services to a third party or despite a reminder fails to pay on the specified due date. The right to close the Services does not apply if the Customer’s negligence is of lesser importance or if DSAB has provided a grace period for payment.

9. Downtime, reporting faults

The Customer is encouraged to initially consult the help information available on DSAB’s website at www.dinstudio.com before reporting a fault. Downtime or considerable disruptions to the Services are reported to DSAB and rectified by DSAB during normal working hours. DSAB provides no guaranteed lowest acceptable availability or any maximum permitted downtime for individual disruptions.

10. Subcontracting

The Customer does not have the right to subcontract the subscription to the Services.

11. Prices and payment

The Customer shall pay the fees stated in the current pricelist applicable to the Services. Payment shall be made in advance via DSAB’s payment system when the Customer confirms the renewal of the Agreement after the expiration of any free trial period or the previous subscription period. Customers that fail to pay will be locked out from their subscription to the Services, though not before a reminder or warning has been sent via e-mail.

Price changes can only come into effect in conjunction with a new Agreement period. Notification of price increases shall be provided at least one month in advance. Notification of price reductions need not be provided in advance. The Customer has the right to terminate the Agreement in conjunction with a price increase. Limited special offers do not affect the fees according to a pending Agreement.

12. Liability

The Customer has the full responsibility for any liability and risk associated with the Customer’s use of the Services and any supplementary services. DSAB assumes no liability for the content, including its accuracy, legality and so forth, of the information the Customer receives or transfers over the Internet. Moreover, DSAB assumes no liability for unauthorised parties monitoring, gathering or accessing the Customer’s traffic or data.

DSAB is not liable for the information transferred via the Services or for any damages or losses due to delays, disruptions, failure to deliver or incorrect delivery of data or any other similar circumstances. DSAB assumes no liability for any authorised or unauthorised intrusion of the Customer’s, DSAB’s or any other party’s computer resources and any consequent access to or destruction or corruption of data or information.

DSAB disclaims all liability for damages or losses affecting the Customer in conjunction with the Customer’s use of the Services, including the use of or lack of opportunity to use the Customer’s space in DSAB’s system, regardless of the reason, unless DSAB has acted intentionally or with gross negligence to the Customer’s disadvantage.

DSAB also disclaims all liability for direct damages, including property damages and personal injury, and indirect losses, including downtime, production losses, loss of earnings, loss of data or information and any other kind of indirect damages.

Under all circumstances and regardless of the extent of the damage, DSAB’s liability to the Customer is limited to an amount corresponding to the fees that the Customer has paid for the current subscription period.

The Customer may under no circumstances make a claim for damages, or any other claim, on DSAB, if the Customer pays no fees for the Services.

Linked sites

Din Studio makes no representations whatsoever, about any other website which the Customer may access through DSAB:s website or which may link to DSAB:s website. When you access any other website it is understood that it is independent from Din Studio and that Din Studio have no control over the content or availability of that website. In addition, a link to any other website does not mean that Din Studio endorses or accepts any responsibility for the content, or the use of, such a website and Din Studio shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

13. Force Majeure

DSAB is discharged from liability for damages and other sanctions if fulfilment of the Agreement is prevented or impeded by circumstances – such as war, state intervention, public disturbances, restrictions in the power supply, disruptions to telecommunications or network communications, labour market disruptions, prohibitions, restrictions, denied permits, accidents, unfavourable transport or weather conditions or suppliers failing to deliver – that DSAB could not reasonably be expected to foresee at the time the Agreement was entered into and the consequences of which DSAB could not reasonably be expected to avoid or overcome.

14. Personal data

When ordering the Services, the Customer is aware of that DSAB processes the personal data provided by the Customer in order for the Customer to use the Services and for DSAB to fulfil its obligations under the Agreement. Providing the requested personal data is optional, though the Customer understands that the Agreement cannot be entered into if the requested details are not provided.

When ordering the Services the Customer consents to DSAB processing his or her personal data for statistical and marketing purposes as well. The Customer also consents to DSAB sharing the data with its business and other contractual partners, outside Sweden and even outside the EEA. DSAB may merge its database with other databases in order to expand and update the databases with any data DSAB judges to be necessary for good customer care and database management. Customer data may be saved by DSAB for up to 60 days after the termination of the Agreement. Nonetheless, such data is never retained longer than necessary to complete the required processing.

If the Customer seeks information on the processing of personal data or wishes to have said data corrected, the Customer should contact DSAB. The Customer may at any time revoke the consent in the section above by informing DSAB. The Customer may at any time request that DSAB does not use the data for marketing purposes.

In addition, the privacy policy on Din Studio’s webpage applies.

15. Agreement period

The Agreement can run on a monthly, quarterly or annual basis, as indicated in the confirmation of the Agreement received from DSAB. The Customer may cancel the Agreement at any time. The Agreement does then terminate at the end of the pending Agreement period. Paid fees are only refunded in cases where the Agreement is terminated due to changes in the terms and conditions of the Agreement or serious service disruptions for which DSAB is responsible. DSAB has the right to terminate the Agreement with immediate effect if the Customer:

• Distributes information that can be considered illegal or commits illegal acts over the Internet
• Breaches any of the terms and conditions of the Agreement
• Infringes upon a third party’s intellectual property rights
• Sends marketing to e-mail addresses where the recipients have not provided prior consent (spamming or mail bombing)
• Acts in a way that entails considerable inconvenience to DSAB, other users of the Service and connected systems
• despite a reminder, fails to pay an overdue payment where the outstanding amount is not an insubstantial proportion of the total overdue payment.

16. Lock-out from the Service and deletion of content

DSAB has a right, in accordance with the foregoing, to cancel the Agreement with immediate effect if the Customer, despite a reminder, fails to pay an overdue payment. Fourteen (14) days after the subscription has ceased, DSAB sends a further reminder to the e-mail address provided by the Customer, after which the Customer is locked out of the Service and the Customer’s website is closed down. DSAB will save the content for thirty (30) days thereafter and the content will then be automatically deleted if no payment has been received.

Furthermore, DSAB has a right to lock the Customer out of the Service if the Customer uses the free version and has not logged into the Service for two (2) months. The Customer then receives a reminder from DSAB by e-mail informing the Customer that it must log in within fourteen (14) days if the Customer wishes to keep the website. A further reminder is sent fourteen (14) days later, after which the website is closed down. In such circumstances, DSAB then has a right to delete the Customer’s content on the Service after a further thirty (180) days.

17. Communications

Communications that DSAB sends to the Customer in relation to the Agreement are sent to the e-mail address provided by the Customer. The Customer is required to promptly inform DSAB of any change of e-mail address. Communications from the Customer should be addressed to DSAB’s customer service department at info@dinstudio.com.

18. Amendments to the terms and conditions of the Agreement etc.

DSAB has the right to amend the terms and conditions or the scope of the Services after informing the Customer in accordance with Paragraph 11 above. Revised Terms and Conditions are effective three (3) months from the date the Customer receives notification of the amendments. Minor amendments to the terms and conditions or the scope of the Services may, however, be made after publication on www.dinstudio.com.

19. Transfer

The Customer has no right to transfer the Agreement to a third party. DSAB has the right to transfer the Agreement to a company within its group or a corporate group of which DSAB is part when the Agreement is entered into or may be a part of at a later date.

20. Applicable law and Disputes

The Agreement is governed by Swedish law.

Disputes concerning the interpretation or application of the Agreement shall be decided in Sweden by the Stockholm District Court as the court of first instance.

Customers that are consumers might be protected by mandatory legislation in their home countries.