Terms & Conditions

  1. Introduction
    1. Sustainable mPact AB is a company incorporated in Sweden with company registration number 559071-9141 (“we or us”).
    2. These Terms and Conditions, together with specific guidelines published by us on the web site with the address https://www.sustainablempact.com (or any other terms and the conditions contained on such website (“the Guidelines”), govern your use of the Sustainable mPact™Community(“the Community”) as well as your relationship with us. Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register as a user of the Community and/or use the COMMUNITY.
    3. These Terms and Conditions and the Guidelines are jointly referred to as “the Agreement” below.
  2. Who can use the Community?
    1. Any person who is over 18 years can use the Community. If you are under 18 years, you will need the permission of your parents´ or guardians´ consent before using the Community and/or agreeing to these Terms and Conditions. By creating an account and/or by logging in to the Community, you confirm that you are either over 18 years, or that you have received your parents´ or guardians´ consent.
  3. Registering and log in
    1. When registering as a user of the Community, you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us immediately.
    2. When registering as a user of the Community, you shall provide accurate information about yourself and use the same name that you use in everyday life.You hereby commit not to provide any false information or create an account for anyone other than yourself. You shall keep your contact information accurate and up-to-date. You may only create one account.
    3. You may not transfer your account to anyone else (without our permission).
    4. If we have reason to believe that there is likely to be a breach of security or misuse of any services provided on the Community, we may require you to change your password or we may suspend your account and, in our own discretion, suspend or terminate your access to your account immediately pursuant to the provisions below in sub-clause 16 b) below.
    5. You will be responsible for all activities that occur or are submitted under your account. This also applies if you log in by the use of third party service, such as Google or Facebook.
  4. Content
    1. Any information, musical works, musical recordings, texts, graphical representations, images, films, photographs and videos or any other material,without limitation, which you share on the Community (including any materials contained in the Original Musical Recordings (as defined in 6 a) – c) below), are jointly referred to as the “Content” in these Terms and Conditions.
    2. When sharing Content in the Community, you commit to adhere to the terms and conditions of this Agreement and the specific instructions issued from time to time by us. You shall be fully responsible for any Content according to the provisions below.
  5. Your use of the Community
    1. You may not use the Community to do, or share, anything:
      1. That breaches this Agreement (including the Guidelines).
      2. That is unlawful, misleading, discriminatory or fraudulent.
      3. That infringes or breaches someone else’s rights (without limitation), including contractual rights, copyrights, trade mark rights, design rights, patent rights, any rights to a person’s identity, name or picture, any privacy rights or any other rights of any person or entity.
    2. You may not advertise or promote any commercial products or services on the Community without having first obtained our permission.
    3. You may not upload viruses, Trojan horses, spyware, cancel bots or other maliciousor malicious code or do anything else that could disable, overburden, or impair the proper working or appearance of the Community and or any third party equipment such as mobile phones and computers.
    4. You may not access or collect data from the Community using automated means (without our prior permission) or attempt to access data you do not have permission to access.
  6. Specific provisions as regards the sharing of music on the Community
    1. You may share Original Music Recordings on the Community. Unless this is explicitly specified in the Guideline, you may not share any other kind of musical recordings (or any videos containing such other kind of musical recordings).
    2. “Original Music Recordings” means musical recordings (audio only) which are fully owned and controlled by you, which contain (solely) your musical performances and which contain musical works and lyrics which have been solely created by you.
    3. For the avoidance of doubt, if any of the following conditions are fulfilled, the recording in question does not qualify as an Original Music Recording hereunder, whereby you may not share it on the Community:
      1. A third party musician, vocalist, producer, remixer, arranger, programmer and similar performing artist has performed on the recording.
      2. A third party composer and/or author has contributed to the underlying musical works and lyrics. Hence, without limiting the generality of the foregoing, all so called “cover versions” are excluded.
      3. A third party record company, producer or any other third party physical or legal person owns or controls any rights to the recording, for instance in the legal capacity as a producer of phonograms.
  7. Ownership of content and our license to use content
    1. Any Content which you share on the Community, is owned by you and shall remain your property. We may not prevent you from using the Content elsewhere. Thus, you are free to share your content with anyone else, wherever you want.
    2. Notwithstanding the foregoing, in order for us to be able to provide the service of the Community, you hereby grant to us a worldwide, non-exclusive, royalty-free and transferable license to (in accordance with your settings):
      1. Copy, host and store your Content.
      2. Publish, publicly perform, display, communicate or otherwise make availible your Content on the Community and to other users of the Community.
      3. Use the Content on the Community and/or in connection therewith (the latter only for the purpose of the proper functioning of the Community).
      4. Modify, translate and create derivative versions of your Content and use such derivative versions in the same manner as your Content.
      5. Allow other users of the Community to create Original Remixes (as defined in sub-clause 10 a) below) and to use such Original Remixes in the same manner as your Content.
    3. The above license is granted to us until your account is deleted.
  8. Advertising on the Community
    1. You give us permission to use your name and profile picture as well as information about actions you have taken on the Community next to, or in connection with ads, offers, and other sponsored content that we display on the Community, without any compensation to you.
  9. Deletion of content
    1. You can delete Content, either individually, or all at once by deleting your account. When you delete Content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:
      1. Immediate deletion is not possible due to technical limitations,
      2. your Content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
      3. where immediate deletion would restrict our ability to investigate or identify illegal activity or breach of this Agreement, comply with a legal obligation (such as the preservation of evidence) or comply with a request of a court of law or any other authority (in which case, the Content will be retained for no longer than is necessary for the purposes for which it has been retained).
  10. Remixes and licenses
    1. You may allow other users of the Community to edit your Original Music Recordings and create remixes of them. Such remixes are referred to in this Agreement as “Original Remixes”. If you allow another user (“a Remixer”) to create an Original Remix, all rights to the Original Remix shall be owned by the Remixer. Such ownership shall, however, be subject to your ownership of the applicable Original Music Recording.
    2. The Remixer may make the Original Remixes available on the Community and is hereby granted by you a worldwide, non-exclusive, royalty-free and transferable license to do so. Any other use of the Original Remix by the Remixer, shall be subject to a separate agreement between you and the Remixer (for which agreement you and the Remixer shall be solely responsible).
    3. What is stipulated in the foregoing, shall also apply between you, us and the owner of the Original Musical Recording, should you decide to create an Original Remix of such Original Musical Recording (whereby you are deemed a Remixer hereunder).
  11. Access to the Community
    1. We will do our utmost to ensure that availability of the Community will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. Also, your access to the Community may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
  12. Removal of Content and termination of access
    1. We reserve the right to reject or remove from the Community any Content which damages, or (in our reasonable opinion) could potentially damage us. In any such case, we shall also be entitled to terminate your access to the Community.
  13. Our rights
    1. All right, title and interest in the Community and the services contained therein (excluding the Content), will remain our exclusive property. This Agreement shall not give you any right to use such materials other as provided for herein, nor shall this Agreement give you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features.
  14. Limitation of liability
    1. Your access to and use of the Community is at your own risk. You understand and agree that the services provided to are on an “AS IS” and “AS AVAILABLE” basis. We, shall not be liable for any direct, indirect, incidental, special, consequential, punitive or any other kind of damages, including, without limitation, loss of profits, data, use, good will or any other losses in connection with your use of the Community.
    2. We disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Community, or any Content provided by other users of the Community. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to, or use of, the Community, or any Content provided by other users of the Community. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content. We make no warranty that the Community will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
  15. Alteration of service or amendments to these terms and conditions
    1. We reserve the right to add new services to the Community and to change such services, without prior notice to you. Should we wish to stop providing all services permanently, we shall terminate this Agreement pursuant to sub-clause 16 b) below.
    2. We reserve the right to make amendments to this Agreement at any time. We will notify you of our intent to make such amendment the next time you access your account. If you should notify us that you cannot accept such amendments, we shall be entitled to disable your access to your account (on a permanent basis). Otherwise, your use of the Community shall be subject to the amended Agreement.
  16. Term and termination
    1. You shall be entitled to delete your account at any time.
    2. We shall be entitled to terminate your access to your account by giving you 30 days’ notice if we should cease to offer the Community. Such termination shall have effect at the expiry of the 30 days’ notice period.
    3. We shall be entitled to suspend or terminate your access to your account (on a permanent basis), if we determine that you have committed a breach of any of the provisions contained in this Agreement or when we are required to do so for legal reasons.We will notify you thereof the next time you attempt to access your account.
    4. In the case you delete your account or if we terminate your access to your account, the Agreement is automatically terminated as well. Regardless of this, the following provisions shall, however, survive the termination of this Agreement; sub-clauses 13 a), 14 a) – b) and 17 a).
  17. Indemnification
    1. You shall indemnify and hold us, or any of our affiliates and business partners (including any directors, members, employees and other representatives), harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach, or alleged breach, by you of any of the provisions of this Agreement.
  18. Miscellaneous
    1. We may transfer our rights and obligations of this Agreement, in whole, to any third party without your prior written consent.
    2. In event that any discrepancy or ambiguity exists as between the provisions of these Terms and Conditions and the Guidelines, the provisions of these Terms and Conditions shall take precedence.
  19. Governing law and disputes
    1. This agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to conflict of law provisions.
    2. If you are a consumer and habitually reside in a member state of the European Union, the laws of that member state will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to this Agreement, and you may resolve your claim in any competent court in that member state that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved by the general courts of Sweden, with the District court of Stockholm, Sweden (“Stockholms tingsrätt”) as first instance.